Public Laws

124th Legislature

First Regular Session

Parts: A B

Chapter 412

H.P. 519 - L.D. 760


Sec. B-1. PL 2007, c. 583, 10 is amended to read:

Sec. 10. Duties and responsibilities for managing solid waste. By July 31, 2008, the Department of Environmental Protection and the Executive Department, State Planning Office, referred to in this section as "the agencies," shall develop a system by which solid waste management activities are performed by them. By August 30, 2008, the agencies shall implement elements of the system that do not require statutory changes. By January 5, 2009, the agencies shall submit a report on the system to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must identify any legislative changes that are necessary for the implementation of the system and must report on the elements of the system that have been implemented by the agencies. The report must also include an analysis of the agencies' respective ability to control the different and various waste streams flowing into state-owned landfills. The committee may report out legislation relating to the report to the First Second Regular Session of the 124th Legislature.

Sec. B-2. Review and assessment of solid waste management policy; state-owned landfills. The Executive Department, State Planning Office shall work collaboratively with other state agencies and interested parties to conduct a review and assessment of the State's solid waste management policy and submit a report relating to the review and assessment. The review and assessment must include, but is not limited to:

1. Whether funding for management and oversight of state-owned landfills is sufficient to carry out the legislative intent of the Maine Revised Statutes, Title 38, chapter 13;

2. Whether management or operational modifications should be instituted at the state-owned landfill;

3. Whether amendments to the operating services agreement between the State and the operator of the state-owned landfill should be negotiated to eliminate fuel services agreements and caps on tipping fees and to establish annual maximum fill rates; and

4. Whether the restriction on the expansion of commercial solid waste disposal facilities in Title 38, section 1310-X, subsection 3, paragraph B should be amended to allow a currently existing facility that is not under order or agreement to close to expand onto any contiguous property that the licensee may own or acquire.

By January 5, 2010, the office shall report its findings and recommendations, including any draft legislation necessary to implement its recommendations, to the Joint Standing Committee on Natural Resources, which is authorized to submit legislation related to the report to the Second Regular Session of the 124th Legislature.

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333