SP0243
LD 694
PUBLIC Law, Chapter 243

on - Session - 126th Maine Legislature
 
 
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An Act To Clarify Solid Waste Policy Relating to State-owned Disposal Facilities

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §1310-N, sub-§1, ¶B,  as amended by PL 2007, c. 414, §2, is further amended to read:

B.  In the case of a disposal facility, the facility provides a substantial public benefit, determined in accordance with subsection 3-A , except that this paragraph does not apply to a facility owned by the State and in operation prior to June 1, 2007 or to an expansion of that facility; and

Sec. 2. 38 MRSA §1310-AA, sub-§1-B  is enacted to read:

1-B State-owned solid waste disposal facilities.   This subsection applies to public benefit determinations for solid waste disposal facilities owned by the State.
A The department may not process or act upon any application for a new, modified or amended solid waste license for a solid waste disposal facility acquired by the State after January 1, 2007, including an application to expand, until the facility has applied for and received a public benefit determination.
B 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 this subsection. The department may require the holder of a public benefit determination under this paragraph to submit 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, including, but not limited to, a change in the disposal capacity or a change of the owner or operator of the facility. The department may not process or act upon any application to expand a solid waste disposal facility owned by the State before January 1, 2007 until the facility has applied for and received a public benefit determination.

Sec. 3. 38 MRSA §1310-AA, sub-§6,  as enacted by PL 2009, c. 348, §2 and affected by §3, is repealed.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.

Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.


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