Eagle Point Energy Center says Lincoln may breach long-term disposal agreement; council notified of notice of breach

Ev Coleman, asset manager for Eagle Point Energy Center, told the Lincoln Town Council during open forum that Eagle Point acquired the former Perk facility in 2024 and assumed disposal agreements that cover multiple communities, including Lincoln through 2033.

"We assumed disposal agreements for multiple communities, including the town of Lincoln through 2033," Coleman said, and he added that the town’s proposed agreement with Municipal Waste Solutions appeared to conflict with those obligations. Coleman said the town currently pays his firm $89 per ton, not the $95 per ton the town was said to be paying, and that a premature contract change could trigger a contractual obligation to pay three years of average tipping fees — a penalty he said could exceed $1 million.

A council speaker later said Town Manager Schaefer passed to the council a notice of breach dated June 26 from Mr. Palm and warned the public that litigation costs associated with changing disposal arrangements could be significant. Coleman urged the council to consider the firm’s prior concessions — including waived annual increases and local purchases — when weighing contract alternatives.

The council did not vote on the municipal waste contract at this meeting. Members said they would review the notice and consider legal and budgetary implications; the meeting record shows councilors moved into executive session later to consult the town attorney about charter rights and duties.