An Act To Amend the Solid Waste Management Laws
Maine Legislature, Session 123, LD 1313
Committee: Natural Resources
Sponsors: MARTIN, SNOWE-MELLO, DUCHESNE, EBERLE
Amends: 5 MRSA §12004-I, 38 MRSA §2101, 38 MRSA §2123-C, 38 MRSA §2123-B, 38 MRSA §2124-A

Legislative Document 
No. 1313 
S.P.461 
March 12, 2007 
An Act To Amend the Solid Waste Management Laws 
Submitted by the State Planning Office pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY 1. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: SNOWE-MELLO of Androscoggin, Representatives: DUCHESNE 
of Hudson, EBERLE of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §12004-I, sub-§68-B is enacted to read: 
68-B. 
Natural 
Resources 
Solid Waste 
Management 
Advisory Council 
Expenses for 
Nonsalaried and 
Nonpaid Public 
Members Only 
Sec. 2. 38 MRSA §2101, sub-§2 is enacted to read: 
MRSA §2123-C 
2. Waste reduction and diversion. It is the policy of the State to actively promote 
and encourage waste reduction measures and maximize waste diversion efforts by 
encouraging new and expanded uses of solid waste generated in this State as a resource. 
Sec. 3. 38 MRSA §2123-B, as amended by PL 1999, c. 527, §1, is repealed. 
Sec. 4. 38 MRSA §2123-C is enacted to read: 
§2123-C. Solid Waste Management Advisory Council 
1. Solid Waste Management Advisory Council. The Solid Waste Management 
Advisory Council, referred to in this section as "the council," is established to advise and 
assist the office in reviewing: 
A. State solid waste management policy, including the timeline and establishment 
process for the development of a state-owned solid waste disposal facility; 
B. Host community benefits; 
C. 
The development of commercial solid waste facilities and the economic 
competitiveness of commercial facilities; 
D. The appropriateness of developing regional disposal facilities to better serve 
municipalities and businesses; 
E. The continued development and expansion of beneficial reuse and recycling; 
F. The proper role of municipal zoning and other local control in regard to siting, 
expansion and operation of solid waste disposal facilities; and 
G. Other related matters as considered appropriate and necessary. 
2. Membership. The Governor shall appoint 14 members of the council as follows: 
A. Three members from the general pUblic; 
B. Two members from each of the following: 
(1) Municipal government; 
(2) Statewide and local environmental organizations; 
Page I - 123LR0992(Ol)-1 
(3) The recycling industry; 
(4) Waste-to-energy facility owners or operators; and 
(5) Landfill owners or operators; and 
C. One member representing industrial waste generators. 
The Director of the State Planning Office, or the director's designee, serves on the 
council. 
The commissioner, or the commissioner's designee, serves as an ex officio member of the 
council. 
3. Terms. All members, except the Director of the State Planning Office and the 
commissioner, are appointed for staggered terms of 3 years. A vacancy must be filled by 
the Governor for the unexpired portion of the term. The council shall annually elect a 
chair from its membership. 
4. Quorum. A quorum is a majority of the members of the council. An affirmative 
vote of the majority of the members present at a meeting is required for any action. An 
action may not be considered unless a quorum is present. 
5. Compensation; meetings. Members are entitled to compensation according to 
Title 5, section 12004-1, subsection 68-B. The council shall meet at least once a year and 
at any time upon the call of the chair upon written request to the chair by 5 of the 
members. 
6. Report. The council shall report annually to the Governor and to the Legislature 
on its activity during the past year. 
7. Staff. The office shall provide the council with all necessary staff. 
Sec. 5. 38 MRSA §2124-A, as amended by PL 2003, c. 338, §2, is further 
amended to read: 
§2124-A. Solid waste generation and disposal capacity report 
By January 1, +99+ 2008 and ever), 2 years annually thereafter, the office shall 
submit a report to the joint standing committee of the Legislature having jurisdiction over 
natural resource 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 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, it the office shall include this finding in its report and shall 
include recommendations for legislative or regulatory changes as necessary. 
Sec. 6. 38 MRS A §2156-A, sub-§2, as amended by PL 1999, c. 736, §1, is 
further amended to read: 
'Page 2 - 123LR0992(Ol)-1 
2. Recommendation for development. When the office finds that -4- §. years or less 
of licensed and available disposal capacity for municipal solid waste or special waste 
remains within the State, it the office shall submit a report recommending the 
construction and operation of a state-owned solid waste disposal facility for the disposal 
of the type of waste for which capacity is needed to the joint standing committee of the 
Legislature having jurisdiction over natural resource matters. 
The report must 
recommend which state agency or department will own the facility and how it will be 
operated. The report must also include a review of disposal options outside of the State; a 
review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected 
municipal solid waste and special waste streams and the impact of these efforts on 
capacity requirements; a thorough economic analysis of the facility's expected costs; and 
commitments from entities to utilize the facility and projected revenues. It is the intent of 
the Legislature that the facility be operated by a private contractor. A state-owned solid 
waste disposal facility may not be constructed or operated unless authorized by 
legislation pursuant to subsection 3. 
SUMMARY 
This bill modifies Maine's solid waste management laws as follows. 
1. It adds a state policy to encourage waste reduction measures and maximize waste 
diversion. 
2. It establishes the Solid Waste Management Advisory Council to meet annually, 
replacing a task force that meets every 5 years. 
3. It changes the Executive Department, State Planning Office's solid waste capacity 
and recycling report from a biannual to an annual report. 
4. It changes the disposal capacity threshold by which the State Planning Office is 
required to submit a recommendation on the construction and operation of a state-owned 
solid waste disposal facility to the Legislature from 4 years to 6 years.