An Act To Allow Municipalities To Contract with and Dispose of Waste, including Residue, in State-owned Solid Waste Disposal Facilities, as Allowed under a Facility License, To Ensure Compliance with the Solid Waste Management Hierarchy
Maine Legislature, Session 127, LD 1194
Committee: Environment and Natural Resources
Sponsors: CUSHING, GRATWICK, LANGLEY, SAVIELLO, DAVITT, GILLWAY, REED, TUCKER
Amends: 38 MRSA §2184, 38 MRSA §2185

Legislative Document 
No. 1194 
S.P. 421 
In Senate, April 1, 2015 
An Act To Allow Municipalities To Contract with and Dispose of 
Waste, including Residue, in State-owned Solid Waste Disposal 
Facilities, as Allowed under a Facility License, To Ensure 
Compliance with the Solid Waste Management Hierarchy 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator CUSHING of Penobscot. 
Cosponsored by Senators: GRATWICK of Penobscot, LANGLEY of Hancock, SAVIELLO of 
Franklin, Representatives: DAVITT of Hampden, GILLWAY of Searsport, REED of Carmel, 
TUCKER of Brunswick. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §2184, sub-§4 is enacted to read: 
4.  State-owned facilities.  Notwithstanding any other provision of law to the 
contrary, a municipality or regional association may enter into a contract or agreement 
with the owner or operator of a state-owned solid waste disposal facility to utilize the 
facility for managing solid waste generated within the State, including for the disposal of 
residue from a solid waste processing facility. 
Sec. 2.  38 MRSA §2185 is enacted to read: 
§2185.  Contracts or agreements involving state-owned facilities 
Notwithstanding any other provision of law to the contrary, the owner or operator of 
a state-owned solid waste disposal facility may not enter into, implement or enforce a 
contract or agreement with any person that prohibits, directly or indirectly, a municipality 
or regional association from entering into a contract or agreement with the owner or 
operator of the facility to utilize the facility for managing solid waste generated within the 
State, including for the disposal of residue from a solid waste processing facility. 
SUMMARY 
This bill ensures compliance with the solid waste management hierarchy established 
in the Maine Revised Statutes, Title 38, section 2101 by authorizing a municipality or 
regional association to enter into a contract or agreement with the owner or operator of a 
state-owned solid waste disposal facility in order to utilize the facility for managing solid 
waste generated within the State, including for the disposal of residue from a solid waste 
processing facility.  This bill also prohibits the owner or operator of a state-owned solid 
waste disposal facility from entering into, implementing or enforcing a contract or 
agreement with any person to prohibit, directly or indirectly, a municipality or regional 
association from entering into a contract or agreement with the owner or operator of the 
facility to utilize the facility for managing solid waste generated within the State, 
including for the disposal of residue from a solid waste processing facility.