PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Clarify Solid Waste Policy
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas,  there may be applications for modifications to the type or volume of solid waste accepted at existing solid waste facilities prior to the expiration of the 90-day period; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1302, 3rd ¶, as repealed and replaced by PL 1989, c. 585, Pt. E, §2, is amended to read:
The Legislature finds that it is in the best interests of the State to prefer waste management options with lower health and environmental risk and to ensure that such options are neither foreclosed nor limited by the State's commitment to disposal methods. The Legislature declares that it is in the public interest to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management. The Legislature further finds that the highest and best use of a state-owned solid waste facility is for those permitted special wastes that cannot be handled by these preferred methods of waste management.
Sec. 2. 38 MRSA §1310-N, first ¶, as repealed and replaced by PL 1993, c. 680, Pt. A, §37 and amended by PL 2011, c. 682, §38, is further amended to read:
NoA person may not locate, establish, construct, expand the disposal capacity of, change the type or volume of waste accepted by or operate any solid waste facility unless approved by the department under the provisions of this chapter. When the proposed facility is located within the jurisdiction of the Maine Land Use Planning Commission, in addition to any other requirement, the department shall require compliance with existing standards of the commission.
Sec. 3. 38 MRSA §1310-AA, sub-§1, as enacted by PL 1995, c. 465, Pt. A, §22 and affected by Pt. C, §2, is amended to read:
 
1. Application for public benefit determination.   Prior to submitting an application under section 1310-N for a license for a new or expanded solid waste disposal facility, a person must apply to the commissioner for a determination of whether the proposed facilityor the proposed modification to the type or volume of waste accepted provides a substantial public benefit.
Sec. 4. 38 MRSA §1310-AA, sub-§5, as amended by PL 2011, c. 566, §6, is further amended to read:
 
5. Modifications.   Public benefit determinations may be revised by the department if the department finds that a material change in the underlying facts or circumstances upon which a public benefit determination was based has occurred or is proposed, including, but not limited to, a change related to disposal capacity or, a change of the owner or operator of a facility or a change in the type or volume of the waste accepted. The department may require the holder of a public benefit determination to submit an application for modification of that determination if the department finds that a change in the underlying facts or circumstances has occurred or is proposed.
Sec. 5. 38 MRSA §1310-AA, sub-§6, as enacted by PL 2009, c. 348, §2 and affected by §3, is amended to read:
 
6. Substantial public benefit.   The department may not process or act upon any application for a new or expanded solid waste disposal facility or for a proposed modification to the type or volume of waste accepted by the solid waste disposal facility owned by the State pending before the department on or after January 15, 2009 unless the commissioner determines, in accordance with this section, that the proposed facilityor the proposed modification to the type or volume of waste accepted provides a substantial public benefit.
Sec. 6. Application. Notwithstanding the Maine Revised Statues, Title 1, section 302, this Act applies to applications for licenses or permits pending on the effective date of this Act.
Emergency clause.  In view of the emergency cited in the preamble, this legislation takes effect when approved.
 
SUMMARY
This bill:
1. Amends the declaration of policy in the laws governing waste management to provide that the Legislature finds that the highest and best use of a state-owned solid waste facility is for those permitted special wastes that cannot be handled by waste reduction, reuse and recycling, which are the preferred methods of waste management; and
2. Provides that a change in the type or volume of waste accepted by a facility requires approval by the Department of Environmental Protection and a public benefit determination.