38 M.R.S. § 490-D — ME Code / Title 38 / Chapter 3 / Section 490-D
38 §490-D. Performance standards
Status: in_force

1. Significant wildlife habitat and other protected areas. Affected land may not be located in, on or over a significant wildlife habitat or other type of protected natural resource, as defined in section 480‑B , or in an area listed pursuant to the Natural Areas Program, Title 12, section 544 . The department may allow excavation to occur under this section as long as a permit is obtained pursuant to article 5‑A . Permit requirements for certain excavations in, on or over high and moderate value inland waterfowl and wading bird habitat are also governed by section 480‑GG . [PL 2009, c. 293, §5 (AMD).]

2. Solid waste. Solid waste, including stumps, wood waste and land-clearing debris generated on the affected land must be disposed of in accordance with chapter 13 , including any rules adopted to implement those laws. The department may not grant a variance from the provisions of this subsection. [PL 1995, c. 287, §8 (AMD).]

3. Groundwater protection. Excavation may not occur within 5 feet of the seasonal high water table. A benchmark sufficient to verify the location of the seasonal high water table must be established and at least one test pit or monitoring well must be established on each 5 acres of unreclaimed land. A. A 200-foot separation must be maintained between any excavation and any private drinking water supply that is a point-driven or dug well and was in existence prior to that excavation. [PL 1995, c. 700, §24 (AMD).] B. A 100-foot separation must be maintained between any excavation and any private drinking water supply that is drilled into saturated bedrock and was in existence prior to that excavation. [PL 1995, c. 700, §24 (AMD).] C. Separation must be maintained between any affected land and any public drinking water source existing prior to the filing of a notice of intent to comply under section 490‑C as follows: (1) For systems serving a population of 500 persons or less, the minimum separation must be 300 feet; (2) For systems serving a population of 501 persons up to 1,000 persons, the separation must be 500 feet; (3) For systems serving a population of more than 1,000 persons, the separation must be 1,000 feet; and (4) For any system that holds a valid filtration waiver in accordance with the federal Safe Drinking Water Act, the separation must be 1,000 feet. The department may grant a variance from the provisions of this paragraph upon consultation with the public water supply affected by the excavation. The department may not grant a waiver from the provisions of paragraph A , B or D . [PL 2007, c. 297, §5 (AMD).] D. Refueling operations, oil changes and other maintenance activities requiring the handling of fuels, petroleum products, hydraulic fluids, and other on-site activity involving the storage or use of products that, if spilled, may contaminate groundwater, must be conducted in accordance with the department's spill prevention, control and countermeasures plan. Petroleum products and other substances that may contaminate groundwater must be stored and handled over impervious surfaces that are designed to contain spills. The spill prevention, control and countermeasures plan must be posted at the site. [PL 1995, c. 287, §8 (AMD).] E. Excavation below the seasonal high water table of an area previously designated for potential use as a public drinking water source by a municipality or private water company is prohibited. If the yield of groundwater flow to protected waters or wetlands is not adversely affected, the department may grant a variance allowing excavation below the seasonal high water table of a mapped significant sand and gravel aquifer, or primary sand and gravel recharge area, or an unconsolidated deposit in other locations. [PL 1995, c. 700, §24 (NEW).] F. In the event of excavation below the seasonal high water table, the operator of a mining activity that affects a public drinking water source or private drinking water supply by excavation activities causing contamination, interruption or diminution must restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. This paragraph is not intended to replace any independent action that a person whose water supply is affected by a mining activity may have. [PL 1995, c. 700, §24 (NEW).] G. In the event of excavation below the seasonal high water table, a 300-foot separation must be maintained between the permitted limit of excavation and any predevelopment private drinking water supply, and a 1,000-foot separation must be maintained between the permitted limit of excavation and any predevelopment public drinking water source or area previously designated for potential use as a public drinking water source by a municipality or private water company. [PL 2007, c. 297, §6 (AMD).] The department may grant a variance allowing excavation between 2 and 5 feet of the seasonal high water table. The separation distance requirements described in paragraphs A , B and C do not apply when the private water supply or public drinking water source is owned by the owner of the excavation site. [PL 2007, c. 297, §§5, 6 (AMD).]

3-A. Medium borrow pits unlicensed on October 1, 1993. Notwithstanding subsection 3 , the following provisions apply to a medium borrow pit that on October 1, 1993 was not licensed under article 6 and on which gravel had been extracted to a level less than 5 feet above, at or below the seasonal high water table. The medium borrow pit owner or operator may not further excavate in areas where gravel had been extracted to a level less than 5 feet above, at or below the seasonal high water table unless a variance is granted by the department. A. The department may not require the medium borrow pit owner or operator to elevate the medium borrow pit floor to 5 feet or more above the seasonal high water table as a condition of operation. [PL 1995, c. 287, §9 (NEW).] B. [PL 1995, c. 700, §24 (RP).] C. The medium borrow pit owner or operator may reclaim as a pond that area of the medium borrow pit on which gravel had been extracted to a level at or below the seasonal high water table. [PL 1997, c. 603, §6 (AMD).] [PL 1997, c. 603, §6 (AMD).]

4. Natural buffer strip. Existing vegetation within a natural buffer strip may not be removed. If vegetation within the natural buffer strip has been removed or disturbed by the excavation or activities related to the excavation before submission of a notice of intent to comply, that vegetation must be reestablished as soon as practicable after filing the notice of intent to comply. The department may not grant a variance from the provisions of this subsection. [PL 1995, c. 700, §24 (AMD).]

5. Protected natural resources. [PL 1995, c. 287, §10 (RP).]

5-A. Protected natural resource buffers. A natural buffer strip must be maintained between the working edge of an excavation and a river, stream, brook, great pond or coastal wetland as defined in section 480‑B . A natural buffer strip must also be maintained between the working edge of an excavation and certain freshwater wetlands as defined in section 480‑B and having the characteristics listed in paragraph B . Excavation activities conducted within 100 feet of a protected natural resource must comply with the applicable permit requirement under article 5‑A . The width requirements for natural buffer strips are as follows. A. A natural buffer strip at least 100 feet wide must be maintained between the working edge of the excavation and the normal high-water line of a great pond classified as GPA, a river flowing to a great pond classified as GPA or a segment of the Kennebec River identified in Title 12, section 403, subsection 7 . [PL 2007, c. 616, §4 (AMD).] B. A natural buffer strip at least 75 feet wide must be maintained between the working edge of the excavation and any other water body, river, stream, brook, coastal wetland or significant wildlife habitat contained within a freshwater wetland or a freshwater wetland consisting of or containing: (1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or (2) Peat lands dominated by shrubs, sedges and sphagnum moss. [PL 1995, c. 700, §24 (AMD).] C. [PL 1995, c. 460, §8 (RP); PL 1995, c. 460, §12 (AFF).] For purposes of this subsection, the width of a natural buffer strip is measured from the upland edge of floodplain wetlands; if no floodplain wetlands are present, the width of the natural buffer strip is measured from the normal high-water mark of a great pond, river, stream or brook or the upland edge of a freshwater or coastal wetland. The department may allow excavation to occur under this subsection as long as a permit is obtained pursuant to article 5‑A . An excavation is not eligible for a permit by rule under department rules regarding activities adjacent to a protected natural resource. [PL 2007, c. 616, §4 (AMD).]

6. Roads. [PL 1995, c. 287, §12 (RP).]

6-A. Public and private roads. A natural buffer strip must be maintained between the working edge of an excavation and a road or right-of-way as follows. A. A natural buffer strip at least 150 feet wide must be maintained between the working edge of an excavation and a road designated as a scenic highway by the Department of Transportation. [PL 1995, c. 287, §13 (NEW).] B. A natural buffer strip at least 100 feet wide must be maintained between the working edge of an excavation and any public road not designated as a scenic highway by the Department of Transportation. A natural buffer strip at least 25 feet wide must be maintained between the working edge of a topsoil excavation and any public road not designated as a scenic highway by the Department of Transportation. A natural buffer strip at least 50 feet wide must be maintained between the working edge of an excavation and any public right-of-way that does not contain a road. The width of a natural buffer strip adjacent to a public road or right-of-way may be reduced if there is a public entity or entities with authority to grant permission and the applicant receives permission from each authority in writing. [PL 2005, c. 158, §4 (AMD).] C. A natural buffer strip at least 50 feet wide must be maintained between the working edge of an excavation and any private road or right-of-way. If a private road is contained within a wider right-of-way, the buffer is measured from the edge of the right-of-way. The width of the natural buffer strip adjacent to a private road may be reduced if the applicant receives written permission from the person or persons having a right-of-way over the private road. [PL 1995, c. 700, §24 (AMD).] Except for paragraph B , the department may not grant a variance from the provisions of this subsection. The department may grant a variance from paragraph B if the variance will not result in the natural buffer strip being reduced to less than 50 feet between the working edge of the excavation and any road or right-of-way, whichever is farther from the excavation, and if the owner or operator installs visual screening and safety measures as required by the department. A distance specified in this subsection is measured from the outside edge of the shoulder of the road or edge of the right-of-way unless otherwise specifically provided. [PL 2005, c. 158, §4 (AMD).]

6-B. Medium borrow pits unlicensed on October 1, 1993. Notwithstanding subsection 6‑A , the following provisions apply to a medium borrow pit that on October 1, 1993 was not licensed under article 6 and on which gravel had been extracted closer than 50 feet to a public or private road. A. The department may not require the owner or operator of a medium borrow pit to reestablish the required natural buffer strip as a condition of operation. [PL 1997, c. 364, §21 (NEW).] B. The owner or operator of a medium borrow pit shall regrade and seed the sideslopes to a slope no steeper than 2 horizontal feet for each vertical foot unless otherwise approved by the department. The owner or operator of a medium borrow pit shall install visual screening and safety measures as required by the department. [PL 1997, c. 364, §21 (NEW).] [PL 1997, c. 364, §21 (NEW).]

7. Property boundary. A natural buffer strip at least 50 feet wide must be maintained between any excavation and any property boundary. A natural buffer strip at least 25 feet wide must be maintained between any topsoil excavation and a property boundary. These distances may be reduced to not less than 10 feet with the written permission of the affected property owner or owners, except that the distance may not be reduced to less than 25 feet from the boundary of a cemetery or burial ground. The buffer strip between excavations owned by abutting owners may be eliminated with the abutter's written permission, provided the elimination of this buffer strip does not increase the runoff from either excavation across the property boundary. Any written permission to reduce a buffer must provide that it remains in effect until mining ceases and must be recorded in the registry of deeds. All property boundaries must be identified in the field by markings such as metal posts, stakes, flagging or blazed trees. The department may not grant a variance from the provisions of this subsection. [PL 2005, c. 158, §4 (AMD).]

8. Erosion and sedimentation control. A working pit must be naturally internally drained at all times unless a variance is obtained from the department. A. The area of a working pit may not exceed 10 acres. [PL 1993, c. 350, §5 (NEW).] B. Stockpiles consisting of topsoil to be used for reclamation must be seeded, mulched or otherwise temporarily stabilized. [PL 1993, c. 350, §5 (NEW).] C. Sediment may not leave the parcel or enter a protected natural resource. [PL 1995, c. 700, §24 (NEW).] D. Grubbed areas not internally drained must be stabilized. [PL 1995, c. 700, §24 (NEW).] E. Erosion and sedimentation control for access roads must be conducted in accordance with the department's best management practices for erosion and sedimentation control. [PL 2005, c. 561, §2 (AMD).] F. All areas other than a working pit area that are not naturally internally drained must meet the erosion and sedimentation control standards of section 420‑C . [PL 2005, c. 561, §2 (NEW).] The department may grant a variance from this subsection, except for paragraphs C , D , E and F . Areas are not considered "naturally internally drained" if surface discharge is impeded through the use of structures such as detention ponds, retention ponds and undersized culverts. [PL 2005, c. 561, §2 (AMD).]

9. Water quality protection and storm water management. Standards of the laws governing storm water management and waste discharge must be met as provided in this subsection. A. A variance must be obtained and storm water standards adopted pursuant to section 420‑D must be met for any part of a project, other than the working pit area, that is not naturally internally drained if that part of the project would require a storm water management permit pursuant to section 420‑D but for the exception for certain excavations in section 420‑D, subsection 5 . A storm water management permit pursuant to section 420‑D is not required. [PL 2005, c. 158, §5 (NEW).] B. A waste discharge must meet standards and obtain authorization if required pursuant to section 413 . [PL 2005, c. 158, §5 (NEW).] C. If a reclaimed slope or working pit is adjacent to steep slopes and a protected natural resource, measures must be taken to prevent storm water from ponding at the base of the reclaimed slope or working pit. [PL 2007, c. 507, §1 (NEW).] [PL 2007, c. 507, §1 (AMD).]

10. Stockpiles. [PL 1995, c. 700, §24 (RP).]

11. Traffic. The following provisions govern traffic. A. [PL 1995, c. 700, §24 (NEW); MRSA T. 38 §490-D, sub-§11, ¶ A (RP).] B. Any excavation activity that generates 100 or more passenger car equivalents at peak hour must comply with the applicable permit requirements under Title 23, section 704‑A . [PL 1999, c. 468, §16 (AMD).] [PL 1999, c. 468, §16 (AMD).]

12. Noise. Noise levels may not exceed applicable noise limits in rules adopted by the board. [PL 1995, c. 700, §24 (AMD).]

13. Dust. Dust generated by activities at the excavation site, including dust associated with traffic to and from the excavation site, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Dust control methods may include the application of calcium chloride, providing the manufacturer's labeling guidelines are followed. The department may not grant a variance from the provisions of this subsection. Visible emissions from a fugitive emission source may not exceed an opacity of 20% for more than 5 minutes in any one-hour period. [PL 2005, c. 158, §6 (AMD).]

14. Reclamation. Except as provided in subsection 15 , the affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Reclamation should be conducted in accordance with the department's best management practices for erosion and sediment control, and must include: A. Regrading side slopes to a slope no steeper than 2 1/2 horizontal feet for each vertical foot; [PL 1993, c. 350, §5 (NEW).] B. Establishing a vegetative cover by seeding within one year of the completion of excavation. Vegetative cover is acceptable if, within one year of seeding: (1) The planting of trees and shrubs results in a permanent stand or a stand capable of regeneration and succession, sufficient to ensure a 75% survival rate; and (2) The planting of all materials results in permanent 90% ground coverage; [PL 1993, c. 350, §5 (NEW).] C. Removing all structures and, once no longer in use, reclaiming all access roads, haul roads and other support roads; [PL 1995, c. 700, §24 (AMD).] D. Reclaiming all affected lands within 2 years after final grading; and [PL 1995, c. 700, §24 (AMD).] E. Stockpiling soil that is stripped or removed for use in reclaiming disturbed land areas. [PL 1995, c. 700, §24 (NEW).] The department may require a bond payable to the State with sureties satisfactory to the department or such other security as the department may determine adequately secures compliance with this article, conditioned upon the faithful performance of the requirements set forth in this article. Other security may include a security deposit with the State, an escrow account and agreement, insurance or an irrevocable trust. In determining the amount of the bond or the security, the department shall take into consideration the character and nature of the overburden, the future suitable use of the land involved and the cost of grading and reclamation required. All proceeds of forfeited bonds or other security must be expended by the department for the reclamation of the area for which the bond was posted and any remainder returned to the operator. The board may adopt or amend rules to carry out this subsection, including rules relating to operation or maintenance plans; standards for determining the reclamation period; annual revisions of those plans; limits, terms and conditions on bonds or other security; proof of financial responsibility of a person engaged in excavation activity or the affiliated person who guarantees performance; estimation of reclamation costs; reports on reclamation activities; or the manner of determining when the bond or other security may be discharged. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . The department may grant a variance from paragraph A , provided that the slopes exhibit substantial vegetation and are stable. The department may not assess a fee for a request for a variance from paragraph A . The department may grant a variance from paragraph E if the applicant demonstrates that the soil is not needed for reclamation purposes. The department may not grant a variance from the other provisions of this subsection. [PL 2001, c. 466, §9 (AMD).]

15. Recreational management areas. An owner or operator may request a variance to develop a recreational management area on the affected land as an alternative to reclamation in accordance with subsection 14 . The department may grant a variance under section 490‑E if the Off-road Recreational Vehicle Office determines the site is suitable under Title 12, section 1893‑A . [PL 2013, c. 405, Pt. D, §17 (AMD).]

16. Blasting. Blasting must be conducted in accordance with the standards in section 490‑Z, subsection 14 unless otherwise approved by the department. [PL 2007, c. 297, §7 (NEW).]

17. Lighting. Lighting must be shielded from adjacent highways and residential areas. [PL 2007, c. 616, §5 (NEW).]
38 M.R.S. § 603-B — ME Code / Title 38 / Chapter 4 / Section 603-B
38 §603-B. Acid deposition control
Status: in_force

1. Legislative findings and intent. The Legislature finds that acid deposition, commonly referred to as "acid rain," resulting from commercial, industrial or other emissions of sulfur dioxide and nitrogen oxides, is occurring in the State. The Legislature also finds that acid deposition poses a present and severe threat to the State's natural resources, including its fish and wildlife, agriculture and water resources, as well as to the State's economy and public health. Increasing evidence suggests that acid deposition also affects the State's economy by reducing the growth productivity of the State's forest resources. [PL 1985, c. 498, §1 (NEW).]

2. Nitrogen oxides emission inventory. The department shall prepare an inventory of both current and potential nitrogen oxide emission sources in the State. The department shall also evaluate the contribution of nitrogen oxide emissions to acid deposition and other air pollution problems in the State. The inventory and evaluation shall be completed and submitted to the Legislature by January 31, 1987. [PL 1985, c. 498, §1 (NEW).]

3. Acid rain impact study. The department shall complete a study covering the following areas: A. A resampling and measuring of the response of the State's lakes located in sensitive geologic areas; [PL 1985, c. 498, §1 (NEW).] B. An identification of sensitive receptor areas throughout the State based on, but not limited to, the following criteria: Geology; elevation; lake size; watershed area; and aquatic and terrestrial flora; [PL 1985, c. 498, §1 (NEW).] C. An assessment of the impact of acid deposition on the growth and productivity of the State's forest resources; and [PL 1985, c. 498, §1 (NEW).] D. A determination through long-range modeling techniques of the contribution of both in-state sources and out-of-state sources to acid rain deposition in the State. [PL 1985, c. 498, §1 (NEW).] In preparing this study, the department shall coordinate with and utilize as fully as possible the research being conducted at the University of Maine and research conducted by the United States Environmental Protection Agency regarding the acid rain problem. Results of this study shall be reported to the Legislature, together with recommendations for further actions, no later than January 31, 1987. [PL 1985, c. 779, §84 (AMD).]
38 M.R.S. § 1319-U — ME Code / Title 38 / Chapter 13 / Section 1319-U
38 §1319-U. Forfeiture; civil liability (REALLOCATED FROM TITLE 38, SECTION  1306-C)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1306-C)

1. Property forfeited. The following property shall be subject to forfeiture to the State and all property rights therein shall be in the State: A. All conveyances which are used or intended for use in handling or transporting hazardous waste in violation of this subchapter and all materials, products and equipment used or intended for use in such handling or transportation or handled or transported shall be subject to forfeiture to the State; and [PL 1987, c. 517, §20 (RAL).] B. All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in any transaction involving a hazardous waste in violation of this subchapter, all proceeds traceable to such a transaction and all moneys, negotiable instruments, securities or other things of value used or intended to be used to facilitate any violation of this subchapter. [PL 1987, c. 517, §20 (RAL).] [PL 1987, c. 517, §20 (RAL).]

2. Jurisdiction. Property subject to forfeiture may be declared forfeited by a court having jurisdiction over the property or having final jurisdiction over a related civil or criminal proceeding under this subchapter. [PL 1987, c. 517, §20 (RAL).]

3. Exceptions. The court may order forfeiture of all property subject to forfeiture, except as follows. A. No conveyance used by a common carrier in the transaction of business as a common carrier may be forfeited, unless it appears that the owner or other person in charge of the conveyance was a consenting party or privy to a violation of this subchapter. [PL 1987, c. 517, §20 (RAL).] B. No conveyance may be forfeited by reason of an act or omission established by the owner to have been committed or omitted by another person while the conveyance was unlawfully in the possession of another person in violation of the criminal laws of the United States or of any state. [PL 1987, c. 517, §20 (RAL).] C. No conveyance may be subject to forfeiture unless the owner knew or should have known that that conveyance was used in and for the handling of hazardous waste in violation of this subchapter. Proof that the conveyance was used on 3 or more occasions for the purpose of handling hazardous waste in violation of this subchapter shall be prima facie evidence that the owner knew thereof or should have known thereof. [PL 1987, c. 517, §20 (RAL).] D. No property subject to forfeiture under subsection 1, paragraph B may be forfeited, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner. [PL 1987, c. 517, §20 (RAL).] [PL 1987, c. 517, §20 (RAL).]

4. Procedure. The Attorney General may seek forfeiture of a conveyance according to the procedure set forth in Title 15, section 5822 , with the following exceptions. A. A final order issued by the court under that procedure must provide for disposition of the conveyance by the Department of Administrative and Financial Services, including official use by a public agency or sale at public auction or by competitive bidding. [PL 1997, c. 364, §41 (AMD).] B. The proceeds of a sale must be used to pay the costs of cleanup, abatement or mitigation of any threats or hazards to public health or safety or to the environment, the costs of any removal, storage, treatment, disposal or other handling of hazardous waste or hazardous substances, as defined in section 1362 , reasonable expenses for the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, and to pay any bona fide mortgage thereon, and the balance, if any, shall be deposited in the General Fund. [PL 1997, c. 364, §41 (AMD).] C. Records, required by Title 15, section 5825 , must be open to inspection by all federal and state officers charged with enforcement of federal and state laws relating to the handling of hazardous waste. [PL 1997, c. 364, §41 (AMD).] [PL 1997, c. 364, §41 (AMD).]

5. Civil liability. A person who disposes of or treats hazardous waste, when that disposal or treatment, in fact, endangers the health, safety or welfare of another, is liable in a civil suit for all resulting damages. It is not necessary to prove negligence. For the purposes of this section, damages are limited to damages to real estate or personal property or loss of income directly or indirectly as a result of a disposal or treatment of hazardous wastes. Damages awarded may be mitigated if the disposal or treatment is the result of an act of war or an act of God. [PL 1993, c. 732, Pt. A, §9 (AMD).]

Nothing in this section shall preclude any action for damages which may be maintained under the common law or the laws of this State. [PL 1987, c. 517, §20 (RAL).]
38 M.R.S. § 93 — ME Code / Title 38 / Chapter 1 / Section 93
38 §93. License fees
Status: in_force

Every new application for a license to act as a pilot on coastal waters must be accompanied by an application fee of $500 for the first pilotage area and $50 for each successive pilotage area. Original and renewal license fees are $375 for 5 years, regardless of number of areas being renewed. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee of $100 in addition to the renewal fee. Any person who submits an application for renewal more than 90 days after the licensing renewal date is subject to all requirements governing new applicants under this chapter. [PL 1999, c. 355, §16 (AMD).]

A holder of a license on the effective date of this paragraph is not required to renew that license until the next expiration and renewal of the federal license. [PL 1999, c. 355, §16 (AMD).]
38 M.R.S. § 635-B — ME Code / Title 38 / Chapter 5 / Section 635-B
38 §635-B. Procedures for water quality certification
Status: in_force

Issuance of a water quality certificate required under the Federal Water Pollution Control Act, Section 401, is coordinated for the applicant under this subarticle by the Commissioner of Environmental Protection. The issuance of a water quality certificate is mandatory in every case where the department approves an application for a permit or general permit under this subarticle. An application for a tidal energy demonstration project under section 636‑A that is accepted as complete by the department serves as an application for water quality certification for the proposed project pursuant to the Federal Water Pollution Control Act, Section 401, 33 United States Code, Section 1341. The department shall issue or deny certification at the same time it approves or disapproves the proposed project. If issued, the certification must state that there is a reasonable assurance that the project will not violate applicable water quality standards. The coordination function of the department with respect to water quality certification does not include any proceedings or substantive criteria in addition to those otherwise required by this subarticle. [PL 2009, c. 270, Pt. D, §6 (AMD).]
38 M.R.S. § 490-G — ME Code / Title 38 / Chapter 3 / Section 490-G
38 §490-G. Inspections
Status: in_force

The regulator may periodically inspect a site, may examine relevant records of the owner or operator and may take samples and perform tests necessary to determine compliance with the provisions of this article. [PL 1995, c. 700, §27 (AMD).]
38 M.R.S. § 490-B — ME Code / Title 38 / Chapter 3 / Section 490-B
38 §490-B. Applicability
Status: in_force

Sections 490‑A to 490‑K apply to any excavation for borrow, clay, topsoil or silt, whether alone or in combination, including reclaimed and unreclaimed areas, if the total excavated area on a parcel is 5 or more acres or the total excavated area on adjacent parcels under a common owner or operator is 5 or more acres. Section 490‑M applies to a total excavated area of less than 5 acres. This article applies if the excavation is located in whole or in part within an organized area of this State. [PL 2007, c. 297, §3 (AMD).]

A person in possession of a valid site location of development permit for a borrow pit or topsoil, clay or silt mining operation shall operate that pit or operation in compliance with the terms and conditions of the permit. Any modification of the permit must be in conformance with section 484 . A person with a permit under article 6 may file a notice of intent to comply under this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §22 (NEW).]

This article does not apply to: [PL 1995, c. 700, §22 (RPR).]

1. Site law pits. [PL 1995, c. 700, §22 (RP).]

2. Maine Land Use Planning Commission pits. An excavation wholly within the jurisdiction of the Maine Land Use Planning Commission; [PL 1995, c. 700, §22 (RPR); PL 2011, c. 682, §38 (REV).]

3. Other mining operations. [PL 1995, c. 700, §22 (RP).]

4. Excavations reviewed under laws regarding the protection of natural resources. An excavation to the extent that it is located in a protected natural resource and requires a permit under the laws regarding the protection of natural resources in article 5‑A ; or [PL 1995, c. 700, §22 (NEW).]

5. Grading preliminary to construction. An excavation or grading preliminary to a construction project unless it is intended to circumvent this article. [PL 1995, c. 700, §22 (NEW).]
38 M.R.S. § 843 — ME Code / Title 38 / Chapter 5 / Section 843
38 §843. Municipal authority
Status: in_force

The commissioner shall review an ordinance submitted pursuant to Title 30‑A, chapter 187, subchapter VI for consistency with this article. If the commissioner determines that the ordinance includes all substantive provisions of this article and includes all provisions required by Title 30‑A, chapter 187, subchapter VI , the commissioner shall approve that municipality for authority to establish water level regimes and minimum flow requirements for impoundments and dams. [PL 1993, c. 370, §12 (NEW).]
38 M.R.S. § 585-B — ME Code / Title 38 / Chapter 4 / Section 585-B
38 §585-B. Hazardous air pollutant standards
Status: in_force

1. Standards. The board may establish and amend emission standards for hazardous air pollutants, and regulations to implement these standards. If emission standards are not feasible, the board may adopt design, equipment, work practice or operational standards for activities emitting hazardous pollutants. [PL 1989, c. 144, §5 (AMD).]

2. Procedure. All standards and regulations under this section shall be adopted in conformance with the Maine Administrative Procedure Act, Title 5, chapter 375 , except as provided in this section. Prior to the establishment or amendment of these standards and regulations, the board shall conduct a public hearing to receive testimony on: A. Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Health and Human Services; [PL 1983, c. 535, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).] B. The extent to which the public is exposed to the pollutant; [PL 1983, c. 535, §2 (NEW).] C. The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions of hazardous pollutants; and [PL 1983, c. 535, §2 (NEW).] D. Any other information that would assist the board in establishing standards adequate to protect the public health and safety. [PL 1983, c. 535, §2 (NEW).] [PL 1983, c. 535, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

3. Relation to ambient standards. The board may control hazardous air pollutants if no ambient air quality standards have been established for those pollutants. [PL 1989, c. 144, §5 (AMD).]

4. Legislative review. [PL 1989, c. 144, §6 (RP).]

5. Standards for mercury. Notwithstanding subsection 1 , an air emission source may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per year after January 1, 2000; 22.7 kilograms, or 50 pounds, per year after January 1, 2004; 15.9 kilograms, or 35 pounds, after January 1, 2007; and 11.4 kilograms, or 25 pounds, after January 1, 2010. As an alternative to not emitting mercury in excess of 11.4 kilograms, or 25 pounds, after January 1, 2010, an air emission source may reduce mercury emissions by 90 percent by weight after January 1, 2010. Compliance with these limits must be specified in the license of the air emission source. The department shall establish by rule testing protocols and measurement methods for emissions sources for which the department has not established such protocols and methods for determining compliance with the emission standard for mercury. These rules are routine technical rules under Title 5, chapter 375, subchapter 2‑A . An air emission source may apply to the board for an extension or modification of the 11.4-kilogram, or 25-pound, limit as follows. A. An emission source may submit an application to the board no later than January 1, 2009 for a 6-month extension of the January 1, 2010 deadline to meet the 11.4-kilogram, or 25-pound, limit. The board shall grant the extension if the board determines, based on information presented by the source, that compliance with the limit is not achievable by the deadline due to engineering constraints, availability of equipment or other justifiable technical reasons. [PL 2005, c. 590, §1 (AMD).] B. An emission source may submit an application to the board no later than January 1, 2009 for a license modification establishing an alternative emission limit for mercury. The board shall grant the license modification if the board finds that the proposed mercury emission limit meets the most stringent emission limitation that is achievable and compatible with that class of source, considering economic feasibility. [PL 2005, c. 590, §1 (AMD).] Pending a decision on an application for an extension or a license modification under this subsection, the 15.9-kilogram, or 35-pound, limit applies to the emission source. Notwithstanding the January 1, 2000 compliance date in this subsection, a resource recovery facility that is subject to an emissions limit for mercury adopted by rule by the board before January 1, 2000 shall comply with the 45.4-kilogram, or 100-pound, mercury emissions limit after December 19, 2000. For determining compliance with this subsection, the results of multiple stack tests may be averaged in accordance with guidance provided by the department. [PL 2013, c. 300, §13 (AMD).]

6. Mercury reduction plans. An air emission source emitting mercury in excess of 10 pounds per year after January 1, 2007 must develop a mercury reduction plan. Except as provided in subsection 7 , the mercury reduction plan must be submitted to the department no later than September 1, 2008. The mercury reduction plan must contain: A. Identification, characterization and accounting of the mercury used or released at the emission source; and [PL 2005, c. 590, §2 (NEW).] B. Identification, analysis and evaluation of any appropriate technologies, procedures, processes, equipment or production changes that may be utilized by the emission source to reduce the amount of mercury used or released by that emission source, including a financial analysis of the costs and benefits of reducing the amount of mercury used or released. [PL 2005, c. 590, §2 (NEW).] C. [RR 2005, c. 2, §24 (RP).] The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters no later than March 1, 2009 summarizing the mercury emissions and mercury reduction potential from those emission sources subject to this subsection. In addition, the department shall include an evaluation of the appropriateness of the 25-pound mercury standard established in subsection 5 . The evaluation must address, but is not limited to, the technological feasibility, cost and schedule of achieving the standards established in subsection 5 . The department shall submit an updated report to the committee by March 1, 2013. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out to the 126th Legislature a bill relating to the evaluation and the updated report. [PL 2015, c. 250, Pt. C, §8 (AMD).]

7. Stack tests for mercury. An air emission source emitting mercury in excess of 10 pounds in calendar year 2010 must: A. Conduct a stack test for mercury twice in calendar year 2011 and twice in calendar year 2012. The stack tests must be conducted at least 4 months apart; and [PL 2009, c. 535, §3 (NEW).] B. By January 1, 2013, develop a mercury reduction plan and submit the plan to the department in accordance with subsection 6 . The plan must contain the results of the 4 stack tests conducted pursuant to paragraph A . [PL 2009, c. 535, §3 (NEW).] For determining compliance with subsection 5 , the results of multiple stack tests under this subsection may be averaged in accordance with guidance provided by the department. The department may approve an alternative to the stack testing requirements in this subsection, such as, but not limited to, mercury input data or a continuous mercury emission monitoring system. [PL 2009, c. 535, §3 (NEW).]
38 M.R.S. § 363-D — ME Code / Title 38 / Chapter 3 / Section 363-D
38 §363-D. Waiver or modification of protection and improvement laws
Status: in_force

The commissioner or the commissioner's designee may waive or modify any of the provisions of this chapter if that waiver or modification promotes or assists any oil spill response activity conducted in accordance with the national contingency plan, a federal contingency plan, the state marine oil spill contingency plan, or as otherwise directed by the federal on-scene coordinator, the commissioner or commissioner's designee. A waiver issued by the commissioner under this section must be in writing. [PL 1993, c. 579, §1 (NEW).]

This section does not apply to state or federal water quality standards applicable to any waters of the State, including, but not limited to, designated uses, criteria to protect existing and designated uses and antidegradation policies. [PL 2021, c. 551, §2 (NEW).]
38 M.R.S. § 480-O — ME Code / Title 38 / Chapter 3 / Section 480-O
38 §480-O. Bulkheads and retaining walls on Scarborough River; permit requirements
Status: in_force

Nothing in this article prohibits the rebuilding, replacement or new construction of a bulkhead, retaining wall or similar structure, provided that the applicant for a permit demonstrates to the department or municipality, as appropriate, that the following conditions are met. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §81 (AMD).]

1. Location. The bulkhead or similar structure to be constructed, rebuilt or replaced is located along some or all of the north-northeasterly property lines of land abutting the Scarborough River from the jetty to the Scarborough town landing. [PL 1987, c. 809, §2 (NEW).]

2. Termination. The terminus of any bulkhead or similar structure, including any wing wall, unless connected to another bulkhead or similar structure, shall terminate at least 25 feet from any abutting property. [PL 1987, c. 809, §2 (NEW).]

Any permit issued under this section for a bulkhead or similar structure that is not connected at both ends to another bulkhead or similar structure is subject to only the standard conditions applicable to all permits granted under this article as well as the following conditions. The permit applicant or applicants are responsible for reasonably maintaining the bulkhead or similar structure and for repairing damage to the frontal sand dune that occurs between the end of the bulkhead or similar structure and the Scarborough town landing and that is caused by the existence of the bulkhead or similar structure. The applicant or applicants shall submit a report prepared by a state-licensed geologist to the commissioner every 2nd year following issuance of the permit or until such time as the commissioner determines the report need not be filed or may be filed at longer intervals. The report must describe the status of the frontal sand dune between the end of the bulkhead or similar structure and the Scarborough town landing and contain whatever recommendations the geologist determines are reasonably required to maintain the frontal sand dune in that area. The applicant or applicants shall follow the recommendations. [PL 2019, c. 285, §15 (AMD).]
38 M.R.S. § 123 — ME Code / Title 38 / Chapter 1 / Section 123
38 §123. Appointment of inspectors; fees; remarking of boats
Status: in_force

The municipal officers of every town where boats and lighters are employed for the purposes set forth in section 121 shall annually, in April or May, appoint some suitable person to be sworn to examine and ascertain the capacities of all such boats and lighters, and mark them as prescribed. The municipal officers shall establish and regulate the fees therefor. [RR 2021, c. 2, Pt. B, §231 (COR).]

When such inspector thinks that the burden or capacity of any such boat or lighter is altered by repairs or otherwise, the inspector shall forthwith ascertain the same anew and mark it accordingly. [RR 2021, c. 2, Pt. B, §231 (COR).]
38 M.R.S. § 3111 — ME Code / Title 38 / Chapter 33 / Section 3111
38 §3111. Penalties
Status: in_force

1. Civil violation. A violation of this chapter by any person is a civil violation for which a fine of not more than $100 may be adjudged. [PL 2015, c. 166, §14 (NEW).]

2. Separate violations. Each day that a violation under subsection 1 continues or exists constitutes a separate offense. [PL 2015, c. 166, §14 (NEW).]

3. Container pickup. Notwithstanding subsection 1 , a person who knowingly violates a provision of section 3106, subsection 8‑A or the rules adopted pursuant to section 3106, subsection 8‑A : A. As a first offense, must receive a written warning from the department but does not commit a civil violation; and [PL 2023, c. 482, §31 (NEW); PL 2023, c. 482, §43 (AFF).] B. As a second offense and any subsequent offenses, commits a civil violation for which a fine of $1,000 may be adjudged. [PL 2023, c. 482, §31 (NEW); PL 2023, c. 482, §43 (AFF).] Notwithstanding any provision of this subsection to the contrary, the department may exercise enforcement discretion in the event of unforeseen circumstances causing a violation of a provision of section 3106, subsection 8‑A or the rules adopted pursuant to section 3106, subsection 8‑A , including, but not limited to, extreme weather conditions and inability to provide for pickup due to a significant number of illness-related employee absences. [PL 2023, c. 482, §31 (RPR); PL 2023, c. 482, §43 (AFF).]
38 M.R.S. § 1207-A — ME Code / Title 38 / Chapter 11 / Section 1207-A
38 §1207-A. Landlord access to tenant bill payment information
Status: in_force

If a tenant is billed for sewer service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the sanitary district shall provide to the landlord or the landlord's agent, on request of the landlord or the landlord's agent, the current status of the tenant's account, including any amounts due or overdue. [PL 2005, c. 306, §3 (NEW).]
38 M.R.S. § 1002 — ME Code / Title 38 / Chapter 8 / Section 1002
38 §1002. Legislative review
Status: in_force

The joint standing committee of the Legislature having jurisdiction on audit and program review shall review the commission on or before January 1, 1996, and present its recommendations for amendment or repeal of this chapter to the Legislature. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 2212 — ME Code / Title 38 / Chapter 24 / Section 2212
38 §2212. General powers
Status: in_force

The agency may, in addition to its other powers and in furtherance of the purposes of this chapter, assist itself or applicants, who shall be limited to municipalities and regional associations, in the financing of eligible projects by issuing revenue obligation securities; by issuing or providing securities for mortgage loans; drafting financial documents, trust agreements and other contracts; and arranging the financing and negotiating for the sale of the securities. The agency may contract with the Finance Authority of Maine to administer the provisions of this article. [PL 1989, c. 585, Pt. A, §7 (NEW).]

The agency may also: [PL 1989, c. 585, Pt. A, §7 (NEW).]

1. Kinds of projects. Acquire, construct, reconstruct, maintain, renew, replace or provide financing assistance for eligible waste facilities, waste disposal services or recycling projects; [PL 1989, c. 585, Pt. A, §7 (NEW).]

2. Securities for projects. Issue revenue obligation securities to pay the cost of or to provide financial assistance for acquisition, construction, reconstruction, renewal or replacement of eligible projects. Any single issue of securities may provide for the cost of, or for financial assistance for, acquisition, construction, reconstruction, renewal or replacement of any one or more eligible projects which may be separate, unconnected and distinct. Any issue, the proceeds of any issue, or any revenue obligation securities shall, except as specifically authorized by the Legislature, meet the requirements of the Internal Revenue Code of 1986, as amended, relating to exempt facility bonds; [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Acquire securities. Issue revenue obligation securities to acquire one or more issues of revenue obligation securities issued by municipalities or to acquire any other bond not eligible for purchase pursuant to Title 30‑A, chapter 225 . Any single issue of securities may provide funds for the acquisition of revenue obligation securities of one or more municipalities or of bonds for one or more eligible projects which may be separate, unconnected and distinct; [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Refunding securities. Issue revenue refunding obligation securities as provided to refund any outstanding revenue obligation securities issued under this article; [PL 1989, c. 585, Pt. A, §7 (NEW).]

5. Serve as broker or agent. Serve as a broker, agent or other financial intermediary for the secondary marketing of obligations issued or incurred in connection with the financing of eligible projects and for the encouragement of the flow of private funds for capital investment; [PL 1989, c. 585, Pt. A, §7 (NEW).]

6. Facilities. Plan, carry out, acquire, lease and operate facilities and provide for the construction, reconstruction, improvement, alteration or repair of any facility or any part of a facility; [PL 1989, c. 585, Pt. A, §7 (NEW).]

7. Acquisition and disposal of property. Acquire or enable an applicant to acquire, upon reasonable terms from funds provided under this article, the lands, structures, property, rights, rights-of-way, franchises, easements and other interests in lands, including lands under water and riparian rights, that are located within the State and considered necessary or convenient for the construction or operation of any eligible waste project, and dispose of them; [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 869, Pt. A, §15 (AMD).]

8. Contracts. Make and enter into all financial documents and other contracts and trust agreements securing revenue obligation securities issued under this article, provided all expenses are payable solely from funds made available under this article; [PL 1989, c. 585, Pt. A, §7 (NEW).]

9. Consent to modification of contracts, lease or agreement. To the extent not forbidden under its contract with the holders of bonds, consent to any modification of any contract, lease or agreement of any kind to which the agency is a party; [PL 1989, c. 585, Pt. A, §7 (NEW).]

10. Employment of specialists. Employ consulting and other engineers, attorneys, accountants, construction and financial experts, superintendents, managers and other necessary employees and agents and fix their compensation, provided all expenses are payable solely from funds made available under this subchapter; [PL 1989, c. 585, Pt. A, §7 (NEW).]

11. Government contracts. Enter into contracts with regional associations, municipalities, the State or a federal agency relating to any eligible solid waste project; [PL 1989, c. 585, Pt. A, §7 (NEW).]

12. Government aid. Accept loans or grants for the planning, construction or acquisition of any eligible solid waste project from a municipality, an authorized agency of the State or a federal agency and enter into agreements with the agency respecting the loans or grants. In the case of all loans, grants or other aid involving pollution-control facilities, the consent of the commissioner must first be obtained, notwithstanding section 362 ; [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §294 (AMD).]

13. Private aid. Receive and accept aid and contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the purposes for which these loans, grants and contributions may be made; [PL 1989, c. 585, Pt. A, §7 (NEW).]

14. Applicability. Provide financial assistance by means of leases that are not subject to Title 14, section 6010 . Leases made under this section may provide that obligations of the lessees are unconditional; and [PL 1989, c. 585, Pt. A, §7 (NEW).]

15. Application. Provide financial assistance by means of revenue obligation securities which are not subject to Title 32, chapter 135 , relating to dealers in securities. [PL 2005, c. 65, Pt. C, §20 (AMD).]
38 M.R.S. § 480-Z — ME Code / Title 38 / Chapter 3 / Section 480-Z
38 §480-Z. Compensation
Status: in_force

The department may establish a program providing for compensation of unavoidable losses to an area listed in subsection 7 due to a proposed activity. Compensation must include the restoration, enhancement, creation or preservation of an area or areas that have functions or values similar to the area impacted by the activity, unless otherwise approved by the department. Preservation may include protection of uplands adjacent to an area. [PL 2007, c. 527, §1 (AMD).]

The department may require that compensation include the design, implementation and maintenance of a compensation project or, in lieu of such a project, may allow the applicant to purchase credits from a mitigation bank or to pay a compensation fee. If compensation is required, the completion and maintenance of a project, purchase of credits or payment of a compensation fee must be a condition of the permit. [PL 1997, c. 101, §1 (NEW); PL 1997, c. 101, §2 (AFF).]

The department shall identify an appropriate project, or determine the amount of credits or compensation fee, based upon the compensation that would be necessary to restore, enhance, create or preserve areas with functions or values similar to the areas impacted by the activity. However, the department may allow the applicant to conduct a project of equivalent value, or allow the purchase of credits or payment of a compensation fee of equivalent value, to be used for the purpose of restoring, enhancing, creating or preserving other functions or values of the area that are environmentally preferable to the functions and values impacted by the activity, as determined by the department. The loss of functions or values of one type of area may not be compensated for by the restoration, enhancement, creation or preservation of another type of area. For example, the loss of functions or values of a coastal wetland may not be compensated for by the restoration, enhancement, creation or preservation of freshwater wetland functions or values. [PL 2007, c. 527, §1 (AMD).]

A project undertaken pursuant to this section must be approved by the department. The department shall base its approval of a wetlands compensation project on the wetland management priorities identified by the department for the watershed or biophysical region in which the project is located. The department shall base its approval of a compensation project concerning an area listed in subsection 7, paragraph C , D , E or F on the management priorities identified by the department for the type of habitat. The department may not approve a compensation project for unavoidable losses to an area until the applicant has complied with all other applicable provisions of this article and all applicable rules adopted by the department pursuant to this article. For purposes of this section, "biophysical region" means a region with shared characteristics of climate, geology, soils and natural vegetation. [PL 2019, c. 581, §1 (AMD).]

1. Location of project. A compensation project must be located on or adjacent to the project site, unless otherwise approved by the department. A compensation project must be located in the same watershed as the area affected by the activity unless the department determines, based on regional hydrological or ecological priorities, that there is a scientific justification for locating the compensation project outside of the same watershed. [PL 2007, c. 527, §1 (AMD).]

2. Approval of mitigation bank. A mitigation bank from which any credits are purchased must be approved by the department consistent with all applicable federal rules and regulations. [PL 1997, c. 101, §1 (NEW); PL 1997, c. 101, §2 (AFF).]

3. Compensation fee program. The department may develop a compensation fee program for the areas listed in subsection 7 in consultation with state and federal resource agencies, including, but not limited to, the Department of Agriculture, Conservation and Forestry, the Department of Inland Fisheries and Wildlife, the United States Army Corps of Engineers, the United States Fish and Wildlife Service and the United States Environmental Protection Agency. A. The program may include the following: (1) Identification of wetland management priorities on a watershed or biophysical region basis; (1-A) Identification of management priorities for the areas listed in subsection 7, paragraphs C , D , E and F ; (2) Identification of the types of losses eligible for compensation under this subsection; (3) Standards for compensation fee projects; (4) Calculation of compensation fees based on the functions and values of the affected areas and the cost of compensation, taking into account the potential higher cost of compensation when a project is implemented at a later date; and (5) Methods to evaluate the long-term effectiveness of compensation fee projects implemented under this subsection in meeting the management priorities identified pursuant to subparagraphs (1) and (1-A). [PL 2019, c. 581, §2 (AMD).] B. Any compensation fee may be paid into a compensation fund established by the department as provided in subparagraph (1) or to an organization authorized by the department as provided in subparagraph (2). A compensation project funded in whole or in part from compensation fees must be approved by the department. (1) The department may establish compensation funds for the purpose of receiving compensation fees, grants and other related income. A compensation fund must be a fund dedicated to payment of costs and related expenses of restoration, enhancement, preservation and creation projects. The department may make payments from the fund consistent with the purpose of the fund. Income received under this subsection must be deposited with the State Treasurer to the credit of the compensation fund and may be invested as provided by law. Interest on these investments must be credited to the compensation fund. (2) The department may enter into an enforceable, written agreement with a public, quasi-public or municipal organization or a private, nonprofit organization for the protection of natural areas. Such an organization must demonstrate the ability to receive compensation fees, administer a compensation fund and ensure that compensation projects are implemented consistent with local, regional or state management priorities. If compensation fees are provided to an authorized organization, the organization shall maintain records of expenditures and provide an annual summary report as requested by the department. If the authorized agency is a state agency other than the department, the agency shall establish a fund meeting the requirements specified in subparagraph (1). If the organization does not perform in accordance with this subsection or with the requirements of the written agreement, the department may revoke the organization's authority to conduct activities in accordance with this subsection. [PL 2007, c. 527, §1 (AMD).] Rules adopted pursuant to this subsection are routine technical rules under Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 581, §2 (AMD).]

4. Relationship to other provisions. The purchase of credits from a mitigation bank or the payment of a compensation fee in no way relieves the applicant of the requirement to comply with any other provision of this article, including, but not limited to, the requirement to avoid or minimize effects on wetlands and water quality to the greatest extent practicable under section 480‑X . [PL 1997, c. 101, §1 (NEW); PL 1997, c. 101, §2 (AFF).]

5. Report; evaluation. [PL 2003, c. 245, §9 (RP).]

6. Repeal. [PL 2003, c. 245, §9 (RP).]

7. Areas. As used in this section, "area" includes: A. Freshwater wetlands; [PL 2007, c. 527, §1 (NEW).] B. Coastal wetlands; [PL 2007, c. 527, §1 (NEW).] C. Significant vernal pool habitat; [PL 2007, c. 527, §1 (NEW).] D. High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas; [PL 2019, c. 581, §3 (AMD).] E. Shorebird nesting, feeding and staging areas; and [PL 2019, c. 581, §3 (AMD).] F. Rivers, streams and brooks. [PL 2019, c. 581, §4 (NEW).] [PL 2019, c. 581, §§3, 4 (AMD).]
38 M.R.S. § 1319-H — ME Code / Title 38 / Chapter 13 / Section 1319-H
38 §1319-H. Application and annual fees
Status: in_force

1. Fees for reviewing applications. The following fees are required for reviewing applications. A. Any person who applies for a license for a hazardous waste or waste oil facility shall pay the appropriate fee. An application for a license will not be considered complete and will not be processed until this fee is received. Application fees are as follows. (1) Disposal facility............... $10,000 (2) Commercial treatment facility......7,000 (3) On-site treatment facility.........4,000 (4) Other waste facility for hazardous waste, including storage facilities ....2,500 (5) Waste oil facility.........2,500 (6) Treatment facility under license by rule provisions where the hazardous waste treated is 1,000 kilograms or less per calendar month......................................75 (7) All other facilities for hazardous waste under license by rule provisions..........400 (8) Facility post-closure license......2,000 [PL 2021, c. 186, §9 (AMD).] B. A refund of 50% of the fee must be returned to an applicant who withdraws an application within 30 days of its submission. [RR 2021, c. 2, Pt. B, §286 (COR).] C. The application fees established by this section are required for an initial application and for any substantial modification to the facility or to the license. The fee is not required for renewal applications or for an application to allow a change of ownership or operator, where, in such cases, no substantial change to the facility or license is sought. [PL 1981, c. 478, §7 (NEW).] [RR 2021, c. 2, Pt. B, §286 (COR).]

2. Annual fees. Licensed hazardous waste and waste oil facilities are subject to the following annual fees. A. Disposal facility ..................... $1,500 [PL 1981, c. 478, §7 (NEW).] B. Commercial treatment facility and on-site treatment facility ......................... 1,000 [PL 1981, c. 478, §7 (NEW).] C. Other waste facilities for hazardous waste, including storage facilities ..................500 [PL 1987, c. 787, §18 (AMD).] D. Waste oil facility ................500 [PL 2021, c. 186, §10 (AMD).] E. Treatment facility under license by rule provisions where the hazardous waste treated is 1,000 kilograms or less per calendar month..........................................100 [PL 1987, c. 787, §18 (AMD).] F. All other facilities for hazardous waste under license by rule provisions.....................200 [PL 1987, c. 787, §18 (NEW).] G. Facility post-closure license..............500 [PL 1989, c. 878, Pt. H, §10 (NEW).] [PL 2021, c. 186, §10 (AMD).]

3. Commercial and on-site treatment facilities. For the purposes of this section, a commercial treatment facility is a commercial hazardous waste facility which treats hazardous waste. An on-site treatment facility is a licensed hazardous waste treatment facility which uses a noncontinuous treatment process to treat in excess of 1,000 kilograms of hazardous waste in any calendar month. [PL 1981, c. 478, §7 (NEW).]
38 M.R.S. § 570-C — ME Code / Title 38 / Chapter 3 / Section 570-C
38 §570-C. Municipal ordinances; powers limited
Status: in_force

Nothing in this subchapter may be construed to deny any municipality, by ordinance or by law, the exercise of police powers under any general or special act, provided that ordinances and bylaws in furtherance of the intent of this subchapter and promoting the general welfare, public health and public safety are valid unless in direct conflict with this subchapter or any rule or order of the board or commissioner adopted under authority of this subchapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §153 (AMD).]
38 M.R.S. § 568 — ME Code / Title 38 / Chapter 3 / Section 568
38 §568. Cleanup and removal of prohibited discharges
Status: in_force

1. Removal. Any person discharging or suffering a discharge of oil from an underground oil storage facility or an aboveground oil storage facility in the manner prohibited by section 543 and any other responsible party shall immediately undertake to remove that discharge to the commissioner's satisfaction. Notwithstanding this requirement, the commissioner may order the removal of that discharge pursuant to subsection 3 or may undertake the removal of that discharge and retain agents and contractors for that purpose, who shall operate under the direction of the commissioner. Any unexplained discharge of oil within state jurisdiction must be removed by or under the direction of the commissioner. Any expenses involved in the removal of discharges, whether by the person causing the discharge, the person reporting the discharge, the commissioner or the commissioner's agents or contractors, may be paid in the first instance from the fund, including any expenses incurred by the State under subsection 3 , and any reimbursements due that fund must be collected in accordance with section 551, subsection 6 . [PL 2015, c. 319, §23 (AMD).]

2. Restoration of water supplies. The commissioner may clean up any discharge of oil and take temporary and permanent remedial actions at locations threatened or affected by the discharge of oil, including restoring or replacing water supplies contaminated or threatened by oil with alternatives the commissioner finds are cost effective, technologically feasible and reliable and that effectively mitigate or minimize damage to and provide adequate protection of the public health, welfare and the environment. When the remedial action taken includes the installation of a public water supply or the extension of mains of an existing utility, the department's obligation is limited to construction of those works that are necessary to furnish the contaminated or potentially contaminated properties with a supply of water sufficient for existing uses. The department is not obligated to contribute to a utility's system development charge or to provide works or water sources exceeding those required to abate the threats or hazards posed by the discharge. The fund may be used to pay costs of operation, maintenance and depreciation of the works or water supply for a period not exceeding 20 years. The commissioner shall consult with the affected party prior to selecting the alternative to be implemented. [PL 1991, c. 494, §8 (AMD).]

2-A. Limitation on clean-up responsibility. Notwithstanding subsections 1 and 2 , if a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with oil: A. Neither the commissioner nor the responsible party is obligated under this subchapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as described in section 548, subsection 1 ; and [PL 1993, c. 621, §3 (NEW).] B. The obligation under this subchapter of the commissioner or any responsible party with regard to replacement or treatment of the well is limited to reimbursement of the expense of installing the well and its proper abandonment if the well is installed in an area other than one described in paragraph A . The well owner is responsible in such a case for other expenses of replacing or treating the water supply well, including the cost of any pump or piping installed with the well. [PL 1993, c. 621, §3 (NEW).] For purposes of this subsection, "viable community public water system" has the same meaning as in section 548. [PL 1993, c. 621, §3 (NEW).]

3. Issuance of clean-up orders. The commissioner may investigate and sample sites where an oil discharge has or may have occurred to identify the source and extent of the discharge. During the course of the investigation, the commissioner may require submission of information or documents that relate or may relate to the discharge under investigation from any person who the commissioner has reason to believe may be a responsible party under this subchapter or subchapter 2‑A . If the commissioner finds, after investigation, that a discharge of oil has occurred and may create a threat to public health or the environment, including, but not limited to, contamination of a water supply, the commissioner may issue a clean-up order requiring the responsible party to cease the discharge immediately and to take action to prevent further discharge and to mitigate or terminate the threat of human exposure to contamination or to explosive vapors. In addition to other actions, including an action to prohibit product delivery under section 565‑A , the commissioner may, as part of any clean-up order, require the responsible party to provide temporary drinking water and water treatment systems approved by the commissioner, to sample and analyze wells, to compensate 3rd-party damages resulting from the discharge and to impose restrictions by deed covenant or other means on the use of the real property where the discharge occurred. The commissioner may also order that the responsible party take temporary and permanent remedial actions at locations threatened or affected by the discharge of oil, including a requirement that the responsible party restore or replace water supplies contaminated with oil with water supplies the commissioner finds are cost effective, technologically feasible and reliable and that effectively mitigate or minimize damage to, and provide adequate protection of, the public health, welfare and the environment. Clean-up orders may be issued only in compliance with the following procedures. A. Any orders issued under this section must contain findings of fact describing the manner and extent of oil contamination, the site of the discharge and the threat to the public health or environment. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §22 (AMD).] B. A responsible party to whom such an order is directed may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by a responsible party. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order was directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2005, c. 330, §22 (AMD).] C. Upon completion of the clean-up activity, the commissioner shall issue a letter to the responsible party or parties indicating that the clean-up order has been complied with for one or more parcels. [PL 1991, c. 433, §2 (NEW).] [PL 2009, c. 319, §8 (AMD).]

4. Enforcement; penalties; punitive damages. Enforcement, penalties and punitive damages are as follows. A. Any person who causes, or is responsible for, a discharge from an underground oil storage facility or an aboveground oil storage facility in violation of section 543 is not subject to any fines or penalties for a violation of section 543 for the discharge if that person promptly reports and removes that discharge in accordance with the rules and orders of the commissioner and the board. [PL 2009, c. 121, §13 (AMD).] B. Any responsible party who fails without sufficient cause to undertake removal or remedial action promptly in accordance with a clean-up order issued pursuant to subsection 3 is not eligible for coverage under the fund pursuant to section 568‑A, subsection 1 , and may be liable to the State for punitive damages in an amount at least equal to, and not more than 3 times, the amount of any sums expended from the fund in addition to reasonable attorney's fees as a result of failure to take prompt action. [PL 1991, c. 66, Pt. A, §28 (RPR).] C. Notwithstanding paragraphs A and B , a person who violates any laws or rules administered by the department under this subchapter is subject to the fines and penalties in section 349 . [PL 1991, c. 66, Pt. A, §28 (RPR).] [PL 2009, c. 121, §13 (AMD).]

5. Acquisition of property; authority. [PL 1991, c. 66, Pt. A, §28 (RP).]

5-A. Land acquisition. Upon approval of the board by 2/3 majority vote, the department may acquire by purchase, lease, condemnation, donation or otherwise, any real property or any interest in real property, to undertake remedial actions in response to a discharge of oil, including, but not limited to: A. Actions to prevent further discharge and to mitigate or terminate the threat of a discharge of oil; [PL 1991, c. 66, Pt. A, §28 (RPR).] B. Actions to clean up and remove oil from the site; and [PL 1991, c. 66, Pt. A, §28 (RPR).] C. Replacement of water supplies contaminated by or at significant risk of contamination by a discharge of oil. [PL 1991, c. 66, Pt. A, §28 (RPR).] The department may exercise the right of eminent domain in the manner described in Title 35‑A, chapter 65 , to take and hold real property to provide drinking water supplies to replace those contaminated by a discharge and to undertake soil and ground water remediation to protect water supplies that are at significant risk of contamination. The department may transfer or convey to any person real property or any interest in real property once acquired. [PL 1991, c. 66, Pt. A, §28 (RPR).]

6. Reimbursement. If the commissioner requires an underground oil storage facility owner or operator to remove or close an underground oil storage facility upon evidence of a leak and if after investigation that facility is found not to be the source of a leak, the commissioner shall immediately reimburse that facility owner or operator from the fund for the documented costs of that removal. The facility owner or operator may be reimbursed for damages resulting from the removal, such as loss of income, through the 3rd-party damage claim process in section 551 . [PL 2015, c. 319, §24 (AMD).]
38 M.R.S. § 632 — ME Code / Title 38 / Chapter 5 / Section 632
38 §632. Definitions
Status: in_force

As used in this subarticle, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 458, §18 (NEW).]

1. Board. "Board" means the Board of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "board" means the Maine Land Use Planning Commission. [PL 1983, c. 458, §18 (NEW); PL 2011, c. 682, §38 (REV).]

1-A. Commissioner. "Commissioner" means the Commissioner of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "commissioner" means the Director of the Maine Land Use Planning Commission. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §180 (NEW); PL 2011, c. 682, §38 (REV).]

2. Department. "Department" means the Department of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, "department" means the Maine Land Use Planning Commission. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §181 (AMD); PL 2011, c. 682, §38 (REV).]

3. Hydropower project. "Hydropower project" means any development that utilizes the flow or other movement of water, including tidal or wave action, as a source of electrical or mechanical power or that regulates the flow of water for the purpose of generating electrical or mechanical power. A hydropower project development includes all powerhouses, dams, water conduits, turbines or other in-stream power devices, generators, transmission lines, water impoundments, roads and other appurtenant works and structures that are part of the development. [PL 2007, c. 160, §1 (AMD).]
38 M.R.S. § 419-E — ME Code / Title 38 / Chapter 3 / Section 419-E
38 §419-E. Coal tar sealant products
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar and coal tar pitch. [PL 2019, c. 493, §1 (NEW).] B. "Coal tar sealant product" means a surface‑applied sealant product that contains coal tar or coal tar pitch volatiles. [PL 2019, c. 493, §1 (NEW).] C. "Polycyclic aromatic hydrocarbons" means a group of compounds that are by‑products of incomplete combustion, that include several carcinogens and that are designated as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 United States Code, Section 9602(a). [PL 2019, c. 493, §1 (NEW).] [PL 2019, c. 493, §1 (NEW).]

2. Sale of coal tar sealant products prohibited. Beginning October 1, 2023, a person may not sell at wholesale or retail a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area. [PL 2019, c. 493, §1 (NEW).]

3. Application of coal tar sealant products prohibited. Beginning October 1, 2024, a person may not apply on a driveway or parking area a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area. [PL 2019, c. 493, §1 (NEW).]

4. Exemptions. A person may request an exemption from the prohibitions in subsections 2 and 3 by submitting a written request to the commissioner. The request must include the reason an exemption is needed. The commissioner may exempt a person from the prohibitions in subsections 2 and 3 if the commissioner determines that the person is researching the effects of a coal tar sealant product on the environment or the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development. [PL 2019, c. 493, §1 (NEW).]
38 M.R.S. § 439-B — ME Code / Title 38 / Chapter 3 / Section 439-B
38 §439-B. Contractors certified in erosion control
Status: in_force

1. Definition. For purposes of this section, "excavation contractor" means an individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in a business in which the disturbance of soil results from an activity that the individual or firm is retained to perform. [PL 2007, c. 593, §2 (NEW).]

2. Certification required. An excavation contractor conducting excavation activity in a shoreland area shall ensure that a person certified in erosion control practices by the department: A. Is responsible for management of erosion and sediment control practices at the site; and [PL 2007, c. 593, §2 (NEW).] B. Is present at the site each day earth-moving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed. [PL 2007, c. 593, §2 (NEW).] The requirements of this subsection apply until erosion control measures that will permanently stay in place have been installed at the site or, if the site is to be revegetated, erosion control measures that will stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion have been installed. [PL 2007, c. 593, §2 (NEW).]

3. Application. This section does not apply to: A. Activities resulting in less than one cubic yard of earth material being added or displaced; [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).] B. A person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).] C. Municipal, state and federal employees engaged in projects associated with that employment. [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).] [PL 2013, c. 242, §2 (RPR); PL 2013, c. 320, §13 (RPR).]

4. Effective date. This section takes effect January 1, 2013. [PL 2007, c. 593, §2 (NEW).]
38 M.R.S. § 1284 — ME Code / Title 38 / Chapter 12-A / Section 1284
38 §1284. Assistance from other departments
Status: in_force

The Commissioner of Administration, the Commissioner of Labor and the Commissioner of Health and Human Services shall assist the Commissioner of Environmental Protection in the enforcement of the licensing and certification requirements of this chapter. [PL 1987, c. 448, §1-C (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
38 M.R.S. § 480-L — ME Code / Title 38 / Chapter 3 / Section 480-L
38 §480-L. Research
Status: in_force

The commissioner, in cooperation with other state agencies, is authorized to conduct research and studies to determine how the resource values of resources of state significance can be restored and enhanced. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
38 M.R.S. § 1310-T — ME Code / Title 38 / Chapter 13 / Section 1310-T
38 §1310-T. Application fee
Status: in_force

In addition to any fees imposed pursuant to section 352 , the applicant shall pay a fee of $50,000 at the time of filing an application for a solid waste disposal facility. An application is considered incomplete and the department shall defer any review or processing of the application until the applicant has paid the full $50,000 fee. The fee must be deposited in the Maine Environmental Protection Fund and used only to make reimbursements and grants to the intervenor in the applicant's license proceedings pursuant to section 1310‑S . The applicant releases all control over this money and does not retain any rights to audit the spending of these funds once the fee has been deposited in the Maine Environmental Protection Fund. Any portion of the fee not disbursed by the department for these purposes is reimbursed to the applicant, together with any interest that may have accrued on that portion. Upon request, the commissioner shall provide an audit report to the applicant after all the application and appeal proceedings before the department have concluded. [PL 1989, c. 15, §3 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §250 (AMD).]
38 M.R.S. § 341-D — ME Code / Title 38 / Chapter 2 / Section 341-D
38 §341-D. Board responsibilities and duties
Status: in_force

The board is charged with the following duties and responsibilities. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

1. Rulemaking. [PL 1995, c. 347, §1 (AMD); MRSA T. 38 §341-D, sub-§1 (RP).]

1-A. Rulemaking. [PL 1997, c. 364, §17 (AMD); MRSA T. 38 §341-D, sub-§1-A (RP).]

1-B. Rulemaking. [PL 2011, c. 304, Pt. H, §4 (RP).]

1-C. Rulemaking. The board shall adopt, amend or repeal rules in accordance with section 341‑H . [PL 2011, c. 304, Pt. H, §5 (NEW).]

1-D. Rulemaking. The board shall adopt rules as necessary for hearing appeals from insurance claims-related decisions of the commissioner and the State Fire Marshal under section 568‑A . Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 61, §1 (NEW).]

2. Permit and license applications. Except as otherwise provided in this subsection, the board shall assume jurisdiction of each application for approval of the following categories of permits and licenses: A. [PL 2011, c. 304, Pt. H, §6 (RP).] B. [PL 2011, c. 304, Pt. H, §6 (RP).] C. [PL 2011, c. 304, Pt. H, §6 (RP).] D. [PL 2011, c. 304, Pt. H, §6 (RP).] E. [PL 2023, c. 512, §1 (RP).] F. [PL 2023, c. 512, §1 (RP).] G. [PL 2023, c. 512, §1 (RP).] H. [PL 2023, c. 512, §1 (RP).] I. A new mining permit required pursuant to section 490‑OO ; [PL 2023, c. 512, §1 (NEW).] J. A license for a new solid waste disposal facility required pursuant to section 1310‑N ; [PL 2023, c. 512, §1 (NEW).] K. A permit for a new high-impact electric transmission line, as defined in Title 35‑A, section 3131, subsection 4‑A , required pursuant to chapter 3, subchapter 1, article 6 ; [PL 2023, c. 512, §1 (NEW).] L. A license for a new wastewater discharge required pursuant to section 413 that, as determined by the department, is expected to use more than 20% of the assimilative capacity of the receiving water; [PL 2023, c. 512, §1 (NEW).] M. A permit for a new offshore wind terminal required pursuant to chapter 3, subchapter 1, article 6 ; and [PL 2023, c. 512, §1 (NEW).] N. A permit for a new nuclear power plant, as defined in Title 35‑A, section 4352, subsection 9 , required pursuant to chapter 3, subchapter 1, article 6 . [PL 2023, c. 512, §1 (NEW).] The board shall also assume jurisdiction of each application for approval of permits and licenses that is referred to it jointly by the commissioner and the applicant. The board may not assume jurisdiction over an application for an expedited wind energy development as defined in Title 35‑A, section 3451, subsection 4 , for a certification pursuant to Title 35‑A, section 3456 or for a general permit pursuant to section 480‑HH or section 636‑A . Prior to holding a hearing on an application over which the board has assumed jurisdiction, the board shall ensure that the department and any outside agency review staff assisting the department in its review of the application have submitted to the applicant and the board their review comments on the application and any additional information requests pertaining to the application and that the applicant has had an opportunity to respond to those comments and requests. If additional information needs arise during the hearing, the board shall afford the applicant a reasonable opportunity to respond to those information requests prior to the close of the hearing record. [PL 2023, c. 512, §1 (AMD).]

3. Modification or corrective action. At the request of the commissioner and after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4 , the board may modify in whole or in part any license, or may issue an order prescribing necessary corrective action, whenever the board finds that any of the criteria in section 342, subsection 11‑B have been met. The board may modify a license or order corrective action as authorized by this subsection at any time, including during the pendency of a judicial appeal of a final decision regarding the license. A. [PL 2011, c. 304, Pt. H, §7 (RP).] B. [PL 2011, c. 304, Pt. H, §7 (RP).] C. [PL 2011, c. 304, Pt. H, §7 (RP).] D. [PL 2011, c. 304, Pt. H, §7 (RP).] E. [PL 2011, c. 304, Pt. H, §7 (RP).] F. [PL 2011, c. 304, Pt. H, §7 (RP).] G. [PL 2011, c. 304, Pt. H, §7 (RP).] For the purposes of this subsection, "license" includes any license, permit, order, approval or certification issued by the department. [PL 2023, c. 139, §1 (AMD).]

4. Appeal or review. The board shall review, may hold a hearing at its discretion on and may affirm, amend, reverse or remand to the commissioner for further proceedings any of the following: A. Final license or permit decisions made by the commissioner when a person aggrieved by a decision of the commissioner appeals that decision to the board within 30 days of the date of the decision. An appellant shall identify in the appeal the licensing or permitting criterion or standard the appellant believes was not satisfied in the commissioner's final license or permit decision. Any proposed supplemental evidence offered by an appellant must be included with the filing of the appeal. The board staff shall issue to the licensee or permittee, if the licensee or permittee is not the appellant, and to any persons who have requested to be notified of the license or permit decision written notice of the filing of the appeal and identify any proposed supplemental evidence offered by the appellant. Within 30 days of the issuance of the written notice of the filing of the appeal by the board staff, the licensee or permittee, if the licensee or permittee is not the appellant, and any interested parties identified by the commissioner pursuant to section 344, subsection 4‑A, paragraph B may submit supplemental evidence to the board and the appellant addressing the issues raised in the appeal. The board may allow the record to be supplemented when it finds that the evidence offered is relevant and material and that: (1) An interested party seeking to supplement the record has shown due diligence in bringing the evidence to the licensing process at the earliest possible time; or (2) The evidence is newly discovered and could not, by the exercise of diligence, have been discovered in time to be presented earlier in the licensing process. The board shall admit into the record additional evidence and analysis submitted by department staff in response to issues raised in the appeal and any supplemental evidence allowed by the board in accordance with this paragraph. The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes to a final license or permit decision of the commissioner made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any other evidence obtained by the board through any hearing on the appeal held by the board. If the board modifies or reverses a final license or permit decision of the commissioner pursuant to this paragraph, the licensee or permittee shall implement any changes to the project necessary to comply with the decision of the board, which may include, but are not limited to, deconstruction and site restoration, and the department may initiate enforcement actions pursuant to section 347‑A and impose penalties pursuant to section 349 if the licensee or permittee fails to satisfactorily implement those changes; [PL 2023, c. 512, §2 (AMD).] B. [PL 2011, c. 304, Pt. H, §8 (RP).] C. License or permit decisions appealed to the board under another law. Unless the law provides otherwise, the standard of review is the same as provided under paragraph A ; [PL 2023, c. 61, §2 (AMD).] D. License or permit decisions regarding an expedited wind energy development as defined in Title 35‑A, section 3451, subsection 4 or a general permit pursuant to section 480‑HH or section 636‑A . In reviewing an appeal of a license or permit decision by the commissioner under this paragraph, the board shall base its decision on the administrative record of the department, including the record of any adjudicatory hearing held by the department, and any supplemental information allowed by the board for supplementation of the record. The board may remand the decision to the department for further proceedings if appropriate. The chair of the Public Utilities Commission or the chair's designee may serve as a nonvoting member of the board and is entitled to fully participate but is not required to attend meetings and hearings when the board considers an appeal pursuant to this paragraph. The chair's participation on the board pursuant to this paragraph does not affect the ability of the Public Utilities Commission to submit information to the department for inclusion in the record of any proceeding before the department; and [PL 2023, c. 61, §3 (AMD).] E. Decisions on insurance claims-related matters heard under section 568‑A , including but not limited to decisions on eligibility for coverage, eligibility of costs and waiver and amount of deductible. Except as provided in board rules, an applicant must file the appeal not later than the 30th day after the applicant receives the decision made under section 568‑A . If the board overturns the decision made under section 568‑A , the department must pay reasonable costs, including reasonable attorney's fees, incurred by the aggrieved applicant in pursuing the appeal to the board from the Maine Ground and Surface Waters Clean-up and Response Fund established under section 551 . Reasonable attorney's fees include only those fees incurred from the time of an insurance claims-related decision forward. Decisions of the board are subject to judicial review pursuant to Title 5, chapter 375, subchapter 7 . [PL 2023, c. 61, §4 (NEW).] [PL 2023, c. 512, §2 (AMD).]

5. Requests for reconsideration. [PL 2011, c. 304, Pt. H, §10 (RP).]

6. Enforcement. The board shall: A. [PL 2011, c. 304, Pt. H, §11 (RP).] B. [PL 2011, c. 304, Pt. H, §11 (RP).] C. [PL 2011, c. 304, Pt. H, §11 (RP).] D. [PL 2011, c. 304, Pt. H, §11 (RP).] E. Advise the commissioner on enforcement priorities and activities; [PL 2019, c. 315, §4 (NEW).] F. Advise the commissioner on the adequacy of penalties and enforcement activities; [PL 2019, c. 315, §4 (NEW).] G. Approve administrative consent agreements pursuant to section 347‑A, subsection 1 ; and [PL 2019, c. 315, §4 (NEW).] H. Hear appeals of emergency orders pursuant to section 347‑A, subsection 3 . [PL 2019, c. 315, §4 (NEW).] [PL 2019, c. 315, §4 (AMD).]

7. Reports to the Legislature. The board shall report to the joint standing committee of the Legislature having jurisdiction over natural resource matters by January 15th of the first regular session of each Legislature on the effectiveness of the environmental laws of the State and any recommendations for amending those laws or the laws governing the board. [PL 2011, c. 304, Pt. H, §12 (AMD).]

8. Other duties. The board shall carry out other duties as required by law. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 349-L — ME Code / Title 38 / Chapter 2 / Section 349-L
38 §349-L. Scope of program
Status: in_force

This subchapter is intended to enhance the protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of state and federal environmental requirements. An environmental audit program and a compliance management system developed under this subchapter may be part of a regulated entity's comprehensive environmental management system. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 2171 — ME Code / Title 38 / Chapter 24 / Section 2171
38 §2171. Citizen advisory committee
Status: in_force

The municipal officers of each municipality identified by the bureau as a potential site for a waste disposal facility and each contiguous municipality that may be affected by the construction or operation of that facility shall jointly establish a single citizen advisory committee within 60 days of notification pursuant to section 2155 . [PL 2011, c. 655, Pt. GG, §51 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Membership. The committee must be comprised of citizens from each affected municipality, appointed by the municipal officers, including, but not limited to: a local health officer; a municipal officer; and at least 3 additional residents of the municipality, including abutting property owners and residents potentially affected by pollution from the facility. In addition, each committee may include members representing any of the following interests: environmental and community groups; labor groups; professionals with expertise relating to landfills or incinerators; experts in the areas of chemistry, epidemiology, hydrogeology and biology; and legal experts. [PL 2007, c. 598, §15 (AMD).]

2. Meetings. The committee shall meet as soon as practical following appointment of its members and shall select a chair from among its members. The committee shall establish procedures for the conduct of meetings. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Responsibilities. Each committee established under this section may: A. Review proposed contracts, site analyses, applications and other documents relating to the location, construction, permitting and operation of the facility; [PL 1993, c. 310, Pt. B, §5 (AMD).] B. Hold periodic public meetings to solicit the opinions of residents concerning the facility and any permit applications, contracts or other provisions relating to the facility and the regional plan; [PL 1993, c. 310, Pt. B, §5 (AMD).] C. Provide the project developer and department with any alternative contract provisions, permit conditions, plans or procedures it considers appropriate; and [PL 1993, c. 310, Pt. B, §5 (AMD).] D. Serve as a liaison between the community and the project developer or the commissioner to facilitate communications during the development and operation of the facility, and provide residents with updated information about the project, including providing explanations of any technical terms. [PL 1993, c. 310, Pt. B, §5 (AMD).] [PL 1993, c. 310, Pt. B, §5 (AMD).]

4. Unincorporated townships and plantations. For the purposes of this subchapter, county commissioners shall act as municipal officers for unincorporated townships and assessors of plantations shall act as municipal officers for plantations. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 162 — ME Code / Title 38 / Chapter 1 / Section 162
38 §162. Charterer deemed owner; responsibility to real owner
Status: in_force

For the purposes of section 161, the charterer of any vessel, navigating the same at the charterer's own expense, is deemed the owner. If loss happens to any person from the causes therein mentioned and it is compensated from the freight or vessel, the owner thereof may recover the amount from the charterer. [RR 2021, c. 2, Pt. B, §233 (COR).]
38 M.R.S. § 713 — ME Code / Title 38 / Chapter 5 / Section 713
38 §713. Action for unpaid damages; lien
Status: in_force

The party entitled to such annual compensation may maintain a civil action therefor against any person who owns or occupies said mill, or canal and mills supplied thereby, when the action is brought; and shall therein recover the whole sum due and unpaid, with costs; and shall have a lien for such compensation, from the time of the institution of the original complaint, on the mill and milldam, or on the canal and the mill supplied thereby, with the appurtenances and the land under and adjoining them and used therewith, for any sum due not more than 3 years before the commencement of the complaint.
38 M.R.S. § 490-M — ME Code / Title 38 / Chapter 3 / Section 490-M
38 §490-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres
Status: in_force

An excavation of less than 5 acres of land for clay, topsoil or silt must be conducted and reclaimed in accordance with the following standards. [PL 1995, c. 700, §34 (NEW).]

1. Stabilization and control. Sediment may not leave the parcel or enter a protected natural resource as defined in section 480‑B . Properly installed erosion control measures must be in place before the excavation begins. Vegetative cover must be established on all affected land. Topsoil must be placed, seeded and mulched within 7 days of final grading. Permanent vegetative cover is acceptable for purposes of erosion control if, within one growing season of seeding, the planting of trees and shrubs results in a permanent stand or a stand capable of regeneration and succession sufficient to ensure a 75% survival rate and the planting of all materials in permanent 90% ground coverage. [PL 1995, c. 700, §34 (NEW).]

2. Phases. The excavation must be reclaimed in phases so that the working pit does not exceed 2 acres at any one time. [PL 1995, c. 700, §34 (NEW).]
38 M.R.S. § 585-J — ME Code / Title 38 / Chapter 4 / Section 585-J
38 §585-J. Architectural coatings
Status: in_force

1. Manufactured on or after January 1, 2006. A person may not manufacture, blend or repackage for sale within the State, supply, sell or offer for sale within the State or solicit for application or apply within the State, any architectural or industrial maintenance coating manufactured on or after January 1, 2006 that contains volatile organic compounds in excess of limits specified in this subsection. Limits are expressed in grams of volatile organic compounds per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds or colorant added to tint bases. "Manufacturer's maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container. A. Interior wood clear and semitransparent stains may not contain volatile organic compounds in excess of 550 grams per liter. [PL 2005, c. 181, §1 (NEW).] B. Varnishes may not contain volatile organic compounds in excess of 450 grams per liter. Effective January 1, 2011, varnishes may not contain volatile organic compounds in excess of 350 grams per liter. [PL 2005, c. 181, §1 (NEW).] [PL 2005, c. 181, §1 (NEW).]

2. Manufactured prior to January 1, 2006. An architectural or industrial maintenance coating manufactured prior to January 1, 2006 may be sold, supplied, offered for sale or applied after January 1, 2006 as long as the architectural or industrial maintenance coating complies with the standards in effect at the time the coating was manufactured, and the coating displays the date of manufacture on the lid, label or bottom of the container. [PL 2005, c. 181, §1 (NEW).]

3. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 181, §1 (NEW).]
38 M.R.S. § 567-A — ME Code / Title 38 / Chapter 3 / Section 567-A
38 §567-A. Certifications
Status: in_force

1. Cathodic protection tester. The commissioner may certify a person as a cathodic protection tester on finding that the person understands the principles and measurements of all common types of cathodic protection systems as applied to buried metal piping and tank systems. At a minimum, these persons must have education and experience in soil resistivity, stray current, structure-to-soil potential and component electrical isolation measurements of buried metal piping and tank systems. [PL 1989, c. 865, §13 (NEW).]

2. Corrosion expert. The commissioner may certify a person as a corrosion expert on finding that the person has a thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by professional education and related practical experience and is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. That person must be accredited as being qualified by the National Association of Corrosion Engineers or be a professional engineer registered in this State who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks. [PL 1989, c. 865, §13 (NEW).]
38 M.R.S. § 1043 — ME Code / Title 38 / Chapter 10 / Section 1043
38 §1043. Conditions for carrying out work
Status: in_force

When a standard district enters, digs up or excavates any public way or other land to lay or maintain its sewers, drains or pipes, constructing manholes or catch basins or other appurtenances or for any other purpose, the work must be done expeditiously. On completion of the work the standard district shall restore the public way or land to its condition prior to such work or to a condition equally good. If the work is being undertaken in a municipality and could potentially endanger travel on a public way, the municipal officers of the municipality in which the work is being done may order a temporary closing of the public way and of any intersecting way. Upon request of the standard district, the public way must remain closed to public travel until the municipal officers of the unit of local government determines the public way is restored to a condition safe for traffic. If the work is being undertaken in an unorganized territory and could potentially endanger travel on a public way, the commissioners of the county where the public way is located may order a temporary closing of the public way and of any intersecting way. Upon request of the standard district, the public way must remain closed to public travel until the county commissioners determine the public way is restored to a condition safe for traffic. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1365 — ME Code / Title 38 / Chapter 13-B / Section 1365
38 §1365. Designation of uncontrolled hazardous substance sites
Status: in_force

1. Investigation. Upon finding, after investigation, that a location at which hazardous substances are or were handled or otherwise came to be located may create a danger to the public health, to the safety of any person or to the environment, the commissioner may: A. Designate that location as an uncontrolled hazardous substance site; [PL 2005, c. 330, §34 (NEW).] B. Order any responsible party dealing with the hazardous substances to cease immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger; and [PL 2005, c. 330, §34 (NEW).] C. Order any person contributing to the danger or likelihood of danger to cease or prevent that contribution. [PL 2005, c. 330, §34 (NEW).] [PL 2005, c. 330, §34 (RPR).]

2. Orders. Any order issued under this section shall contain findings of fact describing, insofar as possible, the hazardous substances, the site of the activity and the danger to the public health or safety. [PL 1983, c. 569, §1 (NEW).]

3. Service. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §35 (AMD).]

4. Compliance; appeal. The person to whom the order is directed shall comply immediately and may apply to the board for a hearing on the order if the application is made within 10 working days after service of the order pursuant to subsection 3 . As expeditiously as possible, but in no case later than 90 days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the board decision. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2025, c. 52, §2 (AMD).]

5. Civil action. The Attorney General may file suit in Superior Court to compel any responsible party to abate, clean up or mitigate threats or hazards posed or potentially posed by an uncontrolled site. [PL 1983, c. 569, §1 (NEW).]

6. Enforcement; penalties; punitive damages. Any responsible party who fails without sufficient cause to undertake removal or remedial action promptly in accordance with an order issued pursuant to section 1304, subsection 12 and this section may be liable to the State for punitive damages in an amount at least equal to, and not more than 3 times, the amount expended by the commissioner as a result of such failure to take proper action. The Attorney General is authorized to commence a civil action against any such responsible party to recover the punitive damages, which are in addition to any fines and penalties established pursuant to section 349 . Any money received by the commissioner pursuant to this subsection must be deposited in the Uncontrolled Sites Fund. [PL 1993, c. 355, §61 (NEW).]
38 M.R.S. § 424 — ME Code / Title 38 / Chapter 3 / Section 424
38 §424. Voluntary water quality monitors
Status: in_force

The Commissioner of Environmental Protection may appoint voluntary water quality monitors to serve at the will and pleasure of the commissioner. [PL 1973, c. 572, §1 (NEW).]

Such monitors are authorized to take water samples and tests of the waters of this State at such times and at such places and in such manner as the commissioner directs and to forward such water samples and test results to the commissioner for analysis. [RR 2021, c. 2, Pt. B, §234 (COR).]

The commissioner is authorized to provide such monitors with such sampling materials and equipment as the commissioner determines necessary. Such equipment and materials at all times remain the property of the State and must be immediately returned to the commissioner upon the commissioner's direction. [RR 2021, c. 2, Pt. B, §234 (COR).]

Such monitors may not be construed to be employees of this State for any purpose. [RR 2021, c. 2, Pt. B, §234 (COR).]

The commissioner or the commissioner's representative shall conduct schools to instruct the monitors in the methods and techniques of water sample taking and issue to the monitors an identification card or certificate showing their appointment and training. [RR 2021, c. 2, Pt. B, §234 (COR).]
38 M.R.S. § 1310-AA — ME Code / Title 38 / Chapter 13 / Section 1310-AA
38 §1310-AA. Public benefit determination
Status: in_force

1. Application for public benefit determination. Prior to submitting an application under section 1310‑N for a license for a new or expanded solid waste disposal facility, a person must apply to the commissioner for a determination of whether the proposed facility provides a substantial public benefit. [PL 1995, c. 465, Pt. A, §22 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

1-A. Public benefit determination for acceptance by publicly owned solid waste landfills of waste generated out of state. Prior to accepting waste that is not waste generated within the State, a solid waste facility that is subject to this subsection shall apply to the commissioner for a determination of whether the acceptance of the waste provides a substantial public benefit. A. A facility is subject to this subsection if the facility is a solid waste landfill that is not a commercial solid waste disposal facility pursuant to: (1) Section 1303‑C, subsection 6, paragraph A‑2 ; (2) Section 1303‑C, subsection 6, paragraph B‑2 ; or (3) Section 1303‑C, subsection 6, paragraph C‑2 . [PL 2007, c. 338, §3 (NEW); PL 2007, c. 338, §5 (AFF).] B. A facility that is subject to this subsection may not accept waste that is not waste generated within the State unless the commissioner determines that the acceptance of the waste provides a substantial public benefit. [PL 2019, c. 619, §6 (AMD).] C. The commissioner shall make the determination of public benefit in accordance with subsections 2 and 3 . [PL 2007, c. 338, §3 (NEW); PL 2007, c. 338, §5 (AFF).] D. [PL 2019, c. 619, §6 (RP).] [PL 2019, c. 619, §6 (AMD).]

1-B. State-owned solid waste disposal facilities. This subsection applies to public benefit determinations for solid waste disposal facilities owned by the State. A. The department may not process or act upon any application for a new, modified or amended solid waste license for a solid waste disposal facility acquired by the State after January 1, 2007, including an application to expand, until the facility has applied for and received a public benefit determination. [PL 2013, c. 243, §2 (NEW).] B. A solid waste disposal facility owned by the State before January 1, 2007 is deemed to hold a public benefit determination for the licensed disposal capacity at the facility on the effective date of this subsection. The department may require the holder of a public benefit determination under this paragraph to submit an application for a modified public benefit determination if the department finds that a material change in the underlying facts or circumstances has occurred or is proposed, including, but not limited to, a change in the disposal capacity or a change of the owner or operator of the facility. The department may not process or act upon any application to expand a solid waste disposal facility owned by the State before January 1, 2007 until the facility has applied for and received a public benefit determination. [PL 2013, c. 243, §2 (NEW).] [PL 2013, c. 243, §2 (NEW).]

2. Process. Determinations by the commissioner under this section are not subject to Title 5, chapter 375, subchapter 4 . The applicant shall provide public notice of the filing of an application under this section in accordance with department rules. The department shall accept written public comment during the course of processing the application. In making the determination of whether the facility under subsection 1 or the acceptance of waste that is not waste generated within the State under subsection 1‑A provides a substantial public benefit, the commissioner shall consider the state plan, written information submitted in support of the application and any other written information the commissioner considers relevant. The commissioner shall hold a public meeting in the vicinity of the proposed facility under subsection 1 or the solid waste landfill under subsection 1‑A to take public comments and shall consider those comments in making the determination. The commissioner shall issue a decision on the matter within 60 days of receipt of the application. The commissioner's decisions under this section may be appealed to the board, but the board is not authorized to assume jurisdiction of a decision under this section. [PL 2019, c. 619, §7 (AMD).]

3. Standards for determination. The commissioner shall find that the proposed facility under subsection 1 or the acceptance of waste that is not waste generated within the State under subsection 1‑A provides a substantial public benefit if the applicant demonstrates to the commissioner that the proposed facility or the acceptance of waste that is not waste generated within the State: A. Meets immediate, short-term or long-term capacity needs of the State. For purposes of this paragraph, "immediate" means within the next 3 years, "short-term" means within the next 5 years and "long-term" means within the next 10 years. When evaluating whether a proposed facility meets the capacity needs of the State, the commissioner shall consider relevant local and regional needs as appropriate and the regional nature of the development and use of disposal capacity due to transportation distances and other factors; [PL 2011, c. 566, §4 (AMD).] B. Except for expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling, is consistent with the state waste management and recycling plan and promotes the solid waste management hierarchy as set out in section 2101 ; [PL 2011, c. 566, §5 (AMD).] C. Is not inconsistent with local, regional or state waste collection, storage, transportation, processing or disposal; [PL 2021, c. 626, §3 (AMD).] D. For a determination of public benefit under subsection 1‑A only, facilitates the operation of a solid waste disposal facility and the operation of that solid waste disposal facility would be precluded or significantly impaired if the waste is not accepted; and [PL 2021, c. 626, §4 (AMD).] E. For a proposed facility or the expansion of a facility, is not inconsistent with ensuring environmental justice for the community in which the facility or expansion is proposed. As used in this paragraph, "environmental justice" means the right to be protected from environmental pollution and to live in and enjoy a clean and healthful environment regardless of ancestry, class, disability, ethnicity, income, national origin or religion. "Environmental justice" includes the equal protection and meaningful involvement of all people with respect to the development, implementation and enforcement of waste management laws, rules, regulations and licensing decisions. [PL 2021, c. 626, §5 (NEW).] [PL 2021, c. 626, §§3-5 (AMD).]

4. Application. This section does not apply to facilities described in section 1310‑N, subsection 3‑A, paragraph A . [PL 2009, c. 348, §1 (AMD); PL 2009, c. 348, §3 (AFF).]

5. Modifications. Public benefit determinations may be revised by the department if the department finds that a material change in the underlying facts or circumstances upon which a public benefit determination was based has occurred or is proposed, including, but not limited to, a change related to disposal capacity or a change of the owner or operator of a facility. The department may require the holder of a public benefit determination to submit an application for modification of that determination if the department finds that a change in the underlying facts or circumstances has occurred or is proposed. [PL 2011, c. 566, §6 (AMD).]

6. Substantial public benefit. [PL 2013, c. 243, §3 (RP).]

7. Decision making. When making a decision on an application for a determination of public benefit, the commissioner: A. May issue a full or partial approval of an application, with or without conditions; and [PL 2011, c. 566, §7 (NEW).] B. For an application related to a state-owned solid waste disposal facility, shall conduct a review that is in accordance with the provisions of this section and is independent of any other contract or agreement between the State and the facility operator or any other party concerning the operation or development of the facility. [PL 2011, c. 566, §7 (NEW).] [PL 2011, c. 566, §7 (NEW).]
38 M.R.S. § 423-D — ME Code / Title 38 / Chapter 3 / Section 423-D
38 §423-D. Graywater and blackwater discharges from commercial passenger vessels
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Blackwater" means human bodily wastes and the wastes from toilets and other receptacles intended to receive or retain human bodily wastes. [PL 2003, c. 650, §2 (NEW).] B. "Coastal waters" means those portions of the Atlantic Ocean within the jurisdiction of the State and all other waters of the State subject to the rise and fall of the tide. [PL 2003, c. 650, §2 (NEW).] C. "Commercial passenger vessel" means a large or small commercial passenger vessel. [PL 2003, c. 650, §2 (NEW).] D. "Graywater" means galley, dishwasher, bath and laundry wastewater. "Graywater" does not include other wastes or waste streams. [PL 2003, c. 650, §2 (NEW).] E. "Large commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for 250 or more passengers for hire, determined with reference to the number of lower berths. [PL 2003, c. 650, §2 (NEW).] F. "No-discharge zone" means an area within coastal waters that has been designated by the United States Environmental Protection Agency pursuant to 33 United States Code, Section 1322, to be an area in which discharge of blackwater is prohibited. [PL 2003, c. 650, §2 (NEW).] G. "Small commercial passenger vessel" means a commercial passenger vessel that provides overnight accommodations for fewer than 250 passengers for hire, determined with reference to the number of lower berths. [PL 2003, c. 650, §2 (NEW).] [PL 2003, c. 650, §2 (NEW).]

2. Licensing exemptions. A license is not required pursuant to section 413 prior to the discharge of graywater to coastal waters from: A. A small commercial passenger vessel; [PL 2003, c. 650, §2 (NEW).] B. A commercial passenger vessel operated by the United States or a foreign government; or [PL 2003, c. 650, §2 (NEW).] C. A commercial passenger vessel if the discharge is made for the purpose of securing the vessel or saving life at sea, and as long as all reasonable precautions have been taken to prevent or minimize the discharge. A discharge as described in this paragraph must be reported in accordance with subsection 3 . [PL 2003, c. 650, §2 (NEW).] [PL 2003, c. 650, §2 (NEW).]

3. Report of unauthorized discharge. Discharges of blackwater or graywater from a large commercial passenger vessel to coastal waters must be reported to the department as provided in this subsection. A. The owner or operator of a large commercial passenger vessel that discharges blackwater within a no-discharge zone or discharges blackwater in violation of federal law outside a no-discharge zone shall immediately report that discharge to the department. The owner or operator shall submit a written report concerning the discharge to the department within 30 days of the discharge. [PL 2003, c. 650, §2 (NEW).] B. Beginning January 1, 2006, the owner or operator of a large commercial passenger vessel that discharges graywater without a license or in a manner inconsistent with a license issued pursuant to section 413 shall immediately report that discharge to the department. The owner or operator shall also submit a written report concerning the discharge to the department within 30 days of the discharge. [PL 2003, c. 650, §2 (NEW).] [PL 2003, c. 650, §2 (NEW).]

4. Prohibited discharges; exemption; general permit requirement. The following provisions govern the discharge of graywater and a mixture of graywater and blackwater from large commercial passenger vessels. A. The owner or operator of a large commercial passenger vessel may not discharge graywater or a mixture of graywater and blackwater to coastal waters. [PL 2003, c. 650, §2 (NEW).] B. Notwithstanding paragraph A , beginning January 1, 2006, the owner or operator of a large commercial passenger vessel may discharge graywater or a mixture of graywater and blackwater to coastal waters if: (1) The discharge is permitted and meets standards for continuous discharge under the federal Consolidated Appropriations Act of 2001, Public Law 106-554, Section 1(a)(4) and Appendix D, Division B, Title XIV, Section 1404(b) or (c), 114 Stat. 2763, 2763A-316; (2) While operating in coastal waters, the owner or operator of the large commercial passenger vessel maintains a discharge record book as required by 33 Code of Federal Regulations 159.315 (2003); (3) The owner or operator of the large commercial passenger vessel meets the sampling and reporting requirements of 33 Code of Federal Regulations 159.317 (2003) prior to and while operating in coastal waters, except that instead of meeting the requirements in 33 Code of Federal Regulations 159.317(a)(2) the owner or operator of the large commercial passenger vessel shall, not less than 30 days nor more than 120 days prior to the large commercial passenger vessel's initial entry into the coastal waters during any calendar year, provide a certification to the department that the large commercial passenger vessel's graywater and mixture of graywater and blackwater meets the standards specified in subparagraph (1); and (4) The department issues the owner or operator of the large commercial passenger vessel a general permit to discharge graywater or a mixture of graywater and blackwater. For purposes of this paragraph, the department shall adopt rules, which are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A , to implement the requirements in the federal Consolidated Appropriations Act of 2001, Public Law 106-554, Section 1(a)(4) and Appendix D, Division B, Title XIV, Section 1404(b) or (c), 114 Stat. 2763, 2763A-316 and Code of Federal Regulations 159.315 and 159.317 (2003) with the following changes: "Maine" is substituted for "Alaska," "Department of Environmental Protection" is substituted for "Captain of the Port" and for "Coast Guard," and "graywater or a mixture of graywater and blackwater" is substituted for "treated sewage and/or graywater." The department shall enter into a memorandum of agreement with the United States Coast Guard to consolidate information requirements of the department and the United States Coast Guard to the extent acceptable to the United States Coast Guard. [PL 2003, c. 650, §2 (NEW).] [PL 2003, c. 650, §2 (NEW).]

5. Agent for service of process. The owner or operator of a commercial passenger vessel shall continuously maintain a designated agent for service of process whenever the commercial passenger vessel is in coastal waters. The agent must be an individual resident of the State, a domestic corporation or a foreign corporation having a place of business in and authorized to do business in the State. "Agent for service of process" means an agent upon whom process, notice of or demand required or permitted by law to be served upon the owner or operator may be served. [PL 2003, c. 650, §2 (NEW).]

6. Innocent passage. This section does not apply to a commercial passenger vessel that operates in the coastal waters of the State solely in innocent passage. For purposes of this paragraph, a commercial passenger vessel is engaged in innocent passage if its operation in coastal waters of the State, regardless of whether the vessel is a United States or foreign-flag vessel, would constitute innocent passage under the: A. Convention on the Territorial Sea and the Contiguous Zone, April 29, 1958, 15 U.S.T. 1606; or [PL 2003, c. 650, §2 (NEW).] B. United Nations Convention on the Law of the Sea 1982, December 10, 1982, United Nations publication No. E.83.V.5, 21 I.L.M. 1261 (1982), were the vessel a foreign-flag vessel. [PL 2003, c. 650, §2 (NEW).] [PL 2003, c. 650, §2 (NEW).]
38 M.R.S. § 1691 — ME Code / Title 38 / Chapter 16-D / Section 1691
38 §1691. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 643, §2 (NEW).]

1. Alternative. "Alternative" means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a children's product. [PL 2007, c. 643, §2 (NEW).]

2. Chemical. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. [PL 2007, c. 643, §2 (NEW).]

2-A. Chemical of concern. "Chemical of concern" means a chemical identified by the department pursuant to section 1693 . [PL 2011, c. 319, §2 (NEW).]

3. Chemical of high concern. "Chemical of high concern" means a chemical identified by the department pursuant to section 1693‑A . [PL 2011, c. 319, §2 (AMD).]

4. Chemical of low concern. "Chemical of low concern" means a chemical for which adequate toxicity and environmental data are available to determine that it is not a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of unknown concern. [PL 2011, c. 319, §2 (AMD).]

5. Chemical of potential concern. "Chemical of potential concern" means a chemical identified by an authoritative governmental entity on the basis of credible scientific evidence as being suspected of causing an adverse health or environmental effect listed in section 1693, subsection 1 . [PL 2011, c. 319, §2 (AMD).]

6. Chemical of unknown concern. "Chemical of unknown concern" means a chemical for which insufficient data are available to classify it as a chemical of high concern, a chemical of concern, a chemical of potential concern or a chemical of low concern. [PL 2011, c. 319, §2 (AMD).]

7. Children's product. "Children's product" means a consumer product intended for, made for or marketed for use by children under 12 years of age, such as baby products, toys, car seats, personal care products and clothing, and any consumer product containing a chemical of high concern that when used or disposed of will likely result in a child under 12 years of age or a fetus's being exposed to that chemical. [PL 2011, c. 319, §2 (AMD).]

8. Consumer product. "Consumer product" means any item sold for residential or commercial use, including any component parts and packaging, that is sold for: A. An indoor use in a residence, child care facility or school; or [PL 2011, c. 319, §2 (NEW).] B. An outdoor residential use if a child under 12 years of age may have direct contact with the item. [PL 2011, c. 319, §2 (NEW).] "Consumer product" does not include a food or beverage or an additive to a food or beverage, a tobacco product or paper or forest products or a pesticide regulated by the United States Environmental Protection Agency. "Consumer product" also does not include a drug or biologic regulated by the United States Department of Health and Human Services, Food and Drug Administration or the packaging of a drug or biologic regulated by the Food and Drug Administration if the packaging is regulated by the Food and Drug Administration. "Consumer product" also does not include an item sold for outdoor residential use that consists of a composite material made from polyester resins. [PL 2011, c. 319, §2 (AMD).]

8-A. Credible scientific evidence. "Credible scientific evidence" means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or publication of an authoritative federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency. [PL 2011, c. 319, §2 (NEW).]

8-B. De minimis level. "De minimis level" means: A. For a chemical of high concern or priority chemical that is an intentionally added chemical in a component of a children's product, the practical quantification limit; or [PL 2011, c. 319, §2 (NEW).] B. For a chemical of high concern or priority chemical that is a contaminant present in a component of a children's product, a concentration of 100 parts per million. [PL 2011, c. 319, §2 (NEW).] [PL 2011, c. 319, §2 (NEW).]

9. Distributor. "Distributor" means a person who sells consumer products to retail establishments on a wholesale basis. [PL 2007, c. 643, §2 (NEW).]

9-A. Intentionally added chemical. "Intentionally added chemical" means a chemical that was added during the manufacture of a product or product component to provide a specific characteristic, appearance or quality or to perform a specific function. [PL 2011, c. 319, §2 (NEW).]

10. Manufacturer. "Manufacturer" means any person who manufactured a final consumer product or whose brand name is affixed to the consumer product. In the case of a consumer product that was imported into the United States, "manufacturer" includes the importer or first domestic distributor of the consumer product if the person who manufactured or assembled the consumer product or whose brand name is affixed to the consumer product does not have a presence in the United States. [PL 2007, c. 643, §2 (NEW).]

10-A. Practical quantification limit. "Practical quantification limit" means the lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions. The practical quantification limit is based on scientifically defensible, standard analytical methods. The practical quantification limit for a given chemical may be different depending on the matrix and the analytical method used. [PL 2011, c. 319, §2 (NEW).]

11. Priority chemical. "Priority chemical" means a chemical identified as such by the department pursuant to section 1694, subsection 1 . [PL 2019, c. 315, §15 (AMD).]

12. Safer alternative. "Safer alternative" means an alternative that, when compared to a priority chemical that it could replace, would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential for harm to human health or the environment as that priority chemical. [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 3306 — ME Code / Title 38 / Chapter 37 / Section 3306
38 §3306. Enforcement
Status: in_force

Any person described in Title 12, section 10403 may enforce the provisions of this chapter. [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 484-B — ME Code / Title 38 / Chapter 3 / Section 484-B
38 §484-B. Additional standards for quarries and excavations
Status: in_force

In addition to other standards required by or pursuant to this article, a quarry or an excavation for borrow, clay, topsoil or silt that is licensed pursuant to this article, regardless of the date of licensing, must meet the following minimum standards concerning dust control and spill prevention. [PL 2005, c. 158, §1 (NEW).]

1. Spill prevention. Refueling operations, oil changes and other maintenance activities requiring the handling of fuels, petroleum products, hydraulic fluids and other on-site activity involving the storage or use of products that, if spilled, may contaminate groundwater, must be conducted in accordance with the department's spill prevention, control and countermeasures plan. Petroleum products and other substances that may contaminate groundwater must be stored and handled over impervious surfaces that are designed to contain spills. The spill prevention, control and countermeasures plan must be posted at the site. [PL 2005, c. 158, §1 (NEW).]

2. Dust control. Dust generated by activities at an excavation site, including dust associated with traffic to and from the excavation site, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Dust control methods may include the application of calcium chloride, as long as the manufacturer's guidelines are followed. Visible emissions from a fugitive emission source may not exceed an opacity of 20% for more than 5 minutes in any one-hour period. [PL 2005, c. 158, §1 (NEW).]

The department may require that a quarry or excavation take additional measures or provide additional information when necessary to meet the standards for development set forth in section 484 . [PL 2005, c. 158, §1 (NEW).]
38 M.R.S. § 565 — ME Code / Title 38 / Chapter 3 / Section 565
38 §565. Regulation of underground oil storage facilities used for consumption on the premises or by the owner or operator
Status: in_force

The board shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities not used to store motor fuels or in the marketing and distribution of oil to others. These rules apply to all underground heating oil storage facilities that are used for consumption on the premises or by the owner or operator of the facility and all other tanks and facilities that are not governed by the requirements of section 564 . These rules are limited to the following requirements. [PL 1989, c. 865, §11 (AMD).]

1. Design and installation standards for new and replacement facilities. Design and installation standards for new and replacement tanks are as follows. A. The installation of new or replacement tanks and piping constructed of bare steel or asphalt-coated steel is prohibited. All new and replacement facilities must include secondary containment and continuous monitoring of the interstitial space for all tanks, piping and ancillary equipment. All below ground ancillary equipment must be constructed of fiberglass, cathodically protected steel or equally noncorrosive materials approved by the department. [PL 1989, c. 865, §11 (AMD).] B. All new and replacement facilities must be installed by an underground oil storage tank installer who has been properly certified pursuant to Title 32, chapter 104‑A , and must be registered with the commissioner prior to installation pursuant to section 563 . Underground gasoline storage tanks may be removed by an underground gasoline storage tank remover who has been properly certified pursuant to Title 32, chapter 104‑A . [PL 1989, c. 312, §18 (AMD); PL 1989, c. 865, §11 (AMD).] B-1. New and replacement facilities with a capacity in excess of 1,100 gallons must prevent overfills and spills by the installation of overfill catchment basins and the use of automatic shut-off devices or tank alarms. [PL 1991, c. 494, §7 (AMD).] C. [PL 1989, c. 865, §11 (RP).] D. [PL 1989, c. 865, §11 (RP).] [PL 1991, c. 494, §7 (AMD).]

2. Testing requirements and reporting of leaks for existing, new and replacement facilities and tanks. Testing requirements and reporting of leaks for existing, new and replacement facilities and tanks are as follows. A. The owner or operator is required to report promptly upon discovery to the commissioner any evidence of a leak or discharge of oil. [PL 1989, c. 865, §11 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §142 (AMD).] B. [PL 1991, c. 66, Pt. A, §25 (RP).] C. When a monitoring well is installed at an existing facility governed by this section, the owner or operator of the facility is required to sample that well at least every 6 months; to maintain records of all sampling results at the facility or at the facility owner's place of business; and to report to the commissioner any sampling results showing evidence of a possible leak or discharge of oil. [PL 1991, c. 66, Pt. A, §26 (RPR).] D. For leak detection devices other than monitoring wells installed at an existing facility governed by this section, the owner or operator of the facility is required to test for leaks at least once every 6 months; to maintain records of all testing results at the facility or at the facility owner's place of business; and to report to the commissioner any test results showing evidence of a possible leak or discharge of oil. [PL 1989, c. 865, §11 (NEW).] [PL 1991, c. 66, Pt. A, §§25, 26 (AMD).]
38 M.R.S. § 2323 — ME Code / Title 38 / Chapter 27 / Section 2323
38 §2323. Identification of priority toxic chemicals
Status: in_force

1. Identification of chemicals. By July 1, 2011, the department, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall establish by rule a list of no more than 10 priority toxic chemicals. A. A chemical may be included on the list only if it has been identified on the basis of credible scientific evidence by an authoritative state or federal governmental agency, or on the basis of other scientific evidence considered authoritative by the department, as being known as or reasonably anticipated to be: (1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor; (2) Persistent, bioaccumulative and toxic; or (3) Very persistent and very bioaccumulative. [PL 2009, c. 579, Pt. A, §3 (NEW).] B. In determining whether to include a chemical on the list, the department may consider the following factors: (1) The risk of worker exposure to the chemical; (2) The threat posed to human health and the environment; (3) The threat to the health and safety of a community if the chemical is released accidentally; (4) The pervasiveness of the chemical’s use in the State; and (5) The existence of a reasonably available safer alternative. [PL 2009, c. 579, Pt. A, §3 (NEW).] [PL 2009, c. 579, Pt. A, §3 (NEW).]

2. Review and revision of list. The department shall review and revise the list under subsection 1 every 3 years, except that the department may revise the list more frequently if it determines that the addition of a toxic chemical to the list of priority toxic chemicals is necessary to protect human health and the environment or if more credible and recent scientific evidence justifies deletion of a chemical from the list. [PL 2009, c. 579, Pt. A, §3 (NEW).]

3. Identification of products and materials containing priority toxic chemical. The department, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, may identify by rule products and materials containing a priority toxic chemical and may specify that use of those products and materials is subject to the requirements of this chapter. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 90-C — ME Code / Title 38 / Chapter 1 / Section 90-C
38 §90-C. Employees
Status: in_force

The commissioner may appoint employees as necessary. [PL 1997, c. 727, Pt. C, §19 (AMD).]
38 M.R.S. § 3103 — ME Code / Title 38 / Chapter 33 / Section 3103
38 §3103. Refund value
Status: in_force

To encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in this State must have a deposit and refund value. The deposit and refund value are determined according to the provisions of this section. [PL 2015, c. 166, §14 (NEW).]

1. Refillable containers. For refillable beverage containers, except wine and spirits containers, the manufacturer shall determine the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢. [PL 2015, c. 166, §14 (NEW).]

2. Nonrefillable containers; exclusive distributorships. For nonrefillable beverage containers, except wine and spirits containers, sold through geographically exclusive distributorships, the distributor shall determine and initiate the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢. [PL 2015, c. 166, §14 (NEW).]

3. Nonrefillable containers; nonexclusive distributorships. For nonrefillable beverage containers, except wine and spirits containers, not sold through geographically exclusive distributorships, the deposit and refund value may not be less than 5¢. [PL 2015, c. 166, §14 (NEW).]

4. Wine and spirits containers. For wine and spirits containers of 50 milliliters or less, the refund value may not be more than 5¢. For wine and spirits containers of greater than 50 milliliters, the refund value may not be less than 15¢. [PL 2017, c. 140, §1 (AMD); PL 2017, c. 140, §3 (AFF).]
38 M.R.S. § 1805 — ME Code / Title 38 / Chapter 19 / Section 1805
38 §1805. Eelgrass and salt marsh vegetation mapping
Status: in_force

In accordance with the requirements of this section and in consultation with the Department of Marine Resources, the department shall establish and administer an eelgrass and salt marsh vegetation mapping program. For the purposes of this section, "eelgrass" means the flowering marine plant species Zostera marina that is primarily found in shallow, protected intertidal and subtidal locations in the State. For the purposes of this section, "salt marsh vegetation" means salt-tolerant vegetation that contains a mixture of graminoids and forbs and sometimes includes cordgrasses. [PL 2021, c. 424, §1 (NEW).]

1. Mapping procedures. The department shall in accordance with the schedule in subsection 3 facilitate the production and update of eelgrass and salt marsh vegetation distribution maps for eelgrass beds and salt marsh vegetation within the State. The data collected and the maps produced and updated in accordance with this section must, to the maximum extent practicable, be compatible with the State's geographic information system. [PL 2021, c. 424, §1 (NEW).]

2. Eelgrass and Salt Marsh Vegetation Mapping Fund. The Eelgrass and Salt Marsh Vegetation Mapping Fund is created within the department as a nonlapsing dedicated fund to support the establishment and administration of the eelgrass and salt marsh vegetation mapping program required under this section. The fund may accept revenue from grants, bequests, gifts or contributions from any source, public or private. [PL 2021, c. 424, §1 (NEW).]

3. Mapping schedule. The mapping of eelgrass beds and salt marsh vegetation required under this section must be conducted in accordance with the following schedule, as department resources allow. A. No later than November 1, 2023, mapping must be completed for that portion of the coast from Phippsburg to St. George and must be updated every 5 years thereafter. [PL 2021, c. 424, §1 (NEW).] B. No later than November 1, 2024, mapping must be completed for that portion of the coast from St. George to Brooklin and must be updated every 5 years thereafter. [PL 2021, c. 424, §1 (NEW).] C. No later than November 1, 2025, mapping must be completed for that portion of the coast from Brooklin to Jonesport and must be updated every 5 years thereafter. [PL 2021, c. 424, §1 (NEW).] D. No later than November 1, 2026, mapping must be completed for that portion of the coast from Jonesport to Calais and must be updated every 5 years thereafter. [PL 2021, c. 424, §1 (NEW).] E. No later than November 1, 2027, mapping must be completed for that portion of the coast from Eliot to Phippsburg and must be updated every 5 years thereafter. [PL 2021, c. 424, §1 (NEW).] [PL 2021, c. 424, §1 (NEW).]

4. Availability of data and maps. The department shall make available on its publicly accessible website the data collected and maps produced and updated under this section. [PL 2021, c. 424, §1 (NEW).]

5. Report. On or before March 1, 2024, and biennially thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters a report summarizing the data collected and maps produced and updated under this section and including an analysis, if available, of the changes to the eelgrass beds and salt marsh vegetation within the State that are demonstrated by the data collected and maps produced under this section. [RR 2021, c. 1, Pt. A, §55 (COR).]
38 M.R.S. § 1482 — ME Code / Title 38 / Chapter 14-A / Section 1482
38 §1482. Requirements to be met by any low-level radioactive waste disposal facility
Status: in_force

1. State ownership and control. Any low-level radioactive waste disposal facility developed in the State shall be owned and controlled by the State, but the State may contract for services as necessary. [PL 1985, c. 705, §5 (NEW).]

1-A. State ownership; exception. Notwithstanding subsection 1 , if a low-level radioactive waste disposal facility is developed at the site of a decommissioned nuclear power plant in the course of or as a result of the decommissioning process, the State is not required to own the facility. [PL 1999, c. 739, §4 (NEW).]

2. Protection of public health and safety. Any low-level radioactive waste disposal facility developed in the State shall employ the safest available technology. In order to cope with the humid climate, high water table, cold winters and other geological characteristics of the State, improved engineered disposal methods in addition to geological barriers shall be used rather than conventional shallow land burial. [PL 1985, c. 705, §5 (NEW).]

3. Financing. Any low-level radioactive waste disposal facility developed in the State shall be financed by funds collected prior to their expenditure from the generators of that waste within the State. This includes funds for planning, licensing, siting, construction, operation, closure, long-term monitoring and any other necessary functions. [PL 1985, c. 705, §5 (NEW).]

4. Licensing. A low-level radioactive waste disposal facility developed in the State must be licensed by the United States Nuclear Regulatory Commission. The facility must be approved by the Legislature in accordance with section 1479 and approved by the voters in accordance with section 1493 . [PL 1995, c. 642, §20 (AMD).]

5. Facility near existing nuclear power plant. [PL 1999, c. 174, §5 (RP).]
38 M.R.S. § 480-U — ME Code / Title 38 / Chapter 3 / Section 480-U
38 §480-U. Cranberry cultivation
Status: repealed

1. General permit. An individual permit is not required for the alteration of freshwater wetlands to cultivate cranberries as long as the provisions of this section are met. [PL 1991, c. 214, §2 (NEW).]

2. Requirements. An application must be filed with the department and must meet the following requirements. A. The application must contain written certification by a knowledgeable professional that the cranberry cultivation project will not be located in a wetland that has one or more of the following characteristics: (1) Is a coastal wetland or is located within 250 feet of a coastal wetland; (2) Is a great pond; (3) Contains endangered or threatened plant species as defined in Title 12, section 544 ; (4) Contains any type of palustrine natural community of which there are 20 or fewer occurrences in the State; (5) Contains any of the following resources: (a) Habitat for species appearing on the official state or federal lists of endangered or threatened species when there is evidence that the species is present; (b) As defined by rule by the Commissioner of Inland Fisheries and Wildlife, whether or not the resource has been mapped, high-value and moderate-value deer wintering areas; deer travel corridors; high-value and moderate-value waterfowl or wading bird habitats, including nesting and feeding areas; shorebird nesting, feeding or staging areas; or seabird nesting islands; or (c) Critical spawning and nesting areas for Atlantic salmon as defined by rule by the Department of Marine Resources whether or not mapped; (6) Is located within 250 feet of the normal high water line and within the same watershed of any lake or pond classified as GPA under section 465‑A ; (7) Is a bog dominated by ericaceous shrubs, sedges and sphagnum moss and usually having a saturated water regime, except that applications proposing reclamation of previously mined peat bogs may be considered; (8) Is land adjacent to the main stem of a major river, as classified in section 467 , that is inundated with floodwater during a 100-year flood event and that under normal circumstances supports a prevalence of wetland vegetation, typically adapted for life in saturated soils; or (9) Contains at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments, during most of the growing season in most years; except that cranberry cultivation is allowed more than 250 feet from the edge of the area of aquatic vegetation, emergent marsh vegetation or open water. A project to cultivate indigenous cranberries may be located in wetlands described in subparagraphs (6) and (7) only if the project location is a natural cranberry bog and provisions of paragraph D are met. For purposes of this paragraph, "natural cranberry bog" means an area with indigenous large cranberries, Vaccinium macrocarpon Ait., comprising more than 50% of the cover in the herbaceous layer; and "cover in the herbaceous layer" means all herbaceous or woody vegetation less than 10 inches in height. [PL 2009, c. 561, §38 (AMD).] B. The application must contain a plan that includes the following elements: (1) A top view drawing of the entire project including existing and proposed beds, dikes, ditches, roads and reservoirs; cross-sectional drawings of beds, dams, dikes and ditches; length, width and depth of beds, dikes and ditches; delineation of the wetland boundaries and calculated area of wetlands affected; description of existing vegetation; amount and type of fill material to be discharged over the beds and location of borrow area; type and size of water control structures; and placement and description of water sources; (2) A soil erosion and sedimentation control plan that is consistent with erosion and sediment control specifications as determined by the Department of Agriculture, Conservation and Forestry and the department; (3) A plan for a water recovery system, including either a reservoir or the cranberry beds themselves, that is designed to contain the runoff from the project area during a 10-year, 24-hour storm event; (4) A plan to maintain a 75-foot buffer strip from any river or stream draining a watershed of 100 acres or more, except that excavated ditches and water intake and outfall pipes or control structures may be allowed in the 75-foot buffer area; (5) Design specifications for water intake and outfall pipes and excavated ditches which must be consistent with specifications as determined by the Department of Agriculture, Conservation and Forestry and the department; (6) A plan to maintain minimum base flows for each water supply area. Minimum base flow is the aquatic base flow for that watershed, or a flow that can be shown to protect designated uses and characteristics assigned in section 465 ; and (7) Appurtenant facilities, including, but not limited to storage buildings, parking areas and processing areas, may not be located in the freshwater wetland. This limitation does not apply to pump houses, roadways, service areas and other appurtenant facilities directly related and needed to carry out the water related activities. [PL 1991, c. 214, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] C. The applicant must provide a management plan that includes a pesticide and fertilizer program approved by the Department of Agriculture, Conservation and Forestry. The plan must include the following practices: (1) The application of nutrients and soil amendments in terms of timeliness, amounts, materials and method of application; (2) The use of current integrated pest management practices for applying pesticides properly and in the minimum amounts necessary to control pests; and (3) The management of water in terms of bed drainage, runoff disposal, sprinkler irrigation, control devices to separate natural water from pumping supply for irrigation purposes, back-siphoning prevention devices and flooding. [PL 1991, c. 214, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] D. A person applying for approval on the basis that the project location is a natural cranberry bog as defined in paragraph A must provide a management plan that meets all of the requirements of paragraph C and the requirements of this paragraph. (1) The cranberries must be cultivated in accordance with organic production standards established in the rules and regulations of the United States Department of Agriculture, Agricultural Marketing Service's National Organic Program. (2) A person may not introduce nonindigenous cranberry plants to the project site. A person may not remove cranberry plants existing on the project site. (3) Cultivation practices may not alter natural drainage. Filling is limited to placement each year of up to one inch of sand on bearing cranberry vines. [PL 2023, c. 405, Pt. A, §134 (AMD).] [PL 2023, c. 405, Pt. A, §134 (AMD).]

3. Agriculture certification. The Department of Agriculture, Conservation and Forestry shall review all plans submitted pursuant to subsection 2, paragraphs B , C or D and shall certify compliance of these sections to the department within 20 days of receipt of an application. [PL 1991, c. 214, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

4. Review period. Work may not occur until 45 days after the department has accepted an application for processing. This period may be extended pursuant to section 344‑B with the consent of the applicant. [PL 1999, c. 243, §12 (AMD).]

5. Notification. The department shall notify an applicant in writing within 45 days of acceptance for processing if the department determines that the requirements of this section have not been met. Any such notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this subsection within the specified time period, a general permit is deemed to have been granted. [PL 1991, c. 214, §2 (NEW).]

6. Deferrals. The 45-day time limit for processing a completed application under subsection 5 does not apply when winter conditions prevent the department from evaluating a permit application. Under such circumstances, the department may defer action for a reasonable period. The department shall immediately notify the applicant of a deferral under this subsection. [PL 1991, c. 214, §2 (NEW).]

7. Fees. The department shall assess a fee for review of applications filed pursuant to this section. The fee must be equivalent to the amount assessed to activities requiring an individual permit for freshwater wetland alterations. [PL 1991, c. 214, §2 (NEW).]

8. Violation. Any action taken by a person receiving a general permit under this section that is not in compliance with the plans submitted under subsection 2, paragraphs B , C or D is a violation of the general permit. [PL 1991, c. 214, §2 (NEW).] Revisor's Note: §480-U. Enforcement and penalties (As enacted by PL 1995, c. 287, §18 was REPEALED BY PL 1995, c. 625, Pt. A, §52 and T. 38, §490-V)
38 M.R.S. § 1319-R — ME Code / Title 38 / Chapter 13 / Section 1319-R
38 §1319-R. Facility siting
Status: in_force

1. Licenses for hazardous waste facilities. The department shall issue a license for a hazardous waste facility whenever the department finds that 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. Licenses must be issued under the terms and conditions as the department prescribes and for a term not to exceed 5 years. The department may establish reasonable time schedules for compliance with this subchapter and rules promulgated by the board. A. The department must find that: (1) The applicant presents evidence of sufficient financial capacity, including projections of utilization of the facility by hazardous waste generators, to justify granting the license; (2) Issuing the license is consistent with the applicable standards, requirements and procedures of this chapter; (3) In the case of a disposal facility, the volume of the waste and the risks related to its handling have been reduced to the maximum practical extent by treatment and volume reduction prior to disposal; and (4) If corrective action required by section 1319‑V can not be completed by an applicant prior to issuance of a license, the applicant has the financial capacity to undertake and complete the corrective action. [PL 1991, c. 66, Pt. A, §39 (RPR).] B. The department shall issue an interim license for a waste facility for hazardous waste or shall deem the facility to be so licensed if: (1) The waste facility is in existence on April 1, 1980, or the waste facility is in existence on the effective date of statutory or regulatory changes that first render the facility subject to the requirement to have a license under this subchapter; (2) The owner or operator has within 60 days of first becoming subject to the license requirements of this subchapter: (a) Notified the commissioner of the location of the facility; (b) Provided a detailed description of the operation of the facility; (c) Identified the hazardous waste that the facility handles; and (d) Applied for a license to handle hazardous waste; (3) The waste facility is not altered or operated except in accordance with the board's rules; (4) The waste facility has a discharge or emission license under section 414 or 591 and the facility is operated in accordance with that license; and (5) The facility was not previously denied a noninterim hazardous waste license or an interim license has not expired pursuant to paragraph C , subparagraphs (2) to (6). [PL 1991, c. 66, Pt. A, §39 (RPR).] C. Interim licenses expire on the earliest of the following dates: (1) The date of the final administrative disposition of the application for a hazardous waste facility license; (2) The date of a finding of the department that the disposition referred to in subparagraph (1) was not made because of the applicant's failure to furnish information reasonably required or requested to process the application; (3) The date of expiration of the license issued under section 414 or 591 ; (4) The date on which the application for a noninterim hazardous waste facility license is due if the person operating under the interim license fails to apply for that noninterim license; (5) For interim licenses issued prior to November 8, 1984, unless the owner or operator of the facility has filed a complete application with the commissioner before one of the following dates and that application demonstrates compliance with all applicable ground water and financial responsibility requirements: (a) November 8, 1985, for a land disposal facility; (b) November 8, 1986, for a hazardous waste incinerator; or (c) November 8, 1989, for any facility other than a land disposal facility or hazardous waste incinerator; or (6) Twelve months after the facility first becomes subject to the permit requirements of this subchapter unless the owner or operator of the facility has filed a complete application with the commissioner before that date and that application demonstrates compliance with all applicable ground water and financial responsibility requirements. [PL 1991, c. 66, Pt. A, §39 (RPR).] D. If the commissioner determines based on documentation received from an electronics demanufacturing facility licensed by the department that the facility meets the provisions of this paragraph, the commissioner may allow the facility to undertake the controlled breakage of cathode ray tubes. If the commissioner does not approve or deny the facility's request to undertake controlled breakage of cathode ray tubes within 30 calendar days of receiving the documentation, the facility may undertake controlled breakage of cathode ray tubes in accordance with the provisions of this paragraph. (1) The facility shall ensure that no crushing or treatment of universal waste or hazardous subcomponents occurs other than dismantling except that controlled breakage of cathode ray tubes may be performed in a manner protective of public health and safety and the environment. Controlled breakage of cathode ray tubes may occur only in a dedicated space with ventilation equipment that prevents the release of fugitive emissions to adjacent areas. Lead and cadmium concentrations immediately outside the dedicated space may not significantly exceed background levels of lead and cadmium concentrations or current ambient air quality standards for the State. The facility shall determine background levels through monitoring. The facility shall meet the conditions listed in 40 Code of Federal Regulations, Section 261.39 (2010). As used in this subparagraph, "fugitive emissions" has the same meaning as in section 582, subsection 7‑C‑1 . (2) The facility shall obtain certification from an environmental and safety program approved by the department and submit proof of certification to the department, except that if a facility has not completed certification, controlled breakage of cathode ray tubes may begin prior to certification if: (a) The facility provides information to the department on its process of achieving certification, including a detailed gap analysis; and (b) The controlled breakage is monitored by an environmental professional to ensure environmental and safety standards are met. (3) The facility shall develop a written operating manual specifying how to safely break cathode ray tubes. The operating manual must be available to all employees at the facility and include: (a) Operating and maintenance procedures developed in accordance with any related manufacturer's specifications; (b) Procedures for testing and monitoring of equipment; (c) Procedures to address emergency situations, including, but not limited to, procedures to address lead and cadmium hazards, waste handling and equipment failure; (d) Procedures to assess whether surrounding areas will be negatively affected either by physical proximity to or air exchange with a heating, ventilation and air conditioning system; (e) Procedures for proper waste management practices; and (f) Procedures for employee training to ensure employees have been trained in operation and maintenance of equipment, including, but not limited to, engineering controls to mitigate hazardous waste releases and personal protective equipment use. The department shall adopt rules to implement this paragraph. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2021, c. 2, Pt. A, §133 (COR).] [RR 2021, c. 2, Pt. A, §133 (COR).]

2. Municipal ordinances. Municipalities may enact necessary police power ordinances dealing with commercial hazardous waste facilities, provided that the ordinances are not more stringent than or duplicative of the hazardous waste provisions of this chapter or rules and orders promulgated by the board or commissioner. The department shall incorporate all applicable local requirements to the fullest extent practicable. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §263 (AMD).]

3. Site review. All persons who make application for a license to construct, operate or substantially expand a commercial hazardous waste facility shall give, at the same time, written notice to the municipal officers of the municipality in which the proposed facility will be located. The municipality through its municipal officers is granted intervenor status in any proceeding for site review of a commercial hazardous waste facility. The commissioner shall reimburse the municipalities' direct costs, not to exceed $5,000, for participation in the proceedings. The Governor may appoint a person to facilitate communications between the applicant and the municipality and between the department and the municipality. The State may accept public and private funds from any source for the purpose of carrying out responsibilities under this section. Notwithstanding section 341‑D, subsection 2 , the board shall decide all applications for commercial hazardous waste facilities. The board shall hold at least one public hearing in the municipality in which the facility will be located. During any proceeding for site review of a commercial hazardous waste facility, the legislative body of the municipality in which the facility is to be located may appoint 4 representatives to the board. If the facility is proposed to be located in an unorganized township, the county commissioners of that county may appoint 4 representatives. These representatives may vote on board decisions related to the proposed commercial hazardous waste facility. All representatives appointed under this subsection shall participate on the board only for that site review, until final disposition of the application, including any administrative or judicial appeals. A license application may not be considered by the board unless all municipal members of the board and the municipality have been given written notice of the board meeting and provided copies of all written recommendations of the department, at least 30 days prior to the date of the meeting. The municipal members are entitled to the same pay for each day and expenses as regular board members during the period of their service, to be paid by the department. [PL 1991, c. 205 (AMD).]

4. Municipal fees authorized. A municipality, by ordinance, may levy a fee on a commercial hazardous waste facility located in the municipality. These fees must be applied as a percentage of the annual billings of the facility to its customers. No fee so levied may exceed 2% of the annual billings. The municipality may audit the accounts of a facility to determine the amount of the fee owed to the municipality. Payment of the fee by the facility to the municipality is a condition of any license approved under this section. [PL 1991, c. 205 (AMD).]

5. Application. Except for substantial expansion, this section does not apply to any facility granted an interim or final license prior to September 18, 1981. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §263 (AMD).]

6. Post-closure licenses. When the board determines that a facility under the jurisdiction of this subchapter does not have and will not be issued a license pursuant to this subchapter, the board may issue a license containing terms and conditions governing the post-closure requirements applicable to the facility, including, but not limited to, environmental monitoring and corrective action. The findings in subsection 1, paragraph A , subparagraphs (1), (2) and (3) are not required for post-closure licenses. [PL 1997, c. 624, §19 (AMD).]

7. Criteria for facility development. In addition to other criteria established by law or rule for facilities under this section, the following criteria for facility development apply to an application for treatment, storage and disposal facilities for hazardous waste. A. The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards. [PL 1993, c. 383, §37 (NEW).] B. The applicant has provided adequately for fitting the project harmoniously into the existing natural environment and has ensured that the project will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities. [PL 1993, c. 383, §37 (NEW).] C. The proposed project does not pose an unreasonable risk that a discharge to significant ground water aquifer will occur. [PL 1993, c. 383, §37 (NEW).] D. The project will be built on soil types suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment. [PL 1993, c. 383, §37 (NEW).] E. The applicant will provide adequately for traffic movement of all types into, out of or within the project area. The department shall consider traffic movement both on site and off site including public safety and congestion along waste conveyance transportation routes. The Department of Transportation shall provide the department with an analysis of traffic movement of all types into, out of or within the project area. [PL 1993, c. 383, §37 (NEW).] F. The applicant has provided adequately for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project and has ensured that the project 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. 383, §37 (NEW).] 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. 383, §37 (NEW).] [PL 1993, c. 383, §37 (NEW).]

8. Prohibition. The department may not issue a license for a hazardous waste disposal facility or any commercial hazardous waste facility if the proposed facility overlies a significant ground water aquifer or a primary sand and gravel recharge area. [PL 1993, c. 383, §37 (NEW).]
38 M.R.S. § 1001 — ME Code / Title 38 / Chapter 8 / Section 1001
38 §1001. Commission and working committee members, invitees and observers
Status: in_force

Members of the commission and its various working committees may include, without limitation, representatives of federal, state and local governmental entities, state and local conservation groups, local commerce and industry, private citizens and landowners in the waterway area, local fish and wildlife groups and representatives of any other groups with legitimate interests in the management of the waterway. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 966 — ME Code / Title 38 / Chapter 6 / Section 966
38 §966. Parties to proceedings
Status: in_force

The parties to any proceeding before the commission may include the applicant, if any, any landowner whose lands will be directly affected by the proposed action of the commission, any landowner whose lands are adjacent to, directly across the river from, or within 500 feet of lands to be directly affected, any municipality or agency thereof whose jurisdiction includes lands or bodies of water to be directly affected and any citizens' group or organization qualified under section 966‑A . [PL 1979, c. 459, §1 (NEW).]

Nothing in this section may be construed so as to limit the right of any member of the public to appear or be heard at any public hearing of the commission, subject only to such reasonable rules and regulations as the commission may establish. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §205 (AMD).]
38 M.R.S. § 446 — ME Code / Title 38 / Chapter 3 / Section 446
38 §446. Municipal ordinance review and certification
Status: in_force

Each municipality with shorelands along significant river segments, as identified in section 437 , shall review the adequacy of the zoning on these shorelands to protect the special values cited for these river segments by the former Department of Conservation's 1982 Maine Rivers Study and for consistency with the guidelines established under section 445 . Prior to December 15, 1984, each such municipality shall certify to the Board of Environmental Protection either that its existing zoning for these areas is at least as restrictive as the guidelines established under section 445 , or that it has amended its zoning for this purpose. This certification must be accompanied by the ordinances and zoning maps covering these areas. Failure to accomplish the purposes of this section results in adoption of suitable ordinances for these municipalities, as provided for in section 438‑A . [PL 2013, c. 405, Pt. D, §16 (AMD).]
38 M.R.S. § 1206 — ME Code / Title 38 / Chapter 11 / Section 1206
38 §1206. Civil action for unpaid assessments
Status: in_force

If assessments under section 1203 are not paid, and any such district does not proceed to collect unpaid assessments by proceedings as prescribed in section 1205 , or does not collect or is in any manner delayed or defeated in collecting such assessments by proceedings under section 1205 , then the district in its name may maintain a civil action against the party so assessed for the amount of said assessment, as for money paid, laid out and expended, in any court of competent jurisdiction, and in such action may recover the amount of such assessment with 10% interest on the same from the date of said assessment and costs. [PL 1979, c. 541, Pt. A, §275 (AMD).]
38 M.R.S. § 490-LL — ME Code / Title 38 / Chapter 3 / Section 490-LL
38 §490-LL. Short title
Status: in_force

This article may be known and cited as "the Maine Metallic Mineral Mining Act." [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 1280 — ME Code / Title 38 / Chapter 12-A / Section 1280
38 §1280. Standard of acceptable work practice
Status: in_force

The board shall adopt rules that establish criteria and procedures of acceptable work practices for licensees and certificate holders and persons exempt from licensing and certification requirements under section 1273, subsection 4 engaged in the following asbestos abatement activities. [PL 1993, c. 355, §45 (AMD).]

1. Removal; demolition; encapsulation; enclosure; repair; handling; transportation; analysis; disposal; storage; design; monitoring; or inspection. For any asbestos activity that involves more than 3 linear feet or 3 square feet of friable asbestos-containing material, the board shall consider the following: A. Proper work practices for the removal of asbestos-containing materials; [PL 1987, c. 448, §1-C (NEW).] B. Proper work practices for the encapsulation of asbestos-containing materials; [PL 1987, c. 448, §1-C (NEW).] C. Proper work practices for enclosure of asbestos-containing materials; [PL 1987, c. 448, §1-C (NEW).] D. Proper work practices for the demolition of a structure or position of a structure which contains structural members or components of or covered by asbestos-containing materials; [PL 1987, c. 448, §1-C (NEW).] E. Proper work practices for the storage, transport and disposal of asbestos-containing materials; [PL 1991, c. 473, §20 (AMD).] F. Administrative penalties and cessation of operations to ensure compliance with this subsection; [PL 1991, c. 473, §20 (AMD).] G. Air monitoring, bulk and air sample analysis and criteria governing public access to sites where asbestos abatement activity has occurred; and [PL 1991, c. 473, §20 (NEW).] H. Asbestos abatement, monitoring, inspection, design and analysis activities. [PL 1991, c. 473, §20 (NEW).] In adopting these rules, the board shall consider cost-effective methods and alternatives that do not sacrifice public or worker health or safety. [PL 1993, c. 355, §45 (AMD).]

2. Other activities. For any asbestos project not subject to the specific considerations of subsection 1 , reasonable precautions to prevent the release of asbestos to the environment shall be made. At a minimum, the following precautions shall be considered: A. Construction of adequate barriers to contain asbestos fibers released within the work area; [PL 1987, c. 448, §1-C (NEW).] B. Wetting of all asbestos-containing material prior to removal and during collection; [PL 1987, c. 448, §1-C (NEW).] C. Use of high efficiency particulate air vacuum equipment and wet-cleaning techniques to clean up the work area following abatement until there is no visible residue; [PL 1987, c. 448, §1-C (NEW).] D. Containing waste in appropriately labeled impermeable containers; and [PL 1987, c. 448, §1-C (NEW).] E. Proper storage, transfer and disposal to an approved landfill facility in a manner that does not release fibers into the air. [PL 1987, c. 448, §1-C (NEW).] [PL 1987, c. 448, §1-C (NEW).]
38 M.R.S. § 1772 — ME Code / Title 38 / Chapter 18 / Section 1772
38 §1772. Identification of candidate products; report
Status: in_force

1. Policy; report. It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to promote product stewardship to support the State's solid waste management hierarchy under chapter 24 . In furtherance of this policy, the department may collect information available in the public domain regarding products in the waste stream and assist the Legislature in designating products or product categories for product stewardship programs in accordance with this chapter. By February 15, 2014, and annually thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report on products and product categories that when generated as waste may be appropriately managed under a product stewardship program. The report submitted under this subsection must include updates on the performance of existing product stewardship programs. [PL 2013, c. 315, §4 (AMD).]

2. Recommendations. The report submitted under subsection 1 may include recommendations for establishing new product stewardship programs and changes to existing product stewardship programs. The department may identify a product or product category as a candidate for a product stewardship program if the department determines one or more of the following criteria are met: A. The product or product category is found to contain toxics that pose the risk of an adverse impact to the environment or public health and safety; [PL 2009, c. 516, §1 (NEW).] B. A product stewardship program for the product will increase the recovery of materials for reuse and recycling; [PL 2009, c. 516, §1 (NEW).] C. A product stewardship program will reduce the costs of waste management to local governments and taxpayers; [PL 2009, c. 516, §1 (NEW).] D. There is success in collecting and processing similar products in programs in other states or countries; and [PL 2009, c. 516, §1 (NEW).] E. Existing voluntary product stewardship programs for the product in the State are not effective in achieving the policy of this chapter. [PL 2009, c. 516, §1 (NEW).] [PL 2009, c. 516, §1 (NEW).]

3. Draft legislation. The report submitted under subsection 1 must include draft legislation if any is necessary to implement a product stewardship program requirement for the product or product category. [PL 2009, c. 516, §1 (NEW).]

4. Public comments. At least 30 days before submitting the report under subsection 1 to the joint standing committee of the Legislature having jurisdiction over natural resources matters, the department shall post the report on its publicly accessible website. Within that period of time, a person may submit to the department written comments regarding the report. The department shall submit all comments received to the committee with the report. [PL 2009, c. 516, §1 (NEW).]

5. Legislation to establish product stewardship programs. Annually, after reviewing the report submitted by the department pursuant to subsection 1 , the joint standing committee of the Legislature having jurisdiction over natural resources matters may submit legislation to implement recommendations included in the department's report to establish new product stewardship programs or revise existing product stewardship programs. [PL 2019, c. 227, §2 (AMD).]
38 M.R.S. § 1053 — ME Code / Title 38 / Chapter 10 / Section 1053
38 §1053. Debt limit; approval by voters of a standard district
Status: in_force

1. Debt limit proposed. Prior to issuing on behalf of a standard district any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance, the trustees shall propose a debt limit for the standard district that the trustees must submit for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections in Title 30‑A, chapter 121 , except the standard district's registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the standard district if the usual voting place for persons located in the standard district is located outside the territory of the standard district. For the purpose of registering voters, the registrar of voters must be in session on the regular workday preceding the election. The question presented must be in substantially the following form: "Do you favor establishing the debt limit of the (insert name of standard district) at (insert amount)?" The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question. [PL 2013, c. 555, §6 (NEW).]

2. Results declared. The results of the referendum held under subsection 1 must be declared by the trustees and entered upon the standard district's records. Due certificate of the results must be filed by the clerk with the Secretary of State. [PL 2013, c. 555, §6 (NEW).]

3. Effective date. A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the standard district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the standard district. [PL 2013, c. 555, §6 (NEW).]

4. Total debt. Trustees may not issue any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance unless the total amount of the debt issued by the trustees is no more than the amount approved by referendum under this section. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1310-E-1 — ME Code / Title 38 / Chapter 13 / Section 1310-E-1
38 §1310-E-1. Closure of landfills
Status: in_force

Notwithstanding closure schedules previously established by rule, unlicensed and licensed open-municipal solid waste landfills that have not been closed must be closed in accordance with the schedule established by federal law or rule; state law or rule; schedules of compliance; consent agreements; enforcement orders; or license conditions. Those landfills must be closed in accordance with one of the following procedures. [PL 1993, c. 732, Pt. C, §12 (NEW).]

1. Regulation procedure. This procedure involves the submission of a closure plan and the implementation of the closure plan as approved by the department in accordance with landfill closure standards included in rules adopted pursuant to section 1304 . This closure process is required of all licensed municipal solid waste landfills and may be otherwise initiated in one of 3 ways: A. At the discretion of the municipality; [PL 1993, c. 732, Pt. C, §12 (NEW).] B. In response to an order issued by the department to close a landfill pursuant to section 1310‑D, subsection 2 when the state cost share for the closure is immediately available. For the purposes of this section, "immediately available" means that the municipality is reimbursed the total eligible amount of the state cost share for the anticipated closure operation as ordered within 180 days of the municipality incurring the expense; or [PL 1993, c. 732, Pt. C, §12 (NEW).] C. In response to an order issued by the department to close a landfill pursuant to section 1310‑D, subsection 2 in conjunction with a finding by the commissioner that the landfill poses a "high risk." [PL 1993, c. 732, Pt. C, §12 (NEW).] [PL 1993, c. 732, Pt. C, §12 (NEW).]

2. Reduced closure procedure. To achieve compliance with this section, a municipality has the option to close its landfill, in accordance with a reduced procedure as established by this subsection, except when: A. The landfill is a licensed municipal solid waste landfill or the municipality has been ordered to close or remediate a landfill pursuant to section 1310‑D, subsection 2 in which case the landfill must be closed in accordance with subsection 1 ; [PL 1999, c. 556, §37 (AMD).] B. The landfill meets one of the following criteria, in which case the landfill must close in accordance with subsection 3 : (1) A drinking water supply well is located within 1,000 feet of the solid waste boundary of the landfill; (2) The public water supply well is located within 10,000 feet of the solid waste boundary of the landfill and in the same aquifer, for landfills located on a sand and gravel aquifer as mapped by the Natural Resources Information and Mapping Center; (3) An enclosed building is located within 100 feet of the solid waste boundary of the landfill; or (4) The landfill has received hazardous industrial wastes. [PL 1999, c. 556, §38 (AMD).] Those municipalities that are able to establish that their open-municipal landfill is not excluded from the closure option provided by this subsection may proceed with the option for a reduced closure procedure. This closure option is met if the closure complies with the landfill closure standards of 40 Code of Federal Regulations, Part 258, Section 258.60 (a). The municipal officers shall submit to the department a certification of completion of closure operations in accordance with the standards of this subsection no later than 60 days from the date of that completion. [PL 1999, c. 556, §§37, 38 (AMD).]

3. Alternative closure procedure. A municipality that determines that it owns or operates a landfill that by the terms of subsection 2, paragraph B is not automatically eligible for the reduced closure option must notify the department in writing of that circumstance within 60 days of making the determination and the notification must be considered by the department as a request for permission to close the landfill in accordance with the closure standards established by subsection 2 . Upon receipt of the notification and after further evaluating the circumstances of the landfill as may be necessary, the department must notify the municipality in writing that permission is granted to close the landfill in accordance with the standards established in subsection 2 , or that permission is granted to close the landfill in accordance with the standards of subsection 2 and any reasonable additional closure or remediation standards that the department may require that are related to the identified characteristics that cause the landfill to not be automatically eligible for the reduced closure option. [PL 1993, c. 732, Pt. C, §12 (NEW).]

4. Subsequent landfill closure activity. Any municipality that closes a landfill pursuant to subsection 1 , 2 or 3 and that inspects, monitors and maintains the closure measures as required under subsection 6 is entitled to an assurance from the department that the municipality has met its closure obligations and that no further closure action other than inspection, monitoring and maintenance is required of the municipality by the department with regard to that landfill unless one or more of the following circumstances arises: A. The commissioner finds that the landfill, although closed, is nonetheless a high-risk landfill and orders further closure or remediation activities; [PL 1993, c. 732, Pt. C, §12 (NEW).] B. Additional closure or remediation activities are needed and the department's cost share of the additionally required activity is immediately available; or [PL 1993, c. 732, Pt. C, §12 (NEW).] C. Additional closure or remediation activities are required as a result of an existing or pending formal department enforcement action with respect to the violation of the license conditions under which a landfill was operated. [PL 1993, c. 732, Pt. C, §12 (NEW).] Nothing with regard to this assurance may be construed to limit the department's authority to act using its own resources as that activity may be otherwise authorized by law. [PL 2007, c. 655, §7 (AMD).]

5. Existing closure procedures. The closure procedures established in this section do not override or impair closure procedures established prior to the effective date of this section pursuant to a legally binding consent agreement, license condition, enforcement order or other form of contract between a municipality and that department that was executed prior to the effective date of this section. [PL 1993, c. 732, Pt. C, §12 (NEW).]

6. Post-closure maintenance. A municipality that closes a landfill pursuant to subsection 1 , 2 or 3 shall inspect, monitor and maintain the closure measures required under those subsections as necessary to ensure that the closure remains effective. [PL 2007, c. 655, §8 (NEW).]
38 M.R.S. § 3301 — ME Code / Title 38 / Chapter 37 / Section 3301
38 §3301. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 378, §12 (NEW).]

1. Abandoned nonwater-dependent floating structure. "Abandoned nonwater-dependent floating structure" means a nonwater-dependent floating structure that has been left in, on or over internal waters for more than 24 hours without intention of removal by the owner, as determined by the primary enforcement authority. [PL 2025, c. 378, §12 (NEW).]

2. Coastal waters. "Coastal waters" has the same meaning as in section 542, subsection 3‑A . [PL 2025, c. 378, §12 (NEW).]

3. Dock. "Dock" has the same meaning as in Title 33, section 459, subsection 1, paragraph A . [PL 2025, c. 378, §12 (NEW).]

4. Floating home. "Floating home" means a nonwater-dependent floating structure that is designed or has been substantially and structurally remodeled or redesigned to serve primarily as a residence and that is not a watercraft. "Floating home" includes, but is not limited to: A. A floating house, floating camp or house barge; and [PL 2025, c. 378, §12 (NEW).] B. Any other floating structure used primarily as a residence that is not designed for navigation as its primary purpose and is not capable of self-propulsion or use as a means of transportation on water. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

5. Functionally water-dependent uses. "Functionally water-dependent uses" has the same meaning as in section 436‑A, subsection 6 . [PL 2025, c. 378, §12 (NEW).]

6. Houseboat. "Houseboat" has the same meaning as in Title 12, section 13001, subsection 12‑B . [PL 2025, c. 378, §12 (NEW).]

7. Inland waters. "Inland waters" has the same meaning as in Title 12, section 10001, subsection 35 . [PL 2025, c. 378, §12 (NEW).]

8. Internal waters. "Internal waters" has the same meaning as in Title 12, section 13001, subsection 13 . [PL 2025, c. 378, §12 (NEW).]

9. Mooring. "Mooring" has the same meaning as in section 480‑B, subsection 5‑A . [PL 2025, c. 378, §12 (NEW).]

10. Nonwater-dependent floating structure. "Nonwater-dependent floating structure" means a waterborne structure that is supported wholly or partially by the structure's own buoyancy and that supports a nonwater-dependent use, including a floating home. [PL 2025, c. 378, §12 (NEW).]

11. Nonwater-dependent uses. "Nonwater-dependent uses" means those uses that can function in a location other than on the surface waters of the State and that do not require, for their primary purpose, location on submerged lands or direct access to inland waters or coastal waters. [PL 2025, c. 378, §12 (NEW).]

12. Watercraft. "Watercraft" has the same meaning as in Title 12, section 13001, subsection 28 . [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 1151 — ME Code / Title 38 / Chapter 11 / Section 1151
38 §1151. Powers
Status: in_force

Each sanitary district formed under this chapter shall have the power, within the district, within the territory of any adjoining municipality, and within any adjoining unorganized territory, to lay pipes, drains, sewers and conduits, and to take up, repair and maintain the same or to contract for the same to be done, in, along and through any public or private ways and public grounds, and in, along and through lands of any person or corporation, to and into tidal waters, rivers, watercourses and treatment works or to or into any drain or sewer now or hereafter built which empties into tidal waters, rivers, watercourses and treatment works, the discharge therefrom to be at such points consistent with the requirements of public health as shall be found convenient and reasonable for said district and the flow of existing watercourses; to construct and maintain treatment works, pumping stations, basins, reservoirs, flush tanks and such other appliances for collecting, holding, purifying, distributing and disposing of sewage matter and commercial and industrial waste and of storm and surface water, all as may be necessary or proper; and in general, do any or all other things necessary or incidental to accomplish the purposes of the district. [PL 1967, c. 524, §6 (AMD).]
38 M.R.S. § 2142 — ME Code / Title 38 / Chapter 24 / Section 2142
38 §2142. Advertising and marketing claims; waste reduction and recycling
Status: in_force

A person who labels, advertises or promotes a product in violation of guidelines for the use of environmental marketing claims published by the Federal Trade Commission in 16 Code of Federal Regulations, Part 260 (1993), as amended, commits a violation of the Maine Unfair Trade Practices Act. [PL 1993, c. 310, Pt. A, §5 (NEW).]
38 M.R.S. § 999 — ME Code / Title 38 / Chapter 8 / Section 999
38 §999. Timetable for completion of commission plan
Status: in_force

The commission shall develop a management plan for the St. Croix International Waterway within 18 months of the first meeting of the commission. The necessary management agreements to implement the plan shall be formulated and signed by the participating management agencies prior to commission approval of the plan and shall be considered part of the plan. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 579 — ME Code / Title 38 / Chapter 3-A / Section 579
38 §579. Regional greenhouse gas initiative
Status: in_force

The department may participate in the regional greenhouse gas initiative under chapter 3‑B . The commissioner or the commissioner's designee and the Commissioner of Energy Resources or the commissioner's designee are authorized to act as representatives for the State in the regional organization as defined in section 580‑A, subsection 20 , may contract with organizations and entities when such arrangements are necessary to efficiently carry out the purposes of this section and may coordinate the State's efforts with other states and jurisdictions participating in that initiative, with respect to: [PL 2025, c. 476, Pt. A, §17 (AMD).]

1. Regional market. The design, conduct and supervision of a regional market for carbon dioxide allowances; [PL 2007, c. 317, §16 (NEW).]

2. Additional offset categories. The establishment and mutual recognition of additional offset categories that recognize the State's unique geography, economy and natural resources; and [PL 2007, c. 317, §16 (NEW).]

3. Ensuring no unfair disadvantage. Efforts seeking to ensure that electricity generated within participating states and jurisdictions is not unfairly disadvantaged as a result of imports of electricity from nonparticipating states and jurisdictions. [PL 2007, c. 317, §16 (NEW).]