City sues to stop release of chemicals Biddeford seeks fines, injunction against Maine Energy Recovery Co.

BIDDEFORD – The city has gone to court against Maine Energy Recovery Co., seeking to curb the release of harmful chemicals.

The lawsuit filed Tuesday in District Court is intended to step up the code enforcement process and will have no immediate impact on operations at the downtown trash-to-energy plant, City Solicitor Harry Center said.

A preliminary hearing has been set for Dec. 3 on the complaint, which seeks civil fines and an injunction to bar release of elements that damage human health.

The suit follows allegations by the city that Maine Energy is releasing chemicals at three times the rate allowed by the state.

Under its state license, Maine Energy is permitted to release volatile organic compounds, or VOCs, at the rate of 65 tons per year. Tests conducted by TRC Corp., a Massachusetts-based firm hired by Maine Energy, show the incinerator releasing 150 to 200 tons of the compounds annually, according to city officials.

Maine Energy was required to release the test information to the city as a condition for using new chemicals in its odor-control system.

The company has questioned the city’s interpretation of the numbers, an issue that is likely to make up part of Maine Energy’s defense.

Ken Robbins, Maine Energy’s general manager, said air from the three metal stacks atop the incinerator was tested more than 20 times this summer, but the city is basing its conclusions on results from only four tests.

“The city is taking a small sample of results and projecting the numbers out for a full year,” Robbins said. He said he wanted to read the complaint before commenting on its specifics.

Mayor Donna Dion said the city had to act because Maine Energy is in violation of the city’s ordinance and officials intend to hold unhealthy emissions to levels set by the state.

“It’s a land use violation,” she said. “They are in noncompliance. We just don’t turn the other cheek.”

Jeffrey Myers, Biddeford’s environmental lawyer, said VOCs are linked to a lot of health issues, including asthma.