An Act To Facilitate Compliance with Solid Waste Management Rules Reference to the Comilli ttee on Natural Resources suggested and ordered printed. ~~ 1?1.11!ILC~{ !~~~/~!,~\n~
Maine Legislature, Session 124, LD 0871
Amends: 38 MRSA §13

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
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Legislative Document 
. No. 871 
H.P.602 
House of Representatives, March 5, 2009 
An Act To Facilitate Compliance with Solid Waste Management 
Rules 
Reference to the Comilli ttee on Natural Resources suggested and ordered printed. 
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MILLICENT M. MacFARLAND . 
Clerk 
Presented by Representative nUCHESNE of Hudson. 
Printed on 'recycled paper 
Be it enacted by the People of the. State of Maine as follows:· 
Sec. 1. 38 MRSA §13lO-N, sub-§5-A, ~, as enacted·by PL 2007, c. 583, §4, is 
amended to read: 
B. The provisions of this paragraph apply to solid waste processing facilities that 
generate residue requiring disposal. 
(1) 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, hlJt in no case at a rate less than 50%. For 
purposes of this subsection, "recycle" includes, but 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. 
(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 perrnit-by-rule provisions of the department's rules; or solid 
w~ste 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 <;>f 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. 
The department shall adopt rules to implement. the provisions of this paragraph. 
Rules adopted pursuant to this paragraph are maj or substantive routine technical rules 
as defmed in Title 5, chapter 375, subchapter 2-A. The department may not enforoe 
thereoyoling requirements of subparagraph (2) prior to the effeotive date of rules that 
define "to the maximum extent nmcticahls." 
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Sec. 2. Rulemaking. By January 11, 2010, the Department of Environmental 
Protection shall submit to the Joint Standing Committee on Natural Resources a report 
relating to 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. the department shall investigate cUrrent recycling technologies and practices as they 
relate to the creation of fme material, known as "fines," that is qualified to be used as 
alternative daily cover at landfills under Title 38, section 1310-N, subsection 5-A, 
paragraph B, subparagraph (2). The Joint Standing Committee on Natural Resources may 
submit le~slation related to the report to the Second Regular Session of the 124th 
Legislature. 
Sec. 3. Moratorium on licenses for new or expanded solid waste disposal 
facilities. The Department of ' Environmental Protection may not issue a license for a 
new. or expanded solid waste disposal facility that accepts residue from construction and 
demolition debris recycling until rules implementing the department's report detailing a 
method for setting mandatory recycling standards for all solid waste disposal facilities 
submitted to the Legislature pursuant to Public Law 2007, chapter 583, section 11 are in 
effect. 
Sec. 4. Moratorium on licenses for solid waste disposal facilities. The 
Department of Environmental Protection may not issue a license for a new or expanded 
solid waste disposal facility until rules' implementing 'the department's report regarding 
solid ·waste disposal facility gas and odor management submitted pursuant to Public Law 
2007,chapter 583, section 9 are in effect. 
SUMMARY 
This bill amends the laws governing solid waste management. 
1. It changes from major substantive to routine technical the 'designation of rules 
ac:iopted by the Department of Environmental Protection regarding solid waste processing 
facilities that generate residue requiring disposal. 
2. It directs the Department of Environmental Protection to submit, by January 11, 
2010, a report to the Joint Standing Corrimittee on Natural Resources regarding rules 
,implementing the Maine Revised Statutes, Title 38, section 1310-N, subsection 5, 
paragraph B. It also directs the department to investigate recycling technologies and 
practices as they relate to certaip. materials. 
3. It prohibits issuance of a license for new or expanded solid waste disposal facilities 
that accept residue from construction and demolition debris recycling until rules· are in 
effect implementing the department's report regarding mandatory recycling standards for 
all solid waste disposal facilities. 
4. It prohibits issuance of a license for new or expanded solid waste disposal facilities 
until rules are in effect implementing the department's report regarding solid waste odor 
management.