Sec. 1. 38 MRSA §1303-C, sub-§1-B is enacted to read:

1-B.__Bypass waste.__"Bypass waste" means any municipal solid waste destined for disposal, processing or beneficial use at a solid waste facility that cannot be disposed of, processed or beneficially used at that solid waste facility because of malfunction, insufficient capacity, inability of the facility to process or burn the waste, downtime or any other reason.

Sec. 2. 38 MRSA §1304, sub-§§20 and 21 are enacted to read:

20.__Bypass waste.__The board shall adopt rules to limit the transfer of bypass waste to solid waste landfills.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

21.__Disposal of municipal solid waste in landfill.__The board shall adopt rules to ensure that disposal in a solid waste landfill is not the primary method for disposal of municipal solid waste.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill directs the Board of Environmental Protection to adopt rules to limit the transfer of bypass waste to landfills and to ensure that disposal in a landfill is not the primary means for disposal of municipal solid waste.