An Act To Ensure the Long-term Capacity of Municipal Landfills
Maine Legislature, Session 122, LD 1795
Committee: Natural Resources
Sponsors: COWGER, KOFFMAN, SNOWE-MELLO, DUCHESNE
Amends: 38 MRSA §1305, 38 MRSA §1305-C, 38 MRSA §1306

Legislative Docnment 
No. 1795 
S.P.712 
In Senate, December 30, 2005 
An Act To Ensure the Long-term Capacity of Municipal Landfills 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 28,2005. Referred to the Committee 
on Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
218. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Senator: SNOWE-MELLO of Androscoggin, Representative: DUCHESNE of Hudson. 
Printed on recycled paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, municipal 
landfills in the State are currently 
considering accepting out-of-state waste; and 
Whereas, it is imperative that the prohibitions contained in 
this Act take effect as soon as possible; 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: 
Sec. 1. 38 MRSA §1305, sub-§10 is enacted to read: 
10. 
Contract with private entity. 
into a contract with a private entity 
solid waste facility as long as: 
A municipality may enter 
to operate a municipal 
A. 
The municipality controls the decisions regarding the 
type and source of waste that is accepted, handled, treated 
and disposed of at the facility: and 
B. 
The municipality accepts only waste that is generated 
within the State. 
Sec. 2. 38 MRSA §1305-C is enacted to read: 
S130S-C. 
Sale or transfer of municipal solid waste facility 
Notwithstanding 
any 
provision 
of 
this 
chapter 
to 
the 
contrary, upon the sale or transfer of a municipal solid waste 
facility 
to 
a 
private 
entity, 
the 
license 
issued 
by 
the 
department for that solid waste facility is terminated. 
Sec.3. 38 MRSA §1306, sub-§6 is enacted to read: 
6. 
Out of state waste. 
A person m~ not dispose of waste 
in a solid waste facility owned by a municipality in this State 
if the waste originated outside the territorial limits of the 
State. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
Page l-LR2635(1) 
SUMMARY 
This bill authorizes a municipality to enter into a contract 
with a private entity to operate a municipal solid waste facility 
as long as the municipality controls the decisions regarding the 
type and source of waste that is accepted and the municipality 
accepts only waste that is generated within the State. 
The bill 
specifies that, upon the sale or transfer of a municipal solid 
waste facility to a private entity, the license issued by the 
department for that solid waste facility is terminated. 
This 
bill also bans the disposal in a solid waste facility owned by a 
municipality of waste that originated outside the State.