‘An Act To Clarify Solid Waste Policy Relating to State-owned Disposal Facilities’
| SP0243 LD 694 |
Session - 126th Maine Legislature C "A", Filing Number S-220, Sponsored by
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LR 1010 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Clarify Solid Waste Policy Relating to State-owned Disposal Facilities’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
Sec. 1. 38 MRSA §1310-N, sub-§1, ¶B, as amended by PL 2007, c. 414, §2, is further amended to read:
Sec. 2. 38 MRSA §1310-AA, sub-§1-B is enacted to read:
Sec. 3. 38 MRSA §1310-AA, sub-§6, as enacted by PL 2009, c. 348, §2 and affected by §3, is repealed.
Sec. 4. Application. The provisions of this Act do not apply to an application for a license pending on the effective date of this Act.’
summary
This amendment replaces the bill. It provides that the Department of Environmental Protection may not process or act on an application for a new, modified or amended solid waste license for a solid waste disposal facility acquired by the State after January 1, 2007 until the facility has applied for and received a public benefit determination from the department. It provides that a solid waste disposal facility owned by the State before January 1, 2007 is deemed to hold a public benefit determination for the licensed disposal capacity at the facility on the effective date of the Act. In addition, for such facilities owned by the State before January 1, 2007, it authorizes the department to require an application for a modified public benefit determination if the department finds that a material change in the underlying facts or circumstances has occurred or is proposed. The amendment also clarifies that, regardless of the date of state ownership, the department may not process or act upon any application to expand a facility until the facility has applied for and received a public benefit determination.