Sec. 1. 38 MRSA §1305, sub-§8, as amended by PL 1997, c. 38, §2, is further amended to read:

8. Septage and sludge permits; municipal enforcement. Pursuant to Title 30-A, section 4452, subsection 6, a municipality, after notifying the department, may enforce the terms and conditions of a septage land disposal or storage site permit or a sludge land application or storage site permit issued by the department under this subchapter. Upon the request of the municipal officials, the department shall assist that municipality in the monitoring and enforcement of all permits the department has issued for sludge or septage land applications by physically inspecting each permitted site in the municipality at least once during the calendar year of the request provided residuals were applied to the permitted site during that year.__ The department shall provide the municipality sufficient notice of its on-site inspection so that the municipal officials may join the department in its inspection.

Sec. 2. 38 MRSA §1310-U, 2nd ¶, as amended by PL 1995, c. 126, §2, is further amended to read:

Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second and Title 30-A, section 3001, municipalities, except as provided in this section, may enact ordinances with respect to solid waste facilities that contain standards the municipality finds reasonable, including, without limitation, conformance with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard outside the facility; distance from existing residential, commercial or institutional uses; ground water protection; surface water protection; erosion and sedimentation control; and compatibility of the solid waste facility with local zoning and land use controls, provided that the standards are not more strict than those contained in this chapter and in chapter 3, subchapter I, articles 5-A and 6 and the rules adopted under these articles. This section does not preempt municipalities from enacting ordinances with respect to the land application of municipal wastewater treatment plant sludge that is subject to site-specific permitting that require the actual sludge material that will be spread in that municipality to be laboratory tested for consistency with standards otherwise established by state law or rule, with all costs associated with collection and testing to be borne by the applicant.__Testing is limited to one composite sample analysis per licensed application site per year. Municipal ordinances must use definitions consistent with those adopted by the board.