An Act To Implement Recommendations of the Blue Ribbon Commission on Solid Waste Management May 16,2007
Maine Legislature, Session 123, LD 1908
Committee: Natural Resources
Amends: 38 MRSA §1310-N, 38 MRSA §1310-A

Legislative Document 
No. 1908 
S.P.708 
An Act To Implement Recommendations of the Blue Ribbon 
Commission on Solid Waste Management 
May 16,2007 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Resolve 2005, chapter 207. 
Reference to the Committee on Natural Resources suggested and ordered printed l.Ulder 
Joint Rule 218. 
Printed on recycled paper 
JOY 1. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1310-N, sub-§l, ~, as amended by PL 1995, c. 465, Pt. A, 
§ l3 and affected by Pt. C, §2, is further amended to read: 
B. 
In the case of a disposal facility other thafl a faeilit), ovt'flea by the State, the 
facility provides a substantial public benefit, determined in accordance with 
subsection 3-A; and 
Sec. 2. 38 MRSA §1310-N, sub-§l1 is enacted to read: 
11. Waste eenerated within the State. Consistent with the Legislature's findings in 
section l302, a solid waste disposal facility owned by the State may not be licensed to 
accept waste that is not waste generated within the State. 
Sec. 3. 38 MRSA §1310-AA, sub-§4, as enacted by PL 1995, c. 465, Pt. A, §22 
and affected by Pt. C, §2, is amended to read: 
l3 
4. Application. This section does not apply to facilities described in section l31 O-N, 
subsection 3-A, paragraph A or to faeilities oWflea b)' the State. 
Sec.4. 38 MRSA §1310-AA, sub-§5 is enacted to read: 
5. Modifications. Public benefit determinations may be revised by the department if 
7 
the department finds that a material change in the underlying facts or circumstances upon 
which a public benefit determination was based has occurred or is proposed, including, 
but not limited to, a change related to disposal capacity. The department may require the 
holder of a public benefit determination to submit an application for modification of that 
detennination if the department finds that a change in the underlying facts or 
circumstances has occurred or is proposed. 
Sec. 5. Report. By January 15,2008, the Department of Environmental Protection 
shall submit to the Joint Standing Committee on Natural Resources recommendations on 
the sources of revenue from construction and demolition debris recycling and incineration 
that are sufficient to fund ambient air quality monitoring and landfill oversight. The 
committee has authority to submit legislation relating to the recommendations to the 
SUMMARY 
This bill implements recommendations of the Blue Ribbon Commission on Solid 
Waste Management. 
It amends the provisions relating to a public benefit determination by requiring state-
owned disposal facilities to provide a substantial public benefit and by authorizing the 
Department of Environmental Protection to revise a public benefit determination if a 
change in the underlying facts or circumstances upon which the determination was based 
has occurred or is proposed. 
It prohibits state-owned solid waste disposal facilities from accepting waste that is 
not generated within the State. 
It requires the Department of Environmental Protection to submit recommendations 
on the sources of revenue from construction and demolition debris recycling and 
incineration that are sufficient to fund ambient air quality monitoring and landfill 
oversight. The report must be submitted to the Joint Standing Committee on Natural 
Resources by January 15, 2008, and the committee is authorized to submit legislation 
relating to the recommendations to the Second Regular Session ofthe 123rd Legislature.