Title 38, Title 38

The department shall prepare an analysis of, and a plan for, the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132. The plan must provide guidance and direction to m…

The state plan includes the following elements. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] 1. Waste characterization. The state plan must be based on a comprehensive analysis of solid waste generated, recycled and disposed of in the State. Data collect…

The department shall submit the plan and subsequent revisions to the Governor and the joint standing committee of the Legislature having jurisdiction over natural resource matters.

On or before January 15, 2026 and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters setting forth information on statewide generation of solid waste, stat…

1. State recycling goal. It is the goal of the State to recycle or compost, by January 1, 2021, 50% of the municipal solid waste tonnage generated each year within the State. 1-A. State waste reduction goal. 1-B. State waste disposal reduction goal. It is the goal of the State to…

1. Technical and financial assistance program. 1-A. Recycling progress. Municipalities are not required to meet the state recycling goal in section 2132, but they must demonstrate reasonable progress toward that goal. The department shall determine reasonable progress. 2. Recycli…

The department shall provide marketing assistance, which may include the following elements: [PL 2011, c. 655, Pt. GG, §34 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] 1. Collection. 2. Incentive program. 3. Information clearinghouse. An information clearinghouse on recycling mark…

The Department of Administrative and Financial Services shall assess the status of recycling efforts undertaken directly by the State for its own solid waste and shall evaluate existing programs and develop necessary new programs for recycling to reduce the generation of solid wa…

The department, as resources allow and in consultation with other state agencies, municipalities, counties, businesses and other public or private entities, shall develop and maintain on its publicly accessible website a food recovery database as described in this section. [PL 20…

1. Office paper recycling mandated. Any person employing 15 or more people at a site within the State shall implement an office paper and corrugated cardboard recycling program. A. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] B. [PL 1995, c. 465, Pt. A, §…

The department may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste.

A person who labels, advertises or promotes a product in violation of guidelines for the use of environmental marketing claims published by the Federal Trade Commission in 16 Code of Federal Regulations, Part 260 (1993), as amended, commits a violation of the Maine Unfair Trade P…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Cellular telephone" means a mobile wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone s…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Architectural paint" or "paint" means interior and exterior architectural coatings sold in containers of 5 gallons or less and does not mean indus…

1. Reporting requirement. Beginning March 1, 2020 and annually thereafter, a recycling establishment shall report to the department regarding its recycling of reportable recyclable materials generated in the State. The report must be on a form provided by or a format approved by …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative collection program" means a program for the management of packaging material that is operated by an individual producer or group of pr…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Designated food waste generator" means a person that: (1) Beginning July 1, 2030 and until June 30, 2032, generates at a single location an annual…

The department shall defend and indemnify any employee of the bureau and any former employee of the former State Planning Office including the director and any member of the former Facility Siting Board against expenses actually and necessarily incurred by the person in connectio…

1. Purpose of State-owned solid waste disposal facilities. The Legislature finds that the purpose of State-owned solid waste disposal facilities is to ensure that adequate disposal capacity is available for the disposal of solid waste generated within the State through the develo…

1. Siting criteria. With regard to state-owned facilities, the bureau shall administer rules adopted by the former Maine Waste Management Agency, Office of Siting and Disposal Operations and subsequently administered by the former State Planning Office pursuant to this subsection…

1. Initial site screening. The bureau shall conduct a site screening and selection process to identify solid waste disposal capacity sufficient to meet the projected needs identified in the state planning process under section 2123‑A, subsection 4. The bureau shall consider the n…

The bureau shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The bureau shall notify the municipal officers by certified mail within 30 days of making the recommendation…

1. Planning for development. The bureau, in consultation with the department, shall plan for the development of facilities sufficient to meet anticipated unmet needs for municipal solid waste and special waste identified in the state plan and any revisions to the plan and to serv…

The bureau may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for pub…

The right of eminent domain granted in section 2159 may only be exercised after complying with the following procedures. [PL 1989, c. 585, Pt. A, §7 (NEW).] 1. Notice to owner. The bureau shall provide to the owner or owners of record notice of the following: A. The determination…

At the time the bureau sends the notice in section 2160, the bureau shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easemen…

1. Technical assistance. Upon request by a regional association, the bureau may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the s…

1. Definitions. As used in this section and section 2166, the following terms have the following meanings. A. "Industrial, communications or medical facility" means a structure or site where 15 or more people are employed and: (1) Where articles are assembled, manufactured or fab…

1. Nonremoveable battery requirements. A person may not sell, distribute or offer for sale in this State any product powered by a rechargeable battery primarily used or purchased to be used for personal, family or household purposes unless: A. The battery may be easily removed by…

This subchapter applies only to solid waste disposal facilities owned or operated by the bureau. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated…

The provisions of this section apply to a solid waste disposal facility owned or operated by the bureau. [PL 2011, c. 655, Pt. GG, §50 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] 1. Issuance of license. The department may not issue a license for a solid waste disposal facility un…

The municipal officers of each municipality identified by the bureau as a potential site for a waste disposal facility and each contiguous municipality that may be affected by the construction or operation of that facility shall jointly establish a single citizen advisory committ…

In the event that the bureau and a host community cannot agree on the terms of a host community agreement pursuant to section 2170‑A, the parties shall submit the dispute for resolution in accordance with this section. [PL 2011, c. 655, Pt. GG, §52 (AMD); PL 2011, c. 655, Pt. GG,…

A municipality may adopt a local ordinance authorizing the municipal officers to issue a local permit containing the same findings, conclusions and conditions contained in the license issued by the department for a solid waste disposal facility located within the municipality's j…

1. Certification. 2. Information. The host municipality of a solid waste disposal facility has a right to all information from the department and the bureau pursuant to Title 1, chapter 13, subchapter 1. All information provided under this subsection must be made available to the…

Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the bureau for loss in property value directly attributable to the construction and operation of the facility. The bureau shall adopt rules to establis…

The bureau shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the bureau not paid to that municipality during the previous calendar year. In the case of an unorganized territor…

In addition to payment in lieu of taxes provided in section 2175‑B, the bureau shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community inv…

Upon written request from persons owning land contiguous to a solid waste disposal facility, the bureau shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manne…

Nothing in this chapter may be construed or understood as in any way increasing any liability that may otherwise arise or be limited under Title 14, chapter 741.

Nothing in this subchapter may be construed to prevent any host municipality, regional association or the State from obtaining or giving such indemnities as may be appropriate in connection with the ownership, operation or control of a municipal solid waste facility.

Except as otherwise provided, nothing in this chapter may be construed to impair any contract in force upon the effective date of this chapter.

A municipality may contract with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated materials to be recycled, if the recycling, transportation, collection or storage activity or facility is conducte…

The bureau shall establish reasonable fees for waste disposal services provided by the bureau.

The fees charged to users of state-owned facilities and established by the bureau under this article, by rule, provide revenue for the following purposes: [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] 1. Current expenses. To pay the current expenses, e…

The bureau may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, as long as the lower fees are set in a manner consistent with the rules adopted by the bureau.