An Act To Ensure Adequate Landfill Capacity in the State for Solid Waste
Maine Legislature, Session 125, LD 0879
Committee: Environment and Natural Resources
Sponsors: CURTIS, WHITTEMORE, BECK, DUCHESNE, GOODALL, SAVIELLO, SCHNEIDER, THOMAS
Amends: 38 MRSA §1310-X

Legislative Document 
No. 879 
H.P. 646 
House of Representatives, March 7, 2011 
An Act To Ensure Adequate Landfill Capacity in the State for Solid 
Waste 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CURTIS of Madison. 
Cosponsored by Senator WHITTEMORE of Somerset and 
Representatives: BECK of Waterville, DUCHESNE of Hudson, McCABE of Skowhegan, 
Senators: GOODALL of Sagadahoc, SAVIELLO of Franklin, SCHNEIDER of Penobscot, 
THOMAS of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1310-X, sub-§3, as amended by PL 1995, c. 68, §1 and c. 
465, Pt. A, §21 and affected by Pt. C, §2, is further amended to read: 
3.  Expansion of facilities.  The department may license an expansion of a 
commercial solid waste disposal or biomedical waste disposal or treatment facility after 
September 30, 1989 if: 
A.    The department has previously licensed the facility prior to October 6, 1989; 
B.    The department determines that the proposed expansion is contiguous with the 
existing facility and 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; 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 commercial landfill 
facility that is not under order or agreement to close, is located on property 
owned by the licensee; and 
C.    For a commercial solid waste disposal facility the commissioner or the 
department determines as provided in section 1310-N, subsection 3-A that the facility 
provides a substantial public benefit. 
The department may not process or act upon any application or license an expansion of a 
commercial landfill facility pursuant to this subsection: before March 1, 2011; until the 
applicant demonstrates to the department that it is in full compliance with the host 
community agreement pursuant to section 1310-N, subsection 9, if any, on the existing 
facility; and until a host community agreement amendment is executed to account for the 
proposed expansion. 
An expanded facility may not receive a property tax exemption on real or personal 
property. 
SUMMARY 
This bill amends the law regarding expansion of commercial solid waste disposal 
facilities and biomedical waste disposal or treatment facilities by authorizing a 
commercial landfill facility 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 person holding the commercial solid waste disposal facility license.  It 
clarifies that an expanded facility may not receive a property tax exemption on real or 
personal property, and it provides that the department may not process or act upon any 
application until certain conditions are met.