An Act To Ensure Adequate Landfill Capacity in the State for Solid Waste
Maine Legislature, Session 125, LD 0879
Committee Amendment CA_B_H775 (House)
Amends: 38 MRSA §1310-A

COMMITTEE AMENDMENT ·13" to H.P. 646, L.D. 879, Bill, "An Act To 
Ensure Adequate Landfill Capacity in the State for Solid Waste" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 38 MRSA §1310-AA, suh-§l-A, ~D, as enacted by PL 2007, c. 338, §3 
and affected by §5, is amended to read: 
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 in accordance with all applicable rules and 
licenses; and waste generated within 30 miles of the solid waste disposal facility. 
Sec. 2. 38 MRSA §1310-AA, suh-§2, as amended by PL 2007, c. 338, §3 and 
affected by §5, is further amended to read: 
2. Process. Determinations by the commissioner under this section are not subject to 
Title 5, chapter 375, subchapter 4. The commissioner applicant shall provide public 
notice of the filing of an application under this section ana in accordance with department 
rules. The department shall accept written public comment eFI: during the course of 
processing 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 shall 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 thc matter within 60 days of receipt of the 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~' to H.P. 646, L.D. R79 
Sec. 3. 38 MRS A §1310-AA, sub-§3, ,A, as enacted by PL 1995, c. 465, Pt. A, 
§22 and affected by Pt. C, §2, is amended to read: 
A. 
Meets immediate, short-term or long-term capacity needs of the State. For 
purposes of this paragraph, "immediate" means within the next 3 years, "short-term" 
means within the next 5 years and "long-term" means within the next 10 years. When 
evaluating whether a proposed facility meets the capacity needs of the State, the 
commissioner shall consider relevant local and regional needs as appropriate and the 
regional nature of the development and use of disposal capacity due to transportation 
distances and other factors; 
Sec. 4. 38 MRSA §1310-AA, sub-§3, ,B, as amended by PL 2007, c. 338, §3 
and affected by §5, is further amended to read: 
B. Except for expansion of a commercial solid waste disposal facility that accepts 
only special waste for landfilling, is consistent with the state waste management and 
recycling plan and promotes the solid waste management hierarchy as set out in 
section 210 I; 
Sec. 5. 38 MRSA §1310-AA, sub-§5, as enacted by PL 2007, c. 414, §5, is 
amended to read: 
5. Modifications. Public benefit determinations may be revised by the department if 
the department finds that a material change in the underlying facts or circumstances upon 
which a public benefit determination was based has occurred or is proposed, including, 
but not limited to, a change related to disposal capacity or a change of the owner or 
operator of a facility. 
The department may require the holder of a public benefit 
determination to submit an application for modification of that determination if the 
department finds that a change in the underlying facts or circumstances has occurred or is 
proposed. 
Sec. 6. 38 MRSA §1310-AA, sub-§7 is enacted to read: 
7. Decision making. When making a decision on an application for a determination 
of public benefit, the commissioner: 
A. May issue a full or partial approval of an application, with or without conditions; 
and 
B. For an application related to a state-owned solid waste disposal facility, shall 
conduct a review that is in accordance with the provisions of this section and is 
independent of any other contract or agreement between the State and the facility 
operator or any other party concerning the operation or development of the facility.' 
SUMMARY 
This amendment is the minority report of the committee. The amendment strikes the 
provisions in the bill that authorize the expansion of commerciallandfill facilities. 
The amendment makes the same changes as the majority report to the laws governing 
public benefit determinations by: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT~" to H.P. 646, L.D. 879 
1. Clarifying that waste used for daily cover, frost protection or stability must be 
used in accordance with all applicable rules and licenses; 
2. Requiring the applicant instead of the Commissioner of Environmental Protection 
to provide public notice of the filing of an application for public benefit determination 
and requiring the Department of Environmental Protection to accept written public 
comment during the course of processing the application; 
3. Requiring the commissioner to hold a public meeting on an application for a 
public benefit determination. Currently, the commissioner is authorized to hold a public 
meeting; 
4. 
Defining "immediate," "short-term" and "long-term" for the purpose of 
determining whether the capacity needs of the State are met. 
It requires the 
commissioner, when evaluating whether proposed facilities meet capacity needs of the 
State, to consider relevant local and regional needs as appropriate and the regional nature 
of the development and use of disposal capacity due to transportation distances and other 
factors; 
5. 
Adding as a standard for determining whether the facility will provide a 
substantial public benefit that the facility or expansion must promote the solid waste 
management hierarchy; 
6. Specifically authorizing the commissioner to issue a full or partial approval of an 
application, with or without conditions; 
7. Clarifying that the public benefit detennination review of a state-owned facility is 
a review that is independent of other contracts that may have been entered into between 
the State and the facility operator or any other party; and 
8. Specifying that the modification of a public benefit detem1ination is authorized if 
there has been a change in facility ownership or of the operator. 
FISCAL ;\OTE REQt;lRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07112 
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LD879 
LR 1486(03) 
An Act To Ensure Adequate Landfill Capacity in the State for Solid Waste 
Fiscal Note for Bill as Amended by Committee Amendment "8' ( H -ll.s] 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The bill prohibits the Department of Environmental Protection from acting on an application for a new or expanded 
solid waste disposal facility unless a substantial public interest determination has been made. The Department of 
Environmental Protection may incur a minor increase in costs due to an increase in required public meetings; these 
costs can be absorbed within existing budgeted resources. 
LR1486(03) - Fiscal Note - Page 1 of 1