Resolve, To Authorize the State To Purchase a Landfill in the Town of East Millinocket
Maine Legislature, Session 125, LD 1567
Committee: State and Local Government
Sponsors: SAVIELLO, GOODALL, THOMAS, CLARK, DUCHESNE, HAMPER, PARKER

Legislative Document 
No. 1567 
S.P. 500 
In Senate, May 11, 2011 
Resolve, To Authorize the State To Purchase a Landfill in the Town 
of East Millinocket 
Reference to the Committee on State and Local Government suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin.  (GOVERNOR'S BILL) 
Cosponsored by Senators: GOODALL of Sagadahoc, THOMAS of Somerset, Representatives: 
CLARK of Millinocket, DUCHESNE of Hudson, HAMPER of Oxford, PARKER of Veazie. 
Sec. 1.  Acquisition of landfill authorized.  Resolved:  That, notwithstanding 
the Maine Revised Statutes, Title 5, section 1825-B, subsection 1; Title 38, section 
1310-X; and Title 38, chapter 24, the following provisions apply. 
1.  The Executive Department, State Planning Office, referred to in this section as 
"the office," shall acquire, own and cause to be operated an existing Department of 
Environmental Protection-licensed and generator-owned solid waste disposal facility in 
the Town of East Millinocket, known as the Dolby Landfill and consisting of 3 separate 
areas known as "Dolby Landfill Site 1," "Dolby Landfill Site 2" and "Dolby Landfill Site 
3," including unused solid waste capacity, expansion potential and the rights and 
obligations of all related solid waste licenses, together with such related property, if any, 
and appurtenant rights as may be necessary or desirable for the operation of such property 
as a commercial landfill, referred to in this resolve collectively as "the disposal facility."   
The office shall establish the terms and conditions of sale, including a nominal cash 
purchase price, and execute and deliver, in the name of and on behalf of the State, all 
contracts the office determines are necessary or appropriate to effect the acquisition and 
operation of the disposal facility.  The office shall undertake all actions the office 
determines necessary or appropriate to fully perform all obligations established under the 
contracts. 
2.  The acquisition agreement must provide that the current owner of the disposal 
facility and the owner's successors and assigns in the ownership of the pulp and paper 
mills in Millinocket and East Millinocket and any energy-generating facilities now or 
hereafter located on these mill properties have the right to dispose of sludge, ash and 
other wastes generated from operations on the mill properties. 
3.  Notwithstanding the Maine Revised Statutes, Title 38, section 1310-U, the 
municipality in which the disposal facility is located may not regulate the operation or 
any other aspect of the disposal facility as provided in Title 38, section 2173 or by means 
of any municipal ordinances, regulations, licenses or permits. 
4.  The municipal officers of the Town of East Millinocket and the Town of 
Millinocket shall establish a joint citizen advisory committee consisting of 7 members, of 
whom 4 must be from the Town of East Millinocket and 3 must be from the Town of 
Millinocket.  In appointing members to the committee, the municipal officers shall use 
the Maine Revised Statutes, Title 38, section 2171, subsection 1 as guidance.  The 
committee shall meet as soon as practical following appointment of its members and shall 
select a chair from among its members.  The committee shall establish procedures for the 
conduct of meetings.  The committee may: 
A.  Review proposed contracts, site analyses, applications and other documents 
relating to the expansion, permitting and operation of the disposal facility; 
B.  Hold periodic public meetings to solicit the opinions of residents concerning the 
disposal facility and any permit applications, contracts or other provisions relating to 
the disposal facility; 
C.  Provide the office and the disposal facility operator with suggested contract 
provisions, permit conditions, plans or procedures the committee considers 
appropriate; and 
D.  Serve as a liaison between the towns and the office and the disposal facility 
operator to facilitate communications during the development and operation of the 
disposal facility and provide residents with updated information about the disposal 
facility, including providing explanations of any technical terms; and be it further 
Sec. 2.  Report. Resolved: That, by February 15, 2012, the Executive Department, 
State Planning Office shall submit a report to the Joint Standing Committee on 
Environment and Natural Resources on the acquisition of the disposal facility authorized 
under section 1 and a review of the operations related to that disposal facility. 
SUMMARY 
This resolve directs the Executive Department, State Planning Office to purchase and 
cause to be operated an existing licensed and generator-owned solid waste disposal 
facility in the Town of East Millinocket known as the Dolby Landfill.  The current owner 
of the disposal facility and the owner's successors and assigns in the ownership of the 
pulp and paper mills in the Town of Millinocket and the Town of East Millinocket will 
have the right to dispose of sludge, ash and other wastes generated at these facilities.  The 
municipality in which the disposal facility is located may not regulate the operation of the 
disposal facility.  The municipal officials of the Town of East Millinocket and the Town 
of Millinocket are directed to establish a joint citizen advisory committee regarding the 
disposal facility.  The resolve directs the Executive Department, State Planning Office to 
submit a report to the Joint Standing Committee on Environment and Natural Resources 
by February 15, 2012 on the acquisition of the disposal facility and a review of the 
operations related to the disposal facility.