Whereas, municipal landfills in the State are currently considering accepting out-of-state waste; and

Whereas, it is imperative that the prohibitions contained in this Act take effect as soon as possible; 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 §1305, sub-§10 is enacted to read:

10.__Contract with private entity.__A municipality may enter into a contract with a private entity to operate a municipal solid waste facility as long as:

A.__The municipality controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility; and

B.__The municipality accepts only waste that is generated within the State.

Sec. 2. 38 MRSA §1305-C is enacted to read:

§1305-C.__Sale or transfer of municipal solid waste facility

Notwithstanding any provision of this chapter to the contrary, upon the sale or transfer of a municipal solid waste facility to a private entity, the license issued by the department for that solid waste facility is terminated.

Sec. 3. 38 MRSA §1306, sub-§6 is enacted to read:

6.__Out-of-state waste.__A person may not dispose of waste in a solid waste facility owned by a municipality in this State if the waste originated outside the territorial limits of the State.

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