An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals
Maine Legislature, Session 130, LD 1911
Committee Amendment CA_A_H958 (House)
Amends: 38 MRSA §413, 38 MRSA §1305, 38 MRSA §1306, 38 MRSA §1310-B

COMMITTEE AMENDMENT"/}< 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 § 1304, sub-§20 is enacted to read: 
20. Land application of septage; prohibitions. Notwithstanding any provision of 
law to the contrary: 
A. The department may not issue a new license or permit authorizing a person to apply 
or spread septage at any location in the State: and 
B. A person licensed or permitted by the department to apply or spread septage at one 
or more locations in the State may not apply septage at a location authorized under that 
license or permit if the department provides to the person a written determination that, 
COMMITTEE AMENDMENT 
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CO"MMJ.TTEE AMENDNIBNT ,t,: to H.P. 1417, L.D. 1911 
based on testing conducted at or in close proximity to the location, the department has 
determined that the concentration of perfluoroalkyl and polyfluoroalkyl substances in 
groundwater at that location or in drinking water sources in close proximity to that 
location exceeds the applicable drinking water standard for perfluoroalkyl and 
polyfluoroalkyl substances. 
As used in this subsection, "perfluoroalkyl and polyfluoroalkyl substances" has the same 
meaning as in Title 32, section 1732, subsection 5-A. 
Sec. 3. 38 MRSA §1305, sub-§7, as enacted by PL 1983, c. 726, §2, is repealed. 
Sec. 4. 38 MRSA §1306, sub-§2, as amended by PL 1985, c. 612, § 19, is repealed. 
Sec. 5. 38 MRSA §1306, sub-§7 is enacted to read: 
7. Prohibitions on land application of sludge; 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, 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, a person may not: 
(1) Apply to or spread on any land in the State: 
(a) Sludge generated from a municipal, commercial or industrial wastewater 
treatment plant; 
(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 
. ~unicipa},5~o~m~e~c~l or i11c!~a} ~as!ew~r tr~1!1!~nt 12!~11~~pta~e~r ~ 
(b) A.·w 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; 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: 
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COMMITTEE AMENDMENT,, to H.P. 1417, L.D. 1911 
(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; 
(2) The land application of or the sale or distribution of compost material or other 
agricultural product or material derived from or containing residuals generated as 
a result of the processing or cultivation of food, food waste, crops or vegetative 
material, the brewing of malt liquor, the fermenting of wine or hard cider or the 
distilling of spirits, including, but not limited to, blueberries, apples, grapes, 
potatoes, seaweed, fish and seafood and spent grain or malt, provided that such 
residuals are not mixed with sludge from a municipal, commercial or industrial 
wastewater treatment plant, septage, sewage or sanitary wastewater prior to or 
during land application or the production of the compost material or other 
agricultural product or material; or 
(3) The land application of or the sale or distribution of compost material or other 
agricultural product or material derived from or containing sludge resulting from 
the production of precipitated calcium carbonate. 
Sec. 6. 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 under sa.bseetion 3 and any may accept revenue from 
any source, 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 paragraph must be credited to the fund. 
Sec. 7. 38 MRSA §1310-B-1, sub-§3, as enacted by PL 2021, c. 478, §1, is 
repealed. 
Sec. 8. 38 MRSA §1310-B-1, sub-§4, as enacted by PL 2021, c. 478, §1, is 
amended to read: 
4. Rules. The board shall 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 eolleetion of the fee under sa.bseetion 3. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 9. PL 2021, c. 478, §2, sub-§4 is repealed. 
Sec. 10. Department of Environmental Protection to develop plan to 
prohibit land application of septage; report. The Department of Environmental 
Protection shall study methods of and develop a plan for prohibiting the land application 
of septage in the State. The plan must include, but is not limited to, identification of the 
available capacity at wastewater treatment plants or other treatment or disposal facilities in 
the State or regionally to manage the septage that is currently land applied in the State, 
determination of the capacity anticipated to be necessary to manage that septage if land 
application is prohibited in the State, development of recommendations for supporting and 
funding the development of such additional management capacity if necessary and 
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CUI\'fMJ.TIEE AMEND"MENT "~o H.P. 1417, L.D. 1911 
development of recommendations concerning a framework and appropriate time frame for 
prohibiting the land application of septage in the State. 
On or before January 15, 2023, the department shall submit to the joint standing 
committee of the Legislature having jurisdiction over environment and natural resources 
matters a report containing its findings and recommendations, including any suggested 
legislation, resulting from the study under this section. After receiving the report, the joint 
standing committee may report out legislation to implement any such recommendations. 
As used in this section, "septage" has the same meaning as in the Maine Revised 
Statutes, Title 38, section 1303-C, subsection 27. 
Sec. 11. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT 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 the majority 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. It provides that a person licensed or permitted by the department to apply or spread 
septage at one or more locations in the State may not apply septage at any location 
authorized under that license or permit if the department provides to the person a written 
determination that, based on testing conducted at the location or in close proximity to that 
location, the department has determined that the concentration of perfluoroalkyl and 
polyfluoroalkyl substances in groundwater at that location or in drinking water sources in 
close proximity to that location exceeds the applicable drinking water standard for 
perfluoroall(yl and polyfluoroalkyl substances. 
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3. It prohibits the department from issuing any new license or permit authorizing a 
person to apply or spread septage at any location in the State. 
4. It repeals provisions oflaw that authorize a homeowner to arrange for septage from 
a residence on the homeowner's property to be disposed of on that property. 
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COMMITTEE AMENDMENT 'ff" to H.P. 1417, L.D. 1911 
5. Subject to certain listed exceptions, it prohibits the application or spreading on any 
land in the State of sludge, 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. 
6. Subject to certain listed exceptions, it prohibits the sale or distribution in the State 
of 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. 
7. Subject to certain listed exceptions, 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. 
8. 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. 
9. 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. 
10. It requires the department to study methods of and develop a plan for prohibiting 
the land application of septage in the State and, on or before January 15, 2023, to submit 
to the joint standing committee of the Legislature having jurisdiction over environment and 
natural resources matters a report containing its findings and recommendations, including 
any suggested legislation, resulting from that study. After receiving the report, the joint 
standing committee may report out legislation to implement any such recommendations. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/01/22 .:!k?ae::.. 
LD 1911 
LR2227(02) 
An Act To Prohibit the Contamination of Clean Soils with So-called Forever Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment fj,.{lf~q,§<j) 
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 
FY2024-25 
($1,799,500) 
($3,599,500) 
($3,599,500) 
($3,599,5()(1\ 
($1,800,000) 
($3,600,000) 
($3,600,000) 
($3,600,000) 
This bill directs the Department of Environmental Protection (DEP) to prohibit the land application of sludge and 
sludge derived compost; prohibit the sale and distribution of sludge derived compost; not allow the issuance of new 
licenses for septage land application; and prohibit septage land application on fields with groundwater determined to 
contain PF AS in excess of established drinking water standards. The bill clarifies that upon request the DEP may 
require licensed dischargers of wastewater to test for PF AS and share the results. 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(02) - Fiscal Note - Page 1 of 1