Resolve, Regarding Legislative Review of Portions of Chapter 418: Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, a Major Substantive Rule of the Department of Environmental Protection
Maine Legislature, Session 128, LD 1797
Committee Amendment CA_A_H670 (House)

COMMITTEE AMENDMENT "A" to H.P. 1242, L.D. 1797, "Resolve, Regarding 
Legislative Review of Portions of Chapter 418: Maine Solid Waste Management Rules: 
Beneficial Use of Solid Wastes, a Major Substantive Rule of the Department of 
Environmental Protection" 
Amend the resolve by striking out everything after the emergency preamble and 
before the emergency clause and inserting the following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 418: 
Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, a provisionally 
adopted major substantive rule of the Department of Environmental Protection that has 
been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-A, is authorized only if the following changes are made: 
. 1. The rule must be amended in Section 3(S), Section 5, Section 6(B), Appendix C 
and in any other affected sections of the rule relating to the beneficial use of emulsified 
asphalt encapsulated contaminated soil to allow the beneficial use of emulsified asphalt 
encapsulated contaminated soil that is produced from soil contaminated with 
contaminants other than oil only upon the issuance of a beneficial use license pursuant to 
Section 9 of the rule; 
2. The rule must be amended to authorize the department to require a beneficial use 
licensee authorized pursuant to the rule to use secondary material as construction fill to 
implement an environmental monitoring plan, subject to review and approval by the 
department; and 
3. All other necessary changes must be made to the rule to ensure conformity 
throughout the rule with the changes directed in this section.' 
SUMMARY 
This amendment amends the resolve by authorizing final adoption of portions of 
Chapter 418: Maine Solid Waste Management Rules: Beneficial Use of Solid Wastes, a 
major substantive rule of the Department of Environmental Protection that was submitted 
COMMITTEE AMENDMENT 
>Ii~ 
·~!; ,.,,, ":$) 
~ 
w,·" 
... 
COMMITTEE AMENDMENT "ff" to H.P. 1242, L.D. 1797 
to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375 
on January 12, 2018, but only if the following amendments to the rule are incorporated 
prior to final adoption: 
1. The rule is amended to allow the beneficial use of emulsified asphalt encapsulated 
contaminated soil that is produced from soils contaminated with contaminants other than 
oil only upon the issuance of a beneficial use license pursuant to the rule; and 
2. The rule is amended to authorize the department to require a beneficial use 
licensee authorized pursuant to the rule to use secondary material as construction fill to 
implement an environmental monitoring plan, subject _to review -and approval by the 
department. 
FISCAL :'\OT£ REQUIRED 
_(~~ ~-t.tached1 
COMMITTEE AMENDMENT 
Approved: 03/20/18 ;:&;rac 
LD 1797 
LR 2860(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 418: Maine Solid Waste Management 
Rules: Beneficial Use of Solid Wastes, a Major Substantive Rule of the Department of Environmental 
Protection 
I J 1
(J \ 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A' c rr -b ) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Flmds 
Any additional costs to the Department of Environmental Protection as a result of final adoption of provisionally 
adopted rules regarding the beneficial use of solid wastes are anticipated to be minor and can be absorbed within 
existing budgeted resources. 
LR2860(02) - Fiscal Note - Page 1 of 1