An Act to Protect Groundwater and Surface Waters from Perfluoroalkyl and Polyfluoroalkyl Substances from Landfill Leachate

Page 1 - 132LR1669(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 641 - L.D. 1604
An Act to Protect Groundwater and Surface Waters from Perfluoroalkyl and
Polyfluoroalkyl Substances from Landfill Leachate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §413, sub-§13 is enacted to read:
13. Landfill leachate; reporting. Notwithstanding section 414‑A or any other
provision of law to the contrary, a person licensed by the department to discharge
wastewater to groundwater or any waters of the State shall maintain a record of and
annually report to the department in a manner determined by the department regarding the
origin, volume and final disposition of leachate collected from a solid waste landfill
delivered to or otherwise accepted by the licensee for treatment or other management.
Sec. 2. 38 MRSA §1303-C, sub-§19-F is enacted to read:
19-F. Perfluoroalkyl and polyfluoroalkyl substances. "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 1614,
subsection 1, paragraph F.
Sec. 3. 38 MRSA §1310-N, sub-§10-A is enacted to read:
10-A. Testing of landfill leachate for perfluoroalkyl and polyfluoroalkyl
substances. In accordance with a schedule approved by the department, a solid waste
landfill that collects and manages leachate shall integrate into the landfill's department-
approved water quality monitoring plan the sampling and analysis of leachate for
perfluoroalkyl and polyfluoroalkyl substances. A solid waste landfill shall provide the
results from leachate testing conducted pursuant to this subsection to the department in
accordance with the landfill's department-approved water quality monitoring plan and as
part of the landfill's annual report. On an annual basis, the department shall make results
from leachate testing conducted by solid waste landfills pursuant to this subsection
available on its publicly accessible website.
Sec. 4. 38 MRSA §1310-N, sub-§10-B is enacted to read:
10-B. Testing of private water supplies for perfluoroalkyl and polyfluoroalkyl
substances. Upon written request to the department from the owner of a property abutting
APPROVED
MAY 30, 2025
BY GOVERNOR
CHAPTER
172
PUBLIC LAW
Page 2 - 132LR1669(03)
a solid waste landfill that collects and manages leachate, the department shall require the
landfill to conduct a one-time sampling and analysis for perfluoroalkyl and polyfluoroalkyl
substances of a private water supply well used by the owner for drinking water purposes.
If the analysis indicates possible perfluoroalkyl and polyfluoroalkyl substances
contamination of the private water supply well from the solid waste landfill, the department
shall require the solid waste landfill to conduct additional sampling and analysis of the
private water supply well for perfluoroalkyl and polyfluoroalkyl substances in a manner
directed by the department. For purposes of this subsection, a property is considered to be
abutting a solid waste landfill if the property is contiguous to property on which the landfill
is located, including directly across a public or private right-of-way from the landfill, and
is located within one mile of property on which the landfill is located.
A. Sampling and analysis for perfluoroalkyl and polyfluoroalkyl substances pursuant
to this subsection must be conducted in accordance with procedures outlined in the
solid waste landfill's department-approved water quality monitoring plan.
B. The laboratory performing the sampling and analysis pursuant to this subsection
shall provide written copies of the results to the solid waste landfill, the property owner
and the department.