An Act To Improve Landfill Capacity
Maine Legislature, Session 124, LD 0760
Committee Amendment CA_A_H451 (House)
Amends: 38 MRSA §1310-N, 38 MRSA §1310-X

COMMITTEE AMENDMENT 'M" toH.P. 519, L.D. 760, Bill, "An Act To 
Improve Landfill Capacity" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-I. 38 MRSA §1310-N, sub-§5-A, EjfB, as enacted by PL 2007, c. 583, §4, 
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is amended to read: 
B. The provisions of this paragraph apply to solid waste processing facil ities that 
generate residue requiring disposal. 
(l) 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-D, 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, put 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. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A" to H.P. 519, L.D.760 
(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 
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. 
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The department shall adopt rules to implement the provIsIons of this paragraph. ' 
Rules adopted pursuant to this paragraph are major substantive routine technical ntles 
as defined in Title 5, chapter 375, subchapter 2~A. The departInent may not enforce 
the recycling requirements of subparagraph (2) prior to the effective date of rules that 
define "to the maJdmum extent nraotioahlo. " 
Sec. A-2. Processi~g facility recycling rulemaldng; status report. 
1. Report. By February 1, 2010, the Department of Environmental Protection shall 
submit to the Joint Standing Committee on Natural Resources a report relating to the 
development and status of rules that define the term "to the maximum extent practicable" 
as that term is used in the Maine Revised Statutes, Title 38, section 1310-N, subsection 
5-A, paragraph B, subparagraph (2). In connection with the report, the department shall 
investigate current recycling technologies and practices as they relate to the creation of 
fine'material, known as "fines," that is qualified to be used as alternative daily cover at 
landfills under Title 38, section 131 O~N, subsection 5~A, paragraph B, subparagraph (2). 
The results of that investigation must be included in the department's report. The Joint 
Standing Committee on Natural Resources niay submit legislation related to the report to 
the Second Regular Session of the 124th Legislature. 
2. Rulemaldng. By April 1, 2010, the Department of Environmental Protection 
shall adopt rules that define the term "to the maximum extent practicable" as that term is 
used in the Maine Revised Statutes, Title 38, section 1310-N, subsection 5~A, paragraph 
B, subparagraph (2). 
PARTB 
Sec. B-1. PL 2007, c. 583, §10 is amended to read: 
Sec. 10. Duties and responsibilities for managing solid waste. By July 31, 
2008, the Department of Environmental Protection and the Executive Departm.ent, State 
Planning Office, refeITed to in this section as "the agencies," shall develop a system by 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT·A " to H.P. 519, L.D. 760 
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 
the agencies. The repoli must also include an analysis of the agencies' respective ability 
to control the different and various waste streams flowing into state~owned Iimdfills. The 
committee may report out legislation relating to the report to the Fffst Second Regular 
Session of the 124th Legislature. 
Sec. B-2. Review and assessment of solid waste management policy; state-
owned landfills. 
The Executive Department, State Planning Office shall work 
collaboratively with other state agencies and interested parties to conduct a review· and 
assessment of the State's solid waste management policy and submit a report relating to 
the review and assessment. The review and assessment must include, but is not limited 
to: 
1. 
Whether funding for management and oversight of state~owned landfills is 
sufficient to carry out the legislative intent of the Maine Revised Statutes, Title 38, 
chapter 13; 
2. 
Whether management or operational modifications should be instituted at the 
state-owned landfill; and 
3. Whether amendments to the operating services agreement between the State and 
the operator of the state-owned landfill should be negotiated to eliminate fuel services 
agreements and caps on tipping fees and to establish annual maximum fill rates. 
By January 5, 2010, the office shall report its findings and recommendations, 
including any draft legislation necessary to implement its recommendations, to the Joint 
Standing Committee on Natural Resources, which is authorized to submit legislation 
related to the report to the Second Regular Session of the 124th Legislature. 
PART C 
Sec. C-l. 38 MRSA §1310-X, sub-§3, ~, as amended by PL 1995, c. 68, § 1, is 
repealed and the following enacted in its place: 
B. 
The department determines that the proposed expansion is contiguou~ with tile 
existing facility and: 
(1) Is located on property owned on December 31, 1989 by the licensee or by a 
corporation or other business entity under common ownership or control with the 
licensee; or 
(2) For a commercial solid waste disposal facility that is a landfill that is not 
under order or agreement to close, is located on property owned by the licensee; 
and' 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT A "to H.P. 519, L.D. 760 
SUMMARY 
This amendment replaces the bill and it does the following. 
Part A makes changes to the laws governing processing facilities that generate 
residue requiring disposal. Current law requires processing facilities that generate residue 
requiring disposal to recycle waste accepted at the facility "to the maximum extent 
practicable," but in' no case at a rate less than 50%. Current law also requires the 
Department of Environmental Protection to adopt major substantive rules relating to 
processing facility recycling and prohibits the department from enforcing the recycling 
requirements of the law until the rules defining "to the maximum extent practicable" are 
in effect. The amendment changes the rules from major substantive to routine technical 
and removes the provision that prohibits' the Department of Environmental Protection 
from enforcing the recycling requirements until· the rules defining "to' the maximum 
extent practicable" are in effect. 
The amendment also requires the Department of 
Environmental Protection to submit a report to the Joint Standing Committee on Natural 
Resources by February 1, 2010 relating to the development and status of the ru les that 
define "to the maximum extent practicable" and authorizes the committee to submit 
legislation.to the Second Regular SessioT) of the 124th Legislature. The amendment also 
requires the Department of Environmental Protection to adopt rules that define "to the 
maximum extent practicable" by April 1,2010. 
Part B changes the session at which the Joint Standing Committee on Natural 
Resources is authorized to report out legislation relating to duties and responsibilities of 
the Department of Environmental Protection and the. Executive Department, State 
Planning Office regarding solid waste management duties and responsibilities. Current 
law authorizes the committee to report out legislation to the First Regular Session of the 
124th Legislature; the amendment authorizes the committee to report out legislation to 
the Second Regular Session of the 124th Legislature. The amendment also requires the 
State Planning Office to conduct a review and assessment of the State's solid waste 
management policy with a focus on state-owned landfill funding, management and 
operation and authorizes the Joint Standing Committee on Natural Resources to submit 
legisllition to the Second Regular Session of the 124th Legislature. 
Part C amends the law that prohibits expansion of commercial solid waste disposal 
facilities by authorizing a commercial landfill that is not under an order or agreement to 
close to expand if the proposed expansion is contiguous with the existing facility and is 
located on property owned by the licensee. 
Current law requires that the proposed 
expansion be contiguous with the existing facility and be located on property owned on 
December 31, 1989 by the licensee or by a corporation or other business entity under 
common ownership or control with, the licensee. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Fiscal Detail and Notes 
Approved: OS/24/69 frac:.. 
LD760 
LR 1518(02) 
An Act To Improve Landfill Capacity 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
. Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Fund 
Additional costs to the State Planning Office and the Department of Ell vi ron mental Protection associated with 
conducting a review and assessment of the State's solid waste management policy and other administrative duties can 
be absorbed within existing budgeted resources. 
LR1518(02) - Fiscal Note - Page 1 of 1