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

Me. Rev. Stat. tit. 38, § 2101 (2026)

Solid waste management hierarchy

✓ current as of May 2026
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1.  Priorities.  It is the policy of the State to plan for and implement an integrated approach to solid waste management for solid waste generated in this State and solid waste imported into this State, which must be based on the following order of priority:  
A. Reduction of waste generated at the source, including both amount and toxicity of the waste;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
B. Reuse of waste;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
C. Recycling of waste;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
D. Composting of biodegradable waste;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
E. Waste processing that reduces the volume of waste needing land disposal, including incineration; and   [PL 2007, c. 583, §7 (AMD).]
F. Land disposal of waste.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
It is the policy of the State to use the order of priority in this subsection as a guiding principle in making decisions related to solid waste management.  
[PL 2007, c. 583, §7 (AMD).]
2.  Waste reduction and diversion.  It is the policy of the State to actively promote and encourage waste reduction measures from all sources and maximize waste diversion efforts by encouraging new and expanded uses of solid waste generated in this State as a resource.  
[PL 2007, c. 192, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 2007, c. 192, §2 (AMD). PL 2007, c. 583, §7 (AMD).
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Notes of Decisions
Cited in 3 cases, 1993–2017 · leading case: Tri-State Rubbish, Inc. v. Town of Gray, 632 A.2d 134 (Me. 1993).
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Tri-State Rubbish, Inc. v. Town of Gray, 632 A.2d 134 (Me. 1993). “1993)] municipalities are expressly authorized to enact ordinances that control solid waste collection, its transportation or its delivery to a specific facility, when the purpose and effect of such an ordinance is to gain management control over said waste and enable the…”
Penobscot Energy Recovery Co. v. Maine Dep't of Env't Prot. (Me. Super. Ct 2017). · cites it 2× “DEP's solid waste rules also require that, in order to obtain a license, the proposed facility "must be consistent with the State's solid waste management hierarchy set forth in 38 M.R.S.A. §2101." 06-096 C.M.R. ch. 400 § 4(N)(l).”
Town of Brunswick v. New England Organics (Me. Super. Ct 2007). “38 M.R.S.A. § 2101. Further, the Legislature provided that the Department of Environmental Protection ("DEP") 2 "may adopt, amend and enforce rules as it deems necessary to govern waste management" that are consistent with the Act.”
— Me. Rev. Stat. tit. 38, § 2101(1) — 1 case
Penobscot Energy Recovery Co. v. Maine Dep't of Env't Prot. (Me. Super. Ct 2017). “DEP's solid waste rules also require that, in order to obtain a license, the proposed facility "must be consistent with the State's solid waste management hierarchy set forth in 38 M.R.S.A. §2101." 06-096 C.M.R. ch. 400 § 4(N)(l).”
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