Maine Legislature, Session 124, LD 0506
Sponsors: SCHNEIDER
Amends: 38 MRSA §1306

MAINE STATE LEGISLATURE 
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. 124th 'MAINELEGIS'LATURE 
FIRST ·REGULAR SESSION~2009 
Legislative Document ': 
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No. 506 
S.P.201 
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In Senate, Feb~ary 12,2009 
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.An Acero Protec('PuJ,J,lic Safety and:Pr;ov.:ide.for the Prud,entUseoi, 
Landfill Capacity· 
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Reference to the Committee' bn' N ~tural Reso~ces' suggested and ordered 'printed. 
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Presented by Senator SCHNEIDER of Penobscot. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored·by Senator:; SIMPSON of Androscoggin; Representative: CAIN .of Orono. 
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Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §1306, sub-§7 is enacted to read: 
7. Weight of trucks. A person may not deliver waste of any kind in a vehicle with a 
gross vehicle weight, as defmed in Title'29-A, section 101, subsection 26-A, of more than 
80,000 pounds to a solid waste disposal facility, solid waste facility, solid waste landfill 
or waste facility if that facility or landfill is owned by the State and has been expanded on 
or after October 1, 2009. The operator of a solid waste disposal facility, solid waste 
facility, solid waste landfill or waste facility that has been expanded on or .tIter October 
1; 2009 and is owned by the State may not accept for delivery at that facility or landfill 
waste of any kind that has been hauled in a vehicle with a gross vehicle weight of more 
than 80,000 pounds. 
Sec. 2. Determination of solid waste disposal capacity needs. The Executive 
Department, State Planning Office and the Department of Environmental Protection shall 
detennine the solid waste disposal capacity needs of the State as of January 1, 2009 for 3, 
and 10 years and report their findings to the Joint Standing Committee on Natural 
Resources no later than November 5,2009 .. Based on the capacity needs as of January 1, 
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. 2009, the State Planning Office and the ;Department' orEnvironmentaLProtectioDshaU· 
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determine the capacity of state-owned landfills. The State Planning Office and the 
Department of Environmental Protection shall detennine their ability to control the 
different and various waste str~ flowmg into state-owned . landfills; broken down by 
waste stream and by the sources of these waste streams, whether .in-stateor out-of-state. 
The Department of Environmental Protection shall detennine how best to control the flow 
of waste coming into the State in order to ensure. the longevity of state-owned landfills 
and save taxpayers money. The Department of Environmental Protection shall adopt 
major substantive rules, as defmed in the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A, to extend the life of state-owned landfills. 
SUMMARY 
This bill provides that a person may not deliver waste of any kind in a vehicle with a 
gross vehicle weight of more than 80,000 pounds to a solid waste disposal facility, solid 
waste facility, solid waste landfill or waste facility if that facility or landfill is owned by 
'·th.e State'and has been expanded on or after October 1, 2009. It also provides that the 
operator of a solid waste disposal facility, solid waste facility, solid waste landfill or 
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. waste facility that has been expanded on or after the effective date of this Act and is 
owned by the State may not accept for delivery at that facility or landfill waste of any 
kind tllat has been hauled in a vehicle with a gross vehicle weight of more than 80,000 
pounds. The bill requires the Executive Department, State Planning Office and the 
Department of Environmental Protection to detennine the solid waste disposal capacity' 
needs of the State as of January I, .2009 for 3, 5. and 10 years and report their findings to 
the Joint Standing Committee on Natural Resources no later than November 5, 2009. 
Based on the capacity needs as of January I, 2009, the State Planning Office and the 
Department of Environmental Protection shall detennine the capacity of state-oWned 
landfills. The State Planning Office and the Department. of Environmental Protection 
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shall detennine their ability to control the different and various waste streams flowing 
into state-owned landfills, broken down by waste stream and by the sources of these 
waste streams, whether in-state or out-of-state. The Department of Environmental 
Protection shall detennine how best to control the flow of waste coming into the State in 
order to ensure the longevity of state-owned landfills and save taxpayers money. The 
Department of Environmental Protection shall adopt major substantive rules to extend the 
life of state-owned landfills.