An Act Regarding Planning for the Management of Solid Waste
Maine Legislature, Session 124, LD 1797
Committee: Natural Resources
Amends: 5 MRSA §3305, 10 MRSA §1023-G, 38 MRSA §1304, 38 MRSA §2123, 38 MRSA §2123-C, 38 MRSA §2124

Legislative Document 
No. 1797 
H.P.1285 
House of Representatives, February 25,2010 
An Act Regarding Planning for the Management of Solid Waste 
Reported by Representative DUCHESNE of Hudson for the Joint Standing Commip:ee on 
Natural Resources pursuant to Public Law 2009, chapter 412, Part B, section 1. 
Reference to the Committee on Natural Resources suggested and ordered printed pursuant 
to Joint Rule 218. 
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Printl!d on I'l!cyclcd p~pCI' 
'77/~ /J7·IllI!£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §3305, sUlb-§I, ~, as amended by PL 1997, c. 393; Pt. B, §4, is 
fm1her amended to read: 
N. Coordinate the development of solid waste m'anagement policy including: 
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, (1) CoIlecting and analyzing solid waste management and recycling data from all 
available sources including commercial imd municipal entities; and 
(2) Preparing a solid waste management and recycling plan to be submitted to 
the Governor and the Legislature bv Januarv 1. 1998 and evef\/ 5 vears thereafter: 
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(3) 
Providing technical and financial assistance to municipalities in waste 
reduction and recycling aCtivities; and 
Sec. 2. 10 MRSA §1023-G, sUlb-§3,~, as amended byPL 1995, c. 656, Pt. A, 
§2, is further amended to read: 
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D. 
The project will contribute to achieving the goals identified in the state waste 
management and recycling plan adopted under Title 38, chapter 24 and is determined 
by the State Planning Office Department of Environmental Protection to be consistent 
with that plan. Prior to adopting the state waste management and recycling plan, the 
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fund may be used for proje,cts that help achieve the goals identified in the state 
recycling plan approved under former Title 38, section 131 O-M. 
Sec. 3. 38 MRSA §i303-C, sub-§35, as' amended by PL 1997, c. 393, Pt. B, §9, 
is further amended to read: 
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35. State waste management and recyclin.g plan. "State waste management and 
recycling plan" means the plan adopted by the fonner Maine Waste Management Agency 
pursuant to chapter 24, subchapter II .f. and subsequent plans developed by the State' 
Planning Office pursuant to Title 5, section 3305, subsection 1, paragraph N and plans 
developed by the department pursuant to section 2122 and may also be referred to as 
"state plan." 
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Sec. 4. 38 MRSA §1304, sUlb-§13, as amended by PL 1995, c. 656,Pt. A, §23, is 
further amended to read: 
13. Innovative disposal and utilization. Recognizing that environmentalIy suitable 
sites for waste disposal are in limited supply and represent a critical natural resowce, the 
commissioner may investigate and implement with the approval of the board innovative 
programs for managing, utilizing and disposing of solid waste. Innovative programs may 
include agricultural and forest land spreading of wood-derived ash, utilization of ash 
resulting from combustion of municipal solid waste, paper miIl sludges, municipal waste 
water treatment plant sludges and the composting of yard wastes. The effi:ee department 
sha:1I first determine that the. proposed innovative disposal and waste management 
programs are consistent with tile state plan. The commissioner shall review proposed 
'innovative programs for each waste category and shall apply all controls necessary to 
ensure the protection of the environment and public health consistent with this chapter. 
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The board may adopt application review procedures designed to review individual 
applications and their individual waste sources with prior approval of classes of disposal 
or utilization sites. The board shall adopt provisions for municipal notification prior to 
use of individuai utilization sites. 
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Sec. 5. 38 MRS A §2122, as a'mendedby PL 1995, c. 588, §2, i~ further amended 
to read: 
§2122. State waste management and recycling plan 
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The effiee depaJiment shall prepare an analysis of, and a plan for, the management, 
reduction and recycling of solid waste for the State. The plan must be based on the 
priorities'andJecycling goals established in sections 2101 and.2132. The plan must 
provide guidance and direction to municipalities in planning and implementing waste 
manage~ent and recycling programs at the state, regional and local levels. 
1. Consultation. In developing the state plan, the effiee department shall consult. 
with the department office. The effiee department shall solicit public input andinay hold 
hearings in different regions of the State. 
2. Revisions. Theeffiee department shall revise the analysis by January 1, 1998 and 
every 5 years after that time to incorporate changes in waste generation trends, changes in 
waste recycling and disposal technologies, development· of new waste generating 
activities and other factors affecting solid waste management as the effiee department 
finds appropriate. 
,Sec. 6. 38 MRSA §2123-t, sub-§l, as enacted by PL 2007, c. 192, §4, IS 
amended to read: 
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 and department in reviewing, as may be appropriate: 
A. 
Stat~ solid waste management policy, including the timeline and establishment 
process for the development of a state-owned sol id waste disposal facility; 
B. -Host cbmmunity 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 de~elopment 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;.aft6 
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F- L The state waste management and recycling plan developed pursuant to section 
2122; 
F-2. 
The solid waste generation and disposal capacity report developed in 
accordance with section 2124-A; and 
G. Other related matters as considered appropriate and necessary. 
Sec. 7. 38 MRSA §2123-C, sub-§7, as enacted by PL2007, c. 192, §4, is 
amended to read: 
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7. Staff. The effiee department shall provide the council with all necessary staff. 
Sec. 8. 38 MRSA §2124, as amended by PL 1995, c. 465, Pt. A, §37 and affected 
by Pt. C, §2, is further amended to read: 
§2124. Reports 
The effiee department shall submit the state plan· and subsequent revisions to the 
Governor, the department office and the joint standing committee of the Legislature 
h·avingjurisdiction over natural resource matters. 
SUMMARY 
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This bill moves the responsibility for preparing the state solid waste management and 
recycling plan and staffing the Solid Waste Management Advisory Council from the 
Executive Department, State Planning Office to the Department of Environmental 
Protection. 
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