Whereas, waste management has long been a priority of the State; and

Whereas, it is essential that the laws regarding waste management be clear to owners, operators and users of commercial waste facilities for effective waste management in the State; and

Whereas, the definition of "commercial waste facility" in the laws regarding waste management may be misinterpreted as the definition is presently written; and

Whereas, a misinterpretation of the waste management laws may result in the improper disposal of waste that, once done, can not be easily undone; 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Sec. 1. 38 MRSA §1303-C, sub-§7, ķE, as amended by PL 1991, c. 220, §7, is repealed and the following enacted in its place:

E.__A single entity that generates 85% of the solid waste disposed of at the facility, except that the facility may accept from other sources, on a nonprofit basis, an amount of solid waste that is no more than 15% of all solid waste accepted on an annual basis by volume or weight, whichever is smaller.__For purposes of this paragraph, "single entity" means an individual, partnership, corporation or limited liability company but does not include an individual partner, shareholder, member or other ownership interest in the entity.__A waste facility receiving ash that has resulted from the combustion of municipal solid waste or refuse-derived fuel is not exempt from this subsection solely by operation of this paragraph; or

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.