Me. Rev. Stat. » Title 38
Maine Revised Statutes

Me. Rev. Stat. tit. 38, § 1302 (2026)

Declaration of policy

✓ current as of May 2026
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For the purposes of this chapter and chapter 24, the Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution, to establish a coordinated statewide waste reduction, recycling and management program.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds and declares that it is the policy of the State to pursue and implement an integrated approach to hazardous and solid waste management, which shall be based on the following priorities: reduction of waste generated at the source, including both the amount and toxicity of waste; waste reuse; waste recycling; waste composting; waste processing which reduces the volume of waste needing disposal, including waste-to-energy technology; and land disposal.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds that it is in the best interests of the State to prefer waste management options with lower health and environmental risk and to ensure that such options are neither foreclosed nor limited by the State's commitment to disposal methods. The Legislature declares that it is in the public interest to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource. At the same time, new technologies and industrial developments are making recycling and reuse of waste an increasingly viable and economically attractive option which carries minimal risk to the State and the environment and an option which allows the conservation of the State's limited disposal capacity.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature further finds that needed municipal waste recycling and disposal facilities have not been developed in a timely and environmentally sound manner because of diffused responsibility for municipal waste planning, processing and disposal among numerous and overlapping units of local government. The Legislature also finds that direct state action is needed to assist municipalities in separating, collecting, recycling and disposing of solid waste, and that sound environmental policy and economics of scale dictate a preference for public solid waste management planning and implementation on a regional and state level.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finally declares that the provisions of this chapter shall be construed liberally to address the findings and accomplish the policies in this section.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1979, c. 383, §1 (AMD). PL 1983, c. 342, §1 (AMD). PL 1987, c. 517, §5 (RPR). PL 1989, c. 585, §E2 (RPR).
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Notes of Decisions
Cited in 10 cases, 1988–2017 · leading case: Smith v. Town of Pittston, 2003 ME 46 (Me. 2003).
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Smith v. Town of Pittston, 2003 ME 46 (Me. 2003). · cites it 6× “See 38 M.R.S.A. § 1302. Second, in section 1310-U, our Legislature clearly demonstrated that it is aware of its authority to preempt municipal participation in waste management matters.”
Dubois Livestock, Inc. v. Town of Arundel, 2014 ME 122 (Me. 2014). · cites it 3× “Solid Waste Act [¶ 20] The purposes of the Solid Waste Act are stated in 38 M.R.S. § 1302. These include pursuing and establishing an “integrated approach to hazardous and solid waste management,” with a preference for “implementation on a regional and state level,” and…”
Sawyer Env't Recovery Facilities, Inc. v. Town of Hampden, 2000 ME 179 (Me. 2000). · cites it 2× “1999), the solid waste management law declaration of policy, provides, among other things, that “environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource,” and that: needed municipal waste recycling and disposal facilities…”
Dep't of Env't Prot. v. Emerson, 563 A.2d 762 (Me. 1989). “See 38 M.R.S.A. § 1302. During the hearing on the preliminary injunction, the State put on witnesses who described in detail Emerson’s tire facility.”
E. Perry Iron & Metal Co. v. City of Portland, 2008 ME 10 (Me. 2008). “These include: “establish[ing] a coordinated statewide waste reduction, recycling and management program”; “pursu[ing] and implement[ing] an integrated approach to hazardous and solid waste management”; “prefer[ing] waste management options with lower health and environmental…”
City of Auburn v. Tri-State Rubbish, Inc., 630 A.2d 227 (Me. 1993). · cites it 3× “” 38 M.R.S.A. § 1302 (Supp.1992). To that end, the legislature first enacted a number of statutes relating to the management and disposal of solid waste, see 38 M.”
Midcoast Disposal, Inc. v. Town of Union, 537 A.2d 1149 (Me. 1988). “” 38 M.R.S.A. § 1302 (Pamph.1986). The Act went on to declare that its central purpose is to encourage the safe and efficient development of “public or private” solid waste programs that reduce the actual volume of solid waste generated and increase the quantity of waste that is…”
Soil Preparation, Inc. v. Town of Plymouth (Me. Super. Ct 2017). “§ 1310-N (DEP's authority to grant licenses for solid waste facilities). Despite creating comprehensive regulatory scheme, § 1310-U of the Solid Waste Act provides in relevant part: Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part…”
Penobscot Energy Recovery Co. v. Maine Dep't of Env't Prot. (Me. Super. Ct 2017). “38 M.R.S. § 1302 (emphasis supplied). Like 22 M.”
Town of Brunswick v. New England Organics (Me. Super. Ct 2007). “" 38 M.R.S.A. § 1302. The solid waste management priorities of the Act include the reuse of waste.”
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