An Act To Clarify Solid Waste Policy
Maine Legislature, Session 126, LD 0694
Committee: Environment and Natural Resources
Sponsors: CAIN, DILL, BOYLE, GRATWICK, YOUNGBLOOD, PEAVEY HASKELL, TIPPING-SPITZ
Amends: 38 MRSA §1302, 38 MRSA §1310-N, 38 MRSA §1310-A

Legislative Document 
No. 694 
S.P. 243 
In Senate, February 26, 2013 
An Act To Clarify Solid Waste Policy 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator CAIN of Penobscot. 
Cosponsored by Representative DILL of Old Town and 
Senators: BOYLE of Cumberland, GRATWICK of Penobscot, YOUNGBLOOD of Penobscot, 
Representatives: PEAVEY HASKELL of Milford, TIPPING-SPITZ of Orono. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there may be applications for modifications to the type or volume of solid 
waste accepted at existing solid waste facilities prior to the expiration of the 90-day 
period; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1302, 3rd ¶, as repealed and replaced by PL 1989, c. 585, Pt. 
E, §2, is amended to read: 
The Legislature finds that it is in the best interests of the State to prefer waste 
management options with lower health and environmental risk and to ensure that such 
options are neither foreclosed nor limited by the State's commitment to disposal methods.  
The Legislature declares that it is in the public interest to aggressively promote waste 
reduction, reuse and recycling as the preferred methods of waste management.  The 
Legislature further finds that the highest and best use of a state-owned solid waste facility 
is for those permitted special wastes that cannot be handled by these preferred methods of 
waste management. 
Sec. 2.  38 MRSA §1310-N, first ¶, as repealed and replaced by PL 1993, c. 680, 
Pt. A, §37 and amended by PL 2011, c. 682, §38, is further amended to read: 
No A person may not locate, establish, construct, expand the disposal capacity of, 
change the type or volume of waste accepted by or operate any solid waste facility unless 
approved by the department under the provisions of this chapter.  When the proposed 
facility is located within the jurisdiction of the Maine Land Use Planning Commission, in 
addition to any other requirement, the department shall require compliance with existing 
standards of the commission. 
Sec. 3.  38 MRSA §1310-AA, sub-§1, as enacted by PL 1995, c. 465, Pt. A, §22 
and affected by Pt. C, §2, is amended to read: 
1.  Application for public benefit determination.  Prior to submitting an application 
under section 1310-N for a license for a new or expanded solid waste disposal facility, a 
person must apply to the commissioner for a determination of whether the proposed 
facility or the proposed modification to the type or volume of waste accepted provides a 
substantial public benefit. 
Sec. 4.  38 MRSA §1310-AA, sub-§5, as amended by PL 2011, c. 566, §6, is 
further 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 or a change in the type or volume of the waste accepted.  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. 5.  38 MRSA §1310-AA, sub-§6, as enacted by PL 2009, c. 348, §2 and 
affected by §3, is amended to read: 
6.  Substantial public benefit.  The department may not process or act upon any 
application for a new or expanded solid waste disposal facility or for a proposed 
modification to the type or volume of waste accepted by the solid waste disposal facility 
owned by the State pending before the department on or after January 15, 2009 unless the 
commissioner determines, in accordance with this section, that the proposed facility or 
the proposed modification to the type or volume of waste accepted provides a substantial 
public benefit. 
Sec. 6.  Application.  Notwithstanding the Maine Revised Statues, Title 1, section 
302, this Act applies to applications for licenses or permits pending on the effective date 
of this Act. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1.  Amends the declaration of policy in the laws governing waste management to 
provide that the Legislature finds that the highest and best use of a state-owned solid 
waste facility is for those permitted special wastes that cannot be handled by waste 
reduction, reuse and recycling, which are the preferred methods of waste management; 
and  
2.  Provides that a change in the type or volume of waste accepted by a facility 
requires approval by the Department of Environmental Protection and a public benefit 
determination.