LD 1626
pg. 1
LD 1626 Title Page Resolve, To Authorize the State To Purchase a Landfill in the City of Old Town ... Page 2 of 2
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LR 2164
Item 1

 
Sec. 1. Acquisition of landfill authorized. Resolved: That, notwithstanding
anything in the Maine Revised Statutes, Title 5, section 1825-B,
subsection 1 and Title 38, chapter 24 to the contrary, the
Executive Department, State Planning Office, referred to in this
section as "the office," may acquire, own and cause to be
operated an existing and approved generator-owned solid waste
disposal facility in the City of Old Town known as the West Old
Town Landfill, referred to in this resolve as "the disposal
facility" under such revenue-neutral terms and conditions as the
office determines are advisable and in the public interest. The
office may establish the terms and conditions of, 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
transactions authorized by, or incident to, this resolve and to
undertake all actions the office determines necessary or
appropriate to fully perform all obligations established under
this resolve.

 
The municipality in which the disposal facility is located may
not regulate the operation, expansion or siting of the disposal
facility as provided in Title 38, section 2173 or by means of any
municipal ordinances, regulations, licenses or permits. The
municipal officers of the City of Old Town may establish a
citizen advisory committee to review landfill processes and serve
as a liaison between the community and the office to facilitate
communications during the development and operation of the
landfill and provide local residents with updated information
about the project, including explanations of any technical terms;
and be it further

 
Sec. 2. Report. Resolved: That, by February 15, 2004, the Executive
Department, State Planning Office shall submit a report to the
Joint Standing Committee on 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 authorizes the Executive Department, State
Planning Office to acquire, own and operate a preexisting,
Department of Environmental Protection-approved and generator-
owned solid waste disposal facility located in Old Town and to
enter into such contracts as the office determines are necessary
or appropriate to effect this transaction. The resolve further
provides that municipal regulation of the facility will not be
the same as for any other disposal facilities owned by the State.
The City of Old Town, however, will be afforded the specified
host community benefit, power and responsibility with respect to
the facility as currently provided in state law.


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