Resolve, Authorizing the Executive Department To Facilitate the Closure of the Maine Energy Recovery Company Facility in Biddeford by Negotiating the Transfer of the Juniper Ridge Landfill and Requiring Other Actions To Improve Recycling
Maine Legislature, Session 125, LD 1911
Committee: Environment and Natural Resources
Sponsors: HOBBINS, CASAVANT, BARTLETT, COURTNEY, SULLIVAN, BEAUDOIN, DRISCOLL, HOGAN, PEOPLES, PILON, ROCHELO, VALENTINO

Legislative Document 
No. 1911 
S.P. 683 
In Senate, April 5, 2012 
Resolve, Authorizing the Executive Department To Facilitate the 
Closure of the Maine Energy Recovery Company Facility in 
Biddeford by Negotiating the Transfer of the Juniper Ridge Landfill 
and Requiring Other Actions To Improve Recycling 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HOBBINS of York. 
Cosponsored by Representative CASAVANT of Biddeford and 
Senators: BARTLETT of Cumberland, COURTNEY of York, SULLIVAN of York, 
Representatives: BEAUDOIN of Biddeford, DRISCOLL of Westbrook, HOGAN of Old 
Orchard Beach, PEOPLES of Westbrook, PILON of Saco, ROCHELO of Biddeford, 
VALENTINO of Saco. 
Whereas, the Maine Energy Recovery Company facility located in downtown 
Biddeford has been for years a source of controversy in the City of Biddeford and the 
neighboring City of Saco; and 
Whereas, the cities of Biddeford and Saco have engaged in periodic negotiations 
with the owner of the Maine Energy Recovery Company facility, Casella Waste Systems, 
Inc., in an effort to close the Maine Energy Recovery Company facility; and 
Whereas, the cities of Biddeford and Saco have long believed that the closure of the 
Maine Energy Recovery Company facility would enhance economic development in the 
cities and in southern Maine; and 
Whereas, the City of Biddeford is interested in acquiring the Maine Energy 
Recovery Company facility for the purpose of closing that facility; and 
Whereas, in 2004, the State purchased the West Old Town Landfill, now the 
Juniper Ridge Landfill, from Fort James Operating Company for $26,400,000 using funds 
provided by Casella Waste Systems, Inc.; and 
Whereas, in 2004, Casella Waste Systems, Inc., paid the State $26,400,000 as the 
winning bidder to serve as the 30-year contractual operator of the landfill and has paid for 
all capital improvements to the landfill and associated costs of its operation since 2004; 
and 
Whereas, Casella Waste Systems, Inc., is willing to sell the Maine Energy Recovery 
Company facility to the City of Biddeford at a price set below its assessed value if the 
State transfers ownership and licenses, including any public benefit determination, of the 
Juniper Ridge Landfill to Casella Waste Systems, Inc., to be operated by Casella Waste 
Systems, Inc., in compliance with the laws and rules applicable to a commercial solid 
waste disposal facility with the ability to dispose of municipal solid waste; and 
Whereas, as part of the transfer of the Maine Energy Recovery Company facility, 
and as a means to maximize recycling rates, Casella Waste Systems, Inc., will provide the 
City of Biddeford with a citywide residential, curbside zero-sort recycling program; and 
Whereas, upon the transfer contemplated above, Casella Waste Systems, Inc., will 
pay the higher per ton host fee to the City of Old Town for the disposal of all municipal 
solid waste at a volume not to exceed the volume currently being accepted at the Maine 
Energy Recovery Company facility as anticipated and provided for in the host community 
compensation and facility oversight agreement between the City of Old Town, Casella 
Waste Systems, Inc., and the State executed in 2005 or as amended; and 
Whereas, Casella Waste Systems, Inc., is willing to accept at the Juniper Ridge 
Landfill a restriction on out-of-state waste identical to the current limitation placed on the 
State’s other commercial landfill, the Crossroads Landfill owned by Waste Management, 
Inc., in the Town of Norridgewock; and 
Whereas, Casella Waste Systems, Inc., and the Penobscot Energy Recovery 
Company are working collaboratively on a plan to establish a zero-sort recycling system 
for the Penobscot Energy Recovery Company charter member communities in an effort to 
maximize recycling and to ensure that the Penobscot Energy Recovery Company does not 
experience shortfalls of municipal solid waste arising from this initiative; now, therefore, 
be it 
Sec. 1.  Transfer of landfill ownership and licenses 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 State, through its executive branch departments, is authorized to negotiate the 
terms, procedures, responsibilities and schedule of, and to consummate, the state 
components of the contemplated transaction necessary to facilitate the closure of the 
Maine Energy Recovery Company facility, significantly enhance zero-sort recycling and 
institute other aspects of the contemplated transaction that must include the following 
actions, each of which is a condition precedent to closing: 
A.  The transfer of the ownership and licenses of the Maine Energy Recovery 
Company facility to the City of Biddeford; 
B.  The transfer of the ownership and licenses of the Juniper Ridge Landfill to 
Casella Waste Systems, Inc., with the authorization to dispose of municipal solid 
waste at the Juniper Ridge Landfill at a volume not to exceed that volume currently 
being accepted for disposal at the Maine Energy Recovery Company facility and a 
limitation on the amount of out-of-state waste that may be received at the Juniper 
Ridge Landfill identical to the limitation placed on the other commercial landfill in 
the State, the Crossroads Landfill owned by Waste Management, Inc., in the Town of 
Norridgewock; 
C.  The termination of the operating services agreement between Casella Waste 
Systems, Inc., and the State; and 
D.  The modification or transfer of the public benefit determination for the Juniper 
Ridge Landfill expansion occasioned by the change in ownership of the Juniper 
Ridge Landfill, as the landfill is described in Resolve 2003, chapter 93, which 
authorized the State to acquire the landfill, to Casella Waste Systems, Inc., in 
accordance with the terms and conditions of this resolve. 
2.  A required component of the contemplated transaction must be that the State, 
through its executive branch departments, and Casella Waste Systems, Inc., pursue, and 
Casella Waste Systems, Inc., execute if presented, an amendment to the host community 
compensation and facility oversight agreement between the City of Old Town, Casella 
Waste Systems, Inc., and the State authorizing continuation of the agreement under its 
existing provisions, notwithstanding termination of the operating services agreement and 
the Town of Alton community benefits agreement authorizing continuation of the 
agreement under its existing provisions, notwithstanding termination of the operating 
services agreement. 
Notwithstanding Title 38, section 1310-N, subsection 9, an additional or new community 
benefits agreement with the City of Old Town or Town of Alton may not be required 
prior to the earlier of: 
A.  The expiration of the term of 30 years or term of 28 years, 4 months provided for 
in the respective community benefits agreements existing at the time of adoption of 
this resolve; and 
B. After amendment of the respective community benefits agreements as 
contemplated in this subsection, termination of the agreement by one or more of the 
parties as provided in the agreement. 
3.  Notwithstanding the operation of the Juniper Ridge Landfill as a privately owned 
commercial solid waste disposal facility, the joint citizen advisory committee shall 
continue as provided in Resolve 2003, chapter 93, section 1, subsection 5, as amended by 
Public Law 2005, chapter 341, section 2, and as provided in Title 38, section 1310-N, 
subsection 12. 
4.  Notwithstanding any existing municipal ordinance provisions that differentiate 
between a state-owned and privately owned landfill or pertain to transfer of a landfill 
from state to private ownership, the authority of municipalities to regulate the operation 
or any other aspect of the Juniper Ridge Landfill as a commercial solid waste disposal 
facility continues as provided in Resolve 2003, chapter 93, section 1, subsection 5. 
5.  The tipping fees provided for the Fort James Operating Company, now known as 
the Old Town Fuel and Fiber mill and the Lincoln Paper mill in the operating services 
agreement must continue to apply to the Juniper Ridge Landfill as a commercial solid 
waste disposal facility. 
6.  Nothing in this resolve permits the abrogation of, abrogates or intends to abrogate 
the sovereign immunity of the State with respect to any agreement authorized under this 
resolve; and be it further 
Sec. 2.  Report.  Resolved:  That, by February 15, 2013, the Executive 
Department, State Planning Office or the Department of Economic and Community 
Development shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over environment and natural resources matters on actions taken 
pursuant to section 1. 
SUMMARY 
This resolve authorizes the State to take action to facilitate the transfer of the Maine 
Energy Recovery Company facility to the City of Biddeford and the closure of this 
facility.  It also authorizes the State to transfer the ownership and licenses of the Juniper 
Ridge Landfill in the City of Old Town to Casella Waste Systems, Inc.  It specifies 
requirements that must be met before the Maine Energy Recovery Company facility may 
be closed, one of which is the transfer of the Juniper Ridge Landfill to Casella Waste 
Systems, Inc.