An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals
Maine Legislature, Session 130, LD 1911
Committee Amendment CA_B_H959 (House)
Amends: 38 MRSA §413, 38 MRSA §1306, 38 MRSA §1310-B

COMMITTEE AMENDMENT '';B" to H.P. 1417, L.D. 1911, "An Act To Prohibit 
the Contamination of Clean Soils with So-called Forever Chemicals" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prevent the Further Contamination of the Soils and Waters of the State 
with So-called Forever Chemicals' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §413, sub-§12 is enacted to read: 
12. Sampling for perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding 
section 414-A or any other provision of law to the contrary, the department by written 
notification may require a person licensed by the department to discharge wastewater to 
groundwater or any waters of the State to sample the effluent discharged for perfluoroalkyl 
and polyfluoroalkyl substances and to report the sample data to the department. Upon 
receipt of the written notification and as directed by the department, the person shall 
conduct the required sampling of the effluent for perfluoroalkyl and polyfluoroalkyl 
substances and report the sample data to the department. 
As used in this subsection, "perfluoroalkyl and polyfluoroalkyl substances" has the same 
meaning as in Title 32, section 1732, subsection 5-A. 
Sec. 2. 38 MRSA §1306, sub-§7 is enacted to read: 
7. Prohibitions on land application of sludge and septage; sale and distribution of 
compost and other agricultural products and materials containing sludge and 
septage; sale, distribution and use of crops grown at septage application sites. This 
subsection governs the land application of sludge and septage, the sale and distribution of 
compost and other agricultural products and materials containing sludge and septage and 
the sale, distribution and use of crops grown at septage application sites. 
A. Notwithstanding any provision of law to the contrary, except as provided in 
paragraph B, beginning March 1, 2023, a person may not: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'b"to H.P. 1417, L.D. 1911 
(1) Apply to or spread on any land in the State: 
(a) Sludge generated from a municipal, commercial or industrial wastewater 
treatment plant or septage; 
(b) Compost material that included in its production sludge generated from a 
municipal, commercial or industrial wastewater treatment plant or septage; or 
(c) Any other product or material that is intended for use as a fertilizer, soil 
amendment, topsoil replacement or mulch or for other similar agricultural 
purpose that is derived from or contains sludge generated from a municipal, 
commercial or industrial wastewater treatment plant or septage; 
(2) Sell or distribute in the State: 
(a) Compost material that included in its production sludge generated from a 
municipal, commercial or industrial wastewater treatment plant or septage: or 
(b) Any other product or material that is intended for use as a fertilizer, soil 
amendment, topsoil replacement or mulch or for other similar agricultural 
pm:pose that is derived from or contains sludge generated from a municipal, 
commercial or industrial wastewater treatment plant or septage; or 
(3) Sell, distribute or use in the State an agricultural crop or other vegetative 
material for any agricultural purpose, including, but not limited to, for use as 
animal feed, if the agricultural crop or vegetative material was grown at a location 
in the State where septage is licensed or permitted to be applied or spread. 
B. The prohibitions in paragraph A do not apply to: 
(1) The disposal or placement at a solid waste landfill of any of the materials that 
are prohibited from application, spreading, sale, distribution or use by this 
subsection; or 
(2) The land application of sludge or septage or the sale or distribution of compost 
material or other product or material derived from or containing sludge or septage 
that has been tested for perfluorooctanoic acid, or PFOA, and for perfluorooctaine 
sulfonic acid, or PFOS, consistent with the analytical methods for such testing 
established by the department, and the results of that testing indicate that the 
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sludge, septage, compost material or other product or material contains less than 
parts per billion of PFOA and less than 50 parts per billion of PFOS. 
Sec. 3. 38 MRSA §1310-B-1, sub-§2, 1A, as enacted by PL 2021, c. 478, §1, is 
amended to read: 
A. The fund is funded by the fee lHlder subseetion: 3 cmd an:y may accept revenue from 
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any source, public or private fl:H:i4&.,, that may be available for carrying out the purposes 
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of the fund. The department shall deposit with the Treasurer of State to the credit of 
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the fund money in the fund not currently needed by the department to carry out the 
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purposes of the fund, which may be invested as provided by law. Interest earned on 
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investment of money under this paragraph must be credited to the fund. 
Sec. 4. 38 MRSA §1310-B-1, sub-§3, as enacted by PL 2021, c. 478, §1, is 
repealed. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,r_(},, to H.P. 1417, L.D. 1911 
l 
Sec. 5. 38 MRSA §1310-B-1, sub-§4, as enacted by PL 2021, c. 478, §1, is 
amended to read: 
4. Rules. The board sh&ll may adopt rules necessary for the administration of the fund 
and any underlying program or purpose under or funded by the fund and for the assessment 
and collectioB of the fee uBder subsectioB 3. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6. PL 2021, c. 478, §2, sub-§4 is repealed. 
Sec. 7. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRON.MENTAL PROTECTION, DEP ART.MENT OF 
Land Application Contaminant Monitoring Fund N385 
Initiative: Provides deallocation as a result of the repeal of the septage and sludge handling 
fee. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
($1,799,500) 
($1,799,500) 
2022-23 
($3,599,500) 
($3,599,500) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is a minority report of the committee, changes the title of and 
replaces the bill and does the following. 
1. It authorizes the Department of Environmental Protection to require a person 
licensed to discharge wastewater to sample the effluent discharged for perfluoroalkyl and 
polyfluoroalkyl substances and to report the sample data to the department. 
2. Subject to certain listed exceptions, beginning March 1, 2023, it prohibits the 
application or spreading on any land in the State of sludge or septage, any compost material 
that included in its production sludge generated from a municipal, commercial or industrial 
wastewater treatment plant or septage or any other product or material that is intended for 
use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar 
agricultural purpose that is derived from or contains sludge generated from a municipal, 
commercial or industrial wastewater treatment plant or septage. 
3. Subject to certain listed exceptions, beginning March 1, 2023, it prohibits the sale 
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or distribution in the State of any compost material that included in its production sludge 
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generated from a municipal, commercial or industrial wastewater treatment plant or septage 
or any other product or material that is intended for use as a fertilizer, soil amendment, 
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topsoil replacement or mulch or for other similar agricultural purpose that is derived from 
or contains sludge generated from a municipal, commercial or industrial wastewater 
treatment plant or septage. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"O"toH.P.1417,L.D.1911 
4. Subject to certain listed exceptions, beginning March 1, 2023, it prohibits the sale, 
distribution or use in the State of an agricultural crop or other vegetative material for any 
agricultural purpose, including, but not limited to, for use as animal feed, if the agricultural 
crop or vegetative material was grown at a location in the State where septage is licensed 
or permitted to be applied or spread. 
5. It repeals the provision in law imposing a $10 per ton fee on the handling of sludge 
and septage beginning January 1, 2022 and makes related statutory changes. 
6. It repeals a provision of Public Law 2021, chapter 478 that prohibits a person 
licensed or permitted by the department to apply sludge or septage at a location subject to 
department evaluation for perfluoroalkyl and polyfluoroalkyl substances contamination 
from requesting to surrender the license or permit prior to its expiration unless the person 
has submitted to the evaluation and provided the results to the department. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04/05/22 feae. 
LD 1911 
LR 2227(03) 
An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment :/3 {fl~ 5 q) 
Committee: Environment and Natural Resources 
Appropriations/ Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
FY 2022-23 
Projections 
FY 2023-24 
Projections 
FY 2024-25 
($1,799,500) 
($3,599,500) 
($3,599,500) 
($3,599,500) 
($1,800,000) 
($3,600,000) 
($3,600,000) 
($3,600,000) 
This bill directs the Department of Enviromnental Protection (DEP) to prohibit the land application of sludge, septage 
and sludge and septage derived compost and the sale and distribution of sludge and septage derived compost, 
beginning March 1, 2023. The bill clarifies that upon request, the DEP may require licensed dischargers of wastewater 
to test for PFAS and share the results. Finally, the bill repeals the $10 per ton handling fee on septage and sludge 
enacted in Public Law 2021, chapter 478. 
The repeal of the septage and sludge handling fee will result in Other Special Revenue Funds revenue loss of 
$1,800,000 in fiscal year 2021-22 and $3,600,000 in fiscal year 2022-23. The bill includes deallocations to the Land 
Application Containment Monitoring Fund of $1,799,500 in fiscal year 2021-22 and $3,599,500 in fiscal year 2022-23 
to reflect the revenue reduction. 
LR2227(03) - Fiscal Note - Page 1 of 1