Maine Legislature, Session 122, LD 1795
Committee Amendment CA_A_S539 (Senate)
Amends: 38 MRSA §1303-C, 28 MRSA §1310-Q

COMMITTEE AMENDMENT "A" to S.P. 712, L.D. 1795, Bill, "An 
Act To Ensure the Long-term Capacity of Municipal Landfills" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
, Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1303-C, sub-§I-B is enacted to read: 
l-B. 
BWass. 
"By}?ass" 
means 
any 
solid waste 
that 
is 
destined for dis}?osal. }?rocessing or beneficial use at a solid 
waste facility but that cannot be dis}?osed of, 
}?rocessed or 
beneficially used at that facility because of the facility's 
malfunction, insufficient ca}?acity, inability to process or burn, 
downtime or any other com}?arable 
reason. 
This subsection is 
re}?ealed January 1, 2007. 
Sec. 2. 38 MRS A §1303-C, sub-§6, as repealed and replaced by 
PL 1999, c. 525, §1, is amended to read: 
6. 
Conanercial solid waste 
solid waste disposal 
facility" 
facility except as follows: 
disposal facility. 
"Commercial 
means 
a 
solid waste disposal 
A. 
A Beginning January 1, 
2007, 
a 
solid waste facility 
owned by a public waste disposal corporation under section 
1304-B, subsection 5 as long as the public waste disposal 
corporation controls the decisions regarding the type and 
source 
of waste that is accepted, 
handled, 
treated and 
disposed of at the facility; 
Page l-LR2635(2) 
COMMITTEE AMENDMENT 
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,. 
COMMITTEE AMENDMENT 'A" to S.P. 712, L.D. 1795 
A-I. 
Until January 1, 2007, a solid waste facility that is 
owned by a public waste disposal corporation under section 
1304-B, subsection 5 as long as the public waste disposal 
corporation controls the decisions regarding the type and 
source of waste that is accepted, 
handled, 
treated and 
disposed of at the facility and, if the facility is a solid 
waste landfilL that accepts only waste that is generated 
within the State. 
This paragraph is repealed January L 
2007; 
B. 
A Beginning January 1, 2007 a solid waste facility owned 
by 
a 
municipality 
under 
section 
1305 
as 
long 
as 
the 
municipality controls the decisions regarding the type and 
source of waste that is accepted, 
handled, 
treated and 
disposed of at the facility; 
B-1. 
Until January 1, 2007, a solid waste facility that is 
owned by a municipality under section 1305 as long as the 
municipality controls the decisions regarding the type and 
source of waste that is accepted, 
handled, 
treated and 
disposed of at the facility and, if the facility is a solid 
waste landfilL that accepts only waste that is generated 
wi thin the State. 
This paragraph is repealed January 1, 
2007; 
C. 
A Beginning January L 
2007, 
owned by a refuse disposal district 
as 
the 
refuse disposal district 
regarding the type and source of 
handled, treated and disposed of at 
a solid waste facility 
under chapter 17 as long 
controls 
the 
decisions 
waste that is accepted, 
the facility; 
C-1. 
Until January 1, 2007, a solid waste facility that is 
owned by a refuse disposal district under chapter 17 as long 
as 
the 
refuse disposal district controls 
the 
decisions 
regarding the type and source of waste that is accepted, 
handled, treated and disposed of at the facility and, if the 
facility is a solid waste landfill, that accepts only waste 
that is generated within the State. 
This paragraph is 
repealed January 1, 2007; 
D. 
A Beginning January L 
2007, 
a solid waste facility 
owned and controlled by the office under chapter 24; 
D-l. 
Until January 1, 2007, a solid waste facility that is 
owned and controlled by the office under chapter 24 and, if 
the facility is a solid waste landfill, that accepts only 
waste that is generated within the State. 
This paragraph is 
repealed January 1, 2007; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 712, L.D. 1795 
E. 
A solid waste facility owned and controlled by a single 
entity that generates at least 
85% 
of the solid waste 
disposed of at the facility, except that the facility may 
accept from other sources, on a nonprofit basis, an amount 
of solid waste that is no more than l5q.o of all solid waste 
accepted on an annual basis. For purposes of this paragraph, 
"single 
entity" 
means 
an 
individual, 
partnership, 
corporation or limited liability company that is not engaged 
primarily in the business of treating or disposing of solid 
waste or special waste. This paragraph does not apply if an 
individual partner, shareholder, member or other ownership 
interest in the single entity disposes of waste in the solid 
waste facility. 
A waste facility receiving ash resulting 
from 
the 
combustion 
of 
municipal 
solid 
waste 
or 
refuse-derived fuel 
is not 
exempt 
from 
this 
subsection 
solely by operation of this paragraph; or 
F. 
A private corporation that accepts material-separated, 
refuse-derived fuel as a supplemental fuel and does not burn 
waste other than its own. 
Until January L 
2007, for purposes of this subsection, "waste 
that is generated within the State" includes residue and bypass 
generated by incineration, processing and recycling facilities 
within the State. 
Sec. 3. 28 MRSA §1310-Q, as amended by PL 1989, c. 890, Pt. 
A, §40 and Pt. B, §245, is further amended to read: 
§1310-Q. 
Transfer of license 
1. 
Transfer. 
No 
person may transfer 
a 
license issued 
pursuant to this Title without the transfer of the license being 
approved by the department prior to transfer of the ownership of 
the property, facility or structure whish that constitutes or is 
part of the solid waste disposal facility. 
The department, at 
its discretion, may require that the proposed new owner of the 
facility apply for a new license or may approve the transfer of 
the existing license upon a satisfactory showing that the new 
owner can abide its terms and conditions and will be able to 
comply with 
the 
prov~s~ons of 
this Title, 
except that 
the 
department may not approve the transfer of an existing license of 
a municipal solid waste disposal facility to a private entity. 
The department shall consider the extent to which the disposal 
facility was sited and developed and is currently operated to 
meet 
the capacity needs 
of municipalities within 
a 
specific 
geographic region. 
The department shall approve the transfer of 
license when, 
in addition to all other requirements of this 
Title, the applicant has demonstrated that: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A" to S.P. 712, L.D. 1795 
A. 
The facility will continue to be operated to meet the 
municipal disposal capacity needs for which the facility was 
sited and developed and for which it is currently operated; 
B. 
The 
applicant 
has 
alternative provisions to 
needs; or 
made 
substantially 
equivalent, 
satisfy these disposal capacity 
C. 
These disposal capacity needs no longer exist. 
Sec. 4. Legislative findings. 
Maine's municipalities have the 
obligation to 
provide 
for 
the 
disposal 
of 
the 
solid waste 
generated 
by 
their 
citizens 
and 
businesses. 
Public 
waste 
disposal corporations and refuse disposal districts are formed by 
municipalities to provide for the disposal of the solid waste 
generated within the geographical boundaries of the participating 
municipalities. 
Municipal 
and 
public 
regional 
landfills, 
however, 
are 
becoming 
increasingly 
limited 
in 
capacity 
and 
expensive to Maine's people. 
The creation of new municipal and 
public regional landfills is often prohibitively expensive. 
The 
Legislature, in exercising its powers over municipalities, public 
waste disposal corporations 
and refuse disposal districts as 
instrumentalities and creations of the State, seeks to maximize 
the use of these landfills 
for the benefit of the people of the 
State 
and 
to 
prevent their potential diversion 
to 
uses 
by 
others. 
This law will ensure that municipal and public regional 
landfills are used for these public purposes.' 
SUMMARY 
This 
amendment 
is 
the 
majority 
report. 
The 
amendment 
replaces the bill. 
It provides that publicly owned solid waste 
landfills are exempt from the definition of "commercial solid 
waste disposal facility" if until January 1, 2007 the facility 
accepts only waste that is generated within the State. 
It 
provides that "waste that is generated within the State" includes 
residue and bypass waste generated within the State. 
It defines 
"bypass" waste. 
It specifies that the department may not approve 
the transfer of an existing license of a municipal solid waste 
disposal facility to a private entity. 
It specifies legislative 
findings. 
COMMITTEE AMENDMENT 
t