Wednesday, Aug. 27, 2008

Sued again
Former Saco mayor files suit against Maine Energy

By DINA MENDROS and LIZ GOTTHELF
Staff Writers

SACO — Claiming that odor emanating from Maine Energy Recovery Company is worse now than in the past 15 years, former mayor Mark Johnston is seeking an injunction against Maine Energy for emitting “offensive smells” beyond its property lines.

Johnston filed a civil lawsuit in York County Superior Court on Aug. 20, charging the company, operated by Casella Waste Systems, Inc., with being a habitual nuisance under Maine statutes.

The suit is not asking the court for any monetary damages.

Ken Robbins, general manager of Maine Energy, said he has “no comment” on the lawsuit and said he wanted to read the suit before making a statement.

Johnston, who lives near and owns rental property in the proximity of the waste-to-energy plant, said he had no alternative other than to file suit.

“The city’s not protecting me, the company doesn’t care, the only recourse I have is hopefully a judge will care,” Johnston said.

“I’m not an anti-MERC-er,” said Johnston, who added he was a realist and knew that waste has to go somewhere. “I’m willing to let them stay but I don’t want to smell them.”

As mayor, however, Johnston was a strong opponent of Maine Energy, which he said was a nuisance to Saco’s downtown.“We have tried to work with them,” said Johnston. He said that Saco pressured Biddeford into allowing Maine Energy to increase the height of the three scrubber stacks on top of the incinerator that are in place to decrease odors.

But the smell has gotten worse, not better, said Johnston.

Because of complaints against the facility under Johnston’s administration last year, and after years of trying to negotiate new a contract between Saco and Maine Energy, the city signed a waste removal contract with the company Ecomaine instead.

Johnston blames the smell on the amount of waste that comes into the incinerator, saying that the annual amount of garbage brought to the plant has increased from about 80,000 tons when Maine Energy opened more than 20 years ago to roughly 300,000 tons today.

The Maine Department of Environmental Protection has failed to limit the amount of trash the incinerator accepts, said Johnston.

“They’re the biggest villain in this,” he said.

Johnston said this is the first year his tenants have complained about the odor. One of his tenants, Bill Thomas, who has owned The Rosebud tattoo studio on Elm Street for 16 years, said he agreed that the odor emanating from Maine Energy is a problem.

“Absolutely, it seems like it’s worse these days than it used to be,” he said.

Thomas said that he has seen an increase of truck traffic going to the waste disposal plant.

“It seems like it’s unending,” said Thomas. “When you put a trash burning facility in the middle of downtown, you get what you paid for.”

The plant is impacting the lives of downtown residents and business owners, said Thomas, and said he is concerned over new businesses on Saco Island, including the recently opened brew pub.

Attorney and Saco City Councilor Eric Cote, who is representing Johnston, said this type of lawsuit is not unheard of. Cote said there have been plenty of cases across the country of people suing for nuisances including as noise, odor or dust.

The suit will go through a mandatory mediation session.

Most cases settle during the mediation period, said Cote, adding that it is too early to predict how it will fare in the mediation process.

“Mark is not asking for money, he just wants to get rid of the smell,” said Cote.

If a judge rules in his favor, Johnson said he’s unsure if or how the problem will be solved.

“That will be Maine Energy’s problem,” he said.

— Contact Staff Writer Dina Mendros at 282-1535, Ext. 324, or via e-mail at dmendros@gwi.net. Contact Staff Writer Liz Gotthelf at 282-1535, Ext. 325, or via e-mail at egotthelf@gwi.net.