An Act to Clarify Municipal Review and Enforcement of Sludge Spreading and Storage Permits
Mandate preamble. This measure requires one or more local units of government to expand or modify activities so as to necessitate additional expenditures from local revenues but does not provide funding for at least 90% of those expenditures. Pursuant to the Constitution of Maine, Article IX, Section 21, two thirds of all of the members elected to each House have determined it necessary to enact this measure.
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 30-A MRSA �4452, sub-�6, as enacted by PL 1991, c. 732, �4, is amended to read:
6. Septage and sludge permits issued by the Department of Environmental Protection. A municipality, after notifying the Department of Environmental Protection, may enforce the terms and conditions of a septage land disposal or storage site permit or a sludge land application or storage site permit issued by the Department of Environmental Protection pursuant to Title 38, chapter 13, subchapter 1.
Sec. 2. 38 MRSA �1305, sub-�8, as enacted by PL 1991, c. 732, �5, is amended to read:
8. Septage and sludge permits; municipal enforcement. Pursuant to Title 30-A, section 4452, subsection 6, a municipality, after notifying the department, may enforce the terms and conditions of a septage land disposal or storage site permit or a sludge land application or storage site permit issued by the department under this subchapter.
Sec. 3. 38 MRSA �1305, sub-�9 is enacted to read:
9. Coordination between municipality and department. Prior to approving an application for a sludge land application site or storage facility, the department shall consult with the municipal officers or their designees in the municipality in which the site or facility is proposed and provide them with an opportunity to suggest conditions to be imposed on a permit or license. If the department does not impose conditions on a permit or license that have been suggested in writing by the municipal officers, the department shall provide a written explanation to the municipal officers.
Sec. 4. 38 MRSA �1305, as amended by PL 1991, c. 732, �5, is further amended by adding at the end a new paragraph to read:
For purposes of this section, the term "sludge" includes municipal, commercial or industrial wastewater treatment plant sludge.
Unless otherwise indicated, effective June 26, 1997.
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