Resolve, to Investigate and Address Municipal Solid Waste Disposal Services Issues
Maine Legislature, Session 131, LD 2135
Committee Amendment CA_A_H828 (House)

COMMITTEE AMENDMENT «A " to H.P. 1359, L.D. 2135, "Resolve, to 
Investigate and Address Municipal Solid Waste Disposal Services Issues" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding the Operation and Future Capacity of State-owned Landfills' 
Amend the resolve in the emergency preamble by striking out the 5th paragraph (page 
1, lines 18 to 21 in L.D.) and inserting the following: 
'Whereas, Penobscot Energy Recovery Company ceased to provide municipal solid 
waste handling, processing and disposal services at its waste-to-energy facility as of May 
2, 2023 and, although the facility was sold at auction in November 2023, it has yet to 
resume operation; and' 
Amend the resolve by striking out all of section 1 and inserting the following: 
'Sec, 1. Report on Jay landfill. Resolved: That the Department of Environmental 
Protection shall evaluate the potential costs and benefits to the State of the State's acquiring 
ownership of the former paper mill landfill in the Town of Jay for the primary purpose of 
increasing disposal capacity in the State for wastewater treatment plant sludge and special 
waste but with consideration given to the potential for the disposal of municipal solid waste 
at that landfill. The evaluation must include, but is not limited to, consideration of existing 
conditions at the Jay landfill, including liner condition, leachate collection systems and the 
presence of perfluoroalkyl and polyfluoroalkyl substances and other enviromnental 
contaminants; capacity, including disposal capacity and the potential for expansion of 
capacity; facility needs in the areas of odor management, gas management and leachate 
management and treatment; options for managing wastewater treatment plant sludge; and 
any other conditions relevant to the potential future operation of a landfill. In conducting 
the evaluation under this section, the depatiment may, as necessary, consult with the 
Depattment of Administrative and Financial Services, Bureau of General Services, referred 
to in this resolve as "the bureau." 
Page I - 131LR2798(02) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT •A "to H.P. 1359, L.D. 2135 
On or before January 1, 2025, the depaitment shall submit to the joint standing 
committee of the Legislature having jurisdiction over environment and natural resources 
matters a report outlining the findings and recommendations of the evaluation under this 
section and including any proposed legislation. After reviewing the repmt, the committee 
may report out legislation relating to the repott to the 132nd Legislature in 2025. 
Sec, 2, 
Report on Old Town landfill operating services agreement. 
Resolved: That the bureau and the Depattment of Environmental Protection shall evaluate 
options for amending the operating services agreement of Februa1y 5, 2004, as amended, 
between the bureau and the operator of the state-owned Juniper Ridge Landfill in the City 
of Old Town concerning the operation of the landfill for the purpose of enhancing the 
transparency and oversight of the operation of the landfill and of the related activities of 
the operator of the landfill. 
On or before Janua1y 1, 2025, the bureau and the department shall jointly submit to the 
joint standing committee of the Legislature having jurisdiction over environment and 
natural resources matters a repott outlining the findings and recommendations of the 
evaluation under this section and including any proposed legislation. After reviewing the 
repmt, the committee may repmt out legislation relating to the repmt to the 132nd 
Legislature in 2025, 
Sec. 3. Amendment of operating services agreement for Old Town landfill. 
Resolved: That, in accordance with the provisions of this section, the bureau shall initiate 
a process to negotiate an amendment to the operating services agreement of February 5, 
2004, as amended, referred to in this section as "the agreement," with the operator of the 
state-owned Juniper Ridge Landfill in the City of Old Town, refel'J'ed to in this section as 
"the landfill," concerning the operation of the landfill. 
1. Notwithstanding any provision oflaw or bureau rule to the contraiy, the bureau may 
not execute any amendment to the agreement: 
A. Prior to the bureau's submission to the Depa1tment of Environmental Protection of 
an application for a public benefit determination for a license for the expansion of the 
landfill in accordance with the Maine Revised Statutes, Title 38, section 1310-AA; and 
B. Unless the amendment to the agreement includes the provisions described in 
subsection 2. 
2. Subject to the limitation provided in subsection 1, paragraph A, the bureau shall 
negotiate with the operator of the landfill and execute an amendment to the agreement that: 
A. Requires the operator to disclose and make available to the bureau the terms and 
conditions of all contracts and agreements between the operator and its contractors, 
subcontractors and customers regarding the use, operation and maintenance of the 
landfill; 
B. Requires the operator to implement and operate at the landfill the technology, 
facilities or processes necessary to ensure that the leachate collected from the landfill 
is treated prior to discharge such that the concentration of regulated PF AS 
contaminants in the treated leachate does not exceed the drinking water standards 
applicable to community water systems and nontransient, noncommunity water 
systems established by the Depaitment of Health and Human Services pursuant to the 
Maine Revised Statutes, Title 22, section 2611. 
The amendment may include 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT «A" to H.P. 1359, L.D. 2135 
provisions that account for future amendments to applicable treatment standards for 
regulated PFAS contaminants, including, but not limited to: 
(1) Future amendment by the Department of Health and Human Services pursuant 
to Title 22, section 2611 of the applicable drinking water standards for community 
water systems and nontransient, noncommunity water systems regarding the 
concentration of regulated PF AS contaminants; and 
(2) Future establishment by the Department of Environmental Protection of 
effluent discharge standards applicable to the concentration of regulated PFAS 
contaminants in discharged effluent containing treated landfill leachate. 
The amendment must provide the bureau with the authority, in consultation with the 
Depa1tment of Environmental Protection, to review, approve and monitor the 
operator's implementation and operation at the landfill of the perfluoroalkyl and 
polyfluoroalkyl substances treatment technology, facilities or processes required by 
this paragraph. 
As used in this paragraph, "regulated PFAS contaminants" has the same meaning as in 
Title 22, section 2660-AA, subsection 4; "community water system" has the same 
meaning as in Title 22, section 2660-B, subsection 2; and "nontransient, 
noncommunity water system" means a nontransient, noncommunity water system as 
described in Title 22, section 2660-B, subsection 5, paragraph A; and 
C, Includes other terms, conditions or changes to the agreement that are negotiated 
and agreed upon by the bureau and the operator,' 
Amend the resolve by relettering or renumbering any nonconsecutive Pait letter or 
section number to read consecutively, 
SUMMARY 
This amendment changes the title of the resolve and does the following, 
I. It replaces the provisions of the resolve requiring an investigation with a requirement 
that the Depaitment of Environmental Protection evaluate the potential costs and benefits 
to the State of the State's acquiring ownership of the former paper mill landfill in the Town 
of Jay for the primary purpose of increasing disposal capacity in the State for wastewater 
treatment plant sludge and special waste. On or before January I, 2025, the depaitment is 
required to submit to the joint standing committee of the Legislature having jurisdiction 
over environment and natural resources matters a repoti outlining the findings and 
recommendations of the evaluation and including any proposed legislation, and the 
committee may repmi out related legislation to the 132nd Legislature in 2025. 
2. It requires the Depa11ment of Administrative and Financial Services, Bureau of 
General Services and the Depai1ment of Environmental Protection to evaluate options for 
amending the operating services agreement ofFebrnary 5, 2004, as amended, between the 
bureau and the operator of the state-owned Juniper Ridge Landfill in the City of Old Town 
conceming the operation of the landfill for the purpose of enhancing the h·ansparency and 
oversight of the operation of the landfill and of the activities of the operator of the landfill, 
On or before January !, 2025, the bureau and the department are required to jointly submit 
to the joint standing committee of the Legislature having jurisdiction over environment and 
natmal resources matters a repmt outlining the findings and recommendations of this 
COMMITTEE AMENDMENT 
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COMMIITEEAMENDMENT'A" to H.P. 1359, L.D. 2135 
evaluation and including any proposed legislation. 
After reviewing the report, the 
committee may repmt out related legislation to the 132nd Legislature in 2025. 
3. It requires the Depa1tment of Administrative and Financial Services, Bureau of 
General Services to initiate a process to negotiate an amendment to the operating services 
agreement ofFebruruy 5, 2004, as amended, with the operator of the state-owned Juniper 
Ridge Landfill in the City of Old Town concerning the operation of the landfill. It prohibits 
the bureau from executing any amendment to that agreement prior to the bureau's 
submission of an application for a public benefit determination for a license for the 
expansion of the landfill in accordance with the Maine Revised Statutes, Title 3 8, section 
1310-AA and unless the amendment to the agreement includes ce1tain specified provisions. 
Those provisions include requirements that the operator disclose and make available to the 
bureau the terms and conditions of all contracts and agreements between the operator and 
its contractors, subcontractors and customers regarding the use, operation and maintenance 
of the landfill and requirements that the operator implement and operate at the landfill the 
technology, facilities or processes necessa1y to ensure that the leachate collected from the 
landfill is treated prior to discharge such that the concentration of regulated perfluoroalkyl 
and polyfluoroalkyl substances, or PFAS, contaminants in the treated leachate does not 
exceed specified standards. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 03/11/24 ;Wat:! 
LD 2135 
LR 2798(02) 
Resolve, to Investigate and Address Municipal Solid Waste Disposal Services Issues 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ifr-' ( H-8' 2 g) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
\ Any additional costs to the Department ofEnviromnental Protection or the Depa1tment of Administrative Services, 
J Bureau of General Services from the provisions of this bill are expected to be minor and can be absorbed within 
existing budgeted resources. 
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LR2798(02) - Fiscal Note - Page 1 of 1