S.P. 839 - L.D. 2238
An Act to Clarify the Solid Waste Laws as They Relate to the Exception to the Ban on New Commercial Landfills
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, waste management has long been a priority of the State; and
Whereas, it is essential that the laws regarding waste management be clear to owners, operators and users of commercial waste facilities for effective waste management in the State; and
Whereas, the definition of "commercial waste facility" in the laws regarding waste management may be misinterpreted as the definition is presently written; and
Whereas, a misinterpretation of the waste management laws may result in the improper disposal of waste that, once done, can not be easily undone; 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 §1303-C, sub-§6, as enacted by PL 1989, c. 585, Pt. E, §4, is repealed and the following enacted in its place:
6. Commercial solid waste disposal facility. "Commercial solid waste disposal facility" means a solid waste disposal facility except as follows:
A. 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;
B. A solid waste facility owned by a municipality under section 1305 as long as the municipality controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility;
C. A solid waste facility owned by a refuse disposal district under chapter 17 as long as the refuse disposal district controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility;
D. A solid waste facility owned and controlled by the office under chapter 24;
E. A solid waste facility owned and controlled by a single entity that generates at least 85% of the solid waste disposed of at the facility, except that the facility may accept from other sources, on a nonprofit basis, an amount of solid waste that is no more than 15% of all solid waste accepted on an annual basis. For purposes of this paragraph, "single entity" means an individual, partnership, corporation or limited liability company that is not engaged primarily in the business of treating or disposing of solid waste or special waste. This paragraph does not apply if an individual partner, shareholder, member or other ownership interest in the single entity disposes of waste in the solid waste facility. A waste facility receiving ash resulting from the combustion of municipal solid waste or refuse-derived fuel is not exempt from this subsection solely by operation of this paragraph; or
F. A private corporation that accepts material-separated, refuse-derived fuel as a supplemental fuel and does not burn waste other than its own.
Sec. 2. 38 MRSA §1303-C, sub-§7, as amended by PL 1995, c. 656, Pt. A, §20, is repealed.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 17, 1999.
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