An Act To Preserve State Landfill Capacity and Promote Recycling
Maine Legislature, Session 129, LD 0401
Committee Amendment CA_A_H712 (House)
Amends: 38 MRSA §1303-C, 38 MRSA §1310-N, 38 MRSA §1310-A

COMMITTEE AMENDMENT "A,' to H.P. 310, L.D. 401, Bill, "An Act To 
Preserve State Landfill Capacity and Promote Recycling" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §1303-C, sub-§6, as amended by PL 2011, c. 655, Pt. GG, §7 
and affected by §70, is further amended to read: 
6. Commercial solid waste disposal facility. "Commercial solid waste disposal 
facility" means a solid waste disposal facility except as follows: 
A-2. A solid waste facility that is owned by a public waste disposal corporation 
under section 1304-B, subsection 5: 
(1) As long as the public waste disposal corporation controls the decisions 
regarding the type and source of waste that is accepted, handled, treated and 
disposed of at the facility; and 
(2) If the facility is a solid waste landfill, the facility accepts only waste that-is 
generated within the State unless the commissioner finds that the acceptance of 
waste that is not waste generated within the State provides a substantial public 
benefit pursuant to section 1310-AA, subsection 1-A; 
B-2. A solid waste facility that is owned by a municipality under section 1305: 
(1) As long as the municipality controls the decisions regarding the type and 
source of waste that is accepted, handled, treated and disposed of at the facility; 
and 
(2) If the facility is a solid waste landfill, the facility accepts only waste that-is 
generated within the State unless: 
(a) The commissioner finds that the acceptance of waste that is not waste 
generated within the State provides a substantial public benefit pursuant to 
section 1310-AA, subsection 1-A; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A' to H.P. 310, L.D. 401 
(b) Acceptance of waste that is not waste generated within the State is 
approved by a majority of the voters of the municipality by referendum 
election; 
C-2. A solid waste facility that is owned by a refuse disposal district under chapter 
17: 
(1) As long as the refuse disposal district controls the decisions regarding the 
type and source of waste that is accepted, handled, treated and disposed of at the 
facility; and 
(2) If the facility is a solid waste landfill, the facility accepts only waste that--is-
generated within the State unless the commissioner finds that the acceptance of 
waste that is not waste generated within the State provides a substantial public 
benefit pursuant to section 1310-AA, subsection 1-A; 
D. Beginning January 1, 2007, a solid waste facility owned and controlled by the 
Department of Administrative and Financial Services, Bureau of General Services 
under chapter 24; 
E. A solid waste facility owned and controlled by a single entity that: 
(1) Generates at least 85% of the solid waste disposed of at a facility, except that 
the facility may accept from other sources, on a nonprofit basis, an amount of 
solid waste that is no more than 15% of all solid waste accepted on an annual 
basis; or 
(2) Is an owner of a manufacturing facility that has, since January 1, 2006, 
generated at least 85% of the solid waste disposed of at the solid waste facility, 
except that one or more integrated industrial processes of the manufacturing 
facility are no longer in common ownership, and those integrated industrial 
processes will continue to generate waste that will continue to be disposed of at 
the solid waste facility. This exemption only applies if the source and type of 
waste disposed of at the solid waste facility remains the same as that previously 
disposed of by the single entity. 
For the purposes of this paragraph, "single entity" means an individual, partnership, 
corporation or limited liability corporation that is not engaged primarily in the 
business of treating or disposing of solid waste or special waste. This paragraph does 
not apply if an individual partner, shareholder, member or other ownership interest in 
the single entity disposes of waste in the solid waste facility. 
A waste facility 
receiving ash resulting from the combustion of municipal solid waste or refuse-
derived fuel is not exempt from this subsection solely by operation of this paragraph. 
For purposes of this paragraph, 
"integrated industrial processes" means 
manufacturing processes, equipment or components, including, but not limited to, 
energy generating facilities, that when used in combination produce one or more 
manufactured products for sale; or 
F. A private corporation that accepts material-separated, refuse-derived fuel as a 
supplemental fuel and does not burn waste other than its own. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 4• to H.P. 310, L.D. 401 
For purposes of this subsection, "v1aste that is generated withla the Sta-te" includes 
residue and bypass generated by incineration, processing and recyclin-g facilities within 
the State or waste whether generated within the State or outside of the State if it is used 
for daily cover, frost protection or stability or is generated vl:ithin 30 miles of the solid 
waste disposal facility. 
Sec. 2. 38 MRSA §1303-C, sub-§22-A is enacted to read: 
22-A. Recycling facility. "Recycling facility" means a facility engaged exclusively 
in the recycling of materials. 
Sec. 3. 38 MRSA §1303-C, sub-§40-A is enacted to read: 
40-A. Waste generated within the State. 
"Waste generated within the State" 
means: 
A. Waste initially generated within the State: 
B. Residue generated by an incineration facility or a recycling facility that is located 
within the State, regardless of whether the waste incinerated or processed by that 
facility was initially generated within the State or outside the State: 
C. Residue generated by a solid waste processing facility that is located within the 
State. regardless of whether the waste processed by that facility was initially 
generated within the State or outside the State, as long as: 
(1) The residue is used at a solid waste landfill for daily cover, frost protection or 
other operational or engineering-related purpose. including, but not limited to, 
landfill shaping or grading, and such use has been approved by the department 
under the landfill's license and such use complies with all applicable rules of the 
department and all applicable conditions of the landfill's license; and 
(2) 
The use of the residue under subparagraph (1) complies with the 
requirements of section 1310-N. subsection 5-A, paragraph B, subparagraph (2); 
D. Residue generated by a solid waste processing facility that is located within the 
State. regardless of whether the waste processed by that facility was initially 
generated within the State or outside the State. as long as: 
(1) The residue does not meet the requirements of paragraph C; and 
(2) The residue is generated by the facility only as an ancillary result of the 
facility's processing operations: and 
E. Residue generated by a solid waste processing facility that is located within the 
State, regardless of whether the waste processed by that facility was initially 
generated within the State or outside the State, as long as: 
(1) The residue does not meet the requirements of paragraph C or D; 
(2) The residue is not considered recycled under section 1310-N, subsection 5-A, 
paragraph B, subparagraph (2) and is disposed of at a solid waste landfill; and 
(3) The solid waste processing facility is in compliance with the requirements of 
section 1310-N. subsection 5-A, paragraph B, subparagraph (2). 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 4" to H.P. 310, L.D. 401 
Sec. 4. 38 MRSA §1310-N, sub-§5-A, ,r.B, as amended by PL 2009, c. 412, Pt. 
A, §1, is further amended by amending subparagraph (2) to read: 
(2) A solid waste processing facility that generates residue requiring disposal 
shall recycle or process into fuel for combustion all waste accepted at the facility 
to the maximum extent practicable, but in no case at a rate less than 50%. For 
purposes of this subsection, "recycle" includes, but is not limited to, reuse of 
'Naste as shaping, grading or alternative daily eo•;er materials at landfills; 
aggregate material in eonstruetion; and boiler fuel s:absti-tl:ltes the reuse of waste 
generated within the State as defined in section 1303-C. subsection 40-A, 
paragraph C; the recovery of metals from waste; the use of waste or waste-
derived product as material substitutes in construction; and the use of waste as 
boiler fuel substitutes. 
At least 50% of the waste that a solid waste processing facility characterizes as 
recycled under this subparagraph must have been reused or recycled by the 
facility through methods other than placement of the waste in a solid waste 
landfill. except that a solid waste processing facility that was in operation during 
calendar year 2018. that accepts exclusively construction and demolition debris 
and that accepted more than 200.000 tons of such debris in calendar year 2018 
shall: 
(a) Reuse or recycle at least 15% of such debris through methods other than 
placement in a solid waste landfill by January 1. 2022; and 
(b) Reuse or recycle at least 20% of such debris through methods other than 
placement in a solid waste landfill by January 1. 2023. 
A solid waste processing facility that was in operation during calendar year 2018. 
that accepts exclusively construction and demolition debris and that accepted 
more than 200,000 tons of such debris in calendar year 2018 may request and the 
department may grant a waiver of the applicable provisions of this subparagraph 
for a specified period of time if the facility is able to demonstrate that compliance 
with the applicable provisions of this subparagraph would result in an 
unreasonable adverse impact on the facility. The demonstration may include 
results of a 3rd-party audit of the facility. In determining whether to grant such a 
waiver request. the department may consider trends in local. regional. national 
and international markets; the availability and cost of technologies and services; 
transportation and handling logistics; and overall costs that may be associated 
with various waste handling methods. 
Sec. 5. 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 s:abseetion, 
'\vaste generated within the State" ineludes residue and bypass generated by ineineration, 
processing and reeyeling facilities within the State or waste, ·.vhether generated ·.vithin the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A,» to H.P. 310, L.D. 401 
State or outside of the State, if it is used for daily cover, frost protection or stability or is 
generated within 30 miles of the solid \vaste disposal facility, 
Sec. 6. 38 MRSA §1310-AA, sub-§1-A, as amended by PL 2011, c. 566, §2, is 
further amended to read: 
1-A. Public benefit determination for acceptance by publicly owned solid waste 
landfills of waste generated out of state. Prior to accepting waste that is not waste 
generated within the State, a solid waste facility that is subject to this subsection shall 
apply to the commissioner for a determination of whether the acceptance of the waste 
provides a substantial public benefit. 
A. A facility is subject to this subsection if the facility is a solid waste landfill that is 
not a commercial solid waste disposal facility pursuant to: 
(1) Section 1303-C, subsection 6, paragraph A-2; 
(2) Section 1303-C, subsection 6, paragraph B-2; or 
(3) Section 1303-C, subsection 6, paragraph C-2. 
B. A facility that is subject to this subsection may not accept waste that is not waste 
generated within the State unless the commissioner determines that the acceptance of 
the waste provides a substantial public benefit. 
C. The commissioner shall make the determination of public benefit in accordance 
with subsections 2 and 3. 
D. For purposes of this subsection, "v.,aste that is generated Viithin the State" includes 
residue and bypass generated by incineration, processing and recycling facilities 
within the State; ·.vaste whether generated •.vithin the State or outside of the State used 
for daily cover, frost protection or stability in accordance with all applica-ble rules and 
licenses; and •;,,raste generated within 30 miles of the solid 1.vaste disposal facility. 
Sec. 7. 38 MRSA §1310-AA, sub-§2, as amended by PL 2011, c. 566, §3, is 
further amended to read: 
2. Process. Determinations by the commissioner under this section are not subject to 
Title 5, chapter 375, subchapter 4. The applicant shall provide public notice of the filing 
of an application under this section in accordance with department rules. The department 
shall accept written public comment during the course of processing the application. In 
making the determination of whether the facility under subsection 1 or the acceptance of 
waste that is not waste generated within the State under subsection 1-A provides a 
substantial public benefit, the commissioner shall consider the state plan, written 
information submitted in support of the application and any other written information the 
commissioner considers relevant. The commissioner shall hold a public meeting in the 
vicinity of the proposed facility under subsection 1 or the solid waste landfill under 
subsection 1-A to take public comments and shall consider those comments in making the 
determination. The commissioner shall issue a decision on the matter within 60 days of 
receipt of the application. The commissioner's decisions under this section may be 
appealed to the board, but the board is not authorized to assume jurisdiction of a decision 
under this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. 4,, to H.P. 310, L.D. 401 
Sec. 8. 38 MRSA §1310-AA, sub-§3, as amended by PL 2011, c. 566, §§4 and 
5, is further amended to read: 
3. Standards for determination. The commissioner shall find that the proposed 
facility under subsection 1 or the acceptance of waste that is not waste generated within 
the State under subsection 1-A provides a substantial public benefit if the applicant 
demonstrates to the commissioner that the proposed facility or the acceptance of waste 
that is not waste generated within the State: 
A. Meets immediate, short-term or long-term capacity needs of the State. For 
purposes of this paragraph, "immediate" means within the next 3 years, "short-term" 
means within the next 5 years and 
11long-term
means within the next 10 years. When 
evaluating whether a proposed facility meets the capacity needs of the State, the 
commissioner shall consider relevant local and regional needs as appropriate and the 
regional nature of the development and use of disposal capacity due to transportation 
distances and other factors; 
B. Except for expansion of a commercial solid waste disposal facility that accepts 
only special waste for landfilling, is consistent with the state waste management and 
recycling plan and promotes the solid waste management hierarchy as set out in 
section 2101; 
C. 
Is not inconsistent with local, regional or state waste collection, storage, 
transportation, processing or disposal; and 
D. For a determination of public benefit under subsection 1-A only, facilitates the 
operation of a solid waste disposal facility and the operation of that solid waste 
disposal facility would be precluded or significantly impaired if the waste is not 
accepted. 
Sec. 9. Department of Environmental Protection; 2024 update to state 
waste management and recycling plan. 
The Department of Environmental 
Protection shall include in its 2024 update to the state waste management and recycling 
plan required under the Maine Revised Statutes, Title 38, section 2122 an evaluation of 
and any recommendations concerning the provisions of Title 38, section 1310-N, 
subsection 5-A, paragraph B, subparagraph (2) and whether amendments to those 
provisions are necessary.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft. The amendment adds 
defmitions to the State's solid waste management laws for the terms "recycling facility
and "waste generated within the State" and amends certain other related definitions and 
provisions within the solid waste management laws consistent with those new definitions. 
It also provides that at least 50% of the waste characterized as recycled by a solid waste 
processing facility that generates residue requiring disposal must have been reused or 
recycled through methods other than landfilling but includes specific alternative 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT -A" to H.P. 310, L.D, 401 
provisions applicable to certain solid waste processing facilities that process exclusively 
construction and demolition debris. 
COMMITTEE AMENDMENT 
Approved: 02/25/20 frac-. 
LD401 
LR 1778(02) 
An Act To Preserve State Landfill Capacity and Promote Recycling 
Fiscal Note for Bill as Amended by Committee Amendment A' { H-7 f 2 \ 
Committee: Environment and Natural Resources 
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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 adding certain definitions to the 
State's solid waste management laws or changes to the percentage of the amount of waste that must be reused or 
recycled by a solid waste processing facility are anticipated to be minor and can be absorbed within existing budgeted 
resources. 
LRl 778(02) - Fiscal Note - Page 1 of 1