An Act To Ensure Proper Disposal of Debris and Protection of the Environment
Maine Legislature, Session 122, LD 0141
Committee Amendment CA_C_S573 (Senate)
Amends: 38 MRSA §1306

COMMITTEE AMENDMENT ,<!.,." to S.P. 47, L.D. 141, Bill, "An Act 
To 
Ensure 
Proper 
Disposal 
of Debris 
and Protection of 
the 
Environment" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Emergency preamble. Whereas, acts of the Legislature do not 
become effective until' 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 
current 
rules 
regarding beneficial 
use 
of 
secondary materials do not adequately provide for the regulation 
of the use of construction and demolition debris; and 
Whereas, 
rules 
are 
needed 
to 
provide 
facilities 
and 
potential facilities that are seeking to make investments in the 
State 
with 
the 
necessary 
regulatory 
framework 
under 
which 
facilities will be required to operate; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Page I-LROI09(5) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "W' to S.P. 47, L.D. 141 
Sec. I. 38 MRSA §1306, sub-§6 is enacted to read: 
6. 
Construction and demolit~ebris. The substitution of 
wood from construction and demolition debris for conventional 
fuels used in a boiler may not exceed 50~ of total fuel by weight 
combusted on an average annual basis. 
Sec. 2. Rule adoption. 
Notwithstanding the 
Maine 
Revised 
Statutes, Title 5, 
chapter 375 and Title 38, 
section 341-D, 
subsection 1-B, within 30 days after the effective date of this 
Act, the Board of Environmental Protection shall adopt the rule 
amendments 
to Chapter 
418: 
Beneficial 
Use 
of Solid Wastes, 
Chapter 402: Transfer Stations and Storage Sites for Solid Waste, 
Chapter 405: Water Quality Monitoring, Leachate Monitoring, and 
Waste Characterization and Chapter 409: 
Processing Facilities 
that were proposed to the Board of Environmental Protection by 
the Department of Environmental Protection and that, following 
notice and comment as required by Title 5, chapter 375, were the 
subject of a public hearing before the board on November 17, 
2005, except that the rules must reflect the changes made by the 
department that were contained in the draft rules submitted to 
the board on March 16, 2006 and may not allow the substitution of 
wood from construction and demolition debris for conventional 
fuels used in a boiler to exceed 
50~ of total fuel by weight 
combusted on an average annual basis pursuant to Title 38, 
section 1306: subsection 6. 
Amendments to chapters 418, 402, 405 
and 409 that are adopted by the board after 30 days after the 
effective date of this Act are routine technical rules as defined 
by Title 5, chapter 375, subchapter 2-A. 
Sec. 
3. 
Source 
separation 
report. 
The 
Department 
of 
Environmental 
Protection 
shall 
evaluate 
the 
feasibility 
of 
requiring source separation and state-of-the-art processing that 
will achieve, to the greatest extent practicable, the removal of 
all toxic materials from construction and demolition debris prior 
to combustion in a boiler. 
The evaluation must include, but is 
not limited to, 
a 
review of the 
"positive pick" method of 
sorting, and requiring material separation at the location at 
which 
buildings 
are 
demolished. 
By 
February 
1, 
2007, 
the 
department 
shall 
submit 
a 
report 
in 
connection 
with 
the 
evaluation to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters. 
The report 
must include the department' s findings and recommendations and 
any proposed legislation. 
Sec. 4. Best available control technology report. 
The Department 
of 
Environmental 
Protection shall evaluate the 
economic 
and 
technological feasibility of 
requ~r~ng all boilers that burn 
construction and demolition debris to use the best available 
control 
technology 
in 
order 
to 
minimize 
toxic 
air 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "t;., to S.P. 47, L.D. 141 
emissions. 
By February 1, 2007, the department shall submit a 
report in connection with the evaluation to the joint standing 
committee of the Legislature having jurisdiction over natural 
resources matters. 
The report must include the department's 
findings and recommendations and any proposed legislation. 
Sec. 5. Report regarding amount of construction and demolition 
debris wood fuel substitution. 
The 
Department 
of 
Environmental 
Protection 
shall 
evaluate 
the 
effects 
of 
allowing 
the 
substitution of wood from construction and demolition debris for 
conventional fuels used in a boiler to exceed 50'1& of total fuel 
by weight combusted on an annual average basis if the following 
conditions are met: 
1. 
The boiler is designed and constructed for the primary 
purpose of power generation and not waste disposal; 
2. 
The boiler employs the best available control technology 
as determined by the department; and 
3. 
All other applicable regulatory standards are met with 
regard to the facility. 
By 
February 
1, 
2007, 
the 
Department 
of 
Environmental 
Protection 
shall 
submit 
a 
report 
in 
connection 
with 
the 
evaluation to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters. 
The report 
must include the department's findings and recommendations and 
any proposed legislation. 
Sec. 6. Authority to report legislation. 
The 
joint standing 
committee of the Legislature having jurisdiction over natural 
resources matters may report out legislation to the First Regular 
Session 
of 
the 
123rd 
Legislature 
relating 
to 
the 
reports 
submitted by the Department of Environmental Protection pursuant 
to sections 3, 4 and 5. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This 
amendment is the majority report and replaces 
the 
bill. 
The amendment adds an emergency preamble and clause. 
The 
amendment 
limits 
the 
amount 
of 
wood 
from 
construction 
and 
demolition debris that may be substituted for conventional fuel 
in 
a 
boiler. 
The 
amendment 
also 
requires 
the 
Board 
of 
Environmental 
Protection 
to 
adopt 
specific 
rules 
regarding 
beneficial use of solid waste, transfer stations and storage 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. ~ to S.P. 47, L.D. 141 
sites 
for 
solid 
waste, 
water 
quality 
monitoring, 
leachate 
monitoring, 
waste 
characterization and processing facilities. 
The amendment requires the Department of Environmental Protection 
to evaluate the feasibility of requiring best available control 
technology, source separation and state-of-the-art processing of 
construction 
and 
demolition 
debris. 
It 
also 
requires 
the 
department to evaluate the effects of allowing more than 50% of 
construction and demolition debris wood fuel to be combusted on 
an average annual basis. 
The amendment requires the department 
to submit reports and authorizes the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters to report out legislation relating to the reports. 
FISCAL .\u1£ i{dll u<..t.D 
(S~e a_t_~ched) 
COMMITTEE AMENDMENT 
Approved: 04/03/06 ~ac:.. 
LD141 
LR 0109(05) 
An Act To Ensure Proper Disposal of Debris and Protection of the Environment 
Fiscal Note for Bill as Amended by Committee Amendment ,~ 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0109(5) - Fiscal Note - Page 1 of 1