An Act To Continue To Ensure the Long-term Capacity of Municipal Landfills
Maine Legislature, Session 123, LD 0935
Committee Amendment CA_A_H411 (House)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-A

COMMITTEE AMENDMENT "A " to H.P. 710, L.D. 935, Bill, "An Act To 
Continue To Ensure the Long-term Capacity of Municipal Landfills" 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 38 MRSA §1303-C, sub-§6, as amended by PL 2005, c. 612, §2, is 
further amended to read: 
6. Commercial solid waste disposal facility. "Commercial solid waste disposal 
facility" means a solid waste disposal facility except as follows: 
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 publie vraste 
disposal cOFJ3oration eontrols the decisions regarding the type and sOl:lree of 'Naste 
that is accepted, handled, treated and disposed of at the facility; 
A-2. A solid waste facility that is owned by a public waste disposal corporation 
under section 1304-B. subsection 5: 
(1) 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 
(2) If the facility is a solid waste landfill, the facility accepts only waste that is 
generated within the State unless the commissioner finds that the acceptance of 
waste that is not generated within the State provides a substantial public benefit 
pursuant to section 1310-AA, subsection I-A; 
B. Beginning Janl:laf)' 1, 2007 a solid waste facility owned by a nUlRicipaiity under 
section 1305 as long as the ffil:lnicipality controls the decisions regarding the type and 
source of waste that is accepted, handled, treated and disposed of at the faeility; 
B-2. A solid waste facility that is owned by a municipality under section 1305: 
COMMITTEE AMENDMENT 
',,,~\ 
COMMITTEE AMENDMENT" A" to H.P. 710, L.D. 935 
(1) 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 
(2) If the facility is a solid waste landfill, the facility accepts only waste that is 
generated within the State unless: 
(a) The commissioner finds that the acceptance of waste that is not generated 
within the State provides a substantial public benefit pursuant to section 
1310-AA, subsection I-A; and 
(b) Acceptance of waste that is not generated within the State is approved by 
a majority of the voters of the municipality by referendum election; 
C. 
Beginning JeHuary 1, 2007, a solid waste faeility owned by a Fefuse disposal 
distriet l:lnder ehapter 17 as IOflg as the refuse disposal distriet eOfltrols the deeisiofls 
regardiflg the t)'pe aAd souree of 'Naste that is aeeepted, haAdled, treated Rad disposed 
of at the faeility; 
C-2. A solid waste facility that is owned by a refuse disposal district under chapter 
17: 
(1) 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 
(2) If the facility is a solid waste landfill, the facility accepts only waste that is 
generated within the State unless the commissioner finds that the acceptance of 
waste that is not generated within the State provides a substantial public benefit 
pursuant to section 131 O-AA, subsection 1 -A; 
D. Beginning January 1,2007, a solid waste facility owned and controlled by the 
office under chapter 24; 
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 15% 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 JeAHary 1, 2007, for 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 or waste whether generated within the State or outside 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to H.P. 710, L.D. 935 
of the State if it is used for daily cover, frost protection or stability or is generated within 
miles of the solid waste disposal facility. 
Sec. 3. 38 MRSA §1310-AA, as corrected by RR 1995, c. 1, §33, is amended to 
read: 
§1310-AA. Public benefit determination 
1. Application for public benefit determination. Prior to submitting an application 
under section 1310-N for a license for a new or expanded solid waste disposal facility, a 
person must apply to the commissioner for a determination of whether the proposed 
facility provides a substantial public benefit. 
I-A. Public benefit determination for acceptance by publicly owned solid waste 
landfills of waste generated out of state. Prior to accepting waste that is not generated 
within the State, a solid waste facility that is subject to this subsection shall apply to the 
commissioner for a determination of whether the acceptance of the waste provides a 
substantial public benefit. 
A. A facility is subject to this subsection if the facility is a solid waste landfill that is 
not a commercial solid waste disposal facility pursuant to: 
(1) Section 1303-C, subsection 6, paragraph A-2; 
(2) Section 1303-C, subsection 6, paragraph B-2; or 
(3) Section 1303-C, subsection 6, paragraph C-2. 
B. 
A facility that is subject to this subsection may not accept waste that is not 
generated within the State unless the commissioner determines that the acceptance of 
the waste provides a substantial public benefit. 
C. The commissioner shall make the determination of public benefit in accordance 
with subsections 2 and 3. 
D. 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; waste whether generated within the State or outside of the State used 
for daily cover, frost protection or stability; and waste generated within 30 miles of 
the solid waste disposal facility. 
2. Process. Determinations by the commissioner under this section are not subject to 
Title 5, chapter 375, subchapter I¥ 1. The commissioner shall provide public notice of 
the filing of an application under this section and shall accept written public comment on 
the application for 20 days after the date of the notice. In making the determination of 
whether the facility under subsection 1 or the acceptance of waste that is not generated 
within the State under subsection I-A provides a substantial public benefit, the 
commissioner shall consider the state plan, written information submitted in support of 
the application and any other written information the commissioner considers relevant. 
The commissioner may hold a public meeting in the vicinity of the proposed facility 
under subsection 1 or the solid waste landfill under subsection I-A to take public 
comments and shall consider those comments in making the determination. 
The 
commissioner shall issue a decision on the matter within 60 days of receipt of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " 
to H.P. 710, L.D. 935 
application. The commissioner's decisions under this section may be appealed to the 
board, but the board is not authorized to assume jurisdiction of a decision under this 
section. 
3. Standards for determination. The commissioner shall find that the proposed 
facility under subsection 1 or the acceptance of waste that is not generated within the 
State under subsection I-A provides a substantial public benefit if the applicant 
demonstrates to the commissioner that the proposed facility or the acceptance of waste 
that is not generated within the State: 
A. Meets immediate, short-term or long-term capacity needs of the State; 
lOB. Except for expansion of a commercial solid waste disposal facility that accepts 
II 
only special waste for landfilling, is consistent with the state waste management and 
recycling plan; ftHd 
C. 
Is not inconsistent with local, regional or state waste collection, storage, 
transportation, processing or disposah; and 
D. For a determination of public benefit under subsection I-A only, facilitates the 
operation of a solid waste disposal facility that provides a substantial public benefit 
and the operation of that solid waste disposal facility would be precluded or 
significantly impaired if the waste is not accepted. 
4. Application. This section does not apply to facilities described in section 1310-N, 
subsection 3-A, paragraph A or to facilities owned by the State.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the provisions in the bill that define "commercial solid 
waste disposal facility" by providing that: 
1. A municipally owned landfill is a commercial landfill if it accepts waste that is not 
generated within the State unless the commissioner finds that the acceptance ofthat waste 
provides a substantial public benefit and the acceptance of that waste is approved by a 
majority of the voters of the municipality; and 
2. Other publicly owned landfills, owned by public waste disposal corporations and 
refuse disposal districts, are commercial landfills if they accept waste that is not 
generated within the State unless the commissioner finds that the acceptance of that waste 
provides a substantial public benefit. 
The amendment does not make any changes to the definition of commercial landfill 
relating to state-owned landfills. 
Under the amendment, "waste that is generated within the State" includes: residue 
and bypass generated by incineration, processing and recycling facilities within the State; 
waste whether generated within the State or outside of the State used for daily cover, frost 
protection or stability; and waste generated within 30 miles ofthe facility. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " 
to H.P. 710, L.D. 935 
The amendment adds a new standard to be applied when the Commissioner of 
Environmental Protection makes a public benefit determination relating to the acceptance 
.of waste that is not generated within the State. 
FISCAL NOTE RE<JlIl\.I:1> 
(~ee attached) 
COMMITTEE AMENDMENT 
Approved: 06/01107 
~ac. 
LD935 
LR2048(02) 
An Act To Continue To Ensure the Long-term Capacity of Municipal Landfills 
Fiscai Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department of Environmental Protection can be absorbed utilizing existing budgeted 
resources. 
LR2048(02) - Fiscal Note - Page 1 of 1