Whereas, this legislation allows the owner or operator of a privately owned solid waste disposal facility to use the financial assurance mechanisms allowed under federal law for closure and post-closure care of the facility; and

Whereas, the enactment of this legislation will facilitate the closure of privately owned solid waste landfills; 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Sec. 1. 38 MRSA §1310-Y, sub-§1, ¶F, as enacted by PL 1993, c. 378, §9, is repealed.

Sec. 2. 38 MRSA §1310-Y, sub-§1, ¶G is enacted to read:

G.__Any of the allowable assurance mechanisms set forth in 40 Code of Federal Regulations, Section 258.74 or its successor provision, regardless of the type of solid waste disposal facility.

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

SUMMARY

This bill allows an owner or operator of a licensed solid waste disposal facility to use the financial assurance mechanisms allowed under federal law for closure and post-closure care and for corrective action for known releases.