Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        Crisis emerges in Maine over safe disposal of biosolids from wastewater treatment plants

        by James I. Cohen on March 7, 2023

        Maine wastewater treatment plants are currently facing intense challenges concerning disposal of their sewage sludge, also called “biosolids.” This is a fast-moving issue getting significant coverage in the media and substantial attention from state officials and legislators.

        The crisis recently emerged into the public eye when the state-owned Juniper Ridge landfill announced several weeks ago that it would no longer accept the increasing amount of sludge it had been receiving from wastewater treatment plants around the State. In response to the announcement, treatment plants are racing to find short-term solutions. Some have resorted to measures such as utilizing on-site storage which may only provide relief for a matter of days. Others have no options.

        The biosolid disposal challenges stem primarily from the State’s prohibition on the land-spreading of biosolids for fertilizer, a practice followed by many wastewater treatment plants. This prohibition was adopted by the Maine Legislature in 2022 as part of LD 1911 due to increasing public concerns related to PFAS found in waters and soils where biosolids had been spread. Maine was the first state in the nation to pass such a law. Without the ability to land-spread sludge, many wastewater treatment plants were forced to start landfilling their biosolids in Maine.

        Landfills, however, do not have unlimited capacity to accept biosolids. When liquid waste is brought to a landfill, it needs to be mixed with solid “bulky” waste so that the liquid waste remains in the landfill without sloughing off or creating collapses. This “binding” process requires a sufficient quantity of solid waste to enable the landfilling of liquid waste such as sewage sludge. If there is a shortfall in bulky waste, then there is a reduced ability to accept liquid waste. That is what is purportedly taking place now at an important sludge disposal location in the state which is pointing the finger at another 2022 law — LD 1639 — that they contend limits their ability to landfill bulky construction debris imported into the state (a belief not universally shared by all stakeholders).

        To address the looming crisis, in the short term, the Maine Department of Environmental Protection provided emergency authorization to allow the transportation of sludge to the Hawk Ridge Compost Facility in Unity, Maine. From there, the sludge is then shipped at extra cost to a landfill in New Brunswick, Canada – and potentially other locations being explored. These higher costs are in turn passed along to wastewater treatment facilities, and their customers.

        While DEP’s emergency authorization provides some relief for the wastewater treatment plants, most treatment plants remain concerned that this solution is only short-term in nature. In this regard, the Maine Water Environment Association – the statewide trade association that represents wastewater treatment plants and affiliated professionals – recently asked the Legislature to give careful thought to lasting solutions to this crisis, and efforts are underway before the Maine Legislature to address the problem.

        To better understand the issues and challenges, the Legislature’s Environment and Natural Resources Committee on March 8, 2023 will hold a briefing session. At the briefing, the private operator of the state-owned Juniper Ridge landfill will be asked to explain why it was recently unable to accept biosolids from wastewater treatment plants and whether other options may exist. The Committee will also hear from representatives of the Maine Department of Environmental Protection. In the meantime, some environmental advocacy groups have raised questions about the severity of the crisis and whether other, better options exist to ensure the continued ability to store biosolids in the state’s landfills.

        The biosolid crisis facing Maine continues to evolve as stakeholders evaluate options and better understand the challenges. Verrill will continue to monitor the situation and provide updates as they happen. We are also here to assist our clients with legislative and legal solutions to these challenges.

        Please reach out to Jim Cohen, Mat Todaro or other members of Verrill’s Environmental & Land Use group with questions regarding the status of biosolid disposal in the State.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...