Resolve, to Ensure Compliance by the State with an Agreement Regarding the Operation of the Landfill in Old Town
Maine Legislature, Session 131, LD 1330
Committee: Environment and Natural Resources
Sponsors: DILL, LANDRY

Legislative Document
No. 1330
H.P. 843
House of Representatives, March 23, 2023
Resolve, to Ensure Compliance by the State with an Agreement 
Regarding the Operation of the Landfill in Old Town
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative DILL of Old Town.
Cosponsored by Representative: LANDRY of Farmington.
Preamble.  Whereas, the 121st Legislature in its First Regular Session enacted 
Resolve 2003, chapter 93, Resolve, To Authorize the State To Purchase a Landfill in the 
City of Old Town, providing authority to the Executive Department, State Planning Office 
to acquire, own and cause to be operated an existing Department of Environmental 
Protection-licensed and generator-owned solid waste disposal facility in the City of Old 
Town known as the West Old Town Landfill under terms and conditions that were revenue-
neutral to the State and determined to be advisable and in the public interest; and
Whereas, the 121st Legislature further authorized the State Planning Office to 
establish the terms and conditions of, and execute and deliver, in the name of and on behalf 
of the State, all contracts determined to be necessary or appropriate to effect the acquisition 
and operation of the landfill and to undertake all actions determined to be necessary or 
appropriate to fully perform all obligations established under such contracts; and
Whereas, the State Planning Office, in the name of and on behalf of the State did 
acquire the landfill in 2004 through execution of the Agreement Regarding Solid Waste 
Disposal Facility Acquisition and Operation with the owner of the paper mill located in 
Old Town, in which the State agreed to provide certain commitments and benefits to the 
owner of the paper mill in connection with the operation of the landfill either directly or 
through any operator authorized by the State to operate the landfill; and
Whereas, the agreement provided that for a period of 30 years following the 
acquisition of the landfill, the State would provide the owner of the paper mill located in 
Old Town with disposal capacity at the landfill for all mill waste and biomass ash according 
to a fee schedule provided in the agreement; now, therefore, be it
Sec. 1.  Determination of compliance with acquisition and operation 
agreement.  Resolved:  That the Department of Administrative and Financial Services 
shall investigate and determine whether the benefits of the 2004 Agreement Regarding 
Solid Waste Disposal Facility Acquisition and Operation, referred to in this resolve as "the 
agreement," entered into by the State and the owner of the paper mill located in Old Town, 
referred to in this resolve as "the paper mill," regarding disposal capacity and tipping fees 
continues to properly accrue to the owner of the Old Town paper mill.  The department 
shall provide, in writing, the results of its investigation to the Joint Standing Committee on 
Environment and Natural Resources within 30 days of the effective date of this resolve.  
Sec. 2.  Necessary action to ensure compliance with the acquisition and 
operation agreement.  Resolved:  That if the Department of Administrative and 
Financial Services determines, following the investigation conducted pursuant to section 
1, that the benefits of the agreement are not being received by the owner of the paper mill 
on the terms originally contemplated by the agreement, the department shall take such 
action as is necessary to ensure the proper receipt of those benefits by the owner of the 
paper mill.  
Sec. 3.  Report.  Resolved:  That, by January 15, 2024, the Department of 
Administrative and Financial Services shall submit a report to the Joint Standing 
Committee on Environment and Natural Resources on its findings and actions taken 
pursuant to this resolve.  
SUMMARY
In Resolve 2003, chapter 93, the State Planning Office was authorized to acquire and 
cause to be operated a solid waste disposal facility in the City of Old Town.  Pursuant to 
an agreement entered into with the paper mill located in Old Town, the State agreed to 
provide certain commitments and benefits to the owner of the paper mill in connection with 
the operation of the landfill either directly or through any operator authorized by the State 
to operate the landfill.
This resolve requires the Department of Administrative and Financial Services to 
investigate and determine whether the State is providing the owner of the paper mill in Old 
Town the benefits as required by the agreement.  If the department determines that the 
agreed-upon benefits are not being provided, the department is required to take necessary 
action to ensure the receipt of those benefits.  The resolve requires the department to report 
the results of its investigation to the Joint Standing Committee on Environment and Natural 
Resources within 30 days of the effective date of the resolve and to report again by January 
15, 2024 regarding any action the department needed to take to ensure receipt of the 
benefits by the owner of the paper mill.