Sec. 1. 38 MRSA §1304, sub-§1, as amended by PL 1989, c. 585, Pt. E, §5, is further amended to read:

1. Rules. Subject to the Maine Administrative Procedure Act, Title 5, chapter 375, the board may adopt, and amend and shall enforce rules as it deems necessary to govern waste management, including the location, establishment, construction and alteration of waste facilities as the facility affects the public health and welfare or the natural resources of the State. The rules shall must be designed to minimize pollution of the State's air, land and surface and ground water groundwater resources, prevent the spread of disease or other health hazards, prevent contamination of drinking water supplies and protect public health and safety. In adopting these rules, the board shall also consider economic impact, technical feasibility and such differences as are created by population, hazardous or solid waste, sludge or septage volume and geographic location.

Sec. 2. 38 MRSA §1304, sub-§13, as amended by PL 1995, c. 656, Pt. A, §23, is further amended to read:

13. Innovative disposal and utilization. Recognizing that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource, the commissioner may investigate and implement with the approval of the board innovative programs for managing, utilizing and disposing of solid waste. Innovative programs may include agricultural and forest land spreading of wood-derived ash, utilization of ash resulting from combustion of municipal solid waste, paper mill sludges, municipal waste water wastewater treatment plant sludges and the composting of yard wastes. The office shall first determine that the proposed innovative disposal and waste management programs are consistent with the state plan. The commissioner shall review proposed innovative programs for each waste category and shall apply all controls necessary to ensure the protection of the environment and public health consistent with this chapter. The department may not issue a license for the land application of any sludge that contains biomedical waste. The board may adopt application review procedures designed to review individual applications and their individual waste sources with prior approval of classes of disposal or utilization sites. The board shall adopt provisions for municipal notification prior to use of individual utilization sites.

Sec. 3. 38 MRSA §1310-N, sub-§1, as amended by PL 1997, c. 393, Pt. A, §47, is further amended to read:

1. Licenses. The department shall issue a license for a waste facility whenever it finds that: