CHAPTER 479
H.P. 351 - L.D. 474
An Act to Amend the Waste Management Laws Regarding Landfill Closure
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1310-F, sub-§1-B, as amended by PL 1995, c. 665, Pt. HH, §1, is repealed and the following enacted in its place:
1-B. Closure cost-share fraction. Subject to the availability of funds, the commissioner shall issue grants or payments for the following percentages of landfill closure costs incurred by municipalities.
A. The state cost share is 75% of closure costs incurred before July 1, 1994.
B. The state cost share is 50% of landfill cover costs and 75% of other closure costs incurred on or after July 1, 1994 and before January 1, 1996.
C. The state cost share is 30% of landfill cover costs and 75% of other closure costs incurred on or after January 1, 1996 and before January 1, 2000.
D. Notwithstanding paragraphs B and C, the state cost share is 75% of closure costs, including landfill cover costs, incurred on or after July 1, 1994 and before January 1, 2000, if:
(1) The costs are incurred pursuant to a written agreement between the municipality and the department executed before July 1, 1994; or
(2) The commissioner determines that the closure work was delayed for reasons beyond the control of the municipality and the costs are identified in and incurred pursuant to a written agreement between the municipality and the department.
The state cost share is 0% of landfill closure costs incurred on or after January 1, 2000, except that the commissioner may issue grants or payments for 30% of those costs if incurred pursuant to an alternative closure schedule executed before January 1, 2000, and if specifically identified in a department order or license, schedule of compliance or consent agreement.
As used in this subsection, "landfill cover costs" means the cost of materials and the cost of placement of materials associated with the physical construction of that portion of a cover over a landfill that meets the minimum landfill cover permeability of 1 x 10(-5)cm./sec. and the thickness standards of 40 Code of Federal Regulations, Part 258, Section 258.60(a).
Sec. 2. 38 MRSA §1310-F, sub-§2, ķA, as repealed and replaced by PL 1995, c. 462, Pt. A, §77, is amended to read:
A. The commissioner may act to abate public health, safety and environmental threats at sites municipal solid waste landfills identified as uncontrolled hazardous substance sites under section 1362, subsection 3 or at federally declared Superfund sites. Notwithstanding any other provision of this article subsections 1-A and 1-B, the commissioner shall determine the amount of funds expended grants or payments issued to municipalities for the costs of remediation and closure at those sites.
Sec. 3. Allocation. The following funds are allocated from Other Special Revenue to carry out the purposes of this Act.
1997-98 1998-99
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Solid Waste Management
Positions - Legislative count (1.000)
Personal Services $29,908 $91,028
All Other 2,500 7,500
____________ ____________
TOTAL $31,408 $98,528
Allocates funds for the continuation of one Environmental Specialist III position and one Environmental Specialist IV position.
Effective September 19, 1997, unless otherwise indicated.
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