Comments

Everyone should send letters to state representatives and senators to ensure their voices are heard beyond this meeting.

The Amount of money the state will lose is staggering.

GOOD EVENING. MY NAME IS SUSAN LESSARD AND I AM THE TOWN MANAGER FOR THE TOWN OF BUCKSPORT. I AM HERE THIS EVENING WITH ALL SEVEN ELECTED TOWN COUNCILORS, TWO INCOMING COUNCILORS AS WELL AS OUR ATTORNEY IN THIS MATTER, DAVID LITTELL. I NOTE THAT ELECTED REPRESENTATIVES FROM THE OTHER FOUR COMMUNITIES IMPACTED BY THIS PETITION ARE ALSO IN ATTENDANCE. DUE TO THE SERIOUSNESS OF THIS ISSUE FOR THIS REGION, THE TOWN HAS ALSO TAKEN THE STEP OF RECORDING AND LIVE STREAMING IT SO THAT THOSE WHO ARE UNABLE TO BE HERE THIS EVENING CAN VIEW IT. IN 2015 AMERICAN IRON AND METAL (AIM) ACQUIRED THE FORMER VERSO MILL AND ALL OF ITS ASSETS IN THE REGION, INCLUDING THE THREE DAMS IN QUESTION HERE. OVER THE PAST TEN YEARS, THE TWO LLC’S FORMED BY AIM HAVE PROFITED FROM THE DECONSTRUCTION OF THE MILL ITSELF, THE SALE OF THE POWER PLANT AND THE SALE OF THE REMAINDER OF THE MILL SITE TO WHOLE OCEANS AND MAINE MARITIME ACADEMY, ALONG WITH A ONCE-PROFITABLE WATER AGREEMENT WITH WHOLE OCEANS. THAT SALE IN 2015 INCLUDED ELEMENTS THAT ARE NOT EASILY SALEABLE OR PROFITABLE. THE DAMS IN QUESTION ARE HIGH RISK FOR THE TOWNS AND OUR CITIZENS. WE SEEK CONSULTATION WITH THE PETITIONER ON QUESTION OF WHAT PROPERTY WOULD BE ABANDONED, HOW IT WOULD BE ABANDONED, AND LIABILITIES ASSOCIATED WITH THOSE PROPERTIES. THIS IS NECESSARY INFORMATION TO THE MUNICIPALITIES TO CARRY OUT THE SOVEREIGN TOWN ROLE TO PROTECT OUR CITIZENS. WE HAVE ASKED FOR CONSULTATION, A DISCUSSION AND EXCHANGE OF INFORMATION WITH AIM. A 3 MINUTE SLOT TO SPEAK AND ASK QUESTIONS IS NOT SUFFICIENT CONSULTATION WITH THE TOWN OF BUCKSPORT WHICH MUST MAKE A QUICK DECISION UNDER TITLE 38. . SINCE JULY OF 2024 WHEN THE FIRST PETITION WAS FILED, OUR TOWN HAS SOUGHT INFORMATION FROM THE PETIONER(S). RATHER THAN RECEIVE INFORMATION, WE HAVE EXPERIENCE A PROCESS CHARACTERIZED BY CHAOS AND CONFUSION. THERE HAS BEEN FAILURE TO NOTIFY ALL AFFECTED PARTIES, INACCURATE INFORMATION IN THE FIRST PETITION, PRESUMED INACCURATE OWNERSHIP INFORMATION SINCE IT CHANGED FROM ONE PETITION TO THE NEXT, INACCURATE MEETING LOCATION INFORMATION REQUIRING MULTIPLE NOTICES – AND MOST CONCERNING – A FAILURE TO PROVIDE ANY MEANINGFUL INFORMATION THAT WOULD ALLOW ANY ONE OF THE COMMUNITIES THAT ABUT THESE IMPOUNDMENTS TO MAKE AN DECISION ABOUT POTENTIAL OWNERSHIP. TITLE 38 REQUIRE THAT A DAM OWNER ACT IN GOOD FAITH IN SEEKING A POTENTIAL NEW OWNER. AT A MINIMUM GOOD FAITH WOULD NEED TO INCLUDE ACCURATE AND TIMELY RESPONSES TO REQUESTS FOR INFORMATION. THUS FAR, THERE HAVE BEEN NONE. THIS PETITION POSES A THREAT TO THE WELFARE, PUBLIC HEALTH AND SAFETY OF THE TOWN OF BUCKSPORT AND FOUR OTHER TOWNS AND TO ITS ECONOMIC HEALTH. SILVER LAKE IS THE PUBLIC WATER SUPPLY OWNED BY MAINE WATER, PROVIDING NOT ONLY DRINKING WATER BUT FIRE PROTECTION AND OPERATION OF THE LOCAL SEWER TREATMENT FACILITY. IT ALSO PROVIDES COOLING WATER FOR BUCKSPORT GENERATION WHICH IS A MAJOR LOCAL TAXPAYER AND ELIMINATION OF THAT WATER SOURCE COULD RESULT IN THE SHUTDOWN OF THAT FACILITY DUE TO REQUIRING CATASTROPHICALLY HIGH CAPITAL INVESTMENT. THAT COMPANY ALONE REPRESENTS 7% OF OUR LOCAL VALUATION. THE DAM IS A HIGH RISK DAM AND ITS FAILURE WOULD HAVE SWIFT AND DEADLY CONSEQUENCES FOR A LARGE PORTION OF THE COMMUNITY. WHILE THE TOWN HAS ALREADY SUBMITTED QUESTIONS IN WRITING TO BUCKSPORT MILL, LLC AND AIM IN REGARD TO THIS PETITION, I HAVE A FEW MORE THAT WERE NOT INCLUDED IN THE ORIGINAL LETTER FROM OUR LEGAL COUNSEL. 1. OUTSIDE OF THE TITLE 38 PROCESS, THE TOWN OF BUCKSPORT HAS AN ORDINANCE WHICH REQUIRES A DAM OWNER TO GO THROUGH A LOCAL REVIEW PROCESS PRIOR TO THE SALE OR ABANDNONMENT OF A DAM FOR REASONS OF PUBLIC SAFETY AND ECONOMIC IMPACT. THUS FAR WE HAVE NOT RECEIVED AN APPLICATION. IS IT BUCKSPORT MILL, LLC’S INTENT TO COMPLY WITH THIS ORDINANCE? 2. HAS BUCKSPORT MILL, LLC (OR ITS PREDESSORS) HAD ANY REVIEW DONE ON THE DEEDED RIGHTS OF PROPERTY OWNERS FOR LAKE LEVEL MAINTENANCE AND THE SEPARATE EASEMENTS AND INDENTURE GUARANTEE TO BOTH MAINE WATER COMPANY FOR PROVISION OF DRINKING WATER, AND BUCKSPORT GENERATION FOR WATER NEEDS RELATED TO THE POWER PLANT? IF AIM OR BUCKSPORT MILL, LLC HAS ITSELF OR IN ITS FILE A TITLE REVIEW OR ANY INFORMATION ON SUCH REAL ESTATE OBLIGATIONS – CAN A COPY BE PROVIDED TO THE TOWNS? IF WE ARE TO TAKE ON THE SILVER LAKE DAM, WE NEED TO KNOW WHAT THE OBLIGATIONS ARE AND WHAT THEY ARE NOT TO CONSIDER WHETHER TO SEEK TO TAKE OVER WHAT THE PETITIONER SEEKS TO ABANDON. THE TOWN LOOKS FORWARD TO RESPONSES TO THE QUESTIONS AS PART OF THE PROCESS UNDER TITLE 38, THE TOWN ASKS THE PETITIONER TO UNDERTAKE CONSULTATION WITH THE TOWN AS WELL AS PROVIDE THE REQUESTED INFORMATION SO THE TOWN CAN UNDERSTAND WHAT THE ASSET IS THAT IT WOULD CONSIDER TAKING OWNERSHIP OF UNDER TITLE 38. IDEALLY, THAT CONSULTATION WOULD HAVE ALREADY BEEN UNDERTAKEN BEFORE SUCH A FILING WOULD BE MADE WITH THE DEP.

Attendees should contact DEP’s project manager, Laura Abayd, with written concerns.

Petitioners should emphasize their role as “parties in interest” when communicating with the DEP.

Silver Lake’s impoundment is critical for fire safety and drinking water quality.