An Act To Expand Eligibility of Certain Municipal Landfills To Participate in the State's Remediation and Closure Program
Maine Legislature, Session 125, LD 0262
Committee: Environment and Natural Resources
Sponsors: JOHNSON, THOMAS, DAVIS
Amends: 38 MRSA §1310-F

Legislative Document 
No. 262 
H.P. 215 
House of Representatives, February 1, 2011 
An Act To Expand Eligibility of Certain Municipal Landfills To 
Participate in the State's Remediation and Closure Program 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative JOHNSON of Greenville. 
Cosponsored by Senator THOMAS of Somerset and 
Representative: DAVIS of Sangerville. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1310-F, sub-§1-B, as repealed and replaced by PL 1997, c. 
479, §1, is amended to read: 
1-B.  Closure cost-share fraction.  Subject to the availability of funds, the 
commissioner shall issue grants or payments for the following percentages of landfill 
closure costs incurred by municipalities. 
A.  The state cost share is 75% of closure costs incurred before July 1, 1994. 
B.    The state cost share is 50% of landfill cover costs and 75% of other closure costs 
incurred on or after July 1, 1994 and before January 1, 1996. 
C.  The state cost share is 30% of landfill cover costs and 75% of other closure costs 
incurred on or after January 1, 1996 and before January 1, 2000. 
D.  Notwithstanding paragraphs B and C, the state cost share is 75% of closure costs, 
including landfill cover costs, incurred on or after July 1, 1994 and before January 1, 
2000, if: 
(1)  The costs are incurred pursuant to a written agreement between the 
municipality and the department executed before July 1, 1994; or 
(2)  The commissioner determines that the closure work was delayed for reasons 
beyond the control of the municipality and the costs are identified in and incurred 
pursuant to a written agreement between the municipality and the department. 
E.  Notwithstanding paragraphs B, C and D, the state cost share is 75% of closure 
costs, including landfill cover costs, incurred on or after July 1, 1994 and before 
December 31, 2015, if: 
(1)  The commissioner originally issued a license on or before September 1, 1989 
for operation of the landfill and found that the landfill met the design 
requirements and environmental protection standards at the time of licensing; and 
(2)  The commissioner has since determined that the landfill or portion of the 
landfill must be closed based on the finding that the landfill is contaminating 
groundwater and that corrective actions have not been successful. 
The state cost share is 0% of landfill closure costs incurred on or after January 1, 2000, 
except that the commissioner may issue grants or payments as provided in paragraph E or 
for 30% of those costs if incurred pursuant to an alternative closure schedule commitment 
executed before January 1, 2000, and if specifically identified in a department order or 
license, schedule of compliance or consent agreement. 
As used in this subsection, "landfill cover costs" means the cost of materials and the cost 
of placement of materials associated with the physical construction of that portion of a 
cover over a landfill that meets the minimum landfill cover permeability of 1 x 
10(-5)cm./sec. and the thickness standards of 40 Code of Federal Regulations, Part 258, 
Section 258.60(a). 
SUMMARY 
This bill allows municipal landfills that were allowed to remain in operation after 
January 1, 2000 but are subsequently ordered closed or encapsulated by December 31, 
2015 because they do not meet current environmental protection standards to receive 
funding from the State's remediation and closure program for a portion of closure costs if 
funding is available.  It also makes the State's cost-share program for municipal landfill 
closure applicable to municipal landfills that were originally licensed on or before 
September 1, 1989 and contingent on a finding that the landfill is contaminating 
groundwater and that corrective actions have not been successful.