38 M.R.S. § 570 — ME Code / Title 38 / Chapter 3 / Section 570
38 §570. Liability
Status: in_force

The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, each responsible party is jointly and severally liable for all disbursements made by the State pursuant to section 551, subsection 5, paragraphs A , B , D , E , I and K , or other damage incurred by the State, except for costs found by the commissioner to be eligible for coverage under section 568‑A . The term "other damage," as used in this paragraph, includes interest computed at 15% a year from the date of expenditure and damage for injury to, destruction of, loss of or loss of use of natural resources and the State's costs of assessing natural resources damage. The commissioner shall demand reimbursement of costs and damages paid by the department from state or federal funds as provided under section 551, subsection 6 except for amounts that are eligible for coverage by the fund under this subchapter. Payment must be made promptly by the responsible party or parties upon whom the demand is made. If payment is not received by the State within 30 days of the demand, the Attorney General may file suit in the Superior Court or the department may file suit in District Court and, in addition to relief provided by other law, may seek punitive damages as provided in section 568 . Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability. [PL 2015, c. 319, §33 (AMD).]

In any suit filed under this section, the State need not prove negligence in any form or matter by a defendant. The State need only prove the fact of the prohibited discharge and that a defendant is a responsible party, as defined in section 562‑A . [PL 1993, c. 355, §23 (AMD).]

A person who would otherwise be a responsible party is not subject to liability under this section, if that person can establish by a preponderance of the evidence that the liability pursuant to this section for which that person would otherwise be responsible, was caused solely by: [PL 1989, c. 865, §17 (AMD); PL 1989, c. 865, §24 (AFF).]

1. Act of God. An act of God; or [PL 1989, c. 865, §17 (AMD); PL 1989, c. 865, §24 (AFF).]

2. Act of war. An act of war. [PL 1989, c. 865, §17 (AMD); PL 1989, c. 865, §24 (AFF).]

3. Act or omission. [PL 1989, c. 865, §17 (RP); PL 1989, c. 865, §24 (AFF).]

4. Combination. [PL 1989, c. 865, §17 (RP); PL 1989, c. 865, §24 (AFF).]
38 M.R.S. § 464 — ME Code / Title 38 / Chapter 3 / Section 464
38 §464. Classification of Maine waters
Status: reserved

The waters of the State shall be classified in accordance with this article. [PL 1985, c. 698, §15 (NEW).]

1. Findings; objectives; purpose. The Legislature finds that the proper management of the State's water resources is of great public interest and concern to the State in promoting the general welfare; in preventing disease; in promoting health; in providing habitat for fish, shellfish and wildlife; as a source of recreational opportunity; and as a resource for commerce and industry. The Legislature declares that it is the State's objective to restore and maintain the chemical, physical and biological integrity of the State's waters and to preserve certain pristine state waters. The Legislature further declares that in order to achieve this objective the State's goals are: A. That the discharge of pollutants into the waters of the State be eliminated where appropriate; [PL 1985, c. 698, §15 (NEW).] B. That no pollutants be discharged into any waters of the State without first being given the degree of treatment necessary to allow those waters to attain their classification; and [PL 1985, c. 698, §15 (NEW).] C. That water quality be sufficient to provide for the protection and propagation of fish, shellfish and wildlife and provide for recreation in and on the water. [PL 1985, c. 698, §15 (NEW).] The Legislature intends by passage of this article to establish a water quality classification system which will allow the State to manage its surface waters so as to protect the quality of those waters and, where water quality standards are not being achieved, to enhance water quality. This classification system shall be based on water quality standards which designate the uses and related characteristics of those uses for each class of water and which also establish water quality criteria necessary to protect those uses and related characteristics. The Legislature further intends by passage of this article to assign to each of the State's surface water bodies the water quality classification which shall designate the minimum level of quality which the Legislature intends for the body of water. This designation is intended to direct the State's management of that water body in order to achieve at least that minimum level of water quality. [PL 1985, c. 698, §15 (NEW).]

2. Procedures for reclassification. Reclassification of state waters shall be governed by the following provisions. A. Upon petition by any person or on its own motion, the board may initiate, following public notice, and the commissioner shall conduct classification studies and investigations. Information collected during these studies and investigations must be made available to the public in an expeditious manner. After consultation with other state agencies and, where appropriate, individuals, citizen groups, industries, municipalities and federal and interstate water pollution control agencies, the board may propose changes in water classification. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §54 (AMD).] B. The board shall hold public hearings in the affected area, or reasonably adjacent to the affected area, for the purposes of presenting to all interested persons the proposed classification for each particular water body and obtaining public input. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §54 (AMD).] C. Pursuant to subsection 3, paragraph B , the board may recommend changes in classification it considers necessary to the Legislature. [PL 2021, c. 551, §3 (AMD).] D. The Legislature shall have sole authority to make any changes in the classification of the waters of the State. [PL 1985, c. 698, §15 (NEW).] [PL 2021, c. 551, §3 (AMD).]

2-A. Removal of designated uses; creation of subcategories of designated uses. Removal of designated uses and creation of subcategories of designated uses are governed by the provisions of this subsection and 40 Code of Federal Regulations, Part 131, as amended. A. The board must conduct a use attainability analysis: (1) Prior to proposing to the Legislature a designated use of a specific water body that does not include the uses specified in the Federal Water Pollution Control Act, Public Law 92-500, Section 101(a)(2), as amended; or (2) Prior to proposing to the Legislature the removal of a designated use or the adoption of a subcategory of such a designated use that requires less stringent criteria. [PL 1993, c. 344, §1 (NEW).] B. The board may not recommend to the Legislature the removal of a designated use or the establishment of a subcategory of the use, if: (1) It is an existing use as defined in section 464, subsection 4, paragraph F , subparagraph (1), unless another designated use is adopted requiring more stringent criteria; (2) The use can be attained by implementing effluent limits required under the Federal Water Pollution Control Act, Public Law 92-500, Sections 301(b) and 306, as amended and by implementing cost-effective and reasonable best management practices for nonpoint source control; (3) The water body in question is currently attaining the designated use; or (4) Adoption of the recommendation allows the introduction of a new discharge or the expansion of an existing discharge into the water body in question that is not attaining the designated use. [PL 1993, c. 344, §1 (NEW).] C. The board may adopt any recommendation under this subsection only after holding a public hearing in the affected area or adjacent to the affected area. Conduct of the public hearing and the board's subsequent decision are governed by Title 5, chapter 375, subchapter IV . [PL 1993, c. 344, §1 (NEW).] D. A finding by the board that attainment of a designated use is not feasible must be supported by a demonstration that the conditions of 40 Code of Federal Regulations 131.10(g) are met. [PL 1993, c. 344, §1 (NEW).] E. If the board adopts a proposal to enact a designated use under paragraph A , subparagraph (1) or to remove a designated use or adopt a subcategory of a designated use under paragraph A , subparagraph (2), it shall submit to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters during the next regular session of the Legislature a report that includes that recommendation and the joint standing committee may report out legislation to implement that recommendation. The board may not propose any other recommendation to the Legislature under this subsection. The Legislature has sole authority to make changes in the designated uses of the waters of the State, including the creation of a subcategory of a designated use. [PL 2021, c. 551, §4 (AMD).] F. For the purposes of this subsection, "designated use" means the use specified in water quality standards for each water body or segment under sections 465 to 465‑C and sections 467 to 470 whether or not that use is being attained. A designated use includes its associated habitat characteristic under sections 465 to 465‑C . [PL 1993, c. 344, §1 (NEW).] [PL 2021, c. 551, §4 (AMD).]

2-B. Temporary removal of designated uses; use attainability analysis and creation of subcategory of uses for combined sewer overflows. When designated uses are not being met as a result of combined sewer overflow discharges, the board may, consistent with this subsection and 40 Code of Federal Regulations, Part 131, temporarily remove designated uses that are not existing uses and create a temporary combined sewer overflow subcategory referred to as a CSO subcategory. Notwithstanding this subsection, it remains the goal of the State to fully maintain and restore water quality and eliminate or control combined sewer overflows as soon as practicable. A. The board may create temporary CSO subcategories in classes B, C and SB and SC waters only when, due to the age, condition and design of an existing sewer system, technical or financial limitations prevent the timely attainment of all designated uses. In a CSO subcategory, uses are suspended only in the smallest area possible, for the shortest duration practicable and include only those designated uses and areas determined by the board to have the least potential for public benefit. [PL 1995, c. 284, §1 (NEW).] B. Notwithstanding subsections 2 and 2‑A , CSO subcategories may be created by the board upon application by a municipality or quasi-municipality having licensed combined sewer overflow discharges, if the following standards are met. (1) The applicant submits to the department for approval, with or without conditions, a study and plan, including an implementation schedule, for combined sewer overflow abatement, referred to as the CSO plan. In order for the board to create a CSO subcategory, the CSO plan must: (a) Place high priority on abatement of combined sewer overflows that affect waters having the greatest potential for public use or benefit and plan to relocate any remaining discharges to areas where minimal impacts or losses of uses would occur; and (b) Provide for the implementation as soon as practical of technology-based control methods to achieve best practicable treatment or ensure that cost-effective best management practices are being implemented. (2) The board finds that attainment of a designated use is not feasible and such determination must be supported by demonstration that the conditions of 40 Code of Federal Regulations, Part 131.10(g) are met. (3) The board finds that the uses to be affected are not existing uses as defined in subsection 4, paragraph F , subparagraph (1). (4) The board finds that discharges from combined sewer overflows are not affecting uses that, in the board's judgment, constitute high value or important resources. In determining if a resource is high value or important the board shall consider its economic, recreational and ecological significance, the likelihood that removal of a combined sewer overflow will lead to utilization of that resource and the effects of other discharges or conditions on that resource. [PL 1995, c. 284, §1 (NEW).] C. Prior to creating any CSO subcategory, the board shall adopt rules regarding required studies, best practicable treatment, abatement options and related issues for combined sewer overflows. CSO subcategories may be created only after completion of the following. (1) Either during or following development of combined sewer abatement plans, licensees shall conduct public hearings in the area that would be affected by a CSO subcategory. Notices and records of hearings must be kept and included as part of an application made to the board. (2) Combined sewer overflow abatement plans must be submitted to the department for technical review and approval. (3) Licensees proposing CSO subcategories shall submit formal applications to the board. Information in the application must include: description of the areas and uses to be affected, the time and duration of effects, comments received at public hearings, a description of continuing efforts to abate impacts and proposals for periodic review and update of abatement plans. (4) The board shall provide public notice of applications for CSO subcategories and solicit public comments. The board shall also consult with agencies, public officials and other persons identified as having interest in the area to be affected. Based on the results of public hearings held by the applicant, the comments received and the nature of the application, the board may hold a public hearing. (5) The board may approve, approve with conditions or deny applications for CSO subcategories. In cases when a water body is affected by combined sewer overflows from more than one licensee, the board shall, to the maximum extent possible, consider regional impacts and seek to establish common goals and uses for those waters. (6) In a manner prescribed by the board, applicants receiving approval of CSO subcategories shall provide notice to the public in the area affected, describing the limitations on use of the water body. [PL 1995, c. 284, §1 (NEW).] D. Upon creation of a CSO subcategory and removal of a designated use, the board may temporarily suspend or modify water quality criteria associated with that use as appropriate, but only to the extent and duration that those criteria are affected by the licensee for whom the assignment is made. Action by the board under this subsection does not relieve other discharge sources from any requirement to provide necessary treatment or best management practices or to comply with water quality criteria. [PL 1995, c. 284, §1 (NEW).] E. Either independently or in conjunction with the requirements of subsection 3 and upon renewal of individual waste discharge licenses, the department shall periodically review all CSO subcategories. Reviews of CSO subcategories must take into consideration water quality criteria and uses, combined sewer overflow abatement technology, monitoring data, financial information and regulatory requirements affecting CSO subcategories. [PL 1995, c. 284, §1 (NEW).] Upon petition by the department or any person or on its own motion, the board may, at its discretion, and following notice and opportunity for hearing, revise or revoke a CSO subcategory when it finds any change in the conditions under which the existing designation was made. The failure to comply with the measures specified in an approved combined sewer overflow abatement plan is cause for revocation of a CSO subcategory. [PL 1995, c. 284, §1 (NEW).]

3. Reports to the Legislature. The commissioner or the board, as applicable, shall periodically report to the Legislature as follows. A. During the first regular session of each Legislature, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters a report on the quality of the State's waters that describes existing water quality, identifies waters that are not attaining their classification and states what measures are necessary for the attainment of the standards of their classification. [PL 2021, c. 551, §5 (AMD).] B. The board shall, from time to time, but at least once every 3 years, hold public hearings for the purpose of reviewing the water quality classification system and related standards and, as appropriate, recommending changes in the standards. After conducting the review, the board shall submit to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters a report describing the board's findings and any recommendations for changes to the water quality classification system and related standards and the joint standing committee may report out legislation to implement those recommendations. [PL 2021, c. 551, §5 (AMD).] C. During the first regular session of each Legislature, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters a report on the status of licensed discharges. [PL 2021, c. 551, §5 (AMD).] D. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §55 (RP).] [PL 2021, c. 551, §5 (AMD).]

4. General provisions. The classification system for surface waters established by this article shall be subject to the following provisions. A. Notwithstanding section 414‑A , the department may not issue a water discharge license for any of the following discharges: (1) Direct discharge of pollutants to waters having a drainage area of less than 10 square miles, except that: (a) Discharges into these waters that were licensed prior to January 1, 1986 are allowed to continue only until practical alternatives exist; (b) Storm water discharges in compliance with state and local requirements are exempt from this subparagraph; (c) Aquatic pesticide or chemical discharges approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency for the purpose of restoring biological communities affected by an invasive species are exempt from this subparagraph; (d) Chemical discharges for the purpose of restoring water quality in GPA waters approved by the department are exempt from this subparagraph; (e) Discharges of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety using materials and methods that provide for protection of nontarget species are exempt from this subparagraph. When the department issues a license for the discharge of aquatic pesticides authorized under this division, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website; and (f) Discharges of pesticides approved by the department are exempt from this subparagraph that are: (i) Unintended and an incidental result of the spraying of pesticides; (ii) Applied in compliance with federal labeling restrictions; and (iii) Applied in compliance with statute, Board of Pesticides Control rules and best management practices; (2) New direct discharge of domestic pollutants to tributaries of Class-GPA waters; (3) Any discharge into a tributary of GPA waters that by itself or in combination with other activities causes water quality degradation that would impair the characteristics and designated uses of downstream GPA waters or causes an increase in the trophic state of those GPA waters; (4) Discharge of pollutants to waters of the State that imparts color, taste, turbidity, toxicity, radioactivity or other properties that cause those waters to be unsuitable for the designated uses and characteristics ascribed to their class; (5) Discharge of pollutants to any water of the State that violates sections 465 , 465‑A and 465‑B , except as provided in section 451 ; causes the pH of fresh waters to fall outside of the 6.5 to 9.0 range; or causes the pH of estuarine and marine waters to fall outside of the 7.0 to 8.5 range; (6) New discharges of domestic pollutants to the surface waters of the State that are not conveyed and treated in municipal or quasi-municipal sewage facilities. For the purposes of this subparagraph, "new discharge" means any overboard discharge that was not licensed as of June 1, 1987, except discharges from vessels and those discharges that were in continuous existence for the 12 months preceding June 1, 1987, as demonstrated by the applicant to the department with clear and convincing evidence. The volume of the discharge from an overboard discharge facility that was licensed as of June 1, 1987 is determined by the actual or estimated volume from the facilities connected to the overboard discharge facility during the 12 months preceding June 1, 1987 or the volume allowed by the previous license, whichever is less, unless it is found by the department that an error was made during prior licensing. The months during which a discharge may occur from an overboard discharge facility that was licensed as of June 1, 1987 must be determined by the actual use of the facility at the time of the most recent license application prior to June 1, 1987 or the actual use of the facility during the 12 months prior to June 1, 1987, whichever is greater. If the overboard discharge facility was the primary residence of an owner at the time of the most recent license application prior to June 1, 1987 or during the 12 months prior to June 1, 1987, then the facility is considered a year-round residence. "Year-round residence" means a facility that is continuously used for more than 8 months of the year. For purposes of licensing, the department shall treat an increase in the licensed volume or quantity of an existing discharge or an expansion in the months during which the discharge takes place as a new discharge of domestic pollutants; (7) After the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under the Federal Water Pollution Control Act, Section 402(c)(1), any proposed license to which the administrator has formally objected under 40 Code of Federal Regulations, Section 123 .44, as amended, or any license that would not provide for compliance with applicable requirements of that Act or regulations adopted thereunder; (8) Discharges for which the imposition of conditions can not ensure compliance with applicable water quality requirements of this State or another state; (9) Discharges that would, in the judgment of the Secretary of the United States Army, substantially impair anchorage or navigation; (10) Discharges that would be inconsistent with a plan or plan amendment approved under the Federal Water Pollution Control Act, Section 208(b); and (11) Discharges that would cause unreasonable degradation of marine waters or when insufficient information exists to make a reasonable judgment whether the discharge would cause unreasonable degradation of marine waters. Notwithstanding subparagraph (6) , the department may issue a wastewater discharge license allowing for an increase in the volume or quantity of discharges of domestic pollutants from any university, college or school administrative unit sewage facility, as long as the university, college or school administrative unit has a wastewater discharge license valid on the effective date of this paragraph and the increase in discharges does not violate the conditions of subparagraphs (1) to (5) and (7) to (11) or other applicable laws. [PL 2021, c. 551, §6 (AMD).] B. All surface waters of the State shall be free of settled substances which alter the physical or chemical nature of bottom material and of floating substances, except as naturally occur, which impair the characteristics and designated uses ascribed to their class. [PL 1985, c. 698, §15 (NEW).] C. Where natural conditions, including, but not limited to, marshes, bogs and abnormal concentrations of wildlife cause the dissolved oxygen or other water quality criteria to fall below the minimum standards specified in sections 465 , 465‑A and 465‑B , those waters shall not be considered to be failing to attain their classification because of those natural conditions. [PL 1985, c. 698, §15 (NEW).] D. Except as otherwise provided in this paragraph, for the purpose of computing whether a discharge will violate the classification of any river or stream, the assimilative capacity of the river or stream must be computed using the minimum 7-day low flow that can be expected to occur with a frequency of once in 10 years. The department may use a different flow rate only for those toxic substances regulated under section 420 and for those nutrients specified in department rules. To use a different flow rate, the department must find that the flow rate is consistent with the risk being addressed. [PL 2017, c. 319, §3 (AMD).] E. The waters contained in excavations approved by the department for wastewater treatment purposes are unclassified waters. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §57 (AMD).] F. The antidegradation policy of the State is governed by the following provisions. (1) Existing in-stream water uses and the level of water quality necessary to protect those existing uses must be maintained and protected. Existing in-stream water uses are those uses which have actually occurred on or after November 28, 1975, in or on a water body whether or not the uses are included in the standard for classification of the particular water body. Determinations of what constitutes an existing in-stream water use on a particular water body must be made on a case-by-case basis by the department. In making its determination of uses to be protected and maintained, the department shall consider designated uses for that water body and: (a) Aquatic, estuarine and marine life present in the water body; (b) Wildlife that utilize the water body; (c) Habitat, including significant wetlands, within a water body supporting existing populations of wildlife or aquatic, estuarine or marine life, or plant life that is maintained by the water body; (d) The use of the water body for recreation in or on the water, fishing, water supply, or commercial activity that depends directly on the preservation of an existing level of water quality. Use of the water body to receive or transport waste water discharges is not considered an existing use for purposes of this antidegradation policy; and (e) Any other evidence that, for divisions (a), (b) and (c), demonstrates their ecological significance because of their role or importance in the functioning of the ecosystem or their rarity and, for division (d), demonstrates its historical or social significance. (1-A) The department may only issue a waste discharge license pursuant to section 414‑A , or approve a water quality certification pursuant to the United States Clean Water Act, Section 401, Public Law 92-500, as amended, when the department finds that: (a) The existing in-stream use involves use of the water body by a population of plant life, wildlife, or aquatic, estuarine or marine life, or as aquatic, estuarine, marine, wildlife, or plant habitat, and the applicant has demonstrated that the proposed activity would not have a significant impact on the existing use. For purpose of this division, significant impact means: (i) Impairing the viability of the existing population, including significant impairment to growth and reproduction or an alteration of the habitat which impairs viability of the existing population; or (b) The existing in-stream use involves use of the water body for recreation in or on the water, fishing, water supply or commercial enterprises that depend directly on the preservation of an existing level of water quality and the applicant has demonstrated that the proposed activity would not result in significant degradation of the existing use. The department shall determine what constitutes a population of a particular species based upon the degree of geographic and reproductive isolation from other individuals of the same species. If the department fails to find that the conditions of this subparagraph are met, water quality certification, pursuant to the United States Clean Water Act, Section 401, Public Law 92-500, as amended, is denied. (2) Where high quality waters of the State constitute an outstanding national resource, that water quality must be maintained and protected. For purposes of this paragraph, the following waters are considered outstanding national resources: those water bodies in national and state parks and wildlife refuges and in the Katahdin Woods and Waters National Monument; those water bodies in public reserved lands; and those water bodies classified as Class AA and SA waters pursuant to section 465, subsection 1 ; section 465‑B, subsection 1 ; and, unless otherwise specified, listed under sections 467 , 468 and 469 . (3) The department may only issue a discharge license pursuant to section 414‑A or approve water quality certification pursuant to the Federal Water Pollution Control Act, Section 401, Public Law 92-500, as amended, if the standards of classification of the water body and the requirements of this paragraph are met. The department may issue a discharge license or approve water quality certification for a project affecting a water body in which the standards of classification are not met if the project does not cause or contribute to the failure of the water body to meet the standards of classification. (4) When the actual quality of any classified water exceeds the minimum standards of the next highest classification, that higher water quality must be maintained and protected. Pursuant to subsection 3, paragraph B , the board shall recommend to the Legislature that that water be reclassified in the next higher classification. (5) The department may only issue a discharge license pursuant to section 414‑A or approve water quality certification pursuant to the United States Clean Water Act, Section 401, Public Law 92-500, as amended, which would result in lowering the existing quality of any water body after making a finding, following opportunity for public participation, that the action is necessary to achieve important economic or social benefits to the State and when the action is in conformance with subparagraph (3). That finding must be made following procedures established by rule of the board. [PL 2023, c. 646, Pt. A, §46 (AMD).] G. [PL 1989, c. 442, §5 (RP).] H. A hydropower project, as defined by section 632 , constructed after the effective date of this paragraph may cause some change to the habitat and aquatic life of the project's impoundment and the waters immediately downstream of and measurably affected by the project, so long as the habitat and aquatic life criteria of those waters' classification under sections 465, 465‑A , 467 , and 468 are met. This paragraph does not constitute any change in the criteria for habitat and aquatic life under sections 465 and 465‑A . [PL 1991, c. 813, Pt. D, §1 (NEW).] I. [PL 1995, c. 312, §1 (NEW); MRSA T. 38 §464, sub-§4, ¶ I (RP).] J. For the purpose of calculating waste discharge license limits for toxic substances, the department may use any unallocated assimilative capacity that the department has set aside for future growth if the use of that unallocated assimilative capacity would avoid an exceedance of applicable ambient water quality criteria or a determination by the department of a reasonable potential to exceed applicable ambient water quality criteria. [PL 2011, c. 194, §3 (NEW).] K. Unless otherwise required by an applicable effluent limitation guideline adopted by the department, any limitations for metals in a waste discharge license may be expressed only as mass-based limits. [PL 2011, c. 194, §3 (NEW).] [PL 2023, c. 646, Pt. A, §46 (AMD).]

5. Rulemaking. In accordance with the Maine Administrative Procedure Act, the board shall promulgate rules necessary to implement the water quality classification system established by this article. In promulgating rules, the board shall solicit and consider, in addition to any other materials, information on the economic and environmental impact of those rules. Rules shall be promulgated by January 1, 1987, and as necessary thereafter, and shall include, but are not limited to, sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community. Rules adopted pursuant to this subsection shall become effective upon adoption. Rules adopted pursuant to this subsection shall be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review during the next regular session of the Legislature following adoption. This committee may submit legislation it deems necessary to clarify legislative intent regarding rules adopted pursuant to this subsection. If the committee takes no action, the rules shall continue in effect. [PL 1985, c. 698, §15 (NEW).]

6. Implementation of biological water quality criteria. The implementation of water quality criteria pertaining to the protection of the resident biological community shall be governed by the provisions of this subsection. A. At any time during the term of a valid wastewater discharge license that was issued prior to the effective date of this article, the board may modify that license in accordance with section 341‑D, subsection 3 if the discharger is not in compliance with the water quality criteria pertaining to the protection of the resident biological community. When a discharge license is modified under this subsection, the board shall establish a reasonable schedule to bring the discharge into compliance with the water quality criteria pertaining to the protection of the resident biological community. [PL 1991, c. 66, Pt. A, §13 (RPR); PL 1991, c. 66, Pt. A, §43 (AFF).] B. When a discharge license is issued after the effective date of this article and before the effective date of the rules adopted pursuant to subsection 5 , the department shall establish a reasonable schedule to bring the discharge into compliance with the water quality criteria pertaining to the protection of the resident biological community. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §59 (AMD).] C. A discharger seeking a new discharge license following the effective date of the rules adopted under subsection 5 shall comply with the water quality criteria of this article. [PL 1985, c. 698, §15 (NEW).] [PL 1991, c. 66, Pt. A, §13 (AMD); PL 1991, c. 66, Pt. A, §43 (AFF).]

7. Interdepartmental coordination. The commissioner, the Commissioner of Marine Resources and the Commissioner of Health and Human Services shall jointly: A. Make available accurate and consistent information on the requirements of this section, section 411‑A and section 414‑A, subsection 1‑B ; and [PL 1989, c. 442, §6 (NEW).] B. Certify wastewater treatment and disposal technologies which can be used to replace overboard discharges. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §60 (AMD).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §60 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

8. Development of group systems. Subject to the provisions of section 414‑A, subsection 1‑B , the commissioner shall coordinate the development and implementation of wastewater treatment and disposal systems serving more than one residence or commercial establishment when individual replacement systems are not feasible. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §60 (AMD).]

9. Existing hydropower impoundments managed as great ponds; habitat and aquatic life criteria. [PL 2005, c. 159, §1 (RP).]

9-A. Existing hydropower impoundments managed as great ponds; habitat and aquatic life criteria. The following provisions govern habitat and aquatic life criteria for existing hydropower impoundments managed as great ponds. A. For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636 , the hydropower project located on the water body referenced in section 467, subsection 7, paragraph C , subparagraph (1), division (b-1), is deemed to have met the habitat characteristics and aquatic life criteria in the existing impoundment if: (1) The project is in existence on June 30, 1992; (2) The project creates an impoundment that remains classified under section 465‑A after June 30, 1992; (3) The project creates an impoundment that is subject to water level fluctuations that have an effect on the habitat and aquatic life in the littoral zone so that the habitat and aquatic life differ significantly from that found in an unimpounded great pond; and (4) The existing impounded waters are able to support all species of fish indigenous to those waters and the structure and function of the resident biological community in the impounded waters is maintained. [PL 2005, c. 159, §2 (NEW).] B. For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636 , Ragged Lake, located in the Penobscot River, West Branch drainage, is deemed to have met the habitat characteristics and aquatic life criteria in the existing impoundment if that habitat and aquatic life satisfy the aquatic life criteria contained in section 465, subsection 4, paragraph C , except that habitat and aquatic life in the portions of the water body affected by annual drawdowns of up to 20 feet may reflect the effects of such drawdowns, based on a use attainability analysis conducted by the board pursuant to subsection 2‑A . [PL 2005, c. 159, §2 (NEW).] C. For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing of modifications under section 636 , Seboomook Lake, located in the Penobscot River, West Branch drainage, is deemed to have met the habitat characteristics and aquatic life criteria in the existing impoundment if that habitat and aquatic life satisfy the aquatic life criteria contained in section 465, subsection 4, paragraph C , except that habitat and aquatic life in the portions of the water body affected by annual drawdowns of up to 17 feet may reflect the effects of such drawdowns, based on a use attainability analysis conducted by the board pursuant to subsection 2‑A . [PL 2005, c. 159, §2 (NEW).] D. Other than those described in paragraphs A , B and C , all hydropower projects with impoundments in existence on June 30, 1992 that remain classified under section 465‑A after June 30, 1992 and that do not attain the habitat and aquatic life criteria of that section must, at a minimum, satisfy the aquatic life criteria contained in section 465, subsection 4, paragraph C . [PL 2005, c. 159, §2 (NEW).] E. When the actual water quality of the impounded waters attains any more stringent characteristic or criteria of those waters' classification under section 465‑A , that water quality must be maintained and protected. [PL 2005, c. 159, §2 (NEW).] [PL 2005, c. 159, §2 (NEW).]

10. Existing hydropower impoundments managed under riverine classifications; habitat and aquatic life criteria. For the purposes of water quality certification under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and the licensing of modifications under section 636, hydropower projects in existence on the effective date of this subsection, the impoundments of which are classified under section 465, are subject to the provisions of this subsection in recognition of some changes to aquatic life and habitat that have occurred due to the existing impoundments of these projects. A. Except as provided in paragraphs B and D , the habitat characteristics and aquatic life criteria of Classes A and B are deemed to be met in the existing impoundments classified A or B of those projects if: (1) The impounded waters achieve the aquatic life criteria of section 465, subsection 4, paragraph C . [PL 1991, c. 813, Pt. B, §1 (NEW).] B. The habitat characteristics and aquatic life criteria of Classes A and B are not deemed to be met in the existing impoundments of those projects referred to in paragraph A if: (1) Reasonable changes can be implemented that do not significantly affect existing energy generation capability; and (2) Those changes would result in improvement in the habitat and aquatic life of the impounded waters. If the conditions described in subparagraphs (1) and (2) occur, those changes must be implemented and the resulting improvement in habitat and aquatic life must be achieved and maintained. [PL 1991, c. 813, Pt. B, §1 (NEW).] C. If the conditions described in paragraph B, subparagraphs (1) and (2) occur at a project in existence on the effective date of this subsection, the impoundment of which is classified C, the changes described in paragraph B , subparagraphs (1) and (2) must be implemented and the resulting improvement in habitat and aquatic life must be achieved and maintained. [PL 1991, c. 813, Pt. B, §1 (NEW).] D. When the actual water quality of waters affected by this subsection attains any more stringent characteristic or criteria of those waters' classification under sections 465 , 467 and 468 , that water quality must be maintained and protected. [PL 1991, c. 813, Pt. B, §1 (NEW).] [RR 2021, c. 2, Pt. A, §130 (COR).]

11. Downstream stretches affected by existing hydropower projects. Hydropower projects in existence on the effective date of this subsection that are located on water bodies referenced in section 467, subsection 4, paragraph A , subparagraphs (1) and (7), and section 467, subsection 12, paragraph A , subparagraphs (7) and (9) are subject to the provisions of this subsection. For the purposes of water quality certification of hydropower projects under the Federal Water Pollution Control Act, Public Law 92-500, Section 401 , as amended, and licensing of modifications to these hydropower projects under section 636, the habitat characteristics and aquatic life criteria of Class A are deemed to be met in the waters immediately downstream of and measurably affected by the projects listed in this subsection if the criteria contained in section 465, subsection 4, paragraph C are met. [RR 1993, c. 1, §114 (COR).]

12. Discharges from certain fish hatcheries. An unlicensed discharge from a fish hatchery is considered, and continues to be considered after it is licensed pursuant to section 413 , the same as a discharge licensed prior to January 1, 1986 for the purposes of subsection 4, paragraph A , subparagraph (1); section 465, subsection 2, paragraph C ; and section 465‑A, subsection 1, paragraph C if the following conditions are met: A. The discharge was in existence prior to January 1, 1986; [PL 1999, c. 720, §1 (NEW).] B. The fish hatchery is licensed to cultivate fish by the Department of Inland Fisheries and Wildlife on the effective date of this subsection; and [PL 1999, c. 720, §1 (NEW).] C. An application from the hatchery for a waste discharge license is accepted as complete for processing by the Department of Environmental Protection within 90 days of notification that a waste discharge license is required pursuant to section 413 . [PL 1999, c. 720, §1 (NEW).] The Department of Environmental Protection shall notify a fish hatchery with an unlicensed discharge that a waste discharge license is required pursuant to section 413 within 90 days of the effective date of this subsection or within 90 days of finding the unlicensed discharge. [PL 1999, c. 720, §1 (NEW).]

13. Measurement of dissolved oxygen in riverine impoundments. Compliance with dissolved oxygen criteria in existing riverine impoundments must be measured as follows. A. Compliance with dissolved oxygen criteria may not be measured within 0.5 meters of the bottom of existing riverine impoundments. [PL 2003, c. 257, §1 (NEW).] B. Where mixing is inhibited due to thermal stratification in an existing riverine impoundment, compliance with numeric dissolved oxygen criteria may not be measured below the higher of: (1) The point of thermal stratification when such stratification occurs; or (2) The point proposed by the department as an alternative depth for a specific riverine impoundment based on all factors included in section 466, subsection 11‑A and for which a use attainability analysis is conducted if required by the United States Environmental Protection Agency. For purposes of this paragraph, "thermal stratification" means a change of temperature of at least one degree Celsius per meter of depth, causing water below this point in an impoundment to become isolated and not mix with water above this point in the impoundment. [PL 2003, c. 257, §1 (NEW).] C. Where mixing is inhibited due to natural topographical features in an existing riverine impoundment, compliance with numeric dissolved oxygen criteria may not be measured within that portion of the impoundment that is topographically isolated. Such natural topographic features may include, but not be limited to, natural deep holes or river bottom sills. [PL 2003, c. 257, §1 (NEW).] Notwithstanding the provisions of this subsection, dissolved oxygen concentrations in existing riverine impoundments must be sufficient to support existing and designated uses of these waters. For purposes of this subsection, "existing riverine impoundments" means all impoundments of rivers and streams in existence as of January 1, 2001 and not otherwise classified as GPA. [PL 2003, c. 257, §1 (NEW).]
38 M.R.S. § 490-NN — ME Code / Title 38 / Chapter 3 / Section 490-NN
38 §490-NN. Administration and enforcement; rules; regulation by local units of government
Status: in_force

1. Administration; jurisdiction; rules. The department shall administer and enforce this article in all areas of the State, including the unorganized territory, in order to regulate mining. A. The provisions of articles 6 , 7 and 8‑A , chapter 13 and section 420‑D do not apply to projects reviewed under this article. Projects reviewed under this article do not require any other permits from the department except for permits required under section 490‑OO ; permits required under article 5‑A ; waste discharge licenses required under section 413 for discharges of pollutants to groundwater via an underground injection well or discharges of pollutants to surface waters of the State, including permits for construction and industrial discharge issued by the department pursuant to 40 Code of Federal Regulations, Section 122.26; licenses required under chapter 4 ; and other permits or licenses issued pursuant to any United States Environmental Protection Agency federally delegated program. This article does not prohibit the department from adopting rules to implement standards for mining that are necessary to protect human health and the environment. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. In addition to other powers granted to it, the department shall adopt rules to carry out its duties under this article, including, but not limited to, standards for exploration, advanced exploration, construction, operation, closure, post-closure monitoring, reclamation and remediation. Except as otherwise provided, rules adopted under this article are major substantive rules for purposes of Title 5, chapter 375, subchapter 2‑A and are subject to section 341‑H . Notwithstanding Title 5, section 8072, subsection 11 , or any other provision of law to the contrary, rules provisionally adopted by the department in accordance with this article and submitted for legislative review may not be finally adopted by the department unless legislation authorizing final adoption of those rules is enacted into law. [PL 2017, c. 142, §5 (AMD).] [PL 2017, c. 142, §5 (AMD).]

2. Maine Land Use Planning Commission. The department may not approve a permit under this article in an unorganized territory unless the Maine Land Use Planning Commission certifies to the department that: A. The proposed mining is an allowed use within the subdistrict or subdistricts in which it is to be located; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. The proposed mining meets any land use standard established by the Maine Land Use Planning Commission and applicable to the project that is not considered in the department's review. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF); PL 2011, c. 682, §38 (REV).] The Maine Land Use Planning Commission shall adopt rules in accordance with this subsection relating to the certification of mining permit applications under this article. Notwithstanding any other provision of law to the contrary, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 142, §6 (AMD).]

3. Municipal authority. This article does not prevent a municipality from regulating or controlling mining or reclamation activities that are subject to this article, including, but not limited to, construction, operation, closure, post-closure monitoring, reclamation and remediation activities. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Determination of applicability of Maine Metallic Mineral Mining Act requirements. As provided in this subsection and following the adoption of rules by the department pursuant to this subsection, a person proposing to conduct exploration for or physical extraction, crushing, grinding, sorting or storage of metallic minerals as described in section 490‑MM, subsection 11, paragraph D may request a written determination from the department that the requirements of this article do not apply to the activity. The department shall adopt rules governing the requirements for issuance of such a determination under this subsection, which must include, but are not limited to: A. Provisions for ensuring that the activity will generate only mine waste that does not have the potential to create acid rock drainage, alkali rock drainage or drainage or other discharges that could cause violations of water quality criteria or standards other than sedimentation or turbidity and will not release or expose radioactive or other materials that could endanger human health or the environment. The provisions under this paragraph must include, but are not limited to, preextraction sampling requirements; [PL 2023, c. 398, §4 (NEW).] B. Provisions for ensuring that the activity, if excluded from the requirements of this article, is subject to requirements of article 6 , article 7 , article 8‑A or Title 12, chapter 206‑A as applicable, including, but not limited to, applicable requirements and standards under those laws regarding the effect of the activity on wildlife habitat and other protected natural resources; and [PL 2023, c. 398, §4 (NEW).] C. Provisions for requiring monitoring as necessary to demonstrate compliance with applicable standards and to protect water quality and human health during and after the activity. [PL 2023, c. 398, §4 (NEW).] An activity excluded from the requirements of this article as determined by the department pursuant to this subsection is not subject to the otherwise applicable requirements of this article, the otherwise applicable rules adopted pursuant to this article, except for those rules adopted by the department pursuant to this subsection, or the fees for metallic mineral mining set forth in section 352, subsection 4‑A . Rules adopted by the department pursuant to this subsection are major substantive rules, as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 398, §4 (NEW).]

5. Mining excise tax. A person engaging in mining activities pursuant to this article and a person, pursuant to article 6 , article 7 , article 8‑A or Title 12, chapter 206‑A , engaging in activities described in section 490‑MM, subsection 11, paragraph D following a determination by the department under subsection 4 is subject to the mining excise tax under Title 36, chapter 371 . A person engaging in the activities described in section 490‑MM, subsection 11, paragraphs A to C is not subject to the mining excise tax under Title 36, chapter 371 . [PL 2023, c. 398, §5 (NEW).]
38 M.R.S. § 1157 — ME Code / Title 38 / Chapter 11 / Section 1157
38 §1157. Contracts for disposal of sewage
Status: in_force

Any sanitary district formed under this chapter is authorized to contract with persons, corporations, districts and other municipalities, both inside and outside the boundaries of the district, and with the State of Maine and the United States Government or any agency of either, to provide for disposal of sewage and commercial and industrial waste and storm and surface water through the district's system and through the system of any such person, corporation, district or other municipality; and every other district and municipality of the State of Maine is authorized to contract with such sanitary district for the collection, distribution, treatment and disposal of sewage and commercial and industrial waste and storm and surface water, and for said purposes any such municipality may raise money as for other municipal charges. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 483-A — ME Code / Title 38 / Chapter 3 / Section 483-A
38 §483-A. Prohibition
Status: in_force

1. Approval required. A person may not construct or cause to be constructed or operate or cause to be operated or, in the case of a subdivision, sell or lease, offer for sale or lease or cause to be sold or leased any development of state or regional significance that may substantially affect the environment without first having obtained approval for this construction, operation, lease or sale from the department. [PL 2003, c. 452, Pt. W, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Compliance with order or permit required. A person having an interest in, or undertaking an activity on, a parcel of land affected by an order or permit issued by the department may not act contrary to that order or permit. [PL 2003, c. 452, Pt. W, §7 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
38 M.R.S. § 412 — ME Code / Title 38 / Chapter 3 / Section 412
38 §412. Grants by State for planning
Status: in_force

1. Grants by State for planning. The commissioner is authorized to pay an amount at least 15%, but not to exceed 25%, of the expense incurred by a municipality or quasi-municipal corporation in preliminary or final planning of a pollution abatement program in the form of a grant. The amount may not be paid until the governing body of the municipality or the quasi-municipal corporation duly votes to proceed with preliminary or final planning of a pollution abatement program, as appropriate. A. For the purposes of this section, "preliminary planning" means engineering studies that include analysis of existing pollution problems; estimates of the cost of alternative methods of waste treatment, studies of areas to be served by the proposed facilities and estimates of the cost of serving such areas; preliminary sketches of existing and proposed sewer and treatment plant layouts; and estimates of alternative methods of financing, including user charges, and other studies and estimates designed to aid the municipality or quasi-municipal corporation in deciding whether and how best to proceed with a pollution abatement program. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §26 (AMD).] B. For the purposes of this section, "final planning" means the preparation of engineering drawings and specifications for the construction of waste treatment facilities, interceptor systems and outfalls or other facilities specifically designated in departmental rules. All proceeds from the sale of bonds for the planning of pollution abatement facilities expended under the direction and supervision of the commissioner must be segregated, apportioned and expended as provided by the Legislature. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §26 (AMD).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §26 (AMD).]
38 M.R.S. § 1695 — ME Code / Title 38 / Chapter 16-D / Section 1695
38 §1695. Disclosure of information on priority chemicals
Status: in_force

1. Reporting of chemical use. A person who is a manufacturer or distributor of a children's product for sale in the State that contains a priority chemical, as identified pursuant to section 1694 , in an amount greater than a de minimis level shall notify the department in writing unless waived by the commissioner pursuant to this section or exempt from this chapter pursuant to section 1697 . This written notice must be made within 180 days after a priority chemical is identified. If the sale of the children's product does not commence until after the 180-day reporting period ends, this written notice must be made within 30 days of sale of the children's product in the State. This written notice must identify the children's product, the number of units sold or distributed for sale in the State or nationally, the priority chemical or chemicals contained in the children's product, the amount of such chemicals in each unit of children's product and the intended purpose of the chemicals in the children's product. [PL 2013, c. 232, §1 (AMD).]

2. Supplemental information. The manufacturer or distributor of a children's product that contains a priority chemical shall provide the following additional information if requested by the department: A. Information on the likelihood that the chemical will be released from the children's product to the environment during the children's product's life cycle and the extent to which users of the children's product are likely to be exposed to the chemical; [PL 2007, c. 643, §2 (NEW).] B. Information on the extent to which the chemical is present in the environment or human body; and [PL 2007, c. 643, §2 (NEW).] C. An assessment of the availability, cost, feasibility and performance, including potential for harm to human health and the environment, of alternatives to the priority chemical and the reason the priority chemical is used in the manufacture of the children's product in lieu of identified alternatives. If an assessment acceptable to the department is not timely submitted, the department may assess a fee on the manufacturer or distributor to cover the costs to prepare an independent report on the availability of safer alternatives by a contractor of the department's choice. [PL 2007, c. 643, §2 (NEW).] The manufacturer or distributor of a children's product that contains a priority chemical may provide additional information to the department regarding the potential for harm to human health and the environment from specific uses of the priority chemical. [PL 2007, c. 643, §2 (NEW).]

3. Waiver of reporting; fee; extension of deadline. The commissioner may waive all or part of the notification requirement under subsection 1 for one or more specified uses of a priority chemical if the commissioner determines that substantially equivalent information is already publicly available, that the information is not needed for the purposes of this chapter or that the specified use or uses are minor in volume. The department may assess a fee payable by the manufacturer or distributor upon submission of the notification to cover the department's reasonable costs in managing the information collected. The department may extend the deadline for submission of the information required under subsection 1 for one or more specified uses of a priority chemical in a children's product if it determines that more time is needed by the manufacturer or distributor to comply with the submission requirement or if the information is not needed at that time. [PL 2007, c. 643, §2 (NEW).]

4. Rulemaking to determine fees. If the department assesses a fee pursuant to subsection 2, paragraph C or subsection 3 , the department shall determine the appropriate fee through major substantive rulemaking, as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 470-F — ME Code / Title 38 / Chapter 3 / Section 470-F
38 §470-F. Local water use policies encouraged
Status: in_force

The department shall encourage and cooperate with state, regional or municipal agencies, boards or organizations in the development and adoption of regional or local water use policies that protect the environment from excessive drawdown of water sources during low-flow periods. The department shall encourage those entities, in developing those policies, to review previously adopted low-flow policies. [PL 2009, c. 369, Pt. A, §35 (AMD).]
38 M.R.S. § 480-JJ — ME Code / Title 38 / Chapter 3 / Section 480-JJ
38 §480-JJ. Program to reduce erosion and protect lake water quality (REALLOCATED FROM TITLE 38, SECTION 480-II)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 480-II)

1. Program. The commissioner shall contract with a private organization to establish and administer a program to reduce shoreline erosion and protect lake water quality, as described in subsections 2 and 3 , as long as the commissioner determines that there are sufficient funds available to support the program and that a suitable private organization is available to establish and administer the program. [RR 2015, c. 1, §44 (RAL).]

2. Informational material to be provided. The program established pursuant to this section may provide for the distribution of informational material on erosion control measures, including planting shrubs, bushes and other vegetation near the shoreline, spreading mulch on bare soil, placing rock riprap along shorelines and building infiltration steps and trenches to direct water into the ground or woods or away from the shoreline. [RR 2015, c. 1, §44 (RAL).]

3. Erosion control measures to be implemented. The program established pursuant to this section must facilitate the performance of necessary erosion control measures on or near the shoreline of a lake, pond or great pond. [RR 2015, c. 1, §44 (RAL).]

4. Program funding. The program established pursuant to this section is funded by sums that are appropriated by the Legislature or transferred from time to time by the State Controller. [RR 2015, c. 1, §44 (RAL).]
38 M.R.S. § 630 — ME Code / Title 38 / Chapter 5 / Section 630
38 §630. Short title
Status: in_force

This subarticle may be cited and referred to in proceedings and agreements as the "Maine Waterway Development and Conservation Act." [PL 1983, c. 458, §18 (NEW).]
38 M.R.S. § 436-A — ME Code / Title 38 / Chapter 3 / Section 436-A
38 §436-A. Definitions
Status: reserved

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 815, §§3, 11 (NEW).]

1. Coastal wetlands. "Coastal wetlands" has the same meaning as in section 480‑B, subsection 2 . [PL 2025, c. 128, §1 (RPR).]

1-A. Basement. "Basement" means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level. [PL 1997, c. 748, §2 (NEW).]

1-B. Agriculture. "Agriculture" means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. "Agriculture" does not include forest management and timber harvesting activities. [PL 2013, c. 242, §1 (NEW); PL 2013, c. 320, §1 (NEW).]

1-C. Area of special flood hazard. "Area of special flood hazard" means land in a floodplain having a 1% or greater chance of flooding in any given year, as identified in the effective federal flood insurance study and corresponding flood insurance rate maps. [PL 2021, c. 504, §1 (NEW).]

2. Commercial fishing activities. "Commercial fishing activities" means activities directly related to commercial fishing and those commercial activities commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait and nets, and the sale, manufacture, installation or repair of boats, engines and other equipment commonly used on boats. [PL 1987, c. 815, §§3, 11 (NEW).]

3. Densely developed area. "Densely developed area" means any commercial, industrial or compact residential area of 10 or more acres with a density of at least one principal structure per 2 acres. [PL 1987, c. 815, §§3, 11 (NEW).]

4. Floodway. "Floodway" means the channel of a river or other water course and the adjacent land areas that must be reserved to allow for the discharge of a 100-year flood without cumulatively increasing the water surface elevation of the 100-year flood by more than one foot. [PL 1987, c. 815, §§3, 11 (NEW).]

4-A. Footprint. "Footprint" means the entire area of ground covered by the structures on a premises, including cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks. [PL 2013, c. 320, §2 (NEW).]

5. Freshwater wetlands. "Freshwater wetlands" means freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are: A. Of 10 or more contiguous acres, or of less than 10 contiguous acres and adjacent to a surface water body, excluding any river, stream or brook, such that, in a natural state, the combined surface area is in excess of 10 acres; and [PL 1989, c. 403, §4 (AMD).] B. Inundated or saturated by surface or ground water at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils. [PL 1989, c. 403, §4 (AMD).] Freshwater wetlands may contain small stream channels or inclusions of land that do not conform to the criteria of this subsection. [PL 1991, c. 346, §2 (AMD).]

5-A. Forested wetland. "Forested wetland" means a freshwater wetland dominated by woody vegetation that is 6 meters tall or taller. [PL 1989, c. 838, §1 (NEW).]

6. Functionally water-dependent uses. "Functionally water-dependent uses" means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. These uses include, but are not limited to, commercial and recreational fishing and boating facilities, finfish and shellfish processing, fish-related storage and retail and wholesale marketing facilities, waterfront dock and port facilities, shipyards and boat building facilities, marinas, navigation aids, basins and channels, shoreline structures necessary for erosion control purposes, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or processing water that can not reasonably be located or operated at an inland site and uses that primarily provide general public access to coastal or inland waters. Recreational boat storage buildings are not considered to be a functionally water-dependent use. [PL 2013, c. 320, §3 (AMD).]

7. Great pond. "Great pond" means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. [PL 1989, c. 403, §4 (AMD).]

7-A. Height. "Height" means: A. With respect to existing principal or accessory structures, including legally existing nonconforming structures, located within an area of special flood hazard that have been or are proposed to be relocated, reconstructed, replaced or elevated to be consistent with the minimum elevation required by a local floodplain management ordinance, the vertical distance between the bottom of the sill of the structure to the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances that have no floor area; and [PL 2021, c. 504, §2 (NEW).] B. With respect to new principal or accessory structures and to existing principal or accessory structures other than those described in paragraph A , including legally existing nonconforming structures, the vertical distance between the mean original grade at the downhill side of the structure, prior to construction, and the highest point of the structure, excluding chimneys, steeples, antennas and similar appurtenances that have no floor area. [PL 2021, c. 504, §2 (NEW).] [PL 2021, c. 504, §2 (RPR).]

8. Maritime activities. "Maritime activities" means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. [PL 1987, c. 815, §§3, 11 (NEW).]

9. Normal high-water line. "Normal high-water line" means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. [PL 1987, c. 815, §§3, 11 (NEW).]

9-A. Outlet stream. "Outlet stream" means any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland. [PL 2013, c. 320, §4 (AMD).]

10. Principal structure. "Principal structure" means a building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises. [PL 1987, c. 815, §§3, 11 (NEW).]

11. River. "River" means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. [PL 1989, c. 403, §4 (AMD).]

11-A. Stream. "Stream" means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. When a stream meets the shoreland zone of a water body or wetland and a channel forms downstream of the water body or wetland as an outlet, that channel is also a stream. [PL 2013, c. 320, §5 (AMD).]

12. Structure. "Structure" means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. "Structure" does not include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors; subsurface waste water disposal systems as defined in Title 30‑A, section 4201, subsection 5 ; geothermal heat exchange wells as defined in Title 32, section 4700‑E, subsection 3‑C ; or wells or water wells as defined in Title 32, section 4700‑E, subsection 8 . As used in this subsection, "service drop" has the same meaning as in section 952 . [PL 2013, c. 489, §1 (AMD).]

13. Timber harvesting. "Timber harvesting" has the same meaning as in Title 12, section 8868, subsection 4 . "Timber harvesting" does not include the cutting or removal of vegetation within the shoreland zone when associated with any other land use activities. [PL 2021, c. 30, §6 (AMD).]
38 M.R.S. § 582 — ME Code / Title 38 / Chapter 4 / Section 582
38 §582. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 546, §11 (AMD).]

1. Air contaminants. "Air contaminants" includes, but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof. [PL 1989, c. 546, §11 (AMD).]

2. Air contamination source. "Air contamination source" means any and all sources of emission of air contaminants, whether privately or publicly owned or operated. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial plants, works, shops and stores; heating and power plants and stations; buildings and other structures of all types, including single and multiple family residences, apartments, houses, office buildings, hotels, restaurants, schools, hospitals, churches and other institutional buildings; garages and vending and service locations and stations, railroad locomotives, ships, boats and other water-borne craft; portable fuel-burning equipment, indoor and outdoor incinerators of all types, refuse dumps and piles; and any machinery, equipment, stack, conduit, flue, duct, vent, chimney or other apparatus leading out of any of the foregoing. [PL 1979, c. 127, §212 (AMD).]

3. Air pollution. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected thereby. [PL 1983, c. 760, §1 (AMD).]

4. Air pollution control apparatus. "Air pollution control apparatus" means and includes any appliance, equipment or machinery which removes, reduces controls, eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air. [PL 1989, c. 546, §11 (AMD).]

5. Ambient air. "Ambient air" means all air outside of buildings, stacks or exterior ducts. [PL 1969, c. 474, §1 (NEW).]

5-A. Best practical treatment. "Best practical treatment" means that method which controls or reduces emissions of air contaminants to the lowest possible level considering: A. The then existing state of technology; [PL 1973, c. 438, §1 (NEW).] B. The effectiveness of available alternatives for reducing emissions from the source being considered; and [PL 1989, c. 546, §11 (AMD).] C. The economic feasibility for the type of establishment involved. [PL 1973, c. 438, §1 (NEW).] [PL 1989, c. 546, §11 (AMD).]

5-B. Baseline concentration. [PL 1979, c. 718, §1 (RP).]

5-C. Best available retrofit technology or BART. "Best available retrofit technology" or "BART" means an emission limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each visibility-impairing air pollutant that is emitted by an existing stationary facility. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source and the degree of improvement in visibility that may reasonably be anticipated to result from the use of such technology. [PL 2007, c. 95, §1 (NEW).]

5-D. BART eligible unit. "BART eligible unit" means an existing stationary facility. [PL 2007, c. 95, §2 (NEW).]

5-E. Existing stationary facility. "Existing stationary facility" has the same meaning as in 40 Code of Federal Regulations, Section 51.301 (2006). [PL 2007, c. 95, §3 (NEW).]

6. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §155 (RP).]

6-A. Commissioner. [PL 1977, c. 78, §207 (RP).]

6-A-1. Bulk gasoline plant. "Bulk gasoline plant" means, except for gasoline service stations, any gasoline storage and distribution facility or bulk gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries, bulk gasoline terminals or through direct import. [PL 1989, c. 546, §11 (NEW).]

6-B. Bulk gasoline terminal. "Bulk gasoline terminal" means a gasoline storage facility that receives gasoline from refineries, primarily by pipeline, ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank vehicle and that has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline. [PL 2013, c. 381, Pt. B, §34 (AMD).]

7. Emission. "Emission" means a release of air contaminants into ambient air or the air contaminants so released. [PL 1989, c. 546, §11 (AMD).]

7-A. Emission source. "Emission source" means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated. [PL 1973, c. 438, §3 (NEW).]

7-A-1. External floating roof. "External floating roof" means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. [PL 1979, c. 385, §1 (NEW).]

7-B. Fuel-burning equipment. "Fuel-burning equipment" means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning fuel including stationary internal combustion engines. [PL 1989, c. 546, §11 (AMD).]

7-C. Fugitive dust. [PL 1979, c. 718, §2 (RP).]

7-C-1. Fugitive emissions. "Fugitive emissions" means emissions of air contaminants which do not pass through a stack, flue, chimney or vent. [PL 1989, c. 546, §11 (AMD).]

7-D. General process source. "General process source" means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning sources and sources of fugitive emissions. [PL 1989, c. 546, §11 (AMD).]

7-E. Incinerator. "Incinerator" means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel. A. [PL 1989, c. 546, §11 (RP).] B. [PL 1989, c. 546, §11 (RP).] C. [PL 1989, c. 546, §11 (RP).] D. [PL 1989, c. 546, §11 (RP).] E. [PL 1989, c. 546, §11 (RP).] F. [PL 1989, c. 546, §11 (RP).] G. [PL 1989, c. 546, §11 (RP).] H. [PL 1989, c. 546, §11 (RP).] I. [PL 1989, c. 546, §11 (RP).] [PL 1991, c. 220, §1 (AMD).]

7-E-1. Internal floating roof. "Internal floating roof" means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell. [PL 1979, c. 385, §1 (NEW).]

7-E-2. Lowest achievable emission rate. "Lowest achievable emission rate" means the more stringent rate of emissions based on the following: A. The most stringent emission limitation which is contained in any implementation plan of any state for that class or category of source, unless the owner or operator of the proposed source demonstrates that those limitations are not achievable; or [PL 1989, c. 546, §11 (AMD).] B. The most stringent emission limitation achieved in practice by that class or category of source, whichever is more stringent. In no event may "lowest achievable emission rate" result in the emission of any pollutant in excess of those standards and limitations promulgated pursuant to Section 111 or 112 of the United States Clean Air Act, as amended, or any emission standard established by the board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §156 (AMD).] [PL 1989, c. 546, §11 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §156 (AMD).]

7-F. Modification. [PL 1979, c. 718, §4 (RP).]

7-G. Hazardous air pollutant. "Hazardous air pollutant" means an air pollutant to which no ambient air standard is applicable and which in the judgment of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. This term includes, but is not limited to, those pollutants for which the United States Environmental Protection Agency has adopted National Emission Standards for Hazardous Air Pollutants pursuant to 40 Code of Federal Regulations, Part 61. [PL 1989, c. 546, §11 (AMD).]

7-H. Gasoline dispensing facility. "Gasoline dispensing facility" means any gasoline service station, bulk terminal or bulk plant or any other facility or organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses fuel for motor vehicle use. [PL 1989, c. 197, §2 (NEW).]

7-I. Material-separated, refuse-derived fuel. "Material-separated, refuse-derived fuel" means a binder-enhanced, pelletized, solid fuel product made from the combustible fraction of a municipal solid waste stream that has been processed to remove the recyclable material before combustion. The product may not contain more than 6% by weight of plastic, metal, glass or food waste. In addition, the production of material-separated, refuse-derived fuel may not exceed 40% by weight of the total municipal solid waste stream from which it was derived. [PL 1991, c. 220, §2 (NEW).]

8. Municipality. "Municipality" includes, for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations. [PL 1983, c. 703, §1 (AMD).]

8-A. Opacity. "Opacity" means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage. Complete obscuration shall be expressed as 100% opacity. [PL 1989, c. 546, §11 (AMD).]

8-B. Open burning. "Open burning" means the burning of any type of combustible material in the open ambient air without being completely enclosed and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or duct or other device or structure. [PL 1973, c. 438, §4 (NEW).]

8-C. Outdoor wood boiler. "Outdoor wood boiler" means a fuel burning device: A. Designed to burn wood, biomass fuel products or other solid fuels; [PL 2009, c. 209, §1 (AMD).] B. That the manufacturer specifies for outdoor installation or in structures not normally occupied by humans or is an indoor-rated device housed in a modular or containerized structure; and [PL 2009, c. 209, §2 (AMD).] C. That heats building space or water, or both, through the distribution, typically through pipes for a fluid or ducts for air, of a fluid or air heated in the device. [PL 2009, c. 209, §3 (AMD).] [PL 2009, c. 209, §§1-3 (AMD).]

9. Person. "Person" means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state governmental agency or other legal entity. [PL 1969, c. 474, §1 (NEW).]

9-A. Process weight rate. "Process weight rate" means the average total weight of all materials, not including any gaseous or liquid fuels, solid fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per unit of time. [PL 1989, c. 546, §11 (AMD).]

9-B. Petroleum liquids. "Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery. [PL 1989, c. 546, §11 (AMD).]

9-B. Potential emmissions. [PL 1979, c. 718, §5 (RP).]

9-C. Potential emmissions. [PL 1981, c. 470, Pt. A, §166 (RP).]

9-D. PM10. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method based on 40 Code of Federal Regulations, Part 50, Appendix J and designated in accordance with 40 Code of Federal Regulations, Part 53. [PL 1995, c. 493, §11 (NEW).]

10. Region. "Region" means an air quality region or regions established by the board pursuant to section 583 . [PL 1989, c. 546, §11 (AMD).]

10-A. Resource recovery facility. "Resource recovery facility" has the same meaning as an incineration facility defined in section 1303‑C, subsection 16 except that, for the purposes of this chapter, a facility that burns material-separated, refuse-derived fuel but does not burn municipal solid waste or refuse-derived fuel as defined in section 1303‑C is not a resource recovery facility. [PL 1991, c. 220, §3 (NEW).]

10-B. Reformulated gasoline. "Reformulated gasoline" has the same meaning as in 40 Code of Federal Regulations, Section 80.2(ee) (2012). [PL 2013, c. 221, §1 (NEW).]

11. Ringelmann Chart. "Ringelmann Chart" shall mean the chart published and described in the United States Bureau of Mines Information Circular 8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring density or opacity of any black emissions or any other such device which may be approved by the board. [PL 1989, c. 546, §11 (AMD).]

11-A. Solid waste fuel. "Solid waste fuel," when burned as fuel in solid waste fuel-burning equipment, means any material, other than primary fossil fuel, including, without limitation, garbage, refuse, sludge from a waste treatment plant or air pollution control facility, sawdust, shavings, chips, bark, slabs or inert fill material. [PL 1979, c. 476, §2 (NEW).]

11-B. Solid waste fuel-burning equipment. "Solid waste fuel-burning equipment" means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning solid waste fuel for the primary purpose of producing thermal energy. Equipment used to burn material-separated, refuse-derived fuel either alone or with another fuel other than solid waste fuel or refuse-derived fuel as defined in section 1303‑C is not solid waste fuel-burning equipment. [PL 1991, c. 220, §4 (AMD).]

11-C. True vapor pressure. "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks," 1962. [PL 1981, c. 470, Pt. A, §167 (RAL).]

11-D. Toxicity score. "Toxicity score" means a score given to a hazardous air pollutant by the Department of Health and Human Services, Maine Center for Disease Control and Prevention. [PL 2007, c. 589, §4 (AMD); PL 2007, c. 589, §9 (AFF).]

11-E. Air quality units. "Air quality units" means the toxicity score for a hazardous air pollutant multiplied by the estimated emissions of that hazardous air pollutant. [PL 2007, c. 589, §5 (AMD); PL 2007, c. 589, §9 (AFF).]

12. Waste. "Waste" means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source. A. [PL 1989, c. 546, §11 (RP).] B. [PL 1989, c. 546, §11 (RP).] C. [PL 1989, c. 546, §11 (RP).] D. [PL 1989, c. 546, §11 (RP).] E. [PL 1989, c. 546, §11 (RP).] F. [PL 1989, c. 546, §11 (RP).] G. [PL 1989, c. 546, §11 (RP).] [PL 1989, c. 546, §11 (AMD).]

Additional words, terms and phrases, whether used in this chapter or not, may be defined for purposes of this chapter by the board by regulation, but in no case may a definition established by this section be altered by board regulation. [PL 1971, c. 618, §12 (AMD).]
38 M.R.S. § 1310-N — ME Code / Title 38 / Chapter 13 / Section 1310-N
38 §1310-N. Solid waste facility licenses
Status: in_force

No person may locate, establish, construct, expand the disposal capacity of or operate any solid waste facility unless approved by the department under the provisions of this chapter. When the proposed facility is located within the jurisdiction of the Maine Land Use Planning Commission, in addition to any other requirement, the department shall require compliance with existing standards of the commission. [PL 1993, c. 680, Pt. A, §37 (RPR); PL 2011, c. 682, §38 (REV).]

1. Licenses. The department shall issue a license for a waste facility whenever it finds that: A. The facility will not pollute any water of the State, contaminate the ambient air, constitute a hazard to health or welfare or create a nuisance; [PL 1993, c. 680, Pt. A, §37 (RPR).] B. In the case of a disposal facility, the facility provides a substantial public benefit, determined in accordance with subsection 3‑A ; [PL 2013, c. 458, §1 (AMD).] C. In the case of a disposal facility or a solid waste processing facility that generates residue requiring disposal, the volume of the waste and the risks related to its handling and disposal have been reduced to the maximum practical extent by recycling and source reduction prior to disposal. This paragraph does not apply to the expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling or to any other facility exempt from the requirements of subsection 5‑A . The department shall find that the provisions of this paragraph are satisfied when the applicant demonstrates that the applicable requirements of subsection 5‑A have been satisfied; and [PL 2013, c. 458, §1 (AMD).] D. The practices of the facility are consistent with the State's solid waste management hierarchy set forth in section 2101 . The department shall adopt rules incorporating the State's solid waste management hierarchy as a review criterion for licensing approval under this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 458, §1 (NEW).] [PL 2013, c. 458, §1 (AMD).]

1-A. Surface water protection. The department may not issue a license for a solid waste facility if it finds that the proposed facility will cause an unreasonable threat to the quality of a classified body of surface water. In determining whether the proposed facility poses an unreasonable threat, the department shall require the applicant to provide evidence demonstrating that: A. The soils on the proposed facility site are suitable to the nature of the undertaking; [PL 1995, c. 126, §1 (NEW).] B. An appropriate erosion and sedimentation control plan has been developed and will be implemented on the site; and [PL 1995, c. 126, §1 (NEW).] C. The proximity of any classified surface water bodies to the proposed solid waste facility has been considered during the site selection process and during the development of the erosion and sedimentation control plan. [PL 1995, c. 126, §1 (NEW).] [PL 1995, c. 126, §1 (NEW).]

2. Finding of environmental suitability. [PL 1989, c. 585, Pt. E, §25 (RP).]

2-A. Aquifer protection. The department may not issue a license for a solid waste disposal facility when it finds that the proposed facility overlies a significant sand and gravel aquifer or when the department finds that the proposed facility poses an unreasonable threat to the quality of a significant sand and gravel aquifer it does not overlie, or to an underlying fractured bedrock aquifer. A. "Significant sand and gravel aquifer" is defined as a porous formation of ice-contact and glacial outwash sand and gravel that contains significant recoverable quantities of water likely to provide drinking water supplies. [PL 1993, c. 680, Pt. A, §37 (RPR).] B. "Fractured bedrock aquifer" is defined as a consolidated rock formation that is fractured and that is saturated and recharged by precipitation percolating through overlying sediments to a degree that will permit wells drilled into the rock to produce a sufficient water supply for domestic use. [PL 1993, c. 680, Pt. A, §37 (RPR).] C. In determining whether or not the proposed facility poses an unreasonable threat to the quality of a significant sand and gravel aquifer or to an underlying fractured bedrock aquifer, the department shall require the applicant to provide: (1) A thorough hydrogeological assessment of the proposed site and the contiguous area including any classified surface waters, significant sand and gravel aquifers and fractured bedrock aquifers that could be affected by the proposed facility during normal operation or in the event of unforeseen circumstances including the failure of any engineered barriers to ground water flow. The assessment must include a description of ground water flow rates, the direction of ground water flow in both the horizontal and vertical directions, and the degree of dilution or attenuation of any contaminants that may be released from the proposed site and flow toward any classified surface water, significant sand and gravel aquifer or fractured bedrock aquifer. [PL 1993, c. 680, Pt. A, §37 (RPR).] [PL 1993, c. 680, Pt. A, §37 (RPR).]

2-B. Traffic movement. [PL 1993, c. 383, §36 (RP).]

2-C. Proximity to residential areas. [PL 1991, c. 43, §1 (RP); PL 1991, c. 43, §4 (AFF).]

2-D. Setback requirements for transfer stations. The department may not issue a permit or a license for a municipal solid waste transfer station unless the location of the handling site conforms to the following setback requirements. A. For a transfer station on an island that is not connected to the mainland by a road, the department shall establish setback distances on a case-specific basis in accordance with this paragraph: (1) No predetermined minimum setback from a property boundary, residence or public road established in statute or rule applies. A proposed setback from such a location must be reasonable and compatible with the abutting land use. If all abutting landowners give written approval to the location of the handling site, the department shall find that the proposed setback to a property boundary, residence or public road is reasonable and compatible with abutting land use. If all abutting landowners do not give written approval, the department shall make an independent determination of the reasonableness and the compatibility of the setback to a property boundary, residence or public road. (2) No predetermined minimum setback from an active or closed landfill established in statute or rule applies. The proposed setback from an active or closed landfill must be reasonable and compatible with the abutting land use. The department shall make an independent determination of the reasonableness and compatibility of the proposed setback to an active or closed landfill. (3) To the fullest extent possible, the department shall ensure that the handling site of a transfer station on an island is located in a manner that minimizes any adverse impact on the island residents. [PL 1995, c. 73, §1 (RPR).] B. For all other transfer stations, the handling site may not be within 250 feet of any abutting property boundary, unless: (1) The department finds the use of the abutting property to be compatible with the operation of a transfer station on the proposed location. If the department finds use of the abutting property to be compatible, the handling site may be within 250 feet of the boundary but not within 250 feet of any permanent structure on that abutting property; or (2) The municipality obtains the written permission of all property owners within 250 feet of the proposed handling site. [PL 1995, c. 73, §2 (AMD).] This subsection does not apply to transfer station permit or license renewals. [PL 1995, c. 73, §§1, 2 (AMD).]

2-E. Automobile dismantling, recycling and salvage operations. The department may not issue a license for a solid waste facility that is larger than 3 acres in size and that is the location of automobile dismantling, recycling and salvage if the automobile dismantling, recycling and salvage operations take place within 100 feet of a well that serves as a public or private water supply. This prohibition does not include a private well that serves only the facility or the owner's or operator's abutting residence. [PL 1993, c. 680, Pt. A, §37 (RPR).]

2-F. Siting standards. The department shall issue a license for a new or expanded solid waste facility when it finds that the following standards, in addition to any other requirements of this chapter, have been met. A. The applicant has the financial and technical ability to develop the project in a manner consistent with state environmental standards and with the provisions of this chapter. [PL 1993, c. 680, Pt. A, §37 (RPR).] B. The applicant has made adequate provision for traffic movement of all types into, out of and within the proposed solid waste facility. The department shall consider traffic movement both on site and off site. In making its determination, the department shall consider the following factors: (1) Vehicular weight limits; (2) Road construction and maintenance standards; (3) Vehicle type; (4) Public safety and congestion on any public or private road traveled by vehicles transporting waste to or from the proposed facility; and (5) Other relevant factors. [PL 1993, c. 680, Pt. A, §37 (RPR).] C. The applicant has made adequate provision for fitting the proposed solid waste facility harmoniously into the existing natural environment and the proposed solid waste facility will not unreasonably adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities. In determining whether an applicant has made adequate provision for fitting the proposed solid waste facility harmoniously into the existing natural environment, the department may consider the effect of at least 1.5 feet of relative sea level rise by 2050 and 4 feet of relative sea level rise by 2100 as specified by the department by rule. Rules adopted by the department pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 590, Pt. B, §2 (AMD).] D. The proposed solid waste facility will be built on soil types that are suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment. [PL 1993, c. 680, Pt. A, §37 (RPR).] E. The proposed solid waste facility will not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur. [PL 1993, c. 680, Pt. A, §37 (RPR).] F. The applicant has made adequate provision for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project, and the proposed solid waste facility will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services. [PL 1993, c. 680, Pt. A, §37 (RPR).] G. The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure. [PL 1993, c. 680, Pt. A, §37 (RPR).] [PL 2021, c. 590, Pt. B, §2 (AMD).]

2-G. Setback requirement for land application and off-site storage of sludge. The department may not issue a license for a sludge land application site that is within 75 feet of a river, perennial stream or great pond. The department may not issue a license for a sludge storage site or storage facility off the site of generation that is within 250 feet of a river, perennial stream or great pond. Upon the written request to the department of a person who owns property that abuts a sludge land application site or storage facility, the department shall restrict the sludge application or sludge storage site to no less than 50 feet from that abutting property boundary. The board may establish other setbacks by rule. [PL 1999, c. 393, §5 (NEW).]

3. Public benefit determination. [PL 1995, c. 465, Pt. A, §14 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

3-A. Public benefit determination. Public benefit determination is made in the following manner. A. For the following facilities, the department determines public benefit and shall employ a rebuttable presumption of public benefit: (1) Solid waste disposal facilities less than 6 acres in size that accept only inert fill, construction and demolition debris, debris from land clearing and wood wastes; and (2) Solid waste disposal facilities used exclusively for the disposal of waste generated by the owner of the facility except that the facility may accept, on a nonprofit basis, waste not generated by the owner provided that the amount so accepted does not exceed 15% of all solid waste accepted on an annual average. [PL 1995, c. 465, Pt. A, §15 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] B. For all other facilities, the commissioner shall make the determination of public benefit in accordance with section 1310‑AA , and the commissioner's determination under that section is not subject to review by the department or the board as part of the licensing process under this section. [PL 1995, c. 465, Pt. A, §15 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] [PL 1995, c. 465, Pt. A, §15 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

4. Presumption of public benefit. [PL 1989, c. 585, Pt. E, §27 (RP).]

5. Recycling and source reduction determination. [PL 2007, c. 583, §3 (RP).]

5-A. Recycling and source reduction determination. The requirements of this subsection apply to solid waste disposal facilities and to solid waste processing facilities that generate residue requiring disposal. A. An applicant for a new or expanded solid waste disposal facility shall demonstrate that: (1) The proposed solid waste disposal facility will accept solid waste that is subject to recycling and source reduction programs, voluntary or otherwise, at least as effective as those imposed by this chapter and other provisions of state law. The department shall attach this requirement as a standard condition to the license of a solid waste disposal facility governing the future acceptance of solid waste at the proposed facility; and (2) The applicant has shown consistency with the recycling provisions of the state plan. This paragraph does not apply to the expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling. [PL 2007, c. 583, §4 (NEW).] B. The provisions of this paragraph apply to solid waste processing facilities that generate residue requiring disposal. (1) An applicant for a new or expanded solid waste processing facility that generates residue requiring disposal shall demonstrate that all requirements of this paragraph will be satisfied. On an annual basis, an owner or operator of a licensed solid waste processing facility that generates residue requiring disposal shall demonstrate compliance with all the requirements of this paragraph. The annual demonstration of compliance must be included as an element of the facility's annual report to the department submitted in conformance with the provisions of subsection 6‑D, paragraph B and department rules. (2) A solid waste processing facility that generates residue requiring disposal shall recycle or process into fuel for combustion through methods other than chemical plastic processing all waste accepted at the facility to the maximum extent practicable, but in no case at a rate less than 50%. For purposes of this subsection, "recycle" does not include chemical plastic processing and does include, but is not limited to, plastic-to-plastic recycling; the reuse of waste generated within the State as defined in section 1303‑C, subsection 40‑A, paragraph C ; the recovery of metals from waste; the use of waste or waste-derived product as material substitutes in construction; and the use of waste as boiler fuel substitutes. At least 50% of the waste that a solid waste processing facility characterizes as recycled under this subparagraph must have been reused or recycled by the facility through methods other than placement of the waste in a solid waste landfill, except that a solid waste processing facility that was in operation during calendar year 2018, that accepts exclusively construction and demolition debris and that accepted more than 200,000 tons of such debris in calendar year 2018 shall: (a) Reuse or recycle at least 15% of such debris through methods other than placement in a solid waste landfill by July 1, 2026; (b) Reuse or recycle at least 20% of such debris through methods other than placement in a solid waste landfill by July 1, 2027; (c) Reuse or recycle at least 30% of such debris through methods other than placement in a solid waste landfill by July 1, 2028; (d) Reuse or recycle at least 40% of such debris through methods other than placement in a solid waste landfill by July 1, 2029; and (e) Reuse or recycle at least 50% of such debris through methods other than placement in a solid waste landfill by July 1, 2030. (3) A solid waste processing facility subject to this paragraph shall demonstrate consistency with the recycling provisions of the state plan. (4) The requirements of this paragraph do not apply to solid waste composting facilities; solid waste processing facilities whose primary purpose is volume reduction or other waste processing or treatment prior to disposal of the waste in a landfill or incineration facility; solid waste processing facilities that are licensed in accordance with permit-by-rule provisions of the department's rules; or solid waste processing facilities that are exempt from the requirements of the solid waste management rules related to processing facilities adopted by the board. (5) If the department amends the rules relating to fuel quality for construction and demolition wood fuel and the amendment adversely affects the ability of a solid waste processing facility to meet the 50% standard in subparagraph (2), the department may not enforce the requirements of subparagraph (2) against that processing facility and the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report relating to the rule change. The joint standing committee of the Legislature having jurisdiction over natural resources matters may submit legislation related to the report. The department shall adopt rules to implement the provisions of this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 373, §1 (AMD); PL 2025, c. 373, §4 (AFF).] For the purposes of this subsection, a solid waste processing facility that processes plastic waste through chemical plastic processing is deemed to generate residue requiring disposal. [PL 2025, c. 373, §1 (AMD); PL 2025, c. 373, §4 (AFF).]

6. Terms and compliance schedules. Except as provided in subsection 6‑D , licenses are issued under terms and conditions the department prescribes, and for a term not to exceed 5 years. The department may establish reasonable time schedules for compliance with this article and rules adopted by the board. A licensed or unlicensed municipal solid waste landfill operating on December 31, 1991 may continue to operate until December 31, 1992 unless the commissioner finds that continued operation of a landfill poses an immediate hazard to the public health or the environment, including, without limitation, a threat to a public or private water supply. [PL 1993, c. 680, Pt. A, §37 (RPR).]

6-A. Relicensing. Notwithstanding subsection 6 , a transfer station or a recycling facility licensed under this chapter is not subject to relicensing unless the standards in effect at the time the previous license was issued are changed or the facility significantly changes its operation. For the purposes of this subsection, a transfer station includes any associated area or use that is permitted by the license, such as areas used to burn or chip wood or brush and areas used to store or handle white goods or tires, but does not include any associated wood waste or demolition debris landfills. [PL 1993, c. 680, Pt. A, §37 (RPR).]

6-B. Unlicensed landfills operating after December 31, 1992. Notwithstanding subsection 6 , the commissioner shall enter into an agreement with a municipality allowing that municipality to operate an unlicensed municipal solid waste landfill after December 31, 1992 if the commissioner determines that the municipality has: A. Selected an alternative solid waste handling or disposal option that is licensed or capable of being licensed; [PL 1993, c. 680, Pt. A, §37 (RPR).] B. Proposed to the department a reasonable and mutually acceptable schedule for implementing that option; and [PL 1993, c. 680, Pt. A, §37 (RPR).] C. Agreed to cease accepting waste at the unlicensed landfill on a date certain. [PL 1993, c. 680, Pt. A, §37 (RPR).] An agreement under this subsection between a municipality and the department may not include any provision that prevents the municipality from using its unlicensed landfill for the disposal of municipal solid waste during the term of the agreement. Notwithstanding any provision of an agreement entered into under this subsection, the commissioner shall order an unlicensed landfill to cease operating if the commissioner finds that continued operation of the landfill poses an immediate hazard to the public health or the environment, including without limitation a threat to a public or private water supply. [PL 1993, c. 680, Pt. A, §37 (RPR).]

6-C. Summary of federal regulations. The commissioner shall provide a summary of the criteria for municipal solid waste landfills set forth in 40 Code of Federal Regulations, Part 258 (1992) to each municipality operating a licensed or unlicensed municipal solid waste landfill on the effective date of this subsection. The summary must describe the operational and, where possible, the economic implications under federal and state rules of accepting waste at a municipal solid waste landfill after October 8, 1993. [PL 1993, c. 680, Pt. A, §37 (RPR).]

6-D. Solid waste facilities licensed under rules valid on or after May 24, 1989. A solid waste facility license issued under applicable solid waste management rules valid on or after May 24, 1989 remains in effect unless modified under section 341‑D, subsection 3 or revoked or suspended under section 342, subsection 11‑B . These licensees must: A. Comply with applicable operating rules adopted by the board; [PL 1993, c. 680, Pt. A, §37 (NEW).] B. Comply with annual facility reporting rules adopted by the board; and [PL 1993, c. 680, Pt. A, §37 (NEW).] C. Beginning 5 years after the date of issuance of the license, pay an annual facility reporting fee established by the commissioner. The annual fee established in this paragraph must be an amount equal to 20% of the relicensing fee that would have applied to that facility. [PL 1993, c. 680, Pt. A, §37 (NEW).] Notwithstanding the terms of this subsection, a license issued to a solid waste facility that is not a solid waste landfill may be voluntarily surrendered by the license holder upon department approval. [PL 2015, c. 124, §8 (AMD).]

6-E. Unlicensed wood-waste, construction and demolition debris landfills. An unlicensed municipal solid waste landfill accepting waste consisting exclusively of wood, landscape refuse or construction and demolition debris and operating as of the effective date of this subsection, may: A. Continue to operate until April 9, 1994; and [PL 1993, c. 732, Pt. C, §19 (NEW).] B. Continue to operate until December 31, 1995 if: (1) The landfill was operating as of December 31, 1993; and (2) The landfill is a separate and discrete disposal unit that does not overlie or overlap a municipal solid waste landfill that accepts or has accepted "household waste" as defined in 40 Code of Federal Regulations, Part 288, Section 258.2. [PL 1993, c. 732, Pt. C, §19 (NEW).] Municipalities continuing to operate unlicensed wood-waste, construction and demolition debris landfills under paragraph B shall submit a progress report to the department on or before January 31, 1995. The report must include a description of the alternative handling and disposal method that the town plans to implement prior to December 31, 1995 and an implementation schedule. Notwithstanding this subsection, the commissioner shall order an unlicensed landfill to cease operating if the commissioner finds that continued operation of the landfill poses an immediate hazard to the public health or the environment, including without limitation a threat to a public or private water supply. [PL 1993, c. 732, Pt. C, §19 (NEW).]

6-F. Agreements regarding unlicensed wood-waste, construction and demolition debris landfills operating after December 31, 1995. The commissioner may enter into an agreement with a municipality operating an unlicensed wood-waste, construction and demolition debris landfill as authorized under subsection 6‑E, paragraph B , allowing that municipality to continue operating after December 31, 1995, if: A. The municipality agrees to comply with the applicable operating requirements of rules adopted by the board pertaining to site access, litter control, erosion prevention, side slopes, compaction, cover, open burning and fire protection; [PL 1995, c. 160, §1 (NEW).] B. The municipality is conducting a groundwater quality monitoring program at the landfill as of the effective date of this subsection and agrees to continue the program for the life of the facility, or the municipality implements, as a term of the agreement, a groundwater monitoring program approved by the department; and [PL 1995, c. 160, §1 (NEW).] C. The municipality submits a facility site plan and narrative that indicate current and proposed final landfill grades and describe the general operating plan and proposed landfilling sequence at the site. [PL 1995, c. 160, §1 (NEW).] Agreements entered into pursuant to the provisions of this subsection must be for terms of sufficient duration to allow for the planned use of remaining site capacity and the proper closure of these landfills. The department shall consider the terms of these agreements on a case-specific basis, based upon the information submitted in conformance with paragraph C . Unlicensed wood-waste, construction and demolition debris landfills may not, under the terms of agreements entered into pursuant to this subsection, expand horizontally onto areas where waste has not previously been disposed of, unless the area is licensed under the applicable provisions of this chapter. Notwithstanding this subsection the commissioner shall order an unlicensed landfill to cease operating if the commissioner finds that continued operation of the landfill poses an immediate hazard to the public health or the environment, including, but not limited to, a threat to a public or private water supply. [PL 1995, c. 160, §1 (NEW).]

7. Criminal or civil record. The department may refuse to grant a license under this article if it finds that the applicant or, if the applicant is other than a natural person, any person having legal interest in the applicant has been found guilty of a criminal or civil violation of laws administered by the department or other laws of the State, other states, the United States or another country. [PL 1993, c. 680, Pt. A, §37 (RPR).]

8. Exemption. The disposal of construction and demolition debris, land clearing debris and wood wastes is exempt from the requirements of this chapter when: A. The disposal facility is less than one acre in size; [PL 1993, c. 680, Pt. A, §37 (RPR).] B. The disposal facility is located on the same parcel of property where the waste is generated; and [PL 1993, c. 680, Pt. A, §37 (RPR).] C. Only one exempt disposal facility is located on a single parcel of property, except that additional disposal facilities on the same parcel that are less than one acre in size and that were in existence prior to the effective date of this subsection do not require a license under this chapter if no additional waste is disposed of in those additional facilities after the effective date of this subsection. [PL 1993, c. 680, Pt. A, §37 (RPR).] [PL 1993, c. 680, Pt. A, §37 (RPR).]

9. Host community agreements. The following provisions apply to a solid waste disposal facility, except that this subsection does not apply to a facility owned by the State or to a facility described in section 1303‑C, subsection 6, paragraph E or F . A. The department may not issue a license for a solid waste disposal facility unless a host community agreement is in place as described in this subsection. [PL 2007, c. 406, §2 (AMD).] A-1. A solid waste disposal facility must have in place a host community agreement with all applicable host communities during the development and operation and through closure of that facility, except that a solid waste disposal facility owned by a municipality that meets the provisions of section 1303‑C, subsection 6, paragraph B‑2, subparagraph (1) is not required to have in place a host community agreement with the host community that is the geographic site of the facility. A host community agreement for the purposes of this section must, when applicable, include the provisions set forth in paragraph B , except that a host community agreement in effect prior to September 20, 2007 is not required to include the provisions set forth in paragraph B. [PL 2023, c. 646, Pt. A, §47 (AMD).] B. Based upon the nature, size and projected impacts of the proposed facility, host community agreements must, when applicable, include provisions regarding: (1) Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility and of other infrastructural elements directly affected by the facility; (2) Development and maintenance of adequate local emergency response capacity to accommodate the facility; (3) Financial support for personnel or other means to provide technical assistance to the municipality in interpreting data and to advise the municipality on other technical issues concerning the facility; and (4) Other issues determined on a case-specific basis by the applicant and municipality to be appropriate given the nature of the proposed facility. The department shall adopt rules concerning the expenditure of funds made available to a municipality under the provisions of subparagraph (3) to ensure that funds are used to provide direct technical support to the municipality necessary for the conduct of municipal planning and decision making. [PL 1995, c. 465, Pt. A, §16 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] C. In the event that the parties to a host community agreement required under this subsection cannot agree on the terms of agreement, the parties shall submit the dispute for resolution in accordance with this paragraph. (1) The parties shall submit the dispute for mediation. The commissioner shall present to the parties a list of 5 experienced and qualified mediators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the mediator assigned to mediate the dispute. In assembling the list of proposed mediators, the commissioner may consider the panel of mediators offered by the Court Alternative Dispute Resolution Service created in Title 4, section 18‑B . (2) If mediation fails to result in an agreement between the parties, the parties shall submit the dispute for arbitration. The commissioner shall present to the parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the arbitrator assigned to determine the dispute. In assembling the list of proposed arbitrators, the commissioner may consider the panels of arbitrators offered by the Court Alternative Dispute Resolution Service created in Title 4, section 18‑B or by the American Arbitration Association or a successor organization. (a) Both the facility and the host community are bound by the decision of the arbitrator. (b) Unless otherwise provided for in this subparagraph, the arbitration must be conducted in accordance with the rules of the American Arbitration Association or a successor organization for the conduct of commercial arbitration proceedings. (c) Costs associated with the arbitration must be shared equally between the parties. (d) The arbitrator shall submit the decision to the commissioner. (e) Either party may appeal the decision of the arbitrator to the Superior Court. [RR 2021, c. 2, Pt. A, §132 (COR).] [PL 2023, c. 646, Pt. A, §47 (AMD).]

10. Water supply testing. Upon written request to the department from the owner of property abutting a commercial solid waste disposal facility that accepts special waste for landfilling, the department shall require the facility licensee to have conducted biannual sampling and analysis of a private water supply well used by the requestor for drinking water. This subsection applies only if the requestor owned and resided and the private water supply well existed on that property prior to the time the property became an abutting property. For purposes of this subsection, "abutting" means both contiguous to the property on which the facility is located, including directly across a public or private right-of-way, and within one mile of the location of the facility. A. Sampling and analysis must be conducted by a certified laboratory selected by the property owner in a manner specified by, and that meets criteria developed by, the department. The criteria must allow for split samples to be taken by the laboratory selected by the property owner and by a laboratory selected by the licensee. [PL 1999, c. 691, §1 (NEW).] B. The water supply must be analyzed for all parameters or chemical constituents determined by the department to be appropriate and consistent with department rules regarding solid waste management. The laboratory performing the sampling and analysis shall provide written copies of sample results to the licensee, the landowner and the commissioner. [PL 1999, c. 691, §1 (NEW).] C. If the analysis indicates possible contamination from the facility, the commissioner shall require the licensee to conduct additional sampling and analysis in conformance with department rules regarding solid waste management to determine more precisely the nature, extent and source of contamination. The commissioner shall, if necessary, require this sampling beyond the boundaries of the property abutting the facility. [PL 1999, c. 691, §1 (NEW).] D. If a facility adversely affects a public or private water supply by contamination, pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the licensee shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer. [PL 1999, c. 691, §1 (NEW).] E. The licensee shall provide owners of property abutting the facility with written notice of their rights under this subsection on a form prepared by the commissioner as follows: (1) On or before December 1, 2000, for a commercial solid waste disposal facility that accepts special waste for landfilling licensed under this chapter prior to October 1, 2000; and (2) At or before the time of license issuance for a commercial solid waste disposal facility that accepts special waste for landfilling licensed under this chapter on or after October 1, 2000. [PL 1999, c. 691, §1 (NEW).] This subsection applies to a new, expanded or existing commercial solid waste disposal facility that accepts special waste for landfilling. When licensing any such facility, the department shall incorporate the provisions of this subsection into the license. The provisions of this subsection apply only to a commercial solid waste disposal facility that accepts special waste for landfilling. [PL 1999, c. 691, §1 (NEW).]

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. [PL 2025, c. 172, §3 (NEW).]

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 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. [PL 2025, c. 172, §4 (NEW).] 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. [PL 2025, c. 172, §4 (NEW).] [PL 2025, c. 172, §4 (NEW).]

11. Waste generated within the State. Consistent with the Legislature's findings in section 1302 , a solid waste disposal facility owned by the State may not be licensed to accept waste that is not waste generated within the State. [PL 2019, c. 619, §5 (AMD).]

12. Citizen advisory committee notification. Except for applications for minor alterations, the department may not issue a license or an amendment to a license to a solid waste disposal facility owned by the State unless the provisions of this subsection are satisfied. A. For purposes of this subsection, the following terms have the following meanings. (1) "Appointing authority" means an entity authorized pursuant to law or resolve to appoint a member to a citizen advisory committee. (2) "License" means a license, permit, order or approval issued by the department pursuant to this chapter. (3) "Minor alteration" means an alteration that in the department's judgment does not have a potential to impact the environment or public health or welfare or to create a nuisance. [PL 2011, c. 543, §1 (NEW).] B. The owner or operator of a solid waste disposal facility shall: (1) At least 10 days prior to filing an application for a license or an amendment to a license with the department, send to each member of the relevant citizen advisory committee established pursuant to law or resolve a notice that a copy of the license or amendment application will be sent to each appointing authority in accordance with subparagraph (2) . The notice must be sent by United States Postal Service, certified mail, return receipt requested; and (2) At the time of filing an application for a license or an amendment to a license with the department, send to each municipality and any other appointing authority a copy of the license or amendment application. The copy must be sent by United States Postal Service, certified mail, return receipt requested or by a commercial mail delivery service with a comparable proof of delivery. [PL 2011, c. 543, §1 (NEW).] C. When filing a license or amendment application, the owner or operator of a solid waste disposal facility shall submit to the department a copy of the certified mail receipts or comparable proof of delivery received under paragraph B . [PL 2011, c. 543, §1 (NEW).] The department may not issue a license or an amendment to a license prior to 30 days after the latest date of mailing of an application or notice sent in accordance with paragraph B . [PL 2011, c. 543, §1 (NEW).]
38 M.R.S. § 1304-C — ME Code / Title 38 / Chapter 13 / Section 1304-C
38 §1304-C. Report; material-separated, refuse-derived fuel
Status: in_force

Beginning on January 1, 1992, a municipal solid waste processing facility that produces any material-separated, refuse-derived fuel shall annually report the following information to the department: [PL 1991, c. 220, §11 (NEW).]

1. Total weight. The total weight of municipal solid waste accepted by the facility during the previous 12 months by material category; [PL 1991, c. 220, §11 (NEW).]

2. Recycled weight. The weight of the municipal solid waste recycled by the facility during the previous 12 months by material category; [PL 1991, c. 220, §11 (NEW).]

3. Material-separated, refuse-derived fuel production. The weight of material-separated, refuse-derived fuel produced by the facility during the previous 12 months; and [PL 1991, c. 220, §11 (NEW).]

4. Disposition of remaining waste. The disposition of any remaining waste. [PL 1991, c. 220, §11 (NEW).]
38 M.R.S. § 423-A — ME Code / Title 38 / Chapter 3 / Section 423-A
38 §423-A. Discharge of waste from motor vehicles
Status: in_force

No person, firm, corporation or other legal entity may discharge, spill or permit to be discharged sewage, garbage or other pollutants from motor vehicles or motor vehicle trailers into the inland or coastal waters, or on the ice of the inland or coastal waters, or onto the land in such a manner that the sewage, garbage or other pollutants may fall or be washed into these waters, or in such manner that the drainage from the discharge may flow into these waters. A person who violates the provisions of this section commits a civil violation subject to the provisions of section 349, subsection 2 . [PL 1987, c. 163 (NEW).]
38 M.R.S. § 1319-V — ME Code / Title 38 / Chapter 13 / Section 1319-V
38 §1319-V. Corrective action
Status: in_force

1. Requirement. The facility owner or operator shall undertake corrective action beyond the facility boundary or site to remove the danger to public health or the environment unless the facility owner or operator demonstrates to the satisfaction of the board that the owner or operator is unable to undertake the action and despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action. If the board makes these findings, the facility owner or operator is not relieved of responsibility to clean up a release that has migrated off the facility site. The board shall decide how to proceed on a case-by-case basis. [PL 1989, c. 794, §8 (NEW).]

2. Compliance schedules. If corrective action can not be completed by an applicant prior to issuance of a license pursuant to this subchapter, the license must contain a schedule of compliance for corrective action. [PL 1989, c. 794, §8 (NEW).]
38 M.R.S. § 480-H — ME Code / Title 38 / Chapter 3 / Section 480-H
38 §480-H. Rules; performance and use standards
Status: in_force

In fulfilling its responsibilities to adopt rules pursuant to section 341‑D , the board, to the extent practicable, shall adopt performance and use standards for activities regulated by this article. These standards at a minimum must include: [PL 1995, c. 347, §3 (AMD).]

1. Department of Transportation projects. By February 15, 1991, requirements for projects that are under the direction and supervision of the Department of Transportation that do not affect coastal wetlands or coastal sand dune systems and that involve only maintenance or repair of public transportation facilities or structures or transportation reconstruction or replacement projects. A. The Department of Transportation shall meet the following conditions for any project undertaken pursuant to this subsection after February 15, 1991. (1) All projects must be performed in a manner consistent with this article and in compliance with rules adopted by the board. (2) The project may not unreasonably harm the protected natural resources covered by this article. (3) The Department of Transportation and its contractors shall use erosion control measures to prevent sedimentation of any surface waters. (4) The project may not block any fish passage in any watercourse. (5) The project may not result in any excessive intrusion of the project into the protected natural resources. [PL 1991, c. 66, Pt. A, §16 (RPR).] B. Those activities that are exempt from permitting requirements under section 480‑Q are not subject to this subsection. [PL 1991, c. 66, Pt. A, §16 (RPR).] C. The Department of Transportation must notify the commissioner before construction activities begin if the provisions of this subsection are utilized. [PL 1991, c. 66, Pt. A, §16 (RPR).] [PL 1991, c. 66, Pt. A, §16 (RPR).]
38 M.R.S. § 1392 — ME Code / Title 38 / Chapter 13-D / Section 1392
38 §1392. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 569, §6 (NEW).]

1. Aboveground heating oil supply tank. "Aboveground heating oil supply tank" means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used solely to store heating oil. [PL 2007, c. 569, §6 (NEW).]

2. Aboveground oil storage facility. "Aboveground oil storage facility" has the meaning set out in section 562‑A, subsection 1‑A . [PL 2007, c. 569, §6 (NEW).]

3. Aboveground oil storage tank. "Aboveground oil storage tank" has the meaning set out in section 562‑A, subsection 1‑B . [PL 2007, c. 569, §6 (NEW).]

4. Community drinking water well. "Community drinking water well" means a public drinking water well that supplies a community water system as defined under Title 22, section 2660‑B, subsection 2 . [PL 2007, c. 569, §6 (NEW).]

5. Double-walled tank. "Double-walled tank" means a tank with inner and outer walls separated by an interstitial space that allows detection and containment of leaks. [PL 2007, c. 569, §6 (NEW).]

6. Hazardous waste. "Hazardous waste" means any substance identified as hazardous waste by the board pursuant to section 1319‑O . [PL 2007, c. 569, §6 (NEW).]

7. Oil. "Oil" has the meaning set out in section 562‑A, subsection 15 . "Oil" does not include liquefied natural gas or other liquefied petroleum that is a gas at ambient temperatures. [PL 2007, c. 569, §6 (NEW).]

8. Private drinking water well. "Private drinking water well" means a well that is used to supply water for human consumption and that is not a public drinking water well. [PL 2007, c. 569, §6 (NEW).]

9. Public drinking water well. "Public drinking water well" means a drinking water supply well for a public water system as defined in Title 22, section 2601, subsection 8 . [PL 2007, c. 569, §6 (NEW).]

10. Underground oil storage facility. "Underground oil storage facility" has the meaning set out in section 562‑A, subsection 21 . [PL 2007, c. 569, §6 (NEW).]

11. Wellhead protection zone. "Wellhead protection zone" means: A. In the case of a private drinking water well, the area within 300 feet of the well; and [PL 2007, c. 569, §6 (NEW).] B. In the case of a public drinking water well, the greater of: (1) The area within 1,000 feet of the well; and (2) The source water protection area of the well if mapped by the Department of Health and Human Services as described under Title 30‑A, section 2001, subsection 20‑A . [PL 2007, c. 569, §6 (NEW).] [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 480-Q — ME Code / Title 38 / Chapter 3 / Section 480-Q
38 §480-Q. Activities for which a permit is not required
Status: in_force

A permit is not required for the following activities if the activity takes place solely in the area specified below: [PL 1987, c. 809, §2 (NEW).]

1. Water lines and utility cables. In an area which affects a great pond, the placement of water lines to serve a single-family house or the installation of cables for utilities, such as telephone and power cables, provided that the: A. Excavated trench for access to the water is backfilled and riprapped to prevent erosion; [PL 1987, c. 809, §2 (NEW).] B. Excavated trench on the landward side of the riprapped area is seeded and mulched to prevent erosion; and [PL 1987, c. 809, §2 (NEW).] C. Bureau of Parks and Lands has approved the placement of the cable across the bottom of the great pond to the extent that it has jurisdiction; [PL 1989, c. 878, Pt. A, §110 (AMD); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).] [PL 1989, c. 878, Pt. A, §110 (AMD); PL 1995, c. 502, Pt. E, §30 (AMD); PL 2011, c. 657, Pt. W, §7 (REV); PL 2013, c. 405, Pt. A, §24 (REV).]

2. Maintenance and repair. Maintenance and repair of a structure, other than a crossing, in, on, over or adjacent to a protected natural resource if: A. Erosion control measures are taken to prevent sedimentation of the water; [PL 1995, c. 27, §1 (RPR).] B. [PL 2011, c. 205, §1 (RP).] C. There is no additional intrusion into the protected natural resource; and [PL 1995, c. 27, §1 (RPR).] D. The dimensions of the repaired structure do not exceed the dimensions of the structure as it existed 24 months prior to the repair, or if the structure has been officially included in or is considered by the Maine Historical Preservation Commission eligible for listing in the National Register of Historic Places, the dimensions of the repaired structure do not exceed the dimensions of the historic structure. [PL 1995, c. 27, §1 (RPR).] This subsection does not apply to: the repair of more than 50% of a structure located in a coastal sand dune system; or the repair of more than 50% of any other structure, unless the municipality in which the proposed activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality; [PL 2019, c. 124, §1 (AMD).]

2-A. Existing road culverts. [PL 2011, c. 205, §2 (RP).]

2-B. Floating docks. Replacement of a floating dock with another floating dock if the dimensions of the replacement dock do not exceed those of the dock being replaced and the configuration of the replacement dock is the same as the dock being replaced. In any action brought by the department against a person claiming an exemption under this subsection, the burden is on that person to demonstrate that the replacement dock satisfies the requirements of this subsection; [PL 1993, c. 617, §2 (NEW).]

2-C. Transportation reconstruction or replacement project within a community public water system primary protection area. A transportation reconstruction or replacement project located within a community public water system primary protection area as long as a permit is not required due to the presence of any other type of protected natural resource; [PL 2007, c. 353, §12 (NEW).]

2-D. Existing crossings. A permit is not required for the repair and maintenance of an existing crossing or for the replacement of an existing crossing, including ancillary crossing installation activities such as excavation and filling, in any protected natural resource area, as long as: A. Erosion control measures are taken to prevent sedimentation of the water; [PL 2011, c. 205, §3 (NEW).] B. The crossing does not block passage for fish in the protected natural resource area; and [PL 2011, c. 205, §3 (NEW).] C. For replacement crossings of a river, stream or brook: (1) The replacement crossing is designed, installed and maintained to match the natural stream grade to avoid drops or perching; and (2) As site conditions allow, crossing structures that are not open bottomed are embedded in the stream bottom a minimum of one foot or at least 25% of the culvert or other structure's diameter, whichever is greater, except that a crossing structure does not have to be embedded more than 2 feet. [PL 2011, c. 205, §3 (NEW).] For purposes of this subsection, "repair and maintenance" includes but is not limited to the riprapping of side slopes or culvert ends; removing debris and blockages within the crossing structure and at its inlet and outlet; and installing or replacing culvert ends if less than 50% of the crossing structure is being replaced; [PL 2019, c. 124, §2 (AMD).]

2-E. Nonhydropower dams. Maintenance and repair of an existing nonhydropower dam, as long as: A. A long-term maintenance and repair plan for the dam has been submitted to the department prior to the commencement of any maintenance or repair activities; [PL 2019, c. 124, §3 (NEW).] B. The maintenance and repair activities do not involve more than 50% of the surface area or volume of the dam; [PL 2019, c. 124, §3 (NEW).] C. Erosion control measures are taken to prevent sedimentation of the water on either side of the dam as a result of the maintenance or repair activities; [PL 2019, c. 124, §3 (NEW).] D. Resurfacing of the upstream or downstream vertical faces of the dam, retaining walls or associated structures does not exceed 4 inches in thickness; [PL 2019, c. 124, §3 (NEW).] E. Precast concrete used for the repair or resurfacing of the dam is cured in air for a minimum of 3 weeks and fresh concrete poured in forms on site used for the repair or resurfacing of the dam is cured in air for a minimum of one week prior to use to prevent impacts to fish and other aquatic organisms from high pH levels associated with concrete; [PL 2019, c. 124, §3 (NEW).] F. The maintenance and repair activities do not result in permanent changes to impounded water levels or to downstream flows; [PL 2019, c. 124, §3 (NEW).] G. All necessary approvals from state and federal fisheries agencies for any temporary drawdown of the impounded waters needed to accomplish the maintenance and repair activities have been obtained prior to the commencement of those activities; and [PL 2019, c. 124, §3 (NEW).] H. Removal of accumulated materials from the upstream side of the dam, including natural sediment buildup, vegetative materials and woody debris, is limited to an area within 6 feet of the dam, measured perpendicularly from its upstream face, and is performed by hand only. [PL 2019, c. 124, §3 (NEW).] For the purposes of this subsection, "nonhydropower dam" means a water-impounding structure not used for the generation of hydroelectric power and includes any associated wing walls, abutments, spillways, gates and earthen embankments; [RR 2019, c. 2, Pt. A, §40 (COR).]

2-F. Repair of pier, wharf or dock in, on or over coastal wetland. Repair of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland if: A. Erosion control measures are taken to prevent sedimentation of the water; [PL 2023, c. 531, §3 (NEW).] B. There is no additional intrusion into the coastal wetland; [PL 2023, c. 531, §3 (NEW).] C. Fill is not placed in or adjacent to the coastal wetland; and [PL 2023, c. 531, §3 (NEW).] D. The dimensions of the repaired pier, wharf or dock do not exceed the dimensions of the pier, wharf or dock as it existed 24 months prior to the repair, except that the height of the pier, wharf or dock may be increased by no more than the amount necessary for the bottom of the lowest horizontal structural component of the deck of the pier, wharf or dock to be 4 feet above the base flood elevation. The deck of the pier, wharf or dock may be extended into the upland only as necessary to accommodate any height increase under this paragraph. [PL 2023, c. 531, §3 (NEW).] This subsection does not apply to the repair of more than 50% of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland unless the municipality in which the repair activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality. For the purposes of this subsection, "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action; [PL 2023, c. 531, §3 (NEW).]

3. Peat mining. [PL 1995, c. 700, §1 (RP).]

4. Interstate pipelines. Alteration of freshwater wetlands associated with the construction, operation, maintenance or repair of an interstate pipeline, subject to article 6 , where applicable; [PL 1987, c. 809, §2 (NEW).]

5. Gold panning. Notwithstanding section 480‑C , a permit shall not be required for panning gold, provided that stream banks are not disturbed and no unlicensed discharge is created; [PL 1987, c. 809, §2 (NEW).]

5-A. Motorized recreational gold prospecting. Notwithstanding section 480‑C , a permit is not required for motorized recreational gold prospecting as long as the provisions of this subsection are met. A. A person may perform motorized recreational gold prospecting only from June 15th to September 15th and only with written permission of the relevant landowner. [PL 2013, c. 260, §1 (NEW).] B. A person may not perform motorized recreational gold prospecting that causes an undue adverse effect on natural resources. The area in which the motorized recreational gold prospecting is performed must be kept free of litter, trash and any other materials that may constitute a hazardous or nuisance condition. [PL 2013, c. 260, §1 (NEW).] C. The following provisions limit the use of equipment in motorized recreational gold prospecting. (1) Equipment may not have any fuel, oil or hydraulic leaks or cause any unlicensed discharge. (2) Motorized equipment may not exceed 7 horsepower. (3) The inside diameter of a suction dredge intake nozzle and hose may not exceed 4 inches. (4) The area of a sluice may not exceed 10 square feet. (5) A flume may not be used to transport water outside of a stream channel. [PL 2013, c. 260, §1 (NEW).] D. A person may not use mercury, nitric acid or other chemicals for extraction in motorized recreational gold prospecting. [PL 2013, c. 260, §1 (NEW).] E. A person may not perform motorized recreational gold prospecting in a manner that: (1) Disturbs a stream bank, including but not limited to digging into the bank or dredging or altering water flow within a stream channel in a manner that causes the bank to erode or collapse; (2) Removes or damages vegetation or woody debris such as root wads, stumps or logs within a stream channel, on the bank or on nearby upland, including cutting or abrasion of trees; (3) Diverts, dams or otherwise obstructs a stream; (4) Deposits soil, rocks or any other foreign material from outside of the channel into a stream; or (5) Deposits stream bottom sediments or rocks onto the bank or upland. [PL 2013, c. 260, §1 (NEW).] F. Upon completion of one or more consecutive days of motorized recreational gold prospecting, a person who performed the motorized recreational gold prospecting shall smooth out dredge spoils and refill dredge holes below the normal high-water mark of the stream in order to restore the approximate original contours of the stream bottom and not deflect the current. [PL 2013, c. 260, §1 (NEW).] G. Motorized recreational gold prospecting is prohibited within the following areas: (1) Waters closed to motorized recreational gold prospecting in the unorganized territories identified in rules adopted by the Department of Agriculture, Conservation and Forestry, Maine Land Use Planning Commission; (2) Waters closed to motorized recreational gold prospecting identified in rules adopted by the Department of Environmental Protection; (3) Waters defined as Class AA waters pursuant to section 465 ; and (4) The following areas of critical or high-value brook trout or Atlantic salmon habitat: (a) Bemis Stream and tributaries in Township D and Rangeley Plantation; (b) Bond Brook in the City of Augusta and the Town of Manchester; (c) Bull Branch of Sunday River and tributaries in Grafton Township and Riley Township; (d) Carrabassett River and tributaries in the Town of Carrabassett Valley, Freeman Township, the Town of Kingfield, Mount Abram Township and Salem Township; (e) Cold Stream tributaries, including Tomhegan Stream, in Chase Stream Township, Johnson Mountain Township and West Forks Plantation; (f) Enchanted Stream in Upper Enchanted Township and Lower Enchanted Township; (g) Magalloway River and tributaries, including Little Magalloway River, in Bowmantown Township, Lincoln Plantation, Lynchtown Township, Magalloway Plantation, Oxbow Township, Parkertown Township and Parmachenee Township; (h) Rapid River in the Town of Upton and Township C; (i) Sheepscot River and tributaries, including the West Branch, in the Town of Alna, the Town of China, the Town of Freedom, the Town of Liberty, the Town of Montville, the Town of Palermo, the Town of Somerville, the Town of Whitefield and the Town of Windsor; (j) South Bog Stream in Rangeley Plantation; (k) Spencer Stream and Little Spencer Stream tributaries, including Kibby Stream in Kibby Township, Skinner Township, T.3, R.5 B.K.P. W.K.R., T.4, R.5 B.K.P. W.K.R., King and Bartlett Township and T.5, R.6 B.K.P. W.K.R.; and (l) Togus Stream in the Town of Chelsea and the Town of Randolph. [PL 2013, c. 536, §2 (AMD).] [PL 2013, c. 536, §2 (AMD).]

6. Agricultural activities. Subject to other provisions of this article that govern other protected natural resources, altering a freshwater wetland for the purpose of normal farming activities such as clearing of vegetation for agricultural purposes if the land topography is not altered, plowing, seeding, cultivating, minor drainage and harvesting, construction or maintenance of farm or livestock ponds or irrigation ditches, maintenance of drainage ditches and construction or maintenance of farm roads; [PL 1995, c. 460, §5 (AMD).]

7. Forestry. [PL 1989, c. 838, §5 (RP).]

7-A. Forestry. Forest management activities, including associated road construction or maintenance, in or adjacent to an existing forested wetland or a harvested forested wetland or adjacent to a protected natural resource pursuant to section 480‑C, subsection 1, paragraphs A and B , as long as: A. [PL 2009, c. 537, §3 (RP).] B. The activity meets permit-by-rule standards in rules adopted pursuant to this article for any road crossing of a river, stream or brook or for any soil disturbance adjacent to a protected natural resource pursuant to section 480‑C, subsection 1, paragraphs A and B and the commissioner is notified before the forest management activity commences; [PL 2001, c. 618, §4 (AMD).] C. The protected natural resource is not mapped as a significant wildlife habitat under section 480‑I ; and [PL 2001, c. 618, §4 (AMD).] D. Any road construction is used primarily for forest management activities that do not constitute a change in land use under rules adopted by the Department of Agriculture, Conservation and Forestry, Bureau of Forestry concerning forest regeneration and clear-cutting and is not used primarily to access development, unless the road is removed and the site restored to its prior natural condition. Roads must be the minimum feasible width and total length consistent with forest management activities. This exemption does not apply to roads within a subdivision as defined in Title 30‑A, section 4401, subsection 4 , for the organized portions of the State, or Title 12, section 682, subsection 2‑A , including divisions of land exempted by Title 12, section 682‑B , for portions of the State under the jurisdiction of the Maine Land Use Planning Commission; [PL 2009, c. 537, §4 (AMD); PL 2011, c. 657, Pt. W, §5, 7 (REV); PL 2011, c. 682, §38 (REV); PL 2013, c. 405, Pt. A, §23 (REV).] [PL 2009, c. 537, §§3, 4 (AMD); PL 2011, c. 657, Pt. W, §5, 7 (REV); PL 2011, c. 682, §38 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

8. Hydropower projects. Hydropower projects are exempt from the provisions of this article to the extent provided in section 634. Alteration of a freshwater wetland associated with the operation of a hydropower project, as defined in section 632, is exempt from the provisions of this article, but is subject to chapter 5, subchapter I, article 1, subarticle 1-B, where applicable; [PL 1989, c. 306, §1 (AMD); PL 1989, c. 430, §7 (AMD).]

9. Public works. A permit is not required for emergency repair or normal maintenance and repair of existing public works which affect any protected natural resource. An activity which is exempt under this subsection shall employ erosion control measures to prevent sedimentation of any surface water, shall not block fish passage in any water course and shall not result in any additional intrusion of the public works into the protected natural resource. This exemption does not apply to any activity on an outstanding river segment as listed in section 480‑P ; [PL 1989, c. 878, Pt. A, §111 (AMD).]

9-A. Community public water systems. Community public water systems are exempt from the provisions of this article for activities within their community public water system primary protection areas as long as the activities are conducted in a manner that protects the quality and quantity of water available for the system; [PL 2007, c. 353, §13 (NEW).]

10. Aquaculture. Aquaculture activities regulated by the Department of Marine Resources under Title 12, section 6072 , 6072‑A , 6072‑B or 6072‑C . Ancillary activities, including, but not limited to, building or altering docks or filling of wetlands, are not exempt from the provisions of this article; [PL 2007, c. 292, §26 (AMD).]

11. Soil evaluation. Borings taken to evaluate soil conditions in or adjacent to a great pond, river, stream or brook, coastal wetland, freshwater wetland or sand dune are exempt from the provisions of this article provided that no area of wetland vegetation is destroyed or permanently removed; [PL 1993, c. 187, §2 (AMD); PL 1993, c. 215, §1 (AMD); PL 1993, c. 296, §4 (AMD).]

12. Existing access ways. Normal maintenance and repair or reconstruction of existing access ways in freshwater or coastal wetlands to residential dwellings as long as: A. The applicant shows evidence that the access way in disrepair is the existing route of access to the residential dwelling; [PL 1991, c. 240, §3 (NEW).] B. Erosion control measures are used; [PL 1991, c. 240, §3 (NEW).] C. Intrusion of the access way into the freshwater or coastal wetland is minimized and allows for proper drainage where necessary; [PL 1991, c. 240, §3 (NEW).] D. The access way, if in a coastal wetland, is traditionally dry at mean high tide; and [PL 1991, c. 240, §3 (NEW).] E. A notice of intent to maintain, repair or reconstruct the access way and the description of the work to be completed are submitted to the commissioner and to the municipal reviewing authority at least 20 days before the work is performed; and [PL 1993, c. 187, §3 (AMD); PL 1993, c. 215, §2 (AMD); PL 1993, c. 296, §5 (AMD).] [PL 1993, c. 187, §3 (AMD); PL 1993, c. 215, §2 (AMD); PL 1993, c. 296, §5 (AMD).]

13. Moorings. The placement of a mooring in any area regulated by this article. [PL 1993, c. 187, §4 (NEW).]

14. Lawful harvesting of marine organisms or vegetation in coastal wetlands. A person lawfully engaged in the harvesting of marine organisms or vegetation under the provisions of Title 12, chapter 605 is not required to obtain a permit to engage in those activities in a coastal wetland or a coastal wetland containing a high or moderate value waterfowl or wading bird habitat or shorebird feeding or staging area. Within a coastal wetland or a coastal wetland containing a high or moderate value waterfowl or wading bird habitat or shorebird feeding or staging area, the removal of vegetation or displacement of soil associated with or authorized by those lawful activities is not a violation of this article; and [PL 2007, c. 290, §5 (AMD).]

15. Subsurface wastewater disposal systems. [PL 1993, c. 721, Pt. F, §2 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]

15-A. Subsurface wastewater disposal systems. Installation, removal or repair of a subsurface wastewater disposal system, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Health and Human Services under Title 22, section 42, subsection 3 . This subsection takes effect on March 1, 1995. [PL 1993, c. 721, Pt. F, §3 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).]

16. Alterations in back dunes of coastal sand dune systems. [PL 1993, c. 521, §1 (AMD); MRSA T. 38 §480-Q, sub-§16 (RP).]

17. Minor alterations in freshwater wetlands. Activities that alter less than 4,300 square feet of freshwater wetlands, as long as: A. The activity does not occur in, on or over another protected natural resource; [PL 1995, c. 575, §1 (NEW).] B. A 25-foot setback from other protected natural resources is maintained and erosion control measures are used; [PL 1995, c. 575, §1 (NEW).] C. The activity is not located in a shoreland zone regulated by a municipality pursuant to chapter 3, subchapter I, article 2‑B or in the wetland or water body protected by the shoreland zone; [PL 1995, c. 575, §1 (NEW).] D. The activity does not occur in a wetland normally consisting of or containing at least 20,000 square feet of open water, aquatic vegetation or emergent marsh vegetation, except for artificial ponds or impoundments; [PL 1995, c. 575, §1 (NEW).] E. The activity does not take place in a wetland containing or consisting of peat land dominated by shrubs, sedges and sphagnum moss; [PL 2005, c. 116, §3 (AMD).] F. The entire activity constitutes a single, complete project; and [PL 2005, c. 116, §3 (AMD).] G. The activity does not occur in a significant wildlife habitat. [PL 2005, c. 116, §4 (NEW).] An activity does not qualify for exemption under this subsection if that activity is part of a larger project, including a multiphase development, that does not qualify as a whole project. Activities authorized or legally conducted prior to September 29, 1995 may not be considered in calculating the size of the alteration. [PL 2005, c. 116, §§3, 4 (AMD).]

18. Service drops for telephone or electrical service. Vegetative clearing of a freshwater wetland for the installation of telephone or electrical service, if: A. The line extension does not cross or run beneath a coastal wetland, river, stream or brook; [PL 1995, c. 460, §6 (NEW); PL 1995, c. 460, §12 (AFF).] B. The placement of wires or installation of utility poles is located entirely upon the premises of the customer requesting service, upon a roadway right-of-way or, in the case of telephone service, on existing utility poles; and [PL 1995, c. 460, §6 (NEW); PL 1995, c. 460, §12 (AFF).] C. The total length of the extension is less than 1,000 feet. [PL 1995, c. 460, §6 (NEW); PL 1995, c. 460, §12 (AFF).] [PL 1995, c. 460, §6 (NEW); PL 1995, c. 460, §12 (AFF).]

19. Displacement or bulldozing of sediment within a lobster pound. Displacement or bulldozing of sediment within a lobster pound, provided the sediment is not removed from the area inundated as a result of the impoundment. [RR 1995, c. 1, §31 (RNU).]

20. Constructed ponds. Alteration of legally created constructed ponds that are not considered part of a great pond, coastal wetland, river, stream or brook, as long as the constructed pond is not expanded beyond its original size. [PL 1995, c. 575, §2 (NEW).]

21. Removal of beaver dams. Removal of a beaver dam as authorized by a game warden, as long as: A. Efforts are made to minimize erosion of soil and fill material from disturbed areas into a protected natural resource; [PL 1999, c. 148, §1 (NEW).] B. Efforts are made to minimize alteration of undisturbed portions of a wetland or water body; and [PL 1999, c. 148, §1 (NEW).] C. Wheeled or tracked equipment is operated in the water only for the purpose of crossing a water body to facilitate removal of the beaver dam. Where practicable, wheeled or tracked equipment may cross a water body only on a rock, gravel or ledge bottom. [PL 1999, c. 148, §1 (NEW).] This exemption includes the draining of a freshwater wetland resulting from removal of a beaver dam. It does not include removal of a beaver house. [PL 1999, c. 148, §1 (NEW).]

22. Archaeological excavation. Archaeological excavation adjacent to a great pond, freshwater wetland, coastal wetland, sand dune system, river, stream or brook as long as the excavation is conducted by an archaeologist listed on the Maine Historic Preservation Commission level 1 or level 2 approved list and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures. [PL 2001, c. 207, §2 (NEW).]

23. Cutting or clearing subject to mandatory shoreland zoning laws. Cutting or clearing of upland vegetation adjacent to those protected natural resources listed in section 480‑C, subsection 1, paragraph A or B for a purpose other than forest management as long as: A. The cutting or clearing is subject to the jurisdiction of a municipality pursuant to chapter 3, subchapter 1, article 2‑B ; or [PL 2003, c. 637, §1 (AMD).] B. If the cutting or clearing is not subject to the jurisdiction of a municipality pursuant to chapter 3, subchapter 1, article 2‑B , vegetation within the adjacent area is maintained as follows: (1) There is no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown, except that a footpath may be established for the purpose of access to water if it does not exceed 6 feet in width as measured between tree trunks and has at least one bend in its path to divert channelized runoff; (2) Any selective cutting of trees within the buffer strip leaves a well-distributed stand of trees and other natural vegetation. (a) For the purposes of this subparagraph, a "well-distributed stand of trees" is defined as maintaining a rating score of 16 or more points in a 25-foot by 50-foot rectangular area as determined by the following rating system. (i) A tree with a diameter at 4 1/2 feet above ground level of 2.0 to less than 4.0 inches has a point value of one. (ii) A tree with a diameter at 4 1/2 feet above ground level of 4.0 inches to less than 8.0 inches has a point value of 2. (iii) A tree with a diameter at 4 1/2 feet above ground level of 8.0 inches to less than 12.0 inches has a point value of 4. (iv) A tree with a diameter at 4 1/2 feet above ground level of 12.0 or more inches has a point value of 8. (b) In applying this point system: (i) The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer; (ii) Each successive plot must be adjacent to, but may not overlap, a previous plot; (iii) Any plot not containing the required points may have no vegetation removed except as otherwise allowed by this subsection; (iv) Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this subsection; and (v) Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter. (c) For the purposes of this subparagraph, "other natural vegetation" is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 5 saplings less than 2 inches in diameter at 4 1/2 feet above ground level for each 25-foot by 50-foot rectangular area. If 5 saplings do not exist, the landowner or lessee may not remove any woody stems less than 2 inches in diameter until 5 saplings have been recruited into the plot; (3) In addition to the requirements of subparagraph (2), no more than 40% of the total volume of trees 4.5 inches or more in diameter, measured 4 1/2 feet above ground level, is selectively cut in any 10-year period; (5) Tree branches are not pruned except on the bottom 1/3 of the tree as long as tree vitality will not be adversely affected; and (6) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings in excess of 250 square feet, these openings are replanted with native tree species unless there is existing new tree growth. [PL 2007, c. 292, §27 (AMD).] Cleared openings legally in existence on September 1, 2002 may be maintained but may not be enlarged. This subsection applies to an area with vegetation composed primarily of shrubs, trees or other woody vegetation without regard to whether the area was previously cut or cleared; [PL 2007, c. 292, §27 (AMD).]

24. Existing lawns and gardens. Maintenance, but not enlargement, of lawns and gardens in existence on September 1, 2002 that are adjacent to a river, stream or brook not regulated by a municipality under chapter 3, subchapter 1, article 2‑B ; [PL 2005, c. 330, §15 (AMD).]

25. Existing agricultural fields and pastures. Maintenance, but not enlargement, of agricultural fields and pastures in existence on September 1, 2002 that are adjacent to a river, stream or brook not regulated by a municipality under chapter 3, subchapter 1, article 2‑B ; [PL 2009, c. 75, §1 (AMD).]

26. Overboard wastewater system. Installation, maintenance or removal of a licensed overboard discharge treatment system, including the outfall pipe, if: A. Erosion control measures are taken to prevent sedimentation of the water; [PL 2005, c. 330, §16 (NEW).] B. Effects of construction activity on the protected natural resource are minimized; and [PL 2005, c. 330, §16 (NEW).] C. The activity is approved by the department as provided in the department's rules concerning overboard discharges adopted pursuant to section 414‑A ; [PL 2009, c. 75, §2 (AMD).] [PL 2009, c. 75, §2 (AMD).]

27. Fishways. Erection, maintenance, repair or alteration of a fishway in a dam or other artificial obstruction when required by the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources pursuant to Title 12, section 12760 or by the Commissioner of Marine Resources pursuant to Title 12, section 6121 ; [PL 2011, c. 612, §3 (AMD).]

28. Release of water from dam after petition by owner for release from dam ownership or water level maintenance. Activity associated with the release of water from a dam pursuant to an order issued by the department pursuant to section 905 ; [PL 2011, c. 12, §1 (AMD); PL 2011, c. 64, §3 (AMD).]

29. Dam safety order. Activity associated with the breach or removal of a dam pursuant to an order issued by the Commissioner of Defense, Veterans and Emergency Management under Title 37‑B, chapter 24 ; [RR 2011, c. 1, §59 (COR).]

30. Lobster trap storage. The storage of lobster traps and related trap lines, buoys and bait bags on docks in, on, over or adjacent to a coastal wetland. For purposes of this subsection, "dock" means a dock, wharf, pier, quay or similar structure built in part on the shore and projected into a harbor and used as a landing, docking, loading or unloading area for watercraft; [PL 2023, c. 531, §4 (AMD).] Revisor's Note: Subsection 30 as enacted by PL 2011, c. 64, §5 is REALLOCATED TO TITLE 38, SECTION 480-Q, SUBSECTION 31

31. (REALLOCATED FROM T. 38, §480-Q, sub-§30) Minor expansions of structures in a coastal sand dune system. [PL 2021, c. 186, §6 (RP).]

32. Placement of wood in streams. The placement of wood in stream channels to enhance cold water fisheries habitat in accordance with Title 12, section 8867‑C and rules adopted to implement that section; [PL 2023, c. 531, §5 (AMD).]

33. Emergency flood alleviation. An emergency activity conducted or overseen by the State or a local government in, on, over or adjacent to a river, stream or brook when the emergency activity is necessary to alleviate an immediate threat to public health or safety caused by a flood event occurring at the time the emergency activity is conducted, as long as any alteration to the river, stream or brook necessary to conduct the emergency activity is restored following the flood event to the conditions that existed prior to the flood event to the greatest extent practicable, as determined by the department. A local government conducting or overseeing an emergency activity pursuant to this subsection shall notify the department prior to its conducting or overseeing the emergency activity and shall maintain communication with the department for the duration of the emergency activity as directed by the department; and [PL 2023, c. 531, §6 (NEW).]

34. Elevating building foundation. Elevation of a building foundation if: A. The building is located: (1) On a pier, wharf or dock wholly or partially in, on or over a coastal wetland; (2) Adjacent to a protected natural resource; or (3) Wholly or partially in a coastal sand dune system; [PL 2023, c. 531, §7 (NEW).] B. Erosion control measures are taken to prevent sedimentation of the water during and resulting from the elevation of the foundation; [PL 2023, c. 531, §7 (NEW).] C. The amount of fill used to support the elevated building is limited to the minimum amount necessary to maintain the integrity of the building and fill is not placed in a protected natural resource except as necessary in a coastal sand dune system to support the elevation of a building foundation in accordance with paragraph F ; [PL 2023, c. 531, §7 (NEW).] D. The building remains entirely within the building footprint existing immediately prior to the elevation; [PL 2023, c. 531, §7 (NEW).] E. The building height after being elevated conforms to the requirements of section 439‑A, subsection 4 and the standards contained in the relevant municipal shoreland zoning ordinances adopted pursuant to article 2‑B ; and [PL 2023, c. 531, §7 (NEW).] F. When the building is in a coastal sand dune system, the foundation after being elevated consists of a post or piling foundation that allows for the free movement of water, wind and sand and the building does not exceed 35 feet in height after being elevated. The post or piling foundation may be enclosed with latticework or other similar material through which water, wind and sand can easily move. [PL 2023, c. 531, §7 (NEW).] The elevation of a building foundation authorized pursuant to this subsection may include the construction of reasonable access to the elevated building, such as steps or a ramp. For the purposes of this subsection, "pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action. [PL 2023, c. 531, §7 (NEW).]
38 M.R.S. § 1319-I — ME Code / Title 38 / Chapter 13 / Section 1319-I
38 §1319-I. Fees
Status: in_force

1. Fees for actions taken on the site of generation. Any person in the State who generates more than 1,000 kilograms of hazardous waste in any calendar month shall pay a fee as follows: A. For hazardous waste that is disposed of on the site of generation in a licensed hazardous waste disposal facility, 3¢ a pound; and [PL 2005, c. 549, §1 (AMD).] B. For hazardous waste which is stored on the site of generation in a licensed hazardous waste storage facility for more than 90 days, but less than 6 calendar months, and for each time period thereafter or 6 calendar months or portion thereof, .5¢ a pound. [PL 1987, c. 491, §25 (RPR).] [PL 2005, c. 549, §1 (AMD).]

2. Fees for action taken off site of generation. Any person who transports hazardous waste in the State shall pay a fee as follows: A. For hazardous waste that is transported off the site to a licensed hazardous waste disposal facility for disposal, 3¢ a pound; and [PL 2005, c. 549, §2 (AMD).] B. For hazardous waste that is transported off the site to a licensed hazardous waste treatment facility for treatment, storage facility for storage or other licensed facility for handling, including beneficial reuse, reclamation or recycling, 3¢ a pound. [PL 2005, c. 549, §3 (AMD).] C. [PL 1987, c. 491, §25 (RP).] D. [PL 1987, c. 491, §25 (RP).] Fees required under this subsection for hazardous waste that is transported off a federally declared Superfund site that was added to the national priorities list by the United States Environmental Protection Agency pursuant to 40 Code of Federal Regulations, Part 300 on or before January 1, 1997 may not exceed $200,000 per site in any calendar year. [PL 2005, c. 549, §§2, 3 (AMD).]

2-A. Fees for noncompliance with reduction requirements. [PL 2009, c. 579, Pt. B, §11 (RP); PL 2009, c. 579, Pt. B, §13 (AFF).]

3. Fee for transportation into Maine from out of state. If hazardous waste or waste oil is transported into Maine from out of state, the person who first transports the hazardous waste or waste oil into Maine shall pay the fee indicated by the schedules outlined in subsection 2 for hazardous waste or subsection 4‑A for waste oil. [PL 2021, c. 186, §11 (AMD).]

4. Fee for failure to treat or dispose of hazardous waste within 90 days from arrival. Any person who owns or operates a hazardous waste treatment or disposal facility and who does not treat or dispose of the hazardous waste within 90 days from the date the hazardous waste arrives at the hazardous waste facility shall pay a fee according to the fee schedule in subsections 1 and 2 . [PL 1987, c. 491, §25 (RPR).]

4-A. Fee on waste oil sale or disposal. A fee of 2¢ a gallon on each gallon of waste oil transported, collected or stored must be paid by the waste oil handler or transporter that first transports, collects or stores that waste oil. A waste oil handler and transporter shall maintain records sufficient to determine whether the handler or transporter is liable for any and all fees imposed pursuant to this subsection and shall submit such records to the commissioner as required by rule of the board. [PL 2021, c. 186, §12 (AMD).]

4-B. Fee on hazardous materials transported by railroad. Any person who transports more than 25 tons of certain hazardous materials as specified in this subsection at any one time by rail shall register annually with the commissioner. Fees for the transportation of hazardous materials by rail are imposed on the registrant who first transports the materials in the State by rail. Fees for the transportation of hazardous materials are determined by one of the following methods: A. Fifteen cents per ton of hazardous materials transported by the registrant during the period of registration paid quarterly by the registrant on the basis of records certified to the commissioner; or [RR 2015, c. 2, §29 (COR).] B. Twenty-five thousand dollars paid at the time of registration. [RR 2015, c. 2, §29 (COR).] The registrant shall select the method of payment at the time of registration. Fees are paid to the department and upon receipt credited to the Maine Hazardous Waste Fund. A registrant selecting quarterly payments is automatically subject to the $25,000 annual registration fee if the fee for any quarter has not been paid to the Maine Hazardous Waste Fund within 60 days after the fee becomes due. Hazardous materials subject to the requirements of this subsection are those substances listed in 49 Code of Federal Regulations, Part 172.101, Subpart B, 1994, except that, for purposes of this subsection, "hazardous materials" does not include oil as defined in section 542, subsection 6 . The registrant shall make available to the commissioner and the commissioner's authorized representatives all documents relating to the hazardous materials transported by the registrant during the period of registration. [RR 2015, c. 2, §29 (COR).]

5. Time of payment of fees. Fees required by this section shall be paid according to time schedules established by the commissioner, but not more frequently than quarterly. [PL 1981, c. 478, §7 (NEW).]

6. Penalty for late payment of fee. In addition to any other liability or penalty imposed by law, any person liable for any fee imposed by this section shall pay 3 times the appropriate fee if the fee has not been paid to the Maine Hazardous Waste Fund within 6 months after the fee becomes due. [PL 1981, c. 478, §7 (NEW).]

7. Fees reduced when fund reaches limit. [PL 1987, c. 750, §6 (RP).]

8. Limit on fees. No person may be required to pay, for any calendar year, more than $15,000 in fees under subsection 1 . [PL 1987, c. 491, §25 (RPR).]

9. Hazardous waste subject to fees. No hazardous waste may be subject to the fees established in this section unless the waste is identified under section 1319‑O, subsection 1 , provided that waste identified under section 1319‑O, subsection 1, paragraph B , shall not be subject to the fees until 90 days after the next regular session of the Legislature. [PL 1987, c. 517, §27 (AMD).]

10. Sunset on certain fees. [PL 1983, c. 342, §11 (RP); PL 1983, c. 432, §9 (RP).]

11. Waiver. The commissioner may waive payment of fees under this section if the commissioner finds the amount involved is too small in relation to the cost of collection. [PL 2001, c. 626, §19 (NEW).]
38 M.R.S. § 482 — ME Code / Title 38 / Chapter 3 / Section 482
38 §482. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 700, §2 (AMD).]

1. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §85 (RP).]

1-A. Borrow pit. "Borrow pit" means a mining operation undertaken primarily to extract and remove sand, fill or gravel. "Borrow pit" does not include any mining operation undertaken primarily to extract or remove rock or clay. [PL 1993, c. 350, §2 (NEW).]

2. Development of state or regional significance that may substantially affect the environment. "Development of state or regional significance that may substantially affect the environment," in this article also called "development," means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that: A. Occupies a land or water area in excess of 20 acres; [PL 1997, c. 502, §5 (RPR).] B. Is an oil or gas exploration or production activity that includes drilling or excavation under water; [PL 2011, c. 653, §16 (AMD); PL 2011, c. 653, §33 (AFF).] C. Is a structure as defined in this section; [PL 1997, c. 502, §5 (RPR).] D. Is a subdivision as defined in this section; [PL 2009, c. 615, Pt. E, §13 (AMD).] E. [PL 1999, c. 468, §7 (RP).] F. Is an oil terminal facility as defined in this section; [PL 2023, c. 481, §12 (AMD).] F. [PL 1993, c. 680, Pt. C, §7 (RP).] G. [PL 1993, c. 680, Pt. C, §7 (RP).] H. [PL 1993, c. 680, Pt. C, §7 (RP).] I. [PL 1997, c. 502, §5 (RP).] J. Is an offshore wind power project with an aggregate generating capacity of 3 megawatts or more; or [PL 2023, c. 481, §13 (AMD).] K. Is an offshore wind terminal as defined in Title 35‑A, section 3410, subsection 1, paragraph D . [PL 2023, c. 481, §14 (NEW).] [PL 2023, c. 481, §§12-14 (AMD).]

2-A. Exploration. [PL 1993, c. 383, §4 (RP); PL 1993, c. 383, §42 (AFF).]

2-B. Metallic mineral mining or advanced exploration activity. [PL 2011, c. 653, §17 (RP); PL 2011, c. 653, §33 (AFF).]

2-C. Hazardous activity. [PL 1993, c. 383, §6 (RP); PL 1993, c. 383, §42 (AFF).]

2-D. Multi-unit housing. [PL 1993, c. 383, §7 (RP); PL 1993, c. 383, §42 (AFF).]

2-E. Coastal wetlands. "Coastal wetlands" has the same meaning as in section 480‑B, subsection 2 . [PL 1993, c. 383, §8 (AMD); PL 1993, c. 383, §42 (AFF).]

2-F. Freshwater wetlands. "Freshwater wetlands" has the same meaning as in section 480‑B, subsection 4 . A. [PL 1993, c. 383, §9 (RP); PL 1993, c. 383, §42 (AFF).] B. [PL 1993, c. 383, §9 (RP); PL 1993, c. 383, §42 (AFF).] C. [PL 1993, c. 383, §9 (RP); PL 1993, c. 383, §42 (AFF).] [PL 1993, c. 383, §9 (AMD); PL 1993, c. 383, §42 (AFF).]

3. Natural environment of a locality. [PL 1993, c. 383, §10 (RP); PL 1993, c. 383, §42 (AFF).]

3-A. Overburden. "Overburden" means earth and other materials naturally lying over the product to be mined. [PL 1979, c. 466, §13 (NEW).]

3-B. Normal high-water line. "Normal high-water line" has the same meaning as in section 480‑B, subsection 6 . [PL 1993, c. 383, §11 (AMD); PL 1993, c. 383, §42 (AFF).]

3-C. Passenger car equivalents at peak hour. [PL 1999, c. 468, §8 (RP).]

3-D. Oil terminal facility. "Oil terminal facility" means a facility and related appurtenances located in, on, over or under the surface of any land or water that is used or capable of being used to transfer, process, refine or store oil as defined in section 542, subsection 6 . "Oil terminal facility" does not include: A. A facility used or capable of being used to store less than 1,500 barrels or 63,000 gallons of oil; [PL 1997, c. 502, §6 (NEW).] B. A facility not engaged in the transfer of oil to or from the waters of the State; or [PL 1997, c. 502, §6 (NEW).] C. A facility consisting only of a vessel or vessels as defined in section 542, subsection 11 . [PL 1997, c. 502, §6 (NEW).] [PL 1997, c. 502, §6 (NEW).]

4. Person. "Person" means any person, firm, association, partnership, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity. [PL 1993, c. 383, §12 (AMD); PL 1993, c. 383, §42 (AFF).]

4-A. Product. [PL 1995, c. 700, §5 (RP).]

4-B. Reclamation. "Reclamation" means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety. [PL 1993, c. 383, §13 (AMD); PL 1993, c. 383, §42 (AFF).]

4-C. Primary sand and gravel recharge areas. [PL 1993, c. 383, §14 (RP); PL 1993, c. 383, §42 (AFF).]

4-D. Significant ground water aquifer. "Significant ground water aquifer" means a porous formation of ice-contact and glacial outwash sand and gravel or fractured bedrock that contains significant recoverable quantities of water which is likely to provide drinking water supplies. [PL 1987, c. 812, §§5, 18 (AMD).]

4-E. River, stream or brook. "River, stream or brook" has the same meaning as in section 480‑B, subsection 9 . [PL 1993, c. 383, §15 (AMD); PL 1993, c. 383, §42 (AFF).]

4-F. Shoreland zone. "Shoreland zone" has the same meaning as "shoreland areas" in section 435 . Terms used within this definition have the same meanings as in section 436‑A . [PL 1993, c. 383, §16 (AMD); PL 1993, c. 383, §42 (AFF).]

5. Subdivision. A "subdivision" is the division of a parcel of land into 5 or more lots to be offered for sale or lease to the general public during any 5-year period, if the aggregate land area includes more than 20 acres; except that when all lots are for single-family, detached, residential housing, common areas or open space a "subdivision" is the division of a parcel of land into 15 or more lots to be offered for sale or lease to the general public within any 5-year period, if the aggregate land area includes more than 30 acres. The aggregate land area includes lots to be offered together with the roads, common areas, easement areas and all portions of the parcel of land in which rights or interests, whether express or implied, are to be offered. This definition of "subdivision" is subject to the following exceptions: A. [PL 1989, c. 769, §2 (RP).] B. [PL 1989, c. 769, §3 (RP).] C. Lots of 40 or more acres but not more than 500 acres may not be counted as lots except where: (1) The proposed subdivision is located wholly or partly within the shoreland zone; [PL 1993, c. 680, Pt. A, §35 (RPR).] C-1. Lots of more than 500 acres in size may not be counted as lots; [PL 1993, c. 680, Pt. A, §35 (RPR).] D. Five years after a subdivider establishes a single-family residence for that subdivider's own use on a parcel and actually uses all or part of the parcel for that purpose during that period, a lot containing that residence may not be counted as a lot; [PL 1993, c. 680, Pt. A, §35 (RPR).] E. Unless intended to circumvent this article, the following transactions may not be considered lots offered for sale or lease to the general public: (1) Sale or lease of lots to an abutting owner or to a spouse, child, parent, grandparent or sibling of the developer if those lots are not further divided or transferred to a person not so related to the developer within a 5-year period, except as provided in this subsection; (2) Personal, nonprofit transactions, such as the transfer of lots by gift, if those lots are not further divided or transferred within a 5-year period or the transfer of lots by devise or inheritance; or (3) Grant of a bona fide security interest in the whole lot or subsequent transfer of the whole lot by the original holder of the bona fide security interest or that person's successor in interest; [PL 1995, c. 493, §5 (AMD).] F. In those subdivisions that would otherwise not require site location approval, unless intended to circumvent this article, the following transactions may not, except as provided, be considered lots offered for sale or lease to the general public: (1) Sale or lease of common lots created with a conservation easement as defined in Title 33, section 476 , provided that the department is made a party; and [PL 1993, c. 680, Pt. A, §35 (RPR).] G. [PL 1987, c. 864, §1 (RP).] G-1. [PL 1987, c. 864, §2 (RP).] H. The transfer of contiguous land by a permit holder to the owner of a lot within a permitted subdivision is exempt from review under this article, provided that the land was not owned by the permit holder at the time the department approved the subdivision. Further division of the transferred land must be reviewed under this article. [PL 1993, c. 680, Pt. A, §35 (RPR).] The exception described in paragraph F does not apply, and the subdivision requires site location approval, whenever the use of a lot described in paragraph F changes or the lot is offered for sale or lease to the general public without the limitations set forth in paragraph F . For the purposes of this subsection only, a parcel of land is defined as all contiguous land in the same ownership provided that lands located on opposite sides of a public or private road are considered each a separate parcel of land unless that road was established by the owner of land on both sides of the road subsequent to January 1, 1970. A lot to be offered for sale or lease to the general public is counted, for purposes of determining jurisdiction, from the time a municipal subdivision plan showing that lot is recorded or the lot is sold or leased, whichever occurs first, until 5 years after that recording, sale or lease. [PL 1997, c. 603, §2 (AMD).]

6. Structure. A "structure" means: A. [PL 1993, c. 383, §18 (RP); PL 1993, c. 383, §42 (AFF).] B. Buildings, parking lots, roads, paved areas, wharves or areas to be stripped or graded and not to be revegetated that cause a total project to occupy a ground area in excess of 3 acres. Stripped or graded areas that are not revegetated within a calendar year are included in calculating the 3-acre threshold. [PL 1993, c. 383, §18 (AMD); PL 1993, c. 383, §42 (AFF).] [PL 1993, c. 383, §18 (AMD); PL 1993, c. 383, §42 (AFF).]

7. Storage facility. [PL 1995, c. 704, Pt. A, §6 (RP); PL 1995, c. 704, Pt. C, §2 (AFF).]

8. Offshore wind power project. "Offshore wind power project" means a project that uses a windmill or wind turbine to convert wind energy to electrical energy and is located in whole or in part within coastal wetlands as defined in section 480‑B, subsection 2 . "Offshore wind power project" includes both generating facilities as defined by Title 35‑A, section 3451, subsection 5 and associated facilities as defined by Title 35‑A, section 3451, subsection 1 , without regard to whether the electrical energy is for sale or use by a person other than the generator. [PL 2009, c. 615, Pt. E, §16 (NEW).]
38 M.R.S. § 957-C — ME Code / Title 38 / Chapter 6 / Section 957-C
38 §957-C. General Development District
Status: in_force

1. Areas to be included. The General Development District shall include those areas within the corridor which exhibit a clearly defined pattern of intensive residential, commercial or industrial development and such reserve growth areas as may be deemed necessary by the commission after considering whether or not: A. There is suitable area outside the corridor which could adequately accommodate the anticipated growth of the area of intensive development; [PL 1979, c. 459, §1 (NEW).] B. The growth of the area of intensive development within the corridor is both necessary and desirable; [PL 1979, c. 459, §1 (NEW).] C. The reserve growth area qualifies for inclusion in the Resource Protection District; [PL 1979, c. 459, §1 (NEW).] D. The reserve growth area is suitable for the uses permitted within this district; [PL 1979, c. 459, §1 (NEW).] E. The uses permitted in this district within the reserve growth area would result in water quality degradation; and [PL 1979, c. 459, §1 (NEW).] F. The uses permitted in this district within the reserve growth area would unreasonably interfere with the fish or wildlife habitat or educational, scenic, scientific, historic or archaeological values of those areas eligible for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

2. Uses for which no permit from the commission is required. Uses and accessory structures within the General Development District for which no permit from the commission is required include: A. Uses for which no permit from the commission is required within the Resource Protection District; and [PL 1995, c. 171, §8 (AMD).] B. [PL 1995, c. 171, §8 (RP).] C. [PL 1995, c. 171, §8 (RP).] D. Home occupations or enterprises. [PL 1995, c. 171, §8 (AMD).] E. [PL 1995, c. 171, §8 (RP).] F. [PL 1995, c. 171, §8 (RP).] G. [PL 1995, c. 171, §8 (RP).] H. [PL 1995, c. 171, §8 (RP).] I. [PL 1995, c. 171, §8 (RP).] J. [PL 1995, c. 171, §8 (RP).] K. [PL 1995, c. 171, §8 (RP).] L. [PL 1995, c. 171, §8 (RP).] M. [PL 1995, c. 171, §8 (RP).] N. [PL 1995, c. 171, §8 (RP).] O. [PL 1995, c. 171, §8 (RP).] P. [PL 1995, c. 171, §8 (RP).] [PL 1995, c. 171, §8 (AMD).]

3. Uses allowed by permit. Uses allowed within the General Development District by permit only include: A. Manufacturing and industrial uses; [PL 1979, c. 459, §1 (NEW).] B. Sand, gravel and topsoil (loam) excavations; [PL 1979, c. 459, §1 (NEW).] C. Dredging, filling or other alteration of wetlands; [PL 1979, c. 459, §1 (NEW).] D. Any fill or deposit of material in excess of 100 cubic yards; [PL 1979, c. 459, §1 (NEW).] E. Oil or petroleum storage facilities; [PL 1979, c. 459, §1 (NEW).] F. Processing plants; [PL 1995, c. 171, §8 (AMD).] G. Airports; [PL 1995, c. 171, §8 (AMD).] H. Roads; [PL 1995, c. 171, §8 (NEW).] I. Single-family residences; [PL 1995, c. 171, §8 (NEW).] J. Multi-unit residential dwellings; [PL 1995, c. 171, §8 (NEW).] K. Restaurants and cafeterias; [PL 1995, c. 171, §8 (NEW).] L. Retail commercial establishments, such as stores, supermarkets and pharmacies; [PL 1995, c. 171, §8 (NEW).] M. Municipal buildings; [PL 1995, c. 171, §8 (NEW).] N. Schools; [PL 1995, c. 171, §8 (NEW).] O. Hospitals and clinics; [PL 1995, c. 171, §8 (NEW).] P. Funeral homes; [PL 1995, c. 171, §8 (NEW).] Q. Warehouses; [PL 1995, c. 171, §8 (NEW).] R. Churches; [PL 1995, c. 171, §8 (NEW).] S. Libraries; and [PL 1995, c. 171, §8 (NEW).] T. Public utility structures except for service drops. [PL 1995, c. 171, §8 (NEW).] [PL 1995, c. 171, §8 (AMD).]

4. Prohibited uses. Prohibited uses within the General Development District shall include: A. Dumping or disposing of any liquid or solid wastes other than agricultural uses of animal wastes and sanitary wastes in accordance with all federal, state and municipal requirements; [PL 1979, c. 459, §1 (NEW).] B. Auto graveyards; [PL 1979, c. 459, §1 (NEW).] C. Junkyards; [PL 1979, c. 459, §1 (NEW).] D. Extractive uses of mining other than sand, gravel and topsoil (loam) excavations allowed by permit; [PL 1979, c. 459, §1 (NEW).] E. Oil refineries; and [PL 1979, c. 459, §1 (NEW).] F. Smelting operations. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]