An Act To Protect Public Safety and Provide for the Prudent Use of Landfill Capacity

Sec. 1. 38 MRSA §1306, sub-§7  is enacted to read:

Sec. 2. Determination of solid waste disposal capacity needs. The Executive Department, State Planning Office and the Department of Environmental Protection shall determine the solid waste disposal capacity needs of the State as of January 1, 2009 for 3, 5 and 10 years and report their findings to the Joint Standing Committee on Natural Resources no later than November 5, 2009. Based on the capacity needs as of January 1, 2009, the State Planning Office and the Department of Environmental Protection shall determine the capacity of state-owned landfills. The State Planning Office and the Department of Environmental Protection shall determine their ability to control the different and various waste streams flowing into state-owned landfills, broken down by waste stream and by the sources of these waste streams, whether in-state or out-of-state. The Department of Environmental Protection shall determine how best to control the flow of waste coming into the State in order to ensure the longevity of state-owned landfills and save taxpayers money. The Department of Environmental Protection shall adopt major substantive rules, as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, to extend the life of state-owned landfills.

summary

This bill provides that a person may not deliver waste of any kind in a vehicle with a gross vehicle weight of more than 80,000 pounds to a solid waste disposal facility, solid waste facility, solid waste landfill or waste facility if that facility or landfill is owned by the State and has been expanded on or after October 1, 2009. It also provides that the operator of a solid waste disposal facility, solid waste facility, solid waste landfill or waste facility that has been expanded on or after the effective date of this Act and is owned by the State may not accept for delivery at that facility or landfill waste of any kind that has been hauled in a vehicle with a gross vehicle weight of more than 80,000 pounds. The bill requires the Executive Department, State Planning Office and the Department of Environmental Protection to determine the solid waste disposal capacity needs of the State as of January 1, 2009 for 3, 5 and 10 years and report their findings to the Joint Standing Committee on Natural Resources no later than November 5, 2009. Based on the capacity needs as of January 1, 2009, the State Planning Office and the Department of Environmental Protection shall determine the capacity of state-owned landfills. The State Planning Office and the Department of Environmental Protection shall determine their ability to control the different and various waste streams flowing into state-owned landfills, broken down by waste stream and by the sources of these waste streams, whether in-state or out-of-state. The Department of Environmental Protection shall determine how best to control the flow of waste coming into the State in order to ensure the longevity of state-owned landfills and save taxpayers money. The Department of Environmental Protection shall adopt major substantive rules to extend the life of state-owned landfills.