CHAPTER 612

S.P. 712 - L.D. 1795

An Act To Ensure the Long-term Capacity of Municipal

Landfills

Be it enacted by the People of the State of Maine as follows:

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

1-B.__Bypass.__"Bypass" means any solid waste that is destined for disposal, processing or beneficial use at a solid waste facility but that cannot be disposed of, processed or beneficially used at that facility because of the facility's malfunction, insufficient capacity, inability to process or burn, downtime or any other comparable reason.__This subsection is repealed January 1, 2007.

Sec. 2. 38 MRSA §1303-C, sub-§6, as repealed and replaced by PL 1999, c. 525, §1, is amended to read:

6. Commercial solid waste disposal facility. "Commercial solid waste disposal facility" means a solid waste disposal facility except as follows:

A. A Beginning January 1, 2007, a solid waste facility owned by a public waste disposal corporation under section 1304-B, subsection 5 as long as the public waste disposal corporation controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility;

A-1.__Until January 1, 2007, a solid waste facility that is owned by a public waste disposal corporation under section 1304-B, subsection 5 as long as the public waste disposal corporation controls the decisions regarding the type and