An Act To Investigate Perfluoroalkyl and Polyfluoroalkyl Substance Contamination of Land and Groundwater
Maine Legislature, Session 130, LD 1600
Committee: Environment and Natural Resources
Sponsors: GRAMLICH, BENNETT, DUNPHY, GROHOSKI, O'NEIL, OSHER, TALBOT ROSS, HICKMAN
Amends: 38 MRSA §1304, 38 MRSA §1310-B

Legislative Document
No. 1600
H.P. 1189
House of Representatives, April 27, 2021
An Act To Investigate Perfluoroalkyl and Polyfluoroalkyl Substance 
Contamination of Land and Groundwater
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BENNETT of Oxford and
Representatives: DUNPHY of Old Town, GROHOSKI of Ellsworth, O'NEIL of Saco, OSHER 
of Orono, TALBOT ROSS of Portland, Senator: HICKMAN of Kennebec.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1304, sub-§20 is enacted to read:
20.  Land Application Contaminant Monitoring Fund.  The board shall adopt 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A to administer the 
Land Application Contaminant Monitoring Fund under section 1310-B-1 and any 
underlying program or purpose under or funded by the fund.
Sec. 2.  38 MRSA §1310-B-1 is enacted to read:
§1310-B-1.  Land Application Contaminant Monitoring Fund
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Fund" means the Land Application Contaminant Monitoring Fund under 
subsection 2.
B.  "Perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as in Title 
32, section 1732, subsection 5-A.
C.  "Residual" has the same meaning as in Title 7, section 4201, subsection 7.
2.  Land Application Contaminant Monitoring Fund.  The Land Application 
Contaminant Monitoring Fund is established to be used by the department as a nonlapsing, 
revolving fund to test and monitor soil and groundwater for perfluoroalkyl and 
polyfluoroalkyl substances and other contaminants and for other related activities.  The 
fund is funded by the fee under subsection 3 and any public or private funds that may be 
available for carrying out the purposes of the fund.  The department shall deposit with the 
Treasurer of State to the credit of the fund money in the fund not currently needed by the 
department to carry out the purposes of the fund, which may be invested as provided by 
law.  Interest earned on investment of money under this subsection must be credited to the 
fund. The department shall transfer money in the fund not used within 5 years of the receipt 
of the money to the Uncontrolled Sites Fund under section 1364, subsection 6 for the 
purposes of testing, monitoring or treating farmland contaminated by perfluoroalkyl and 
polyfluoroalkyl substances. The department shall report annually to the Legislature on the 
uses of the fund and a summary of contamination identified. 
3.  Disposal fee.  In addition to any other fee or charge required by statute or rule, the 
department shall assess a fee of $10 per ton on any disposal of septage, industrial sludge, 
municipal sludge, bioash, wood ash or other residual.  The department shall deposit a fee 
collected under this subsection into the fund.
Sec. 3.  Testing of locations with land applications of residuals for 
contamination of perfluoroalkyl and polyfluoroalkyl substances. The 
Department of Environmental Protection shall develop and implement a program to test 
soil and groundwater at locations historically licensed or permitted to apply residuals for 
perfluoroalkyl and polyfluoroalkyl substances and other contaminants identified by the 
department.  Testing under this section must include measurement of all perfluoroalkyl and 
polyfluoroalkyl substances that reasonably may be quantified by a commercial laboratory.  
The department shall prioritize locations that received industrial residuals prior to 2015 and 
complete testing of these locations by July 31, 2022.  The department shall complete testing 
of the remaining locations licensed or permitted to receive residuals prior to 2019 by July 
31, 2023. If the testing indicates an elevated level of contamination on land that is currently 
being used for the production of an agricultural product, the department shall inform the 
Department of Agriculture, Conservation and Forestry of the findings of contamination.  
Testing under this section must be paid for by funds from the Land Application 
Contaminant Monitoring Fund under the Maine Revised Statutes, Title 38, section 
1310-B-1.  For purposes of this section, "perfluoroalkyl and polyfluoroalkyl substances" 
has the same meaning as in Title 32, section 1732, subsection 5-A and "residual" has the 
same meaning as in Title 7, section 4201, subsection 7.
SUMMARY
This bill creates the Land Application Contaminant Monitoring Fund to be used by the 
Department of Environmental Protection to test and monitor soil and groundwater for 
perfluoroalkyl and polyfluoroalkyl substances and other contaminants and for other related 
activities.  The fund is funded by a $10 per ton fee assessed on any disposal of septage, 
industrial sludge, municipal sludge, bioash, wood ash or other residual, which is material 
generated as a by-product of a nonagricultural production or treatment process that has 
value as a source of crop nutrients or soil amendment.  This bill also requires the department 
to test land that has received residuals for perfluoroalkyl and polyfluoroalkyl substances 
and other contaminants and to notify the Department of Agriculture, Conservation and 
Forestry of the findings of any contamination of land currently being used for the 
production of agricultural products.