§ 38 §1310-N — Solid waste facility licenses

No person may locate, establish, construct, expand the disposal capacity of or operate any solid waste facility unless approved by the department under the provisions of this chapter. When the proposed facility is located within the jurisdiction of the Maine Land Use Planning Commission, in addition to any other requirement, the department shall require compliance with existing standards of the commission.
1.
Licenses.
The department shall issue a license for a waste facility whenever it finds that:
1-A.
Surface water protection.
The department may not issue a license for a solid waste facility if it finds that the proposed facility will cause an unreasonable threat to the quality of a classified body of surface water. In determining whether the proposed facility poses an unreasonable threat, the department shall require the applicant to provide evidence demonstrating that:
2.
Finding of environmental suitability.
2-A.
Aquifer protection.
The department may not issue a license for a solid waste disposal facility when it finds that the proposed facility overlies a significant sand and gravel aquifer or when the department finds that the proposed facility poses an unreasonable threat to the quality of a significant sand and gravel aquifer it does not overlie, or to an underlying fractured bedrock aquifer.
2-B.
Traffic movement.
2-C.
Proximity to residential areas.
2-D.
Setback requirements for transfer stations.
The department may not issue a permit or a license for a municipal solid waste transfer station unless the location of the handling site conforms to the following setback requirements.
2-E.
Automobile dismantling, recycling and salvage operations.
The department may not issue a license for a solid waste facility that is larger than 3 acres in size and that is the location of automobile dismantling, recycling and salvage if the automobile dismantling, recycling and salvage operations take place within 100 feet of a well that serves as a public or private water supply. This prohibition does not include a private well that serves only the facility or the owner's or operator's abutting residence.
2-F.
Siting standards.
The department shall issue a license for a new or expanded solid waste facility when it finds that the following standards, in addition to any other requirements of this chapter, have been met.
2-G.
Setback requirement for land application and off-site storage of sludge.
The department may not issue a license for a sludge land application site that is within 75 feet of a river, perennial stream or great pond. The department may not issue a license for a sludge storage site or storage facility off the site of generation that is within 250 feet of a river, perennial stream or great pond. Upon the written request to the department of a person who owns property that abuts a sludge land application site or storage facility, the department shall restrict the sludge application or sludge storage site to no less than 50 feet from that abutting property boundary. The board may establish other setbacks by rule.
3.
Public benefit determination.
3-A.
Public benefit determination.
Public benefit determination is made in the following manner.
4.
Presumption of public benefit.
5.
Recycling and source reduction determination.
5-A.
Recycling and source reduction determination.
The requirements of this subsection apply to solid waste disposal facilities and to solid waste processing facilities that generate residue requiring disposal.
6.
Terms and compliance schedules.
Except as provided in subsection 6‑D, licenses are issued under terms and conditions the department prescribes, and for a term not to exceed 5 years. The department may establish reasonable time schedules for compliance with this article and rules adopted by the board. A licensed or unlicensed municipal solid waste landfill operating on December 31, 1991 may continue to operate until December 31, 1992 unless the commissioner finds that continued operation of a landfill poses an immediate hazard to the public health or the environment, including, without limitation, a threat to a public or private water supply.
6-A.
Relicensing.
Notwithstanding subsection 6, a transfer station or a recycling facility licensed under this chapter is not subject to relicensing unless the standards in effect at the time the previous license was issued are changed or the facility significantly changes its operation. For the purposes of this subsection, a transfer station includes any associated area or use that is permitted by the license, such as areas used to burn or chip wood or brush and areas used to store or handle white goods or tires, but does not include any associated wood waste or demolition debris landfills.
6-B.
Unlicensed landfills operating after December 31, 1992.
Notwithstanding subsection 6, the commissioner shall enter into an agreement with a municipality allowing that municipality to operate an unlicensed municipal solid waste landfill after December 31, 1992 if the commissioner determines that the municipality has:
6-C.
Summary of federal regulations.
The commissioner shall provide a summary of the criteria for municipal solid waste landfills set forth in 40 Code of Federal Regulations, Part 258 (1992) to each municipality operating a licensed or unlicensed municipal solid waste landfill on the effective date of this subsection. The summary must describe the operational and, where possible, the economic implications under federal and state rules of accepting waste at a municipal solid waste landfill after October 8, 1993.
6-D.
Solid waste facilities licensed under rules valid on or after May 24, 1989.
A solid waste facility license issued under applicable solid waste management rules valid on or after May 24, 1989 remains in effect unless modified under section 341‑D, subsection 3 or revoked or suspended under section 342, subsection 11‑B. These licensees must:
6-E.
Unlicensed wood-waste, construction and demolition debris landfills.
An unlicensed municipal solid waste landfill accepting waste consisting exclusively of wood, landscape refuse or construction and demolition debris and operating as of the effective date of this subsection, may:
6-F.
Agreements regarding unlicensed wood-waste, construction and demolition debris landfills operating after December 31, 1995.
The commissioner may enter into an agreement with a municipality operating an unlicensed wood-waste, construction and demolition debris landfill as authorized under subsection 6‑E, paragraph B, allowing that municipality to continue operating after December 31, 1995, if:
7.
Criminal or civil record.
The department may refuse to grant a license under this article if it finds that the applicant or, if the applicant is other than a natural person, any person having legal interest in the applicant has been found guilty of a criminal or civil violation of laws administered by the department or other laws of the State, other states, the United States or another country.
8.
Exemption.
The disposal of construction and demolition debris, land clearing debris and wood wastes is exempt from the requirements of this chapter when:
9.
Host community agreements.
The following provisions apply to a solid waste disposal facility, except that this subsection does not apply to a facility owned by the State or to a facility described in section 1303‑C, subsection 6, paragraph E or F.
10.
Water supply testing.
Upon written request to the department from the owner of property abutting a commercial solid waste disposal facility that accepts special waste for landfilling, the department shall require the facility licensee to have conducted biannual sampling and analysis of a private water supply well used by the requestor for drinking water. This subsection applies only if the requestor owned and resided and the private water supply well existed on that property prior to the time the property became an abutting property. For purposes of this subsection, "abutting" means both contiguous to the property on which the facility is located, including directly across a public or private right-of-way, and within one mile of the location of the facility.
10-A.
Testing of landfill leachate for perfluoroalkyl and polyfluoroalkyl substances.
In accordance with a schedule approved by the department, a solid waste landfill that collects and manages leachate shall integrate into the landfill's department-approved water quality monitoring plan the sampling and analysis of leachate for perfluoroalkyl and polyfluoroalkyl substances. A solid waste landfill shall provide the results from leachate testing conducted pursuant to this subsection to the department in accordance with the landfill's department-approved water quality monitoring plan and as part of the landfill's annual report. On an annual basis, the department shall make results from leachate testing conducted by solid waste landfills pursuant to this subsection available on its publicly accessible website.
10-B.
Testing of private water supplies for perfluoroalkyl and polyfluoroalkyl substances.
Upon written request to the department from the owner of a property abutting a solid waste landfill that collects and manages leachate, the department shall require the landfill to conduct a one-time sampling and analysis for perfluoroalkyl and polyfluoroalkyl substances of a private water supply well used by the owner for drinking water purposes. If the analysis indicates possible perfluoroalkyl and polyfluoroalkyl substances contamination of the private water supply well from the solid waste landfill, the department shall require the solid waste landfill to conduct additional sampling and analysis of the private water supply well for perfluoroalkyl and polyfluoroalkyl substances in a manner directed by the department. For purposes of this subsection, a property is considered to be abutting a solid waste landfill if the property is contiguous to property on which the landfill is located, including directly across a public or private right-of-way from the landfill, and is located within one mile of property on which the landfill is located.
11.
Waste generated within the State.
Consistent with the Legislature's findings in section 1302, a solid waste disposal facility owned by the State may not be licensed to accept waste that is not waste generated within the State.
12.
Citizen advisory committee notification.
Except for applications for minor alterations, the department may not issue a license or an amendment to a license to a solid waste disposal facility owned by the State unless the provisions of this subsection are satisfied.

Legislative History

PL 1987, c. 517, §25 (NEW). PL 1987, c. 557, §1 (AMD). PL 1989, c. 157 (AMD). PL 1989, c. 585, §§E24-28 (AMD). PL 1989, c. 890, §§A40, B242 (AMD). PL 1991, c. 43, §§1,2 (AMD). PL 1991, c. 43, §§4,5 (AFF). PL 1991, c. 72, §7 (AMD). PL 1991, c. 169 (AMD). PL 1991, c. 241 (AMD). PL 1991, c. 622, §X14 (AMD). PL 1991, c. 644, §1 (AMD). PL 1991, c. 745, §3 (AMD). PL 1993, c. 191, §1 (AMD). PL 1993, c. 191, §4 (AFF). PL 1993, c. 378, §§5,6 (AMD). PL 1993, c. 383, §36 (AMD). PL 1993, c. 680, §A37 (RPR). PL 1993, c. 732, §§B1,2,C19 (AMD). PL 1995, c. 73, §§1, 2 (AMD). PL 1995, c. 126, §1 (AMD). PL 1995, c. 160, §1 (AMD). PL 1995, c. 465, §§A13-16 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 642, §9 (AMD). PL 1997, c. 393, §§A47,48 (AMD). PL 1999, c. 393, §5 (AMD). PL 1999, c. 691, §1 (AMD). PL 2001, c. 212, §5 (AMD). PL 2007, c. 406, §2 (AMD). PL 2007, c. 414, §§2, 3 (AMD). PL 2007, c. 583, §§2-4 (AMD). PL 2009, c. 412, Pt. A, §1 (AMD). PL 2011, c. 543, §1 (AMD). PL 2011, c. 682, §38 (REV). PL 2013, c. 243, §1 (AMD). PL 2013, c. 458, §1 (AMD). PL 2015, c. 124, §8 (AMD). PL 2019, c. 619, §§4, 5 (AMD). PL 2021, c. 590, Pt. B, §2 (AMD). PL 2021, c. 626, §2 (AMD). RR 2021, c. 2, Pt. A, §132 (COR). PL 2023, c. 283, §1 (AMD). PL 2023, c. 283, §5 (AFF). PL 2023, c. 517, §§5, 6 (AMD). PL 2023, c. 646, Pt. A, §47 (AMD). PL 2025, c. 172, §§3, 4 (AMD). PL 2025, c. 373, §1 (AMD). PL 2025, c. 373, §4 (AFF).