An Act To Amend the Solid Waste Landfill Laws
Maine Legislature, Session 122, LD 0597
Committee Amendment CA_A_H567 (House)

COMMITTEE AMENDMENT "A" to H.P. 430, L.D. 597, Bill, 
Act To Amend the Solid Waste Landfill Laws" 
"An 
Amend 
the bill 
in section 
by 
striking out all 
of 
subsection 2 (page 1, lines 6 to 22 in L.D.) and inserting in its 
place the following: 
. 2. 
Public 
hearing. 
The 
department 
may 
hold 
an 
adjudicatory public hearing within the municipality in which the 
facility may 
be located or in a 
convenient location in the 
vicinity of the proposed facility. 
The department shall hold an 
adjudicatory public hearing on an application for 
a 
new or 
expanded commercial or state-owned solid waste disposal facility 
that accepts special waste upon request from a resident or a 
property owner in the municipality in which the proposed facility 
is located. 
Upon a timely re'lluest for an adjudicatory hearing 
from 
or more 
residents in the municipality in which 
the 
facility is located or abutting property owners of the facility, 
the commissioner shall hold an adjudicatory public hearing on an 
application 
for 
a 
vertical 
increase 
in 
the 
approved 
final 
elevation that would increase the waste disposal capacity of a 
commercial or state-owned solid waste disposal facility that 
accepts special waste or the commissioner shall request that the 
board 
assume 
jurisdiction 
in 
accordance 
with 
section 
344, 
subsection 2-A. 
At a hearing on an application for a vertical 
increase in the approved final elevation that would increase the 
waste disposal capacity, 
the testimony is limited to issues 
related 
to 
relevant 
standards 
of 
review 
under 
chapter 
13, 
subchapter I-A. 
The hearing must be conducted in accordance with 
Title 5, chapter 375, subchapter 
IV~. 
Administrative expenses 
of 
a hearing held pursuant to this subsection and all costs 
incurred by the department in processing an application must be 
COMMITTEE AMENDMENT 
.,fO· 
~ 
COMMITTEE AMENDMENT "A" to H.P. 430, L.D. 597 
paid for by the 
a~~HeaR~ person applying for the license as 
provided in department rules.' 
Further amend the bill in section 2 in subsection 5 in the 
first paragraph 
~n the 9th line from the end (page 2, line 4 in 
L.D. ) by striking out the following: 
tt..9.." 
and inserting in its 
place the following: '.a ' 
Further amend the bill in section 2 in subsection 5 in the 
first paragraph in the 8th line from the end (page 2, line 5 in 
L.D.) by striking out the following: "and 2" and inserting in its 
place the fOllowing: 'and one' 
Further amend the bill in section 2 in subsection 5 in the 
first paragraph in the 5th line from the end (page 2, line 8 in 
L.D.) by striking out the following: "2 members" and inserting in 
its place the following: 'one member' 
SUMMARY 
This 
amendment 
requires 
the 
Department 
of 
Environmental 
Protection 
to 
hold 
a 
hearing 
on 
or 
request 
the 
Board 
of 
Environmental Protection to assume jurisdiction of applications 
for a vertical increase in the approved final elevation of a 
commercial 
or 
state-owned solid waste disposal facility that 
accepts special waste upon request from 5 or more residents or 
abutting 
property 
owners 
in 
the 
municipality 
in 
which 
the 
proposed facility is located. 
It provides that testimony at such 
a hearing is limited to issues related to relevant standards of 
review under the solid waste laws. 
It clarifies that expenses 
and costs incurred by the department in connection with the 
hearing must be paid for by the person applying for the license. 
It also provides that the Penobscot Nation shall appoint one 
member of the joint citizen advisory committee for the West Old 
Town Landfill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/19/05 ,frac:.. 
LD597 
LR 1385(02) 
An Act To Amend the Solid Waste Landfill Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR1385(2) - Fiscal Note - Page 1 of 1