An Act To Implement Changes to Maine's Solid Waste Laws Pursuant to a Review of the State Waste Management and Recycling Plan
Maine Legislature, Session 129, LD 0112
Committee Amendment CA_A_H439 (House)
Amends: 38 MRSA §1303-C, 38 MRSA §2152-A, 38 MRSA §2156-A, 38 MRSA §1310-B, 38 MRSA §2101-A, 38 MRSA §2124-A, 38 MRSA §2133, 38 MRSA §2145

COMMITTEE AMENDMENT "A" to H.P. 94, L.D. 112, Bill, "An Act To 
Implement Changes to Maine's Solid Waste Laws Pursuant to a Review of the State 
Waste Management and Recycling Plan" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'PART A 
Sec. A-1. 38 MRSA §1303-C, sub-§1-C, as enacted by PL 2007, c. 338, §1 and 
affected by §5 and enacted by c. 414, §1, is amended to read: 
1-C. 
Bypass. 
"Bypass" means any solid waste that is destined for disposal, 
processing or beneficial use at a an operating solid waste facility but that cannot be 
disposed of, processed or beneficially used at that facility because of the facility's 
temporary malfunction, temporary insufficient capacity, temporary inability to process or 
burn, or temporary downtime or any other comparable reason. For the purposes of this 
subsection, "operating solid waste facility" means a licensed solid waste facility that is 
fully operational at the time that the malfunction, insufficient capacity, inability to 
process or bum or downtime begins and that intends to resume full operation at the time 
that the malfunction, insufficient capacity. inability to process or bum or downtime ends. 
Sec. A-2. 38 MRSA §2152-A is enacted to read: 
§2152-A. 
State-owned solid waste dis.posal facilities; purpose, management and 
operation; disposal of municipal solid waste 
1. Purpose of State-owned solid waste disposal facilities. The Legislature finds 
that the purpose of State-owned solid waste disposal facilities is to ensure that adequate 
disposal capacity is available for the disposal of solid waste generated within the State 
through the development of new disposal capacity for anticipated state disposal capacity 
needs and the operation of existing facilities to address current state disposal capacity 
needs. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A"to H.P. 94, L.D. 112 
2. Consistency with solid waste management hierarchy. The Legislature intends 
that all aspects of the management and operation of State-owned solid waste disposal 
facilities be conducted in a manner that maximizes alignment with the solid waste 
management hierarchy under section 2101. 
The bureau, the operators of State-owned solid waste disposal facilities and the 
department shall ensure that the acceptance of waste at State-owned solid waste disposal 
facilities is consistent with the hierarchy and that options for the management of such 
waste that represent a higher priority on the hierarchy are not otherwise reasonably 
available. 
3. 
Disposal of municipal solid waste at State-owned solid waste disposal 
facilities;' department authorization criteria; department limitation of disposal. The 
Legislature intends that the State prioritize the disposal at State-owned solid waste 
disposal facilities of special wastes for which there are limited disposal options in the 
State and minimize the disposal at State-owned solid waste disposal facilities of non-
bypass, unprocessed municipal solid waste. In accordance with this intent and with the 
provisions of this chapter and chapter 13, the department may: 
A. Authorize the land disposal of non-bypass. unprocessed municipal solid waste at a 
State-owned solid waste disposal facility only when: 
(1) A specific need for the disposal has been identified by the bureau and the 
operator of the facility: 
(2) The disposal is consistent with the solid waste management hierarchy under 
section 2101. as determined by the department: and 
(3) Options for the management of the waste that represent a higher priority on 
the hierarchy are not otherwise reasonably available, as determined by the 
department: and 
B. Limit the volume of municipal solid waste disposed of at a State-owned solid 
waste disposal facility and the duration of such disposal through the imposition of 
such limitations under the facility's license. 
Sec. A-3. 38 MRSA §2156-A, sub-§1, as amended by PL 2011, c. 655, Pt. GG, 
§43 and affected by §70, is further amended to read: 
1. Planning for development. The bureau, in consultation with the department, 
shall plan for the development of facilities sufficient to meet anticipated unmet needs for 
municipal solid waste and special waste identified in the state plan and any revisions to 
the plan and to serve all geographic areas of the State. The bureau, in consultation ',vith 
the department, may plan for th@ development of facilities suffieioot to meet needs for 
special wast@ idootifi@d in the state plan and any rnvisions to the plan and to serve all 
eeoirranhic areas of the State. 
PARTB 
Sec. B-1. 38 MRSA §1310-B, sub-§2, as amended by PL 2015, c. 250, Pt. C, 
§ 10, is further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 94, L.D. 112 
2. Hazardous waste information and information on mercury-added products 
and electronic devices; chemicals; recyclables. 
Information relating to hazardous 
waste submitted to the department under this subchapter, information relating to mercury-
added products submitted to the department under chapter 16-B, information relating to 
electronic devices submitted to the department under section 1610, subsection 6-A, 
information related to priority toxic chemicals submitted to the department under chapter 
BFi information related to products that contain the 
11deca
mixture of polybrominated 
diphenyl ethers submitted to the department under section 1609 or information related to 
reporting on reportable recyclable materials submitted to the department under section 
2145 may be designated by the person submitting it as being only for the confidential use 
of the department, its agents and employees, the Department of Agriculture, Conservation 
and Forestry and the Department of Health and Human Services and their agents and 
employees, other agencies of State Government, as authorized by the Governor, 
employees of the United States Environmental Protection Agency and the Attorney 
General and, for waste information, employees of the municipality in which the waste is 
located. The designation must be clearly indicated on each page or other portion of 
information. The commissioner shall establish procedures to ensure that information so 
designated is segregated from public records of the department. The department's public 
records must include the indication that information so designated has been submitted to 
the department, giving the name of the person submitting the information and the general 
nature of the information. Upon a request for information, the scope of which includes 
info11nation so designated, the commissioner shall notify the submittor. Within 15 days 
after receipt of the notice, the submittor shall demonstrate to the satisfaction of the 
department that the designated information should not be disclosed because the 
information is a trade secret or production, commercial or financial information, the 
disclosure of which would impair the competitive position of the submittor and would 
make available info1mation not otherwise publicly available. 
Unless such a 
demonstration is made, the information must be disclosed and becomes a public record. 
The department may grant or deny disclosure for the whole or any pa1i of the designated 
information requested and within 15 days shall give written notice of the decision to the 
submittor and the person requesting the designated information. A person aggrieved by a 
decision of the department may appeal only to the Superior Court in accordance with the 
provisions of section 346. 
All information provided by the department to the 
municipality under this subsection is confidential and not a public record under Title 1, 
chapter 13. In the event a request for such information is submitted to the municipality, 
the municipality shall submit that request to the commissioner to be processed by the 
department as provided in this subsection. 
Sec. B-2. 38 MRSA §2101-A, sub-§§4 and 5 is enacted to read: 
4. Recycling establishment. "Recycling establishment" means an establishment 
engaged in the marketing, brokering or purchasing of reportable recyclable materials 
generated in the State. "Recycling establishment" does not include an establishment that 
directs all reportable recyclable materials it markets, brokers or purchases to brokers and 
purchasers that are located in the State. 
5. Reportable recyclable materials. "Reportable recyclable materials" means any 
of the following categories of recyclable materials that are separated from household, 
commercial or institutional waste and that are delivered to a recycling establishment for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "/J" to H.P. 94, L.D. 112 
recycling: glass; cardboard, paper and paper products: plastic and plastic products: 
cartons, laminated materials and other packaging; nonferrous and ferrous metals, 
including white goods: textiles: and mixed streams of recyclable materials that include 
any combination of the materials listed in this subsection. 
Sec. B-3. 38 MRSA §2124-A, first~' as amended by PL 2017, c. 376, §2, is 
further amended to read: 
By January 1, ~ 
2021 and biennially thereafter, the department shall submit a 
report to the joint standing committee of the Legislature having jurisdiction over 
environmental and natural resources matters and the Governor setting forth information 
on statewide generation of solid waste, statewide recycling rates and available disposal 
capacity for solid waste. 
Sec. B-4. 38 MRSA §2133, sub-§7, as amended by PL 2011, c. 655, Pt. GG, §33 
and affected by §70, is futther amended to read: 
7. Recycling progress reports. Municipalities shall report annually biennially. on 
forms provided by the department, on their solid waste management and recycling 
practices. The atlffilal biennial report must include ho1N muoh of eaoh type of solid waste 
is g®erated and how that solid waste is managed identify the options available to 
residents and businesses within the municipality for managing solid waste, including any 
provisions for the separate management of reportable recyclable materials and organic 
waste and the disposal of other municipal solid waste, including construction and 
demolition debris. 
The department shall assist municipal reperting municipalities in 
developing and tracking a municipal or regional recycling rate by developing a municipal 
waste stream management assessment model. The model must rely on actual waste data 
whenever possible, but incorporate default generation estimates when needed. Default 
generation estimates must incorporate factors such as commercial activity, geographical 
differences and municipal population. 
Sec. B-5. 38 MRSA §2145 is enacted to read: 
§2145. Recycling reporting 
1. Reporting requirement. Beginning March 1, 2020 and annually thereafter, a 
recycling establishment shall report to the department regarding its recycling of 
reportable recyclable materials generated in the State. The report must be on a form 
provided by or a format approved by the department and must include: 
A. The business name, mailing address, physical address, e-mail address, contact 
person and telephone number of the recycling establishment: 
B. 
The amount in tons of each category of reportable recyclable materials, by 
generator, received by the recycling establishment; and 
C. 
The amount in tons of each category of reportable recyclable materials, by 
destination, shipped by the recycling establishment. 
The report must specify the quantity of reportable recyclable materials required to be 
reported under paragraphs B and C delineated into distinct material types to the extent 
possible. 
If the report specifies the quantity of reportable recyclable materials as 
determined using a volume-to-weight conversion formula, the report must include that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 11 "to H.P. 94, L.D. 112 
conversion formula for review and approval by the department. The report may provide 
an aggregate quantity for multiple locations operated by a recycling establishment as long 
as the report specifically identifies each location used in determining the aggregate 
quantity. 
The department shall establish reporting guidelines to ensure that reportable recyclable 
materials to be included in a report under this subsection are not counted more than once. 
2. Data aggregation. The department shall aggregate data contained within the 
reports submitted under this section for the purpose of determining statewide quantities of 
reportable recyclable materials recycled. 
3. Confidentiality. Information submitted to the department pursuant to this section 
may be designated as confidential by the submitting party in accordance with the 
provisions of section 1310-B and. if the information is so designated. the provisions of 
section 1310-B apply.' 
SUMMARY 
This amendment replaces the bill, which is a concept draft, and makes the following 
changes to the State's solid waste management laws. 
Part A of the amendment: 
1. Amends a definition in the State's solid waste management laws for the term 
"bypass 
; 
2. Specifies through legislative findings and statements of legislative intent that the 
purpose, management and operation of State-owned solid waste disposal facilities must 
be consistent with the solid waste management hierarchy under the Maine Revised 
Statutes, Title 38, section 2101; 
3. Stipulates that the Department of Environmental Protection may authorize the land 
disposal of non-bypass, unprocessed municipal solid waste at State-owned solid waste 
disposal facilities only when a specific need for the disposal has been identified by the 
Department of Administrative and Financial Services, Bureau of General Services and the 
facility operator, the disposal is consistent with the solid waste management hierarchy 
and options for the management of the waste that represent a higher priority on the 
hierarchy are not otherwise reasonably available; and 
4. Authorizes the Department of Environmental Protection to limit the volume of 
municipal solid waste disposed of at a State-owned solid waste disposal facility and the 
duration of such disposal through imposition of such limitations under the facility's 
license. 
Part B of the amendment: 
1. Requires that, beginning March 1, 2020 and annually thereafter, a recycling 
7 
establishment engaged in the marketing, brokering or purchasing of recyclable materials 
8 
generated in the State report to the department regarding its recycling of such materials; 
2. 
Clarifies the existing recycling reporting requirement for municipalities and 
changes the reporting to biennial rather than annual; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 94, L.D. 112 
3. Changes the existing due date for the department's report on statewide generation 
of solid waste, recycling rates and available disposal capacity to the joint standing 
committee of the Legislature having jurisdiction over environmental and natural 
resources matters from January 1, 2020 and biennially thereafter to January 1, 2021 and 
biennially thereafter. 
/ 
FISCAL NOTE REQ1J1RED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 05/23/19 feac 
LD 112 
LR 1811(02) 
An Act To Implement Changes to Maine's Solid Waste Laws Pursuant to a Review of the State Waste 
Management and Recycling Plan 
Fiscal Note for Bill as Amended by Committee Amendment ,,4( JI -Y3~ 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection as a result of changes to the laws governing the 
management, reduction and recycling of solid waste are anticipated to be minor and can be absorbed within existing 
budgeted resources. 
LR1811(02) - Fiscal Note - Page 1 of 1