LD 2070

APPROVED  CHAPTER
  APRIL 13, 2026  651
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-SIX
  _____
  H.P. 1383 - L.D. 2070
  An Act to Improve the Management of Landfill Leachate and Wastewater
  Treatment Plant Sludge at Solid Waste Landfills
    Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, this legislation directs the Department of Administrative and Financial
Services, Bureau of General Services to procure technical information from waste industry
professionals regarding criteria and considerations for siting new solid waste facilities in
the State and for the sustainable management of special wastes and municipal solid waste
bypass to ensure that sufficient capacity is available for those wastes that are generated in
the State until at least 2050; and
    Whereas, the bureau must initiate the process of procuring that information as soon
as possible and prior to the expiration of the 90-day period in order for the bureau to timely
submit a report regarding that information to the joint standing committee of the Legislature
having jurisdiction over environment and natural resources matters, as is provided in this
legislation; 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 §590, sub-§1, ¶F is enacted to read:
    F. A facility that is required to be licensed under this chapter and that processes or
    incinerates sludge shall implement best available control technology for any new
    source and best practical treatment for any existing source to minimize emissions of
    perfluoroalkyl and polyfluoroalkyl substances from the facility to the ambient air.
        (1) An applicant for a license under this chapter that is a facility that processes or
        incinerates sludge shall propose in the application the best available control
        technology or best practical treatment, as applicable, for department approval.
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        (2) A license issued by the department pursuant to this chapter to a facility that
        processes or incinerates sludge must require the licensee to demonstrate
        compliance with perfluoroalkyl and polyfluoroalkyl substances emission limits or
        emission reduction requirements established by the department in the license,
        which must include requirements for the licensee to conduct emission testing for
        perfluoroalkyl and polyfluoroalkyl substances.
    For purposes of this paragraph, perfluoroalkyl and polyfluoroalkyl substances are air
    contaminants and regulated pollutants under this chapter and under department rules.
    As used in this paragraph, "perfluoroalkyl and polyfluoroalkyl substances" has the
    same meaning as in section 1614, subsection 1, paragraph F and "sludge" has the same
    meaning as in section 1303-C, subsection 28-A.
    Sec. 2. 38 MRSA §590, sub-§1, as repealed and replaced by PL 2021, c. 294, §1,
is amended by amending the 2nd blocked paragraph to read:
The board may adopt rules to implement paragraphs A to E F. Rules initially adopted to
implement paragraphs A to E F are major substantive rules as defined in Title 5, chapter
375, subchapter 2‑A. Any subsequent revision to rules adopted to implement paragraphs
A to E F are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
    Sec. 3. 38 MRSA §1310-N, sub-§10-C is enacted to read:
    10-C. Landfill leak detection system; testing of landfill site groundwater for
perfluoroalkyl and polyfluoroalkyl substances. In accordance with a schedule approved
by the department, a new or expanded solid waste landfill that requires for its construction
or expansion a permit under the Natural Resources Protection Act for the alteration of
freshwater wetlands shall:
    A. Incorporate a leak detection system into the landfill's engineering design;
    B. Integrate into the landfill's department-approved water quality monitoring plan the
    use of that leak detection system and the sampling and analysis of groundwater on the
    landfill site for perfluoroalkyl and polyfluoroalkyl substances; and
    C. In accordance with the landfill's department-approved water quality monitoring
    plan, provide the results of the groundwater sampling and analysis conducted pursuant
    to paragraph B to the department as part of the landfill's annual report.
This subsection does not apply to a solid waste landfill that is less than 6 acres in size that
accepts only inert fill, construction and demolition debris, debris from land clearing and
wood wastes. As used in this subsection, "freshwater wetlands" has the same meaning as
in section 480-B, subsection 4.
    Sec. 4. 38 MRSA §1310-N, sub-§10-D is enacted to read:
    10-D. Sludge testing required. A solid waste facility licensed under this chapter may
not process, beneficially reuse or dispose of sludge at that facility unless the sludge has
been characterized by the entity that generated the sludge in accordance with a plan
approved by the department, which must include sampling and analysis of the sludge for
perfluoroalkyl and polyfluoroalkyl substances.
    Sec. 5. 38 MRSA §1310-AA, sub-§1-B, ¶C is enacted to read:
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    C. Notwithstanding any provision of this section to the contrary, the commissioner
    may not find that a new or expanded solid waste landfill owned by the State provides
    a substantial public benefit in accordance with subsection 3 unless the solid waste
    landfill treats the leachate collected from the landfill to reduce the concentrations of
    perfluoroalkyl and polyfluoroalkyl substances in the leachate, in accordance with a
    license issued by the department pursuant to section 1310-N, and otherwise satisfies
    the standards in subsection 3.
    Sec. 6. 38 MRSA §2152-A, sub-§4 is enacted to read:
    4. Prohibition on development or use of Carpenter Ridge site as State-owned solid
waste disposal facility. Notwithstanding any provision of this Title or other law to the
contrary:
    A. The Carpenter Ridge site may not be developed as or used for the operation of a
    State-owned solid waste disposal facility, including, but not limited to, a State-owned
    solid waste landfill;
    B. The bureau or other state agency may not apply for, and the department may not
    issue, a new or expanded license or an amendment to or renewal of an existing license
    for the operation of a State-owned solid waste disposal facility at the Carpenter Ridge
    site; and
    C. The bureau or other state agency may not operate or contract for the operation of a
    State-owned solid waste disposal facility at the Carpenter Ridge site.
Notwithstanding any provision of law to the contrary, the Penobscot Nation has the right
of first refusal to purchase the Carpenter Ridge site, or any portion of the Carpenter Ridge
site, that may be proposed for sale by the bureau or other state agency having ownership
over the site, in a manner consistent with applicable laws or rules regulating the sale of
State-owned property.
As used in this subsection, "Carpenter Ridge site" means a parcel of land owned by the
State, consisting of approximately 1,500 acres located in the unorganized territory in
Penobscot County, in Township 2, Range 8, for which a license to operate a solid waste
landfill was issued by the department to the former State Planning Office on April 24, 1996;
and "Penobscot Nation" has the same meaning as in Title 30, section 6203, subsection 10.
   Sec. 7. Department of Administrative and Financial Services, Bureau of
General Services procurement of technical waste management information;
report. The Department of Administrative and Financial Services, Bureau of General
Services shall procure technical information from waste industry professionals regarding
criteria and considerations, including, but not limited to, environmental justice
considerations, for siting new solid waste facilities in the State and for the sustainable
management of special wastes and municipal solid waste bypass to ensure that sufficient
capacity is available for those wastes that are generated in the State until at least 2050. On
or before March 1, 2027, the bureau shall submit to the joint standing committee of the
Legislature having jurisdiction over environment and natural resources matters a report
setting forth the technical information procured by the bureau pursuant to this section.
After reviewing the report, the joint standing committee may report out legislation relating
to the report to the 133rd Legislature in 2027. As used in this section, "environmental
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justice" has the same meaning as in the Maine Revised Statutes, Title 38, section 1310-AA,
subsection 3, paragraph E.
   Sec. 8. Department of Environmental Protection; evaluation of state solid
waste facility rules; report. The Department of Environmental Protection shall conduct
an evaluation of its rules regulating solid waste facilities and identify opportunities to
develop new or support or improve existing facilities, technologies, programs, initiatives
or processes in a manner consistent with the State's solid waste management hierarchy
under the Maine Revised Statutes, Title 38, section 2101. In conducting its work under
this section, the department shall solicit input from and invite the participation of waste
industry stakeholders and the general public. On or before January 15, 2028, the
department shall submit a report setting forth the results of the evaluation under this section,
including any recommendations for legislative action, to the joint standing committee of
the Legislature having jurisdiction over environment and natural resources matters. The
report required under this section may be included in the report required by Title 38, section
2124-A. After reviewing the report, the joint standing committee may report out legislation
relating to the report to the Second Regular Session of the 133rd Legislature.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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