September 7, 2017 Email Thread

From: Thomas Doyle [mailto:tdoyle@pierceatwood.com]
Sent: Thursday, September 07, 2017 11:01 PM
To: 'jkatsiaficas@perkinsthompson.com'
Cc: Bill Mayo; david russell; cjkspencer@gmail.com; Laubenstein, William; Michael T. Barden (michael.barden@maine.gov); toni.king@casella.com; msb@smemaine.com; Don Meagher (Don.Meagher@casella.com)
Subject: RE: Unanswered Questions

Jim, item 2 of Applicant BGS’s Disclosure Statement (attached) states that BGS does not hold an equity interest in any company that collects, transports, treats, stores or disposes of hazardous or solid waste.  Similarly, Applicant NEWSME Landfill Operations, LLC’s Disclosure Statement (also attached) states at the bottom “None” for “Entities in Which Person or Entity Executing Disclosure Has 5% or Greater Equity Interest.”  Since NEWSME Landfill Operations, LLC doesn’t hold a 5% or greater equity interest in any entity, it therefore doesn’t hold such an equity interest in any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste.

I trust this answers the question.

Thomas R. Doyle
   
  
PIERCE ATWOOD LLP
   
 PH 207.791.1214  

From: jkatsiaficas@perkinsthompson.com [mailto:jkatsiaficas@perkinsthompson.com]
Sent: Thursday, September 07, 2017 3:40 PM
To: cjkspencer@gmail.com; drussell@old-town.org; bmayo@old-town.org
Cc: Thomas Doyle
Subject: RE: Unanswered Questions

Ed:        

                My answers to each of your questions are in blue below.  Much of the information requested is contained within the Application.  I am copying counsel for NEWSME and am asking counsel to follow up on one matter noted below.

                I recommend to David Russell that thread this be posted on the City’s JRL website.

Thank you, 

                Jim
____________________________
James N. Katsiaficas
Attorney
PERKINS|THOMPSON
ONE CANAL PLAZA, PO BOX 426
PORTLAND, ME 04112-0426
207.774.2635 x8108 Main
207.400.8108 Direct
207.871.8026 Fax
www.perkinsthompson.com
jkatsiaficas@perkinsthompson.com

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From: Cheryl Spencer [mailto:cjkspencer@gmail.com]
Sent: Thursday, September 07, 2017 10:50 AM
To: David Russell; James N. Katsiaficas; Bill Mayo
Subject: Unanswered Questions

Dear David, Jim, and Bill,
I am trying to wrap up some details prior to the Planning Board's Public Hearing Sept. 12th. There are still some questions I posed that were left unanswered in Jim's Memorandum of Aug. 22 or otherwise.

1.      In that Memo, responded to my question concerning Tom Doyle speaking on behalf of the state, and in Jim's response (5) it says "...and the State has authorized NEWSME's attorney to speak on behalf of both applicants." My followup question is, when did that authorization take place and where can we find a document to that effect?  I based my answer upon Tom Doyle’s statement to the Planning Board on August 8, 2017, in the presence of Mike Barden for BGS and Assistant Attorney General Bill Laubenstein, that he was representing Applicants NEWSME and BGS and was authorized to speak on behalf of BGS. I recall the statement, and playback of the meeting video will demonstrate this was said.   Appendix C-3 of the Application is the Agent Authorization letter of BGS authorizing Casella, NEWSME and their consultants to speak for BGS.

2.      I asked for documents required by Old Town's Chapter 24-8.O.2, which is a list of "The full name and business address of any company...in which the Applicant holds an equity interest of 5% or more." Are these listed in the Application, or where can this information be found? Pages 1 and 9 of the Application identifies NEWSME and BGS as the Applicants, by I do not see any discussion of the requested information.  By copy of this response, I invite the Applicants to state “The full name and business address of any company which collects, transports, treats, stores, or disposes of solid waste or hazardous waste in which the Applicant holds an equity interest of 5% or more” as requested by Chapter 24 Sec. 24-8 O.2.

3.      The next part of our regulations, Chapter 24-8.0.3 asks for "A listing and explanation of administrative consent agreements...in the five years immediately preceding the filing of the Application." Where can we find this information? Please see Appendix I to the Application.(copy attached).


4.  In my letter of Aug. 11th, I asked to see three documents that Casella/BGS presented at the Planning Board meeting of August 8th. These are
  A. A BGS violations record.            Please BGS’ letter of August 2, 2017 which was submitted at the August 8, 2017 Workshop (copy attached).
  B. Waiver request for insurance requirement. Please see pages 65-67 of the Application.
  C. Waiver request for Landfill gas and Odor testing. Please see pages 65-67 of the Application.

Having observed this process closely through the last 14 years, it would seem to me that B and C should be submitted to Maine DEP, and perhaps they have been. I look forward to your response.
Regards,
Ed Spencer

 
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