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,
Sec. 1. 38 MRSA §1302, 3rd ¶, as repealed and replaced by PL 1989, c. 585, Pt.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Sec. 2. 38 MRSA §1310-N, first ¶, as repealed and replaced by PL 1993, c. 680, Pt.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:
No A 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:
Sec. 4. 38 MRSA §1310-AA, sub-§5, as amended by PL 2011, c. 566, §6, is further amended to read:
Sec. 5. 38 MRSA §1310-AA, sub-§6, as enacted by PL 2009, c. 348, §2 and affected by §3, is amended to read:
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.
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.