An Act To Promote and Enhance State Policy To Preserve and Support Existing Methods of Disposal of Municipal Solid Waste
Maine Legislature, Session 126, LD 1483
Committee Amendment CA_A_S386 (Senate)
Amends: 38 MRSA §13

COMMITTEE AMENDMENT 'A " to S.P. 545, L.D. 1483, Bill, "An Act To 
Promote and Enhance State Policy To Preserve and Support Existing Methods of 
Disposal of Municipal Solid Waste" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Implement the Solid Waste Management Hierarchy' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §13lO-N, sub-§l, as amended by PL 2013, c. 243, §1, is 
further amended to read: 
1. Licenses. The department shall issue a license for a waste facility whenever it 
finds that: 
A. The facility will not pollute any water of the State, contaminate the ambient air, 
constitute a hazard to health or welfare or create a nuisance; 
B. In the case of a disposal facility, the facility provides a substantial public benefit, 
determined in accordance with subsection 3-A; afld 
C. In the case of a disposal facility or a solid waste processing facility that generates 
residue requiring disposal, the volume of the waste and the risks related to its 
handling and disposal have been reduced to the maximum practical extent by 
recycling and source reduction prior to disposal. This paragraph does not apply to the 
expansion of a commercial solid waste disposal facility that accepts only special 
waste for landfilling or to any other facility exempt from the requirements of 
subsection 5-A. The department shall find that the provisions of this paragraph are 
satisfied when the applicant demonstrates that the applicable requirements of 
subsection 5-A have been satisfied-;-; and 
D. 
The practices of the facility are consistent with the State's solid waste 
management hierarchy set forth in section 2101. The department shall adopt rules 
incorporating the State's solid waste management hierarchy as a review criterion for 
COMMITTEE AMENDMENT 
~~ 
~ 
COMMITTEE AMENDMENT" An to S.P. 545, L.D. 1483 
I 
II 
licensing approval under this subsection. Rules adopted pursuant to this paragraph 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Provides one-time funding for rulemaking in fiscal year 2014-15. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2013-14 
$0 
$0 
2014-15 
$4,000 
$4,000 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Environment and Natural Resources, replaces the bill and requires that the practices of an 
applicant for a waste facility license be consistent with the State's solid waste 
management hierarchy. This amendment also directs the Department of Environmental 
Protection to adopt rules incorporating the State's solid waste hierarchy as a review 
criterion for waste facility licensing approval. 
The amendment also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/03114 
;b/ac::.. 
LD 1483 
LR 1172(02) 
An Act To Promote and Enhance State Policy To Preserve and Support Existing Methods of Disposal 
of Municipal Solid Waste 
Fiscal Note for Bill as Amended by Committee Amendment 'lJ..' (s -38-(0) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
Projections 
FY 2015-16 
Projections 
FY 2016-17 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
$4,000 
$0 
$4,000 
$0 
The bill includes a one-time General Fund appropriation of $4,000 in FY 15 to the Department of Environmental 
Protection for rulemaking. 
LRll72(02) - Fiscal Note - Page 1 of 1 
$0 
$0