An Act to Prohibit
Maine Legislature, Session 132, LD 2070
Committee Amendment CA_A_H927 (House)
Amends: 38 MRSA §590, 38 MRSA §1310-N, 38 MRSA §1310-A, 38 MRSA §2152-A

COMMITTEE AMENDMENT ui\ " to H.P. 1383, L.D. 2070, "An Act to Prohibit
Landfill Expansion into Wetlands"
Amend the bill by striking out the title and substitutmg the following:
'An Act to Improve the IManagement of Landfill Leachate and Wastewater Treatment
Plant Sludge at Solid Waste Landfills'
Amend the bill by striking out everything after the title and before the emergency
clause and inserting the following;
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation directs the Department of Administrative and Financial
Services, Bureau of General Services to procure technical information from waste industry
professionals regarding criteria and considerations for siting new solid waste facilities m
the State and for the sustainable management of special wastes and municipal solid waste
bypass to ensure that sufficient capacity is available for those wastes that are generated in
the State until at least 2050; and
Whereas, the bureau must initiate the process of procuring that information as soon
as possible and prior to the expiration of the 90-day period in order for the bureau to timely
submit a report regarding that information to the joint standing committee of the Legislature
having jurisdiction over environment and natural resources matters, as is provided in this
legislation; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessaiy for the preservation of the public peace, health and safety; now,
therefore;
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §590, sub-§l, ^F is enacted to read:
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COMMITTEE AMENDMENT "^." to H,P.1383, L.D.2070
P. A facility that is required to be licensed under this chapter and that processes or
incinerates sludee shall implement best available control technoloev for any new
source and best practical treatment for any existing source to minimize emissions of
perfluoroalkyl and polvfluoroalkvlsubstances fi'om the facility to_the ambient air.
d) An aBplicant fozalicense_underthis chapter thMis a facility that m'ocesses pr
incinerates sludge shall orooose in the aoolication the best available control
technology or best practical treatment, as applicable, for department approval.
(2) A license issued by the department pursuant to this chapter to a facility that
Bfocesses or incmerates sludee must require the licensee to demonstrate
compliance with oerfluoroalkvl and oolvfluoroalkvl substances emission limits or
emission reduction requirements established by the department in the license.
which must include requirements for the licensee to conduct emission testing for
nerfluoroalkvl and oolvfluoroalkvl substances.
FQU?urposes of this paragraph, oerfluoroalkvl and Dolvfluoroalkvl substances are air
contammants_and regulated nollutants under this chapterandjunder^deQartment i-ules.
As used in this paragraph, "oerfluoroalkyl and oolvfluoroalkvl substances" has the
same meaning as in section 1614, subsection 1, paragraph F and "sludge"has the same
meanine as in section 1303-C. subsection 28-A.
Sec. 2. 38 MR8A §590, sub-§l, as repealed and replaced by PL 2021, c. 294,§1,
is amended by amending the 2nd blocked paragraph to read:
The board may adopt rules to implement paragraphs A to B F. Rules initially adopted to
implement paragraphs A to E P are major substantive rules as defmed in Title 5, chapter
375, subchapter 2-A. Any subsequent revision to rules adopted to implement paragraphs
A to B P are routine technical rules as defmed in Title 5, chapter 375, subchapter 2-A,
Sec. 3. 38 MRSA §1310-N, sub-§10-C is enacted to read;
10-C. Landfill leak detection system; testine of landfill site eroundwater for
lierfluoroalkyl and polyfluoroalkyl substances. In accordance with a schedule aporoved
by the department, a new or expanded solid waste landfill that requires for its constructiQn
or expansion a permit under the Natural Resources Protection Act for the alteration of
freshwater wetlands shall;
A, Incorporate a leak detection system into the landfill's eneineering design;
B. Integrate into the landfill's deDartment-anoroved water quality monitormg plan the
3 use of that leak detection system and the samolme and analysis ofgroundwater on the
landfill site for oerfluoroalkvl and oolvfluoroalkvl substances; and
C. in accordance with the landfilTs deBartment-amroved water quality monitoruig
plan. provide the results of the eroundwater sampline and analysis conducted pursuant
to paragraph B to the department as part of the landfill's annual report,
8 This subsection does not apply to a solid waste landfill that is less than 6 acres in size that
accepts only inert fill. construction and demolition debris. debris from land clearing and
wood wastes. As used in this subsection, "freshwater wetlands" has the same meaning as
in section 480-B, subsection 4,
Sec. 4. 38 MRSA §1310-N, sub-§10-D is enacted to read:
Page2-132LR2748(02)
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT " H " to H,P. 1383, L.D, 2070
,0=
10-D. SIudge testing required^ A solid waste facility licensed under this chapter may
not process, beneficiallv reuse or dispose ofsludge at that facility unless the sludee has
been characterized by the entity that eenerated the sludee in accordance with a plan
approved by the department, which must include ^mnpling and analysis of the sludge for
perfluoroalkvl and Dolvfluoroalkvl substances.
Sec. 5. 38 MRSA §1310-AA, sub-§l-B, ^C is enacted to read:
C, Notwithstandine any Drovision of this section to the contrary, the commissioner
may not find that a new or expanded solid waste landfill owned by the State provides
a substantial public benefit in accordance with subsection 3 unless the solid waste
landfill treats the leachate collected from the JandfilHo^ reducethe concentrations of
perfluoroalkvl and polvfluoroaUcyl substances in the leachate. in accordance with a
license issued by the department pursuant to section 1310-N, and otherwise satisfies
the standards in subsection 3.
Sec. 6. 38 MRSA §2152-A, sub-§4 is enacted to read:
4. Prohibition on development or use of Carpenter Ridee site as State-owned solid
wastes disROsal facility. Notwithstanding any provision of this Title or other law to the
contrary:
A, The^Carpenter Ridgesite maY not_be develoEed as or used for the operation of a
State-owned solid waste disposal facility, includine. but not limited to. a State-owned
solid waste landfill;
B^ The bureau or other state agency may not apply for. and the department may not
issue, a new or expanded license or an amendment to or renewal of an existine license
for the operation of a State-owned solid waste disposal facility at the Carpenter Ridge
site; and
C,The_bureau^LQther^tate! agency may not operate QL contract for tihe_operationof a
State-owned solid waste disposal facility at the Carpenter Ridee site.
Notwithstanding any provision of law to the contt'ary. the Penobscot Nation has the right
of first refusal to purchase the Carpenter Ridee site. or any portion of the Carpenter Ridge
site. that may be proposed for sale by the bureau or other state agency having ownership
over the site. in a manner consistent with applicable laws or rules regulating the^sale of
State-owned oropertv.
As used m this subsection. "Carpenter Ridge site" means a parcel of land owned by the
3 State, consisting of approximately 1.500 acres located in the unorganized territory in
Penobscot County, in Township 2. Range 8. for which a license to operate a solid waste
5 landfill was issued by the department to the former State Planning Office on April 24,1996;
and "Penobscot Nation" has the same meaning as in Title 30. section 6203. subsection 10.
Sec. 7. Department of Administrative and Financial Services, Bureau of
General Services procurement of technical waste management information;
report. The Department of Administrative and Financial Services, Bureau of General
Services shall procure technical information from waste industry professionals regarding
criteria and considerations, including, but not limited to, environmental justice
considerations, for siting new solid waste facilities in the State and for the sustainable
management of special wastes and municipal solid waste bypass to ensure that sufficient
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "/4 " to H,P. 1383, L.D. 2070
capacity is available for those wastes that are generated in the State until at least 2050. On
or before March 1, 2027, the bureau shall submit to the jomt standing committee of the
Legislature having jurisdiction over environment and natural resources matters a report
setting forth the technical information procured by the bureau pursuant to this section.
After reviewing the report, the joint standing committee may report out legislation relating
to the report to the 133rd Legislahire m 2027. As used in this section, "environmental
justice" has the same meaning as in the Maine Revised Statutes, Title 3 8, section 1310-AA,
subsection 3, paragraph E,
Sec. 8. Department of Environmental Protection; evaluation of state solid
waste facility rules; report. The Department of Environmental Protection shall conduct
an evaluation of its rules regulating solid waste facilities and identify opportunities to
develop new or support or improve existing facilities, technologies, programs, initiatives
or processes in a manner consistent with the State's solid waste management hierarchy
under the Maine Revised Statutes, Title 38, section 2101. In conducting its work under
this section, the department shall solicit input from and invite the participation of waste
industry stakeholders and the general public. On or before January 15, 2028, the
department shall submit a report setting forth the results of the evaluation under this section,
including any recommendations for legislative action, to the joint standing committee of
the Legislature having jurisdiction over environment and natural resources matters. The
report required under this section may be included in the report required by Title 3 8, section
2124-A. After reviewing the report, the joint standmg committee may report out legislation
relating to the report to the Second Regular Session of the 133rd Legislature.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill and changes the title. It does the following.
1. It provides that a facility requiring an air emission license that processes or
incinerates sludge must implement best available control technology for any new source
and best practical treatment for any existing source to minimize emissions ofperfluoroalkyl
and polyfluoroalkyl substances from the facility to the ambient air.
2, It provides that, in accordance with a schedule approved by the Department of
Environmental Protection, a new or expanded solid waste landfill that requires for its
construction or expansion a permit under the Natural Resources Protection Act for the
4 alteration of freshwater wetlands must incorporate a leak detection system into the landfill's
5 engineering design; integrate into the landfill's water quality monitoring plan the use of that
leak detection system and the sampling and analysis of groundwater on the landfill site for
perfluoroalkyl and polyfluoroalkyl substances; and provide the results of that groundwater
sampling and analysis as part of the landfill's annual report.
3. It prohibits a licensed solid waste facility from processing, beneficially reusing or
disposing of sludge at that facility unless the sludge has been characterized by the entity
that generated the sludge in accordance with a plan approved by the department, which
must include sampling and analysis of the sludge for perfluoroalkyl and polyfluoroalkyl
substances,
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " l\-" to H.P.1383, L.D.2070
-" to H.P.
4. It prohibits the Commissioner of Envu-onmental Protection from finding, for the
purposes of a public benefit determination, that a new or expanded solid waste landfill
owned by the State provides a substantial public benefit unless the landfill treats the
leachate collected from the landfill to reduce the concentrations of perfluoroalkyl and
polyfluoroalkyl substances in the leachate in accordance with a license issued by the
department.
5. It amends provisions of law regulating State-owned solid waste disposal facilities
to provide that the Carpenter Ridge site may not be developed as or used for the operation
of a State-owned solid waste disposal facility, including, but not limited to, a State-owned
solid waste landfill. It prohibits the Department of Administrative and Financial Services,
Bureau of General Services and other state agencies from applying for, and the Department
of Environmental Protection from issuing, a new or expanded license or an amendment to
or renewal of an existing license for the operation of a State-owned solid waste disposal
facility at the Carpenter Ridge site. It also prohibits the bureau and other state agencies
from operatmg or contracting for the operation of a State-owned solid waste disposal
facility at the Carpenter Ridge site. It also provides that the Penobscot Nation has the right
of first refusal to purchase the Carpenter Ridge site, or any portion of the Carpenter Ridge
site, that may be proposed for sale by the bureau or other state agency having ownership
over the site, in a manner consistent with applicable laws or rules regulating the sale of
State-owned property,
6, It directs the bureau to procure technical information from waste industry
professionals regarding criteria and considerations for siting new solid waste facilities in
the State and for the sustamable management of special wastes and municipal solid waste
bypass to ensure that sufficient capacity is available for those wastes that are generated in
the State until at least 2050. On or before March 1, 2027, the bureau is required to submit
to the joint standing committee of the Legislature having jurisdiction over environment and
natural resources matters a report setting forth the technical information procured by the
bureau. The committee is authorized to report out related legislation to the 133rd
Legislature in 2027,
7, It directs the Department ofEnvu-onmental Protection to conduct an evaluation of
its rules regulating solid waste facilities and identify opportunities to develop new or
support or improve existing facilities, technologies, programs, initiatives or processes in a
manner consistent with the State's solid waste management hierarchy. In conducting that
work, the department is required to solicit input from and invite the participation of waste
industry stakeholders and the general public. On or before January 15, 2028, the
department is required to submit a report setting forth the results of the evaluation,
including any recommendations for legislative action, to the committee. The committee is
authorized to report out related legislation to the Second Regular Session of the 133rd
Legislature.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 03/24/26 1-Kt-
LD 2070 LR 2748(02)
An Act to Prohibit Landfill Expansion into Wetlands
Fiscal Note for Bill as Amended by Committee Amendment '^j"
Committee: Environment and Natural Resources
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 to adopt the changes in this bill are expected to
be minor and can be absorbed within existing budgeted resources,
LR2748(02) - Fiscal Note - Page 1 of 1