Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 323 of the acts of 1970 is hereby amended by striking out section 1 and inserting in place thereof the following section:-
Section 1. The city of Fitchburg is hereby authorized to purchase and develop land located in the town of Westminster, for any solid waste management purpose which is approved by the department of environmental protection, including landfilling, recycling and composting, said land being bound and described as follows:- Northwesterly and westerly by land now or late of one Benjamin Wyman; southerly by land now or formerly of Thomas Harris; southeasterly by land now or formerly of one Hale and land now or late of one Cutler; easterly by land now or late of one Palmer; and northeasterly by land now or late of Daniel Mills and Edwin Upton, to the place of beginning. Said city is hereby further authorized to acquire, by option or otherwise, own or lease and develop certain additional land, consisting of approximately forty acres, which is located adjacent to, and south and east of the landfill and which is contiguous to the land described above.
SECTION 2. Said chapter 323 is hereby further amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Notwithstanding the provisions of any general or special law to the contrary, the city of Fitchburg and the town of Westminster may enter into a contract or contracts with any party to provide for the long-term management of solid waste, including landfilling, the recycling of materials suitable for reuse, and the composting of yard waste, leaves and other materials, at facilities constructed, financed, operated and owned by a private party. Said facilities or a portion thereof may be located on land owned by the private party. Said contract or contracts may be for a period of years, not to exceed twenty-five years, and shall be binding and enforceable in accordance with its terms notwithstanding any limitation or contrary provision contained in, or any failure to comply with the requirements of, any general or special law relating thereto. The obligations represented by payments by said city under said contract or contracts shall not be included in any determination of the borrowing capacity of said city under any limitation of its indebtedness. The contract or contracts authorized hereunder may be entered into by the mayor of said city and by the board of selectmen of said town with the advice of the town board of health, whose approval shall be endorsed thereon. The inhabitants of said town shall have the right, without cost to them, to dispose of their solid waste at any solid waste management facility constructed or developed under and pursuant to the authority of this act, after the same has opened for operations, in accordance with the rules and regulations as to disposing established by the health director of said city and approved by the boards of health of said city and said town. Notwithstanding the foregoing, upon execution by said town of the contracts authorized hereunder, the right of the inhabitants to dispose at such solid waste management facilities shall be subject to the terms of said contracts. The private party operating the solid waste management facilities pursuant to the contract or contracts with said city and said town under and pursuant to section two of this act shall pay to the town of Westminster the amounts required under section twenty-four A of chapter sixteen of the General Laws, as such section may be amended from time to time. The contracts authorized hereunder shall be for any solid waste management facility and the provision of solid waste management services and shall not be subject to, and shall be exempt from, the provisions of section thirty-eight K of chapter seven, section thirty-nine M of chapter thirty, chapter thirty B, section four of chapter forty and section forty-four A to forty-four J, inclusive of chapter one hundred and forty-nine of the General Laws.
SECTION 3. Said chapter 323 is hereby further amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. If the city of Fitchburg ceases to use such land for any solid waste management activity the town of Westminster shall have the right to exercise the option of taking title to such land and, if said town exercises such option, title to all parcels then owned by said city as described in section one of this act shall vest in the inhabitants of the town of Westminster. The town of Westminster shall exercise this option in writing within six months following the date of final certification of closure of the landfill by the department of environmental protection but in any event within five years after the city of Fitchburg shall notify the town of Westminster that the city of Fitchburg has ceased to use such land for such purposes. Upon exercise of this option, title to said parcels shall, without consideration being paid therefor, vest in the inhabitants of the town of Westminster. This option shall terminate if not exercised within the aforesaid period.
SECTION 4. This act shall take effect upon its passage.