CHAPTER 617
S.P. 47 - L.D. 141
An Act To Ensure Proper Disposal of Debris and Protection of the Environment
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the current rules regarding beneficial use of secondary materials do not adequately provide for the regulation of the use of construction and demolition debris; and
Whereas, rules are needed to provide facilities and potential facilities that are seeking to make investments in the State with the necessary regulatory framework under which facilities will be required to operate; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1306, sub-§6 is enacted to read:
6. Construction and demolition debris. The substitution of wood from construction and demolition debris for conventional fuels used in a boiler may not exceed 50% of total fuel by weight combusted on an average annual basis.
Sec. 2. Rule adoption. Notwithstanding the Maine Revised Statutes, Title 5, chapter 375 and Title 38, section 341-D, subsection 1-B, within 30 days after the effective date of this Act, the Board of Environmental Protection shall adopt the rule amendments to Chapter 418: Beneficial Use of Solid Wastes, Chapter 402: Transfer Stations and Storage Sites for Solid Waste, Chapter 405: Water Quality Monitoring, Leachate Monitoring, and Waste Characterization and Chapter 409: Processing Facilities that were proposed to the Board of Environmental Protection by the Department of Environmental Protection and that, following notice and comment as required by Title 5, chapter 375, were the subject of a public hearing before the board on November 17, 2005, except that the rules must reflect the changes made by the department that were contained in the draft rules submitted to the board on March 16, 2006 and may not allow the substitution of wood from construction and demolition debris for conventional fuels used in a boiler to exceed 50% of total fuel by weight combusted on an average annual basis pursuant to Title 38, section 1306, subsection 6. Amendments to chapters 418, 402, 405 and 409 that are adopted by the board after 30 days after the effective date of this Act are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 3. Source separation report. The Department of Environmental Protection shall evaluate the feasibility of requiring source separation and state-of-the-art processing that will achieve, to the greatest extent practicable, the removal of all toxic materials from construction and demolition debris prior to combustion in a boiler. The evaluation must include, but is not limited to, a review of the "positive pick" method of sorting, and requiring material separation at the location at which buildings are demolished. By February 1, 2007, the department shall submit a report in connection with the evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include the department's findings and recommendations and any proposed legislation.
Sec. 4. Best available control technology report. The Department of Environmental Protection shall evaluate the economic and technological feasibility of requiring all boilers that burn construction and demolition debris to use the best available control technology in order to minimize toxic air emissions. By February 1, 2007, the department shall submit a report in connection with the evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include the department's findings and recommendations and any proposed legislation.
Sec. 5. Report regarding amount of construction and demolition debris wood fuel substitution. The Department of Environmental Protection shall evaluate the effects of allowing the substitution of wood from construction and demolition debris for conventional fuels used in a boiler to exceed 50% of total fuel by weight combusted on an annual average basis if the following conditions are met:
1. The boiler is designed and constructed for the primary purpose of power generation and not waste disposal;
2. The boiler employs the best available control technology as determined by the department; and
3. All other applicable regulatory standards are met with regard to the facility.
By February 1, 2007, the Department of Environmental Protection shall submit a report in connection with the evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include the department's findings and recommendations and any proposed legislation.
Sec. 6. Authority to report legislation. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation to the First Regular Session of the 123rd Legislature relating to the reports submitted by the Department of Environmental Protection pursuant to sections 3, 4 and 5.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 2, 2006.
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