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An Act To Allow Municipalities To Contract with and Dispose of Waste, including Residue, in State-owned Solid Waste Disposal Facilities, as Allowed under a Facility License, To Ensure Compliance with the Solid Waste Management Hierarchy
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §2184, sub-§4  is enacted to read:
 
4.  State-owned facilities.     Notwithstanding any other provision of law to the contrary, a municipality or regional association may enter into a contract or agreement with the owner or operator of a state-owned solid waste disposal facility to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility.
Sec. 2.  38 MRSA §2185  is enacted to read:
§ 2185. Contracts or agreements involving state-owned facilities
Notwithstanding any other provision of law to the contrary, the owner or operator of a state-owned solid waste disposal facility may not enter into, implement or enforce a contract or agreement with any person that prohibits, directly or indirectly, a municipality or regional association from entering into a contract or agreement with the owner or operator of the facility to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility.
 
SUMMARY
This bill ensures compliance with the solid waste management hierarchy established in the Maine Revised Statutes, Title 38, section 2101 by authorizing a municipality or regional association to enter into a contract or agreement with the owner or operator of a state-owned solid waste disposal facility in order to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility. This bill also prohibits the owner or operator of a state-owned solid waste disposal facility from entering into, implementing or enforcing a contract or agreement with any person to prohibit, directly or indirectly, a municipality or regional association from entering into a contract or agreement with the owner or operator of the facility to utilize the facility for managing solid waste generated within the State, including for the disposal of residue from a solid waste processing facility.