Former Saco Mayor Mark Johnston announced this morning that he has filed a civil lawsuit in York County Superior Court against the Maine Energy Recovery Co. because of ongoing problems with the smell coming from the facility.

Johnston filed it under the state's nuisance law. He said he lives and owns a business near the trash incinerator site.

"I have tried to negotiate this to no avail," said Johnston, referring to efforts over the years by city officials. Johnston was mayor for 14 years. "For 21 years we have commissioned many lawyers and many consultants. As a citizen, I've decided it's time to do something."

Phone calls to Vermont-based Casella Waste Systems, the parent company of MERC, were not immdiately returned. A call to Johnston's attorney was not returned.

The odor problem from MERC, located in Biddeford just across the Saco River, is a well-known, long-fought battle in both towns.

"The city has spent milliions on their downtown and it is time for (MERC) to either close up shop or rectify the problem," Johnston said. "We might as well be handing out clothespins."

The lawsuit asks an injunction against the company, that it not emit odors beyond its property.

"This lawsuit is very low-tech," Johnston said. "When you think about it, the only evidence I need to bring in (to court) will be people with noses."

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