An Act To Ensure Landfill Capacity and Promote Recycling
Maine Legislature, Session 126, LD 1363
Committee: Environment and Natural Resources
Sponsors: CHIPMAN, PATRICK, CAMPBELL, DORNEY, GUERIN, LIBBY, MITCHELL, PEAVEY HASKELL, GRATWICK, WHITTEMORE
Amends: 38 MRSA §1310-N, 38 MRSA §1310-U, 38 MRSA §1310-A

Legislative Document 
No. 1363 
H.P. 971 
House of Representatives, April 9, 2013 
An Act To Ensure Landfill Capacity and Promote Recycling 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative CHIPMAN of Portland. 
Cosponsored by Senator PATRICK of Oxford and 
Representatives: CAMPBELL of Orrington, DORNEY of Norridgewock, GUERIN of 
Glenburn, LIBBY of Lewiston, MITCHELL of the Penobscot Nation, PEAVEY HASKELL of 
Milford, Senators: GRATWICK of Penobscot, WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1310-N, sub-§11, as enacted by PL 2007, c. 414, §3, is 
amended to read: 
11.  Waste generated within the State.  Consistent with the Legislature's findings in 
section 1302, a solid waste disposal facility owned by the State may not be licensed to 
accept waste that is not waste generated within the State. For purposes of this subsection, 
"waste generated within the State" includes residue and bypass generated by incineration, 
processing and recycling facilities within the State or only if the residue or bypass is 
generated from waste that originated in the State, waste, whether generated within the 
State or outside of the State, if it is used for daily cover, frost protection or stability or is 
and waste generated within 30 miles of the solid waste disposal facility. 
Sec. 2.  38 MRSA §1310-U, as amended by PL 2011, c. 655, Pt. GG, §15 and 
affected by §70, is further amended to read: 
§1310-U.  Municipal ordinances 
Municipalities are not prohibited from enacting stricter standards than those 
contained in this chapter and in the solid waste management rules adopted pursuant to 
this chapter governing the hydrogeological criteria for siting or designing solid waste 
disposal facilities or governing the engineering criteria related to waste handling and 
disposal areas of a solid waste disposal facility.  Except as provided in section 2173, 
municipalities are further prohibited from enacting or applying ordinances that regulate 
solid waste disposal facilities owned by the State or a state agency or a regional 
association. 
Under the municipal home rule authority granted by the Constitution of Maine, 
Article VIII, Part Second and Title 30-A, section 3001, municipalities, except as provided 
in this section, may enact ordinances with respect to solid waste facilities that contain 
standards the municipality finds reasonable, including, without limitation, conformance 
with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard 
outside the facility; distance from existing residential, commercial or institutional uses; 
ground water protection; surface water protection; erosion and sedimentation control; and 
compatibility of the solid waste facility with local zoning and land use controls, provided 
that the standards are not more strict than those contained in this chapter and in chapter 3, 
subchapter I, articles 5-A and 6 and the rules adopted under these articles.  Municipal 
ordinances must use definitions consistent with those adopted by the board. 
A municipality adopting an ordinance under this section shall forward a copy of the 
ordinance to the commissioner within 30 days of its adoption. 
Sec. 3.  38 MRSA §1310-AA, sub-§1-A, ¶D, as amended by PL 2011, c. 566, 
§2, is further 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 only if the residue or bypass is generated from waste that originated 
in 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. 4.  Moratorium on licenses for solid waste disposal facilities.  
Notwithstanding the provisions of the Maine Revised Statutes, Title 1, section 302, the 
Department of Environmental Protection may not issue a license for an expanded solid 
waste disposal facility that is a landfill until one year after the effective date of this Act.  
This section applies to any application for an expanded solid waste disposal facility that is 
a landfill pending on or filed after the effective date of this Act. 
Sec. 5.  Study.  The Department of Environmental Protection shall study and 
identify best practices to reduce the amount of solid waste disposed in landfills in the 
State, increase recycling of solid waste in the State and generate revenue from recycling 
for municipalities.  The study must include an evaluation of the origin, destination, 
quantity and composition of waste originating out of the State and disposed in landfills in 
the State.  The cost of the study is an administrative expense and must be funded by fees 
imposed pursuant to the Maine Revised Statutes, Title 38, chapter 24, subchapter 7, 
article 2.  The fees imposed pursuant to Title 38, chapter 24, subchapter 7, article 2 may 
not be increased to fund the study.  The department shall report its findings to the Joint 
Standing Committee on Environment and Natural Resources no later than January 3, 
2014 and the committee may submit legislation based on the department's study to the 
SUMMARY 
This bill amends the definition of waste generated in the State by providing that 
residue and bypass must have been generated from waste that originated in the State to be 
considered waste generated in the State.  The bill also allows municipalities to enact 
ordinances with respect to solid waste facilities that contain standards that are stricter 
than state law.  The bill also imposes a one-year moratorium on the issuance of licenses 
for expanded landfills.  It directs the Department of Environmental Protection to study 
and identify best practices to reduce the amount of solid waste disposed in landfills, 
increase recycling of solid waste and generate revenue from recycling for municipalities.  
The department is required to report its findings to the Joint Standing Committee on 
Environment and Natural Resources.