Resolve, Regarding the Operation and Future Capacity of State-
Maine Legislature, Session 132, LD 0235
Sponsors: CAMPBELL

Legislative Document
No. 235
H.P. 158
House of Representatives, January 21, 2025
Resolve, Regarding the Operation and Future Capacity of State-
owned Landfills
(EMERGENCY)
Received by the Clerk of the House on January 16, 2025.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CAMPBELL of Orrington.
Cosponsored by Representatives: ANKELES of Brunswick, DILL of Old Town, SOBOLESKI 
of Phillips.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Revised Statutes, Title 38, section 1305, subsection 1 mandates 
that "Each municipality shall provide solid waste disposal services for domestic and 
commercial solid waste generated within the municipality and may provide these services 
for industrial wastes and sewage treatment plant sludge"; and
Whereas, in the State, 115 municipalities have entered into contracts with the 
Municipal Review Committee to satisfy this mandate through provision of municipal solid 
waste handling, processing and disposal services at the Municipal Review Committee's 
recycling and anaerobic digestion facility in the Town of Hampden now known as Coastal 
Resources of Maine, LLC and approximately 44 municipalities have entered into contracts 
with Penobscot Energy Recovery Company to satisfy this mandate through provision of 
municipal solid waste processing and disposal services at Penobscot Energy Recovery 
Company's waste-to-energy facility in the Town of Orrington; and
Whereas, the Municipal Review Committee has been unable to provide municipal 
solid waste handling, processing and disposal services at the Coastal Resources of Maine, 
LLC recycling and anaerobic digestion facility since its closure on May 28, 2020; and
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
Whereas, as required by their solid waste disposal facility licenses issued by the 
Department of Environmental Protection, municipal solid waste from these 159 
municipalities has been and is being disposed of primarily at the state-owned Juniper Ridge 
Landfill located almost entirely in the City of Old Town with a portion of the landfill right-
of-way access located in the Town of Alton; and
Whereas, the state-mandated curtailment of spreading wastewater treatment plant 
sludge on land because of the perfluoroalkyl and polyfluoroalkyl substances contamination 
has resulted in the disposal of some of this sludge at the Juniper Ridge Landfill; and
Whereas, land disposal of waste at a landfill is the least desirable solid waste disposal 
option under the State's solid waste management hierarchy under Title 38, section 2101; 
and
Whereas, the Department of Environmental Protection approved only a partial 
expansion of the Juniper Ridge Landfill in 2017, granting a license for a capacity of 9.3 
million cubic yards of the available 22 million cubic yards; and
Whereas, as a result of this temporary increase in disposal of municipal solid waste 
and wastewater treatment plant sludge at the Juniper Ridge Landfill, the partial expansion, 
which was expected to last through 2033, is now expected to use that capacity by 2028, 
thus necessitating another permitting process to complete the expansion; and
Whereas, the loss of municipal solid waste handling, processing and disposal services 
at the Coastal Resources of Maine, LLC facility and at the Penobscot Energy Recovery 
Company waste-to-energy facility and the increased rate of municipal solid waste and 
wastewater treatment plant sludge disposal at the Juniper Ridge Landfill is creating a 
hardship for the City of Old Town and its residents, is placing stress on the 159 
municipalities that have statutory obligations to provide municipal solid waste disposal 
services and is straining the resources of sewer and utility districts and departments, as well 
as consuming valuable and finite state-owned solid waste landfill resources that are 
supposed to be the last resort for solid waste disposal; and
Whereas, the Department of Administrative and Financial Services, Bureau of 
General Services is responsible for oversight and management of state-owned property, 
including the Juniper Ridge Landfill; and
Whereas, under Title 38, section 2122, the Department of Environmental Protection 
is required to "prepare an analysis of, and a plan for, the management, reduction and 
recycling of solid waste for the State. The plan must be based on the priorities and recycling 
goals established in sections 2101 and 2132. The plan must provide guidance and direction 
to municipalities in planning and implementing waste management and recycling programs 
at the state, regional and local levels" and to provide periodic updates of that plan; 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 necessary for the preservation of the public peace, health and safety; now, 
therefore, be it
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 environmental 
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 Department of Environmental Protection may, as 
necessary, consult with the Department of Administrative and Financial Services, Bureau 
of General Services, referred to in this resolve as "the bureau."
On or before January 1, 2026, the Department of Environmental Protection shall submit 
to the Joint Standing Committee on Environment and Natural Resources a report outlining 
the findings and recommendations of the evaluation under this section and including any 
proposed legislation.  After reviewing the report, the committee may report out legislation 
relating to the report to the Second Regular Session of the 132nd Legislature.
Sec. 2.  Report on Old Town landfill operating services agreement.  
Resolved:  That the bureau and the Department of Environmental Protection shall evaluate 
options for amending the operating services agreement of February 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 January 1, 2026, the bureau and the department shall jointly submit to the 
Joint Standing Committee on Environment and Natural Resources a report outlining the 
findings and recommendations of the evaluation under this section and including any 
proposed legislation.  After reviewing the report, the committee may report out legislation 
relating to the report to the Second Regular Session of the 132nd Legislature.
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, referred to in this section as 
"the landfill," concerning the operation of the landfill.  
1.  Notwithstanding any provision of law or bureau rule to the contrary, the bureau may 
not execute any amendment to the agreement:
A.  Prior to the bureau's submission to the Department 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 PFAS 
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 Department of Health and Human Services pursuant to the 
Maine Revised Statutes, Title 22, section 2611.  The amendment may include 
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 PFAS 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 
Department 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, "community water system" has the same meaning as in Title 
22, section 2660-B, subsection 2; "nontransient, noncommunity water system" means 
a nontransient, noncommunity water system as described in Title 22, section 2660-B, 
subsection 5, paragraph A; and "regulated PFAS contaminants" has the same meaning 
as in Title 22, section 2660-AA, subsection 4; and
C.  Includes other terms, conditions or changes to the agreement that are negotiated 
and agreed upon by the bureau and the operator of the landfill.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This resolve does the following.
1.  It requires the Department of Environmental Protection to 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 1, 
2026, the department is required to submit to the Joint Standing Committee on 
Environment and Natural Resources a report outlining the findings and recommendations 
of the evaluation and including any proposed legislation, and the committee may report out 
related legislation to the Second Regular Session of the 132nd Legislature.
2.  It requires the Department of Administrative and Financial Services, Bureau of 
General Services and the Department of Environmental Protection to evaluate options for 
amending the operating services agreement of February 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 activities of the operator of the landfill.  
On or before January 1, 2026, the bureau and the Department of Environmental Protection 
are required to jointly submit to the Joint Standing Committee on Environment and Natural 
Resources a report outlining the findings and recommendations of this evaluation and 
including any proposed legislation.  After reviewing the report, the committee may report 
out related legislation to the Second Regular Session of the 132nd Legislature.  
3.  It requires the Department of Administrative and Financial Services, Bureau of 
General Services to initiate a process to negotiate an amendment to the operating services 
agreement of February 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 38, section 
1310-AA and unless the amendment to the agreement includes certain 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 necessary to ensure that the leachate collected from the 
landfill is treated prior to discharge such that the concentration of regulated PFAS 
contaminants in the treated leachate does not exceed specified standards.