An Act To Improve Solid Waste Management
Maine Legislature, Session 123, LD 0810
Committee Amendment CA_A_H799 (House)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §1310-R, 38 MRSA §2101

COMMITTEE AMENDMENT~'A " to H.P. 610, L.D. 810, Bill, "An Act To 
Improve Solid Waste Management" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §1303-C, sub-§32-A is enacted to read: 
32-A. Solid waste processing facility. "Solid waste processing facility" means a 
land area, structure, equipment, machine, device, system or combination thereof, other 
than an incineration facility, that is operated to reduce the volume or change the chemical 
or physical characteristics of solid waste. "Solid waste processing facility" includes but is 
not limited to a facility that employs shredding, baling, mechanical and magnetic 
separation or compo sting or other stabilization technique to reduce or otherwise change 
the nature of solid waste. 
Sec. 2. 38 MRSA §1310-N, sub-§l, ~C, as repealed and replaced by PL 1997, c. 
393, Pt. A, §47, is amended to read: 
C. 
In the case of a disposal facility or a solid waste processing facility that 
generates residue requiring disposal, the volume of the waste and the risks related to 
its handling and disposal have been reduced to the maximum practical extent by 
recycling and source reduction prior to disposal. This paragraph does not apply to the 
expansion of a commercial solid waste disposal facility that accepts only special 
waste for landfilling or to any other facility exempt from the requirements of 
subsection 5-A. The department shall find that the provisions of this paragraph are 
satisfied when the applicant demonstrates that the applicable requirements of 
subsection 5-A have been satisfied. 
Sec. 3. 38 MRSA §1310-N, sub-§5, as repealed and replaced by PL 1997, c. 393, 
Pt. A, §48, is repealed. 
Sec. 4. 38 MRSA §1310-N, sub-§5-A is enacted to read: 
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COMMITTEE AMENDMENT ,A" to H.P. 610, L.D. 810 
5-A. Recycling and source reduction determination. The requirements of this 
subsection apply to solid waste disposal facilities and to solid waste processing facilities 
that generate residue requiring disposal. 
A. An applicant for a new or expanded solid waste disposal facility shall demonstrate 
that: 
(I) The proposed solid waste disposal facility will accept solid waste that is 
subject to recycling and source reduction programs, voluntary or otherwise, at 
least as effective as those imposed by this chapter and other provisions of state 
law. The department shall attach this requirement as a standard condition to the 
license of a solid waste disposal facility governing the future acceptance of solid 
waste at the proposed facility; and 
(2) The applicant has shown consistency with the recycling provisions of the 
state plan. 
This paragraph does not apply to the expansion of a commercial solid waste disposal 
facility that accepts only special waste for landfilling. 
B. The provisions of this paragraph apply to solid waste processing facilities that 
generate residue requiring disposal. 
(I) An applicant for a new or expanded solid waste processing facility that 
generates residue requiring disposal shall demonstrate that all requirements of 
this paragraph will be satisfied. On an annual basis, an owner or operator of a 
licensed solid waste processing facility that generates residue requiring disposal 
shall demonstrate compliance with all the requirements of this paragraph. The 
annual demonstration of compliance must be included as an element of the 
facility's annual report to the department submitted in conformance with the 
provisions of subsection 6-0, paragraph B and department rules. 
(2) A solid waste processing facility that generates residue requiring disposal 
shall recycle or process into fuel for combustion all waste accepted at the facility 
to the maximum extent practicable, but in no case at a rate less than 50%. For 
purposes of this subsection, "recycle" includes, but is not limited to, reuse of 
waste as shaping, grading or alternative daily cover materials at landfills; 
aggregate material in construction; and boiler fuel substitutes. 
(3) A solid waste processing facility subject to this paragraph shall demonstrate 
consistency with the recycling provisions of the state plan. 
(4) The requirements of this paragraph do not apply to solid waste composting 
facilities; solid waste processing facilities whose primary purpose is volume 
reduction or other waste processing or treatment prior to disposal of the waste in 
a landfill or incineration facility; solid waste processing facilities that are licensed 
in accordance with permit-by-rule provisions of the department's rules; or solid 
waste processing facilities that are exempt from the requirements of the solid 
waste management rules related to processing facilities adopted by the board. 
(5) If the department amends the rules relating to fuel quality for construction 
and demolition wood fuel and the amendment adversely affects the ability of a 
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COMMITTEE AMENDMENT ,A" to H.P. 610, L.D. 810 
solid waste processing facility to meet the 50% standard in subparagraph (2), the 
department may not enforce the requirements of subparagraph (2) against that 
processing facility and the department shall submit to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters a 
report relating to the rule change. 
The joint standing committee of the 
Legislature having jurisdiction over natural resources matters may submit 
legislation related to the report. 
The department shall adopt rules to implement the provisions of this paragraph. 
Rules adopted pursuant to this paragraph are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. The department may not enforce the recycling 
requirements of subparagraph (2) prior to the effective date of rules that define "to the 
maximum extent practicable. " 
Sec. 5. 38 MRS A §1310-R, sub-§2, ~A, as amended by PL 1989, c. 585, Pt. E, 
§30 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §246, is further amended to 
read: 
A. 
The department shall apply the provisions of section 131 O-N, subsection ,). 5-A, 
paragraph A, subparagraph (1) when relicensing any solid waste disposal facility, 
except that, to the extent that waste disposal contracts in effect on June 29, 1987, are 
inconsistent with section 1310-N, subsection ,). 5-A, paragraph A, in '""hich case 
subparagraph (1 ), those provisions apply at the expiration of the term of those 
contracts without consideration of any renewals or extensions of those contracts. 
Sec. 6. 38 MRSA §1310-R, sub-§2, ~C, as amended by PL 1989, c. 585, Pt. E, 
§30, is further amended to read: 
C. 
The provisions of section 1310-N, subsection ,). 5-A, paragraph B A, 
subparagraph (2) do not apply to the relicensing of any solid waste disposal facility 
licensed prior to June 29,1987. 
Sec. 7. 38 MRSA §2101, sub-§l, as enacted by PL 1989, c. 585, Pt. A, §7, is 
amended to read: 
1. Priorities. It is the policy of the State to plan for and implement an integrated 
approach to solid waste management for solid waste generated in this State and solid 
waste imported into this State, which sfl.all must be based on the following order of 
priority: 
A. 
Reduction of waste generated at the source, including both amount and toxicity 
of the waste; 
B. Reuse of waste; 
C. Recycling of waste; 
D. Composting of biodegradable waste; 
E. 
Waste processing wfl.i€,h that reduces the volume of waste needing land disposal, 
including incineration; and 
F. Land disposal of waste. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 610, L.D. 810 
It is the policy of the State to use the order of priority in this subsection as a guiding 
principle in making decisions related to solid waste management. 
Sec. 8. 38 MRS A §2124-A, as amended by PL 2007, c. 192, §5, IS further 
amended to read: 
§2124-A. Solid waste generation and disposal capacity report 
By January I, 2008 and annually thereafter, the office shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over natural resources 
matters, the Governor and the department setting forth information on statewide 
generation of solid waste, statewide recycling rates and available disposal capacity for 
solid waste. 
The report submitted under this section must include an analysis of how changes in 
available disposal capacity have affected or are likely to affect disposal prices. When the 
office determines that a decline in available landfill capacity has generated or has the 
potential to generate supracompetitive prices, the office shaM include this finding in its 
report and shall include recommendations for legislative or regulatory changes as 
necessary. 
Beginning on January 1, 2009 and every odd-numbered year thereafter, the report 
submitted under this section must include an analysis of how the rate of fill at each solid 
waste landfill has affected the expected lifespan of that solid waste landfill. The January 
2009 report must also include an analysis of the solid waste disposal needs of the State as 
of January 1, 2009 for the next 3, 5 and 10 years. 
Beginning on January 1, 2010 and every even-numbered year thereafter, the report 
submitted under this section must include an analysis of consolidation of ownership in the 
disposal, collection, recycling and hauling of solid waste. 
The joint standing committee of the Legislature having jurisdiction over solid waste 
matters may report out legislation related to the report submitted pursuant to this section. 
Sec. 9. 
Solid waste odor management report. 
The Department of 
Environmental Protection shall prepare a report on solid waste odor management. The 
report must include an examination of solid waste odor regulation from the point of 
disposition of the waste through disposal of the waste at a solid waste disposal facility, 
including odor regulation related to transportation of the waste. The report must also 
include the status of federal weight restrictions on Interstate 95. The report must be 
submitted to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters by January 5, 2009. 
Sec. 10. Duties and responsibilities for managing solid waste. By July 31, 
2008, the Department of Environmental Protection and the Executive Department, State 
Planning Office, referred to in this section as "the agencies," shall develop a system by 
which solid waste management activities are performed by them. By August 30, 2008, 
the agencies shall implement elements of the system that do not require statutory changes. 
By January 5, 2009, the agencies shall submit a report on the system to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters. 
The 
report must identify any legislative changes that are necessary for the implementation of 
the system and must report on the elements of the system that have been implemented by 
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COMMITTEE AMENDMENT .. A .. to H.P. 610, L.D. 810 
the agencies. The report must also include an analysis of the agencies' respective ability 
to control the different and various waste streams flowing into state-owned landfills. The 
committee may report out legislation relating to the report to the First Regular Session of 
the 124th Legislature. 
Sec. 11. Solid waste disposal facility recycling standards; report. 
By 
January 15, 2009, the Department of Environmental Protection shall submit to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters a 
report detailing a method for setting mandatory recycling standards for all solid waste 
disposal facilities.' 
SUMMARY 
This amendment extends the statutory recycling and source reduction requirements to 
solid waste processing facilities. 
The amendment affirms that it is the policy of the State to use the solid waste 
hierarchy provided in the Maine Revised Statutes, Title 38 as a guiding principle in 
decision making related to solid waste management and clarifies that the State's policy 
applies to solid waste generated in the State and solid waste imported into the State. 
The amendment requires the Executive Department, State Planning Office to include 
analyses of marketplace consolidation and solid waste landfill fill rates in the annual solid 
waste generation and disposal capacity report. 
The amendment directs the Department of Environmental Protection to prepare a 
report on solid waste odor management. 
The amendment directs the Department of Environmental Protection and the State 
Planning Office to develop a system by which solid waste management activities are 
performed by the agencies. 
The amendment requires the Department of Environmental Protection to prepare a 
report detailing a method for setting mandatory recycling standards for all solid waste 
disposal facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03119108 frac 
LD810 
LR 2276(02) 
An Act To Improve Solid Waste Management 
Fiscal Note for Bill as Amended by Committee Amendment "/i,, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs associated with this legislation can be absorbed by the Department of Environmental Protection and 
the State Planning Office utilizing existing budgeted resources. 
LR2276(02) - Fiscal Note - Page I of 1