Pittsfield trash to PERC soon may be history

PITTSFIELD — The doors to the Penobscot Energy Recovery Co. will likely close this week to waste hauled from the town of Pittsfield, according to Town Manager Dwight Dogherty.

He expects a letter will be drafted from PERC to Tom Sawyer Inc., the company that holds a contract with Pittsfield for waste disposal, declaring the termination of tipping rights at the Orrington facility. In turn, Sawyer is expected to notify Pittsfield.

There is no reason for panic, Dogherty said. A contingency plan has been in place for some time. But the phone has been “ringing off the hook” at the Town Office since the Pittsfield Town Council decided to discuss the new PERC contract a final time, and ultimately table it again Tuesday night.

Dogherty expected to meet with representatives of neighboring Detroit on Wednesday to discuss arrangements for Pittsfield to accept that town’s trash.

Other towns also have been in contact with Dogherty for arrangements to combine their trash with Pittsfield’s in its plans to haul waste to Bethlehem, N.H., to the landfill owned by Consumat/Sanco, Inc.

Initially, the trucking costs will be higher while the town contracts with a trucking firm to haul the town’s three trash compactor containers to the New Hampshire site. In about 60 days, Pittsfield expects to have its own truck and driver, or drivers, to make the 308-mile round trip to Consumat.

A one-year contract with Consumat is under review by the town’s attorneys and will likely be ready for council review at the May 7 meeting.

But that is not the only legal issue the attorneys will address over the coming weeks in regards to Pittsfield trash.

When Pittsfield trash is eventually turned away at the Orrington PERC plant, the attorneys have instructed that it be thoroughly documented, not once, but twice, with two attempts to deliver waste.

The documentation will provide the legal basis for a default on the contract that Pittsfield has with Sawyer Inc., and that Sawyer has with PERC.

Sawyer will have to be paid for the additional trucking for the two attempts, Dogherty said, but the town will seek a refund in litigation in conjunction with the breach of contract charges.

The process will not be a quick one, Dogherty said. Each contract carries provisions for mediation to resolve the problem.

In Pittsfield’s contract, Sawyer has 90 days to resolve the problem, while PERC has 120 days in its contract with Sawyer.

“I don’t expect the mediation will get anywhere,” Dogherty said. “But there technically is no default on the contract until the 90-day period is up.”

Other towns battling PERC over the increased fees and contract changes are expected to seek an injunction and temporary restraining order to enable them to continue hauling to PERC.

“The fact that we are so close to CWS (Consolidated Waste Services in Norridgewock) and have an agreement with Consumat will preclude us from taking that action,” Dogherty said. “In cases against MERC, towns with an alternative available were not able to get a restraining order.”

Some towns expected to pursue legal action for a breach of contract against Sawyer and PERC already have been in contact with Dogherty to join forces in litigation.