A Maine Superior Court judge has denied a challenge from the Penobscot Energy Recovery and upheld state permits issued for construction of a new plant by Fiberight LLC in the city of Hampden.
Company Last year, the Maine Department of Environmental Protection (DEP) issued permits to the state’s Municipal Review Committee and Fiberight to build a new waste management plant in Hampden, which caused Penobscot Energy Recovery Company to submit an appeal that challenged the approved permits.
The Municipal Review Committee ended up voting unanimously to release up to $1.62 million from the tip fee stabilization fund to begin construction on the facility and in October, Fiberight officially broke ground.
The Bangor Daily News has more:
Justice Michaela Murphy, in a 30-page decision issued Wednesday, affirmed the Maine Department of Environmental Protection’s decision to issue permits to Maryland-based Fiberight for air emissions, solid waste processing, stormwater management and compliance with the Natural Resources Protection Act for a $69 million waste processing and recycling facility on the Cold Brook Road.
“We won on every single technical merit,” Fiberight CEO Craig Stuart-Paul said Wednesday afternoon by phone. “We’re delighted. We continue to prove to everyone that we have a good product despite PERC’s bad behavior.”
Penobscot Energy Recovery Co. in Orrington — along with its majority owner, USA Energy of Minnesota, and Exeter Agri-Energy — filed the appeal in August 2016 in Kennebec County Superior Court, a month after the DEP permits were issued, claiming there were “serious deficiencies in the record” that included Fiberight’s failures to demonstrate the technical and financial abilities to build the plant.