An Act To Allow Municipalities To Contract with and Dispose of Waste, including Residue, in State-owned Solid Waste Disposal Facilities, as Allowed under a Facility License, To Ensure Compliance with the Solid Waste Management Hierarchy

Sec. 1. 38 MRSA §2184, sub-§4  is enacted to read:

Sec. 2. 38 MRSA §2185  is enacted to read:

§ 2185.  Contracts or agreements involving state-owned facilities

Notwithstanding any other provision of law to the contrary, the owner or operator of a state-owned solid waste disposal facility may not enter into, implement or enforce a contract or agreement with any person that prohibits, directly or indirectly, a municipality or regional association from entering into a contract or agreement with the owner or operator of the facility to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility.

summary

This bill ensures compliance with the solid waste management hierarchy established in the Maine Revised Statutes, Title 38, section 2101 by authorizing a municipality or regional association to enter into a contract or agreement with the owner or operator of a state-owned solid waste disposal facility in order to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility. This bill also prohibits the owner or operator of a state-owned solid waste disposal facility from entering into, implementing or enforcing a contract or agreement with any person to prohibit, directly or indirectly, a municipality or regional association from entering into a contract or agreement with the owner or operator of the facility to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility.