Sec. 1. 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 1, articles 5-A and 6 and the rules adopted under these articles. Municipal ordinances must use definitions consistent with those adopted by the board. This section may not be construed to limit a municipality's adoption of environmental standards under its home rule authority governing the spreading of sludge on land that are at least as stringent as the environmental standards governing the spreading of sludge on land that may be imposed in the State or in the political subdivision of the State where the sludge originates.

SUMMARY

This bill clarifies that under current state law a municipality may adopt environmental standards that apply to the land application of sludge that are at least as stringent as the environmental standards that apply in the State or political subdivision of the State where the sludge originates.