38 M.R.S. § 1615 — ME Code / Title 38 / Chapter 16 / Section 1615
38 §1615. Plastic beverage containers (REALLOCATED FROM TITLE 38, SECTION 1612)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1612)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Beverage" has the same meaning as in section 3102, subsection 1. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. "Beverage container" means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. "Beverage container" does not include a container composed, in whole or in part, of aluminum and plastic or aluminum and paper in combination as long as the aluminum content represents 10% or less of the unfilled container weight, the container materials represent 5% or less of the total weight of the container and its contents and the container is filled with a nonalcoholic beverage. "Beverage container" does not include a container composed of cardboard in combination with a plastic liner. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] C. "Beverage manufacturing industry association" means an association that represents the interests of companies that manufacture beverages. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] D. "Dealer" has the same meaning as in section 3102, subsection 6. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] E. "Distributor" means a person that engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer that engages in such sales. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] F. "Initiator of deposit" or "initiator" means a manufacturer, distributor or other person that initiates or is required to initiate under section 3103 a deposit on a plastic beverage container containing a beverage other than spirits. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] G. "Manufacturer" means a person, partnership, association, corporation or other entity that, through its own action or through contract or control of another entity, is primarily responsible for the production of a beverage contained in a plastic beverage container for sale or distribution in the State. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] H. "Nonrefillable beverage container" means a beverage container that, after being used by a consumer, is not to be reused as a beverage container by a manufacturer. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] I. "Plastic" means a synthetic material made from fossil fuel or organic-based polymers, such as polyethylene, polystyrene, polypropylene and polycarbonate, that can be molded or blown into specific shapes. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] J. "Plastic beverage container" means a nonrefillable beverage container that is composed wholly or in large part of plastic. "Plastic beverage container" does not include a beverage label or a beverage cap that may be screwed onto or otherwise affixed to a nonrefillable beverage container. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] K. "Post-consumer recycled plastic" means plastic produced from the recovery, separation, collection and reprocessing of plastic that was originally sold for consumption and that would otherwise be disposed of or processed as waste. "Post-consumer recycled plastic" does not include post-industrial plastic or pre-consumer plastic. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] L. "Proprietary information" has the same meaning as in section 1771, subsection 6‑A. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] M. "Spirits" has the same meaning as in Title 28‑A, section 2, subsection 31. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] N. "Spirits manufacturer" means a person that is: (1) An in-state rectifier, distillery or small distillery licensed under Title 28‑A, section 1355‑A that produces spirits contained in a plastic beverage container; or (2) An out-of-state spirits supplier that transports spirits contained in a plastic beverage container into the State or causes such spirits to be transported into the State and has been issued a certificate of approval under Title 28‑A, section 1381. As used in this paragraph, "rectifier" has the same meaning as in Title 28‑A, section 2, subsection 25 and "out-of-state spirits supplier" has the same meaning as in Title 28‑A, section 1381, subsection 1. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

2. Post-consumer recycled plastic requirement. Except as provided in subsection 7, beginning January 1, 2026 and ending December 31, 2030, an initiator of deposit or spirits manufacturer may not sell, offer for sale or distribute for sale in the State a plastic beverage container unless all of the plastic beverage containers sold, offered for sale or distributed for sale in the State by that initiator or spirits manufacturer contain, on average and in the aggregate, at least 25% post-consumer recycled plastic or the initiator or spirits manufacturer has paid the fee required by subsection 5. Except as provided in subsection 7, beginning January 1, 2031, an initiator of deposit or spirits manufacturer may not sell, offer for sale or distribute for sale in the State a plastic beverage container unless all of the plastic beverage containers sold, offered for sale or distributed for sale in the State by that initiator or spirits manufacturer contain, on average and in the aggregate, at least 30% post-consumer recycled plastic or the initiator or spirits manufacturer has paid the fee required by subsection 5. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

3. Determination of compliance with post-consumer recycled plastic requirement; advisory committee. For the purposes of determining an initiator of deposit's or spirits manufacturer's compliance with the post-consumer recycled plastic requirement in subsection 2, an initiator or spirits manufacturer may rely on Maine-specific data regarding plastic beverage container sales and material use, if available, or may alternatively rely on the same type of data applicable to a region or territory in the United States that includes the State. A. If an initiator of deposit or spirits manufacturer elects to rely on data regarding plastic beverage container sales and material use derived from data applicable to a region or territory in the United States that includes the State, the initiator or spirits manufacturer shall: (1) Prorate that regional or territorial data to determine Maine-specific figures based on market share or population in a manner that ensures that the percentage of post-consumer recycled plastic calculated for plastic beverage containers sold in the State is the same percentage as calculated for that larger region or territory; and (2) Document the methodology used to determine those Maine-specific figures calculated under subparagraph (1) in the report required under subsection 4. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. The department may form an advisory committee composed of stakeholders to determine the ability of initiators of deposit and spirits manufacturers to measure and report the Maine-specific information required under this subsection and to develop any recommendations for improving the data determination and reporting process. The department may, as necessary, contract with a qualified 3rd-party entity to assist the advisory committee in developing recommendations under this paragraph. Any costs to the department associated with this paragraph may be offset through any fees collected by the department pursuant to this section. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

4. Initiator of deposit and spirits manufacturer reporting; payment of fees; product removal for noncompliance. On or before April 1, 2024, and annually thereafter, an initiator of deposit or spirits manufacturer that has in the prior calendar year sold, offered for sale or distributed for sale in the State a plastic beverage container shall submit a report to the department identifying, by resin type when applicable, the amount by weight in pounds of post-consumer recycled plastic, the amount by weight in pounds of plastic that is not post-consumer recycled plastic and the percentage of post-consumer recycled plastic in the total weight of all plastic beverage containers the initiator or spirits manufacturer sold, offered for sale or distributed for sale in the State in that prior calendar year. A. If the initiator of deposit or spirits manufacturer has determined the data required to be reported under this subsection using regional or territorial data, the initiator or spirits manufacturer shall describe in the report the methodology used to determine the Maine-specific figures. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. At the time that an initiator of deposit or spirits manufacturer submits a report required under this subsection, the initiator or spirits manufacturer shall pay to the department an annual registration fee and, on or after January 1, 2026, any fee required by subsection 5. The department shall set the amount of the annual registration fee, which may not exceed $500 and which must be designed to offset the costs to the department of administering and overseeing this section. Any fees received by the department pursuant to this section must be deposited in the Maine Environmental Protection Fund established in section 351. An initiator of deposit or spirits manufacturer that in the prior calendar year sold, offered for sale or distributed for sale in the State less than 10,000 plastic beverage containers or, in the aggregate, less than 200 pounds of plastic that is not post-consumer recycled plastic is not required to pay an annual registration fee under this paragraph but shall otherwise comply with all applicable requirements of this section, including, but not limited to, submission of the report required under this subsection and payment of any fee required by subsection 5. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] C. The department may conduct audits or take other necessary actions to verify the accuracy of initiator of deposit or spirits manufacturer data reported under this subsection. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] D. Proprietary information submitted to the department in a report required under this subsection or submitted to the department as part of an audit or other action taken by the department under paragraph C that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310-B. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] E. The department shall make available on its publicly accessible website all reports submitted under this subsection, except that the department shall redact or remove from such reports any proprietary information identified pursuant to paragraph D. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] F. An initiator of deposit may submit the report required under this subsection using information provided to the initiator by a manufacturer. An initiator of deposit or a spirits manufacturer may contract with a 3rd party to submit the report on the initiator's behalf. The submission of the report required under this subsection by an initiator of deposit using information provided by a manufacturer or by a 3rd party on an initiator's or spirits manufacturer's behalf does not relieve the initiator or spirits manufacturer from complying with the other requirements of this section. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] G. Not more than once every 5 years, the department may require initiators of deposit and spirits manufacturers to fund a 3rd-party verification of accuracy of the information submitted under this subsection. The 3rd party selected by the department to conduct such verification must be agreed upon by the initiators of deposit and spirits manufacturers. An initiator of deposit or spirits manufacturer may elect to satisfy the requirements of this paragraph by submitting to the department a 3rd-party verification, or, in the case of an initiator of deposit, a manufacturer's verification, of the accuracy of substantially similar information to that required to be reported under this subsection that was submitted to another state with a post-consumer recycled plastic content requirement that is substantially similar to the requirements of this section as long as that other state is included in the region or territory identified by the initiator or spirits manufacturer under paragraph A. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] H. Except as provided in paragraph I, if an initiator of deposit or spirits manufacturer fails to submit the report and pay all applicable fees required under this subsection within 60 days of the reporting deadline, the department may prohibit the initiator or spirits manufacturer from selling, offering for sale or distributing for sale in the State any plastic beverage container. (1) If, pursuant to this paragraph, the department prohibits an initiator of deposit from selling, offering for sale or distributing for sale in the State any plastic beverage container, the department shall provide written notification of that prohibition to any manufacturer whose plastic beverage containers are sold, offered for sale or distributed for sale in the State by the initiator and to dealers and distributors in the State. A manufacturer, dealer or distributor that receives such written notification and, 3 calendar days or more after receipt of the notification, sells, offers for sale or distributes for sale in the State a plastic beverage container of the initiator commits a violation of this section. (2) If, pursuant to this paragraph, the department prohibits a spirits manufacturer from selling, offering for sale or distributing for sale in the State any plastic beverage container, the department shall provide written notification of that prohibition to the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which shall ensure that the plastic beverage containers of the spirits manufacturer are promptly removed from sale in the State. (3) An initiator of deposit or spirits manufacturer prohibited by the department pursuant to this paragraph from selling, offering for sale or distributing for sale in the State any plastic beverage container that subsequently sells, offers for sale or distributes for sale in the State a plastic beverage container commits a violation of this section. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] I. Notwithstanding any provision of this section to the contrary, if an initiator of deposit lacks the information necessary to submit the report required under this subsection by the reporting deadline and calculate the fee required under subsection 5 due to the failure of one or more manufacturers whose plastic beverage containers the initiator sold, offered for sale or distributed for sale in the State during the prior calendar year to provide such information to the initiator, the department may: (1) Allow the initiator to submit the required report and calculate and pay the required fee based only on the manufacturer information available to the initiator and to thereby be deemed in full compliance with those requirements; (2) Allow the initiator to sell, offer for sale or distribute for sale in the State any plastic beverage container of any manufacturer that provided the initiator with the information necessary to satisfy the reporting requirement and calculate the required fee but prohibit the initiator from selling, offering for sale or distributing for sale in the State any plastic beverage container of any manufacturer that failed to provide such information to the initiator. If the initiator of deposit sells, offers for sale or distributes for sale in the State a plastic beverage container subject to a prohibition imposed under this subparagraph, the initiator commits a violation of this section; and (3) Provide written notification of a prohibition imposed under subparagraph (2) to manufacturers, dealers and distributors in the same manner as in paragraph H, subparagraph (1). A manufacturer, dealer or distributor that receives such written notification and, 3 calendar days or more after receipt of the notification, sells, offers for sale or distributes for sale in the State a plastic beverage container of an initiator of deposit subject to a prohibition imposed under subparagraph (2) commits a violation of this section. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

5. Post-consumer recycled plastic content fee. Pursuant to the provisions of this subsection, an initiator of deposit or spirits manufacturer shall calculate the amount of a post-consumer recycled plastic content fee and shall remit such amount to the department pursuant to subsection 4, paragraph B as follows: A. The initiator of deposit or spirits manufacturer shall add the total amount by weight in pounds of post-consumer recycled plastic and the total amount by weight in pounds of plastic that is not post-consumer recycled plastic used by the initiator in all plastic beverage containers it sold, offered for sale or distributed for sale in the State during the prior calendar year. The initiator of deposit or spirits manufacturer shall calculate the figure under this paragraph based on the information reported by the initiator or spirits manufacturer pursuant to subsection 4; [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. The initiator of deposit or spirits manufacturer shall multiply the figure calculated under paragraph A by the minimum post-consumer recycled plastic percentage required under subsection 2 during the prior calendar year; [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] C. The initiator of deposit or spirits manufacturer shall subtract from the figure calculated under paragraph B the total amount by weight in pounds of post-consumer recycled plastic used by the initiator or spirits manufacturer in all plastic beverage containers it sold, offered for sale or distributed for sale in the State during the prior calendar year; and [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] D. The initiator of deposit or spirits manufacturer shall multiply the figure calculated under paragraph C by 20¢. If the figure calculated under this paragraph is less than or equal to zero, the initiator of deposit or spirits manufacturer is not required to pay a post-consumer recycled plastic content fee to the department pursuant to subsection 4, paragraph B. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

6. Waiver. At the request of an initiator of deposit or spirits manufacturer or a manufacturer as provided in paragraph A, and in accordance with the provisions of this subsection, the department may grant a one-year waiver from payment of the fee that would otherwise be required pursuant to subsection 5 if the initiator, spirits manufacturer or manufacturer demonstrates to the department's satisfaction that it was unable to meet the applicable post-consumer recycled plastic requirement of subsection 2 due to anomalous market conditions consisting of a disruption in or lack of the supply of post-consumer recycled plastic. A. A manufacturer may on its own initiative request a waiver from the department pursuant to this subsection with respect to a plastic beverage container of the manufacturer for which an initiator of deposit is required pursuant to subsection 4 to submit a report and pay to the department an annual registration fee and the fee required pursuant to subsection 5. If a manufacturer requests a waiver pursuant to this paragraph, both the initiator of deposit and the manufacturer are responsible for responding to any requests for information made by the department pursuant to paragraph C. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. A waiver request submitted under this subsection by an initiator of deposit or spirits manufacturer must be submitted with the report required under subsection 4 and must include payment to the department by the initiator of a $100 waiver processing fee. A waiver request submitted under this subsection by a manufacturer pursuant to paragraph A must be submitted on or before the reporting deadline under subsection 4 and must include payment to the department by the manufacturer of a $100 waiver processing fee. A waiver request must include sufficient information to demonstrate the anomalous market conditions consisting of a disruption in or lack of the supply of post-consumer recycled plastic causing the initiator of deposit, spirits manufacturer or manufacturer to be unable to meet the applicable post-consumer recycled plastic requirement of subsection 2. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] C. An initiator of deposit, spirits manufacturer or manufacturer that submits a waiver request to the department shall promptly respond to any request from the department for additional information relating to the waiver request. The department may return a waiver request submitted by an initiator of deposit, spirits manufacturer or manufacturer as incomplete for processing if the initiator, spirits manufacturer or manufacturer fails to provide sufficient information for the department to review the waiver request or fails to promptly respond to a request from the department for additional information relating to the waiver request. A determination by the department under this paragraph to return a submitted waiver request as incomplete for processing does not constitute a final agency action as defined in Title 5, section 8002, subsection 4 and may not be appealed to the board or to the Superior Court. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] D. As a condition of granting a waiver request under this subsection, the department may require an initiator of deposit, spirits manufacturer or manufacturer to submit a corrective action plan describing the actions the initiator, spirits manufacturer or manufacturer intends to implement to ensure its compliance with the requirements of subsection 2 during the current calendar year. If the initiator of deposit, spirits manufacturer or manufacturer has been granted 2 consecutive waiver requests pursuant to this subsection, the department shall require the initiator, spirits manufacturer or manufacturer to submit a corrective action plan pursuant to this paragraph as a condition of granting a 3rd waiver request. (1) The department may approve the corrective action plan as submitted, approve the plan with required changes or reject the plan. (2) The department may require the initiator of deposit, spirits manufacturer or manufacturer to demonstrate implementation of an approved corrective action plan before the department grants the waiver request submitted by the initiator, spirits manufacturer or manufacturer under this subsection. (3) If the department rejects a corrective action plan required under this paragraph or if the department determines that the initiator of deposit, spirits manufacturer or manufacturer has failed to implement an approved corrective action plan, the department shall require the initiator or spirits manufacturer to pay the fee required pursuant to subsection 5 within 45 days of the date of the department's rejection of the corrective action plan or within 45 days of the department's determination that the initiator, spirits manufacturer or manufacturer has failed to implement an approved corrective action plan. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] E. If the department denies a waiver request submitted by an initiator of deposit, spirits manufacturer or manufacturer pursuant to this subsection, the initiator or spirits manufacturer shall pay to the department the fee required pursuant to subsection 5 within 45 days of the date of the department's denial of the waiver request. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

7. Review of post-consumer recycled plastic requirements. Beginning January 1, 2026, and not more than annually thereafter, the department, on its own initiative or at the petition of a beverage manufacturing industry association, may initiate a review of the applicable post-consumer recycled plastic requirement under subsection 2 to determine whether that requirement should be reduced due to market conditions for post-consumer recycled plastic, including the demand for such plastic for food-grade applications, and a review of recycling rates, progress made by initiators of deposit, spirits manufacturers and manufacturers in complying with the post-consumer recycled plastic requirement under subsection 2 and any other factors reviewed by the department. A. A petition for review submitted pursuant to this subsection by a beverage manufacturing industry association must be evaluated by the department based on information provided by the association and any other information available to the department. The department may require the beverage manufacturing industry association to fund a 3rd-party verification of the accuracy of information submitted by the association under this subsection. The 3rd party selected by the department to conduct such verification must be agreed upon by the beverage manufacturing industry association. The department may reject the petition for review if the beverage manufacturing industry association fails to provide sufficient information, as determined by the department, for the department to make a determination under this subsection regarding the need for a reduction in the post-consumer recycled plastic requirement under subsection 2 or if the association fails to reach an agreement with the department regarding the selection of a 3rd party to verify the accuracy of submitted information. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. After conducting the review authorized by this subsection, the department may adopt rules reducing the applicable post-consumer recycled plastic content requirement under subsection 2. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

8. Department reporting. Beginning February 15, 2025, and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters regarding the requirements of this section and including any recommendations for changes to those requirements. The report must describe, in the aggregate, the data submitted to the department by initiators of deposit and spirits manufacturers under subsection 4. A. Beginning February 15, 2028, and annually thereafter, the report under this subsection must include information regarding initiator of deposit and spirits manufacturer compliance with the requirements of subsection 2, including, at a minimum, information on the number of noncompliant initiators and spirits manufacturers, the number of waiver requests received and granted or rejected by the department under subsection 6 and the total funds generated from payment of the annual registration fee under subsection 4 and the payment of the post-consumer recycled plastic content fee as calculated under subsection 5. The report must include any recommendations by the department regarding whether the requirements of this section should be amended to better ensure initiator of deposit and spirits manufacturer compliance. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] B. The report under this subsection may be included in the report required pursuant to section 1772, subsection 1. After reviewing the report under this subsection, the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters may report out legislation relating to the report. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).] [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

9. Administration and enforcement; rules. The department shall administer and enforce this section and may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. The department may, as necessary, contract with qualified 3rd-party entities to assist in the implementation of this section and the development of any rules to be adopted pursuant to this subsection. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

10. Violations. A person that violates a provision of this section is subject to civil penalties under section 349. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]

11. Preemption. Beginning April 1, 2024, the State intends to occupy the whole field of regulation of the amount of post-consumer recycled plastic contained in plastic beverage containers. A local government may not adopt an ordinance regulating the amount of post-consumer recycled plastic contained in plastic beverage containers and, beginning April 1, 2024, any ordinance or regulation that violates this subsection is void and has no force or effect. [PL 2021, c. 742, §3 (NEW); RR 2021, c. 2, Pt. A, §134 (RAL).]
38 M.R.S. § 1776 — ME Code / Title 38 / Chapter 18 / Section 1776
38 §1776. Product stewardship program; program requirements
Status: in_force

A product stewardship program established for a product or product category designated by the Legislature for inclusion in a product stewardship program must be established and implemented in accordance with the provisions of this section. [PL 2013, c. 315, §7 (NEW).]

1. Program. A producer selling a product in the State that is a designated product or that is in a designated product category is responsible individually, collectively or through a stewardship organization for the implementation and financing of a product stewardship program to manage the product at the end of the product's life in accordance with the priorities in section 2101 . A. The program must include a collection system that is convenient and adequate to serve the needs of covered entities in both rural and urban areas. No later than one year following commencement of product collections by the program's collection system, the collection system must include permanent collection locations located within 15 miles of 90% of the residents of the State unless the commissioner determines that the requirements of this paragraph are not practicable due to geographical constraints or that an alternative collection system that does not meet the requirements of this paragraph will result in equivalent and more efficient collection. [PL 2019, c. 227, §3 (AMD).] B. The program must provide for effective education and outreach to promote the use of the program and to ensure that collection options are understood by covered entities. [PL 2013, c. 315, §7 (NEW).] C. A producer or stewardship organization, including a producer's or stewardship organization's officers, members, employees and agents that organize a product stewardship program under this chapter, is immune from liability for the producer's or stewardship organization's conduct under state laws relating to antitrust, restraint of trade, unfair trade practices and other regulation of trade or commerce only to the extent necessary to plan and implement the producer's or stewardship organization's chosen organized collection or recycling system. [PL 2013, c. 315, §7 (NEW).] D. The program must include at a minimum a half-time employee or contracted agent whose job duties are dedicated to implementing the program in the State unless the commissioner determines that a lesser staffing requirement is adequate to provide the administrative oversight, training and ongoing technical support to collection locations, education and outreach efforts, program performance assessment and reporting necessary for program implementation. [PL 2019, c. 227, §4 (NEW).] [PL 2019, c. 227, §§3, 4 (AMD).]

2. Requirement for sale. One hundred eighty days after a product stewardship plan under subsection 5 is approved in accordance with subsection 8 , a producer may not sell or offer for sale in the State the relevant product, unless the producer of the product participates individually, collectively or through a product stewardship program in accordance with an approved product stewardship plan. [PL 2013, c. 315, §7 (NEW).]

3. No fee. A product stewardship program may not charge a fee at the time an unwanted product is delivered or collected for recycling or disposal. [PL 2013, c. 315, §7 (NEW).]

4. Costs. Producers in a product stewardship program shall finance the collection, transportation and reuse, recycling or disposition of the relevant product; effective education and outreach related to the program; program assessment; program reporting; any incentives necessary to achieve program goals; payment of reasonable fees to the department for review of the program plan and any proposed amendments; and payment of annual fees to the department to cover the department's actual costs for the program for annual report review, oversight, administration and enforcement, which may not exceed $100,000 per year per program and which must be properly documented and provided by the department to the program prior to or at the time that such payment is required. [PL 2019, c. 227, §5 (AMD).]

5. Requirement to submit a plan. Within one year of a product's or product category's being designated for inclusion in a product stewardship program, the relevant producer or stewardship organization shall submit a product stewardship plan to the department for approval. The plan must include: A. Identification and contact information for: (1) The individual or entity submitting the plan; (2) All producers participating in the product stewardship program; (3) The owners of the brands covered by the program; and (4) If using a stewardship organization, the stewardship organization, including a description of the organization and the tasks to be performed by the organization. The description must include information on how the organization is organized, including administration of the organization and management of the organization; [PL 2013, c. 315, §7 (NEW).] B. A description of the collection system, including: (1) The types of locations or other collection services to be used; (2) How all products covered under the product stewardship program will be collected in all counties of the State; and (3) How the collection system will be convenient and adequate to serve the needs of all entities; [PL 2019, c. 227, §6 (AMD).] C. The names and locations of recyclers, processors and disposal facilities that may be used by the product stewardship program; [PL 2013, c. 315, §7 (NEW).] D. Information on how the product and product components will be safely and securely transported, tracked and handled from collection through final disposition; [PL 2013, c. 315, §7 (NEW).] E. A description of the methods to be used to reuse, deconstruct and recycle the unwanted product to ensure that the product components are transformed or remanufactured to the extent feasible; [PL 2019, c. 227, §6 (AMD).] F. A description of how the convenience and adequacy of the collection system will be monitored and maintained; [PL 2013, c. 315, §7 (NEW).] G. A description of how the amount of product and product components collected, recycled, processed, reused and disposed of will be measured; [PL 2013, c. 315, §7 (NEW).] H. A description of the education and outreach methods that will be used to recruit, train and monitor collection locations and to encourage participation in the program on an ongoing basis by collection locations and by consumers throughout the State; [PL 2019, c. 227, §6 (AMD).] I. A description of how education and outreach methods will be evaluated, including, at a minimum, completion of an annual consumer awareness survey to assess consumer knowledge regarding product management options and collection locations. The survey questions and methodology must be approved by the department, and the survey must be administered by a 3rd party; [PL 2019, c. 227, §6 (AMD).] J. A description of how program performance will be assessed, including performance goals to show success of the program. When a performance goal is expressed as a recycling rate or a diversion from disposal rate, the plan must include a description of the methodology and the relevant historic sales data used to develop the rate. Sales information submitted to the department pursuant to this paragraph that is identified by the producer or stewardship organization as proprietary information is confidential and must be handled by the department in accordance with subsection 10 . The performance goals under this paragraph must include, at a minimum, one of the following goals: (1) That at least 50% of the residents of the State will be aware of the program by no later than the end of the 3rd year of program implementation and at least 70% of the residents of the State will be aware of the program by no later than the end of the 6th year of program implementation; (2) That a diversion from disposal rate of at least 50% will be achieved by the program by no later than the end of the 4th year of program implementation; or (3) An alternative performance goal that does not meet the criteria in subparagraph (1) or (2) as long as sufficient evidence is provided to the department to justify that alternative performance goal; [PL 2019, c. 227, §6 (AMD).] K. A description of how the program will be financed. If the program is financed by a per unit assessment paid by the consumer at the point of sale, a plan for an annual 3rd-party audit to ensure revenue from the assessment does not exceed the cost of implementing the product stewardship program must be included; and [PL 2019, c. 227, §6 (AMD).] L. An anticipated annual budget for the program that includes identification of specific anticipated administrative, collection, transportation, disposition and communication costs for the program. The anticipated annual budget must be sufficient to fund the program staffing required under subsection 1, paragraph D and the reimbursement by the producer or stewardship organization of the department's actual costs incurred in annual report review and in overseeing, administering and enforcing the program. The anticipated annual budget may not include costs for legal fees or costs related to legislative efforts that have been or will be incurred by the producer or stewardship organization. [PL 2019, c. 227, §7 (NEW).] [PL 2019, c. 227, §§6, 7 (AMD).]

6. Plan amendments. [PL 2019, c. 227, §8 (RP).]

6-A. Plan amendments. In accordance with the provisions of this subsection, a producer or stewardship organization or the department may initiate changes to an approved product stewardship plan. A. A change to an approved product stewardship plan by a producer or stewardship organization operating the program implemented under the plan must be submitted to the department for review and approval prior to the implementation of that change, except that if the producer or stewardship organization determines that the change is not substantive, such as the addition of or a change to collection locations, or if an additional producer joins the program, the producer or stewardship organization must inform the department of the change within 14 days of implementing the change but need not receive department approval unless the department determines that the change is substantive. The department shall review and approve plan amendments in accordance with subsection 8 . [PL 2019, c. 227, §9 (NEW).] B. If the department determines that a program has failed to make adequate progress toward achieving the program's performance goals described in the approved product stewardship plan pursuant to subsection 5, paragraph J , the department shall notify the producer or stewardship organization operating the program in writing regarding its determination and may direct the producer or stewardship organization to implement specific changes to the plan within 6 months of the written notification, which may include, but are not limited to, improvements to the convenience of the collection system or to the education and outreach efforts under the program to improve program performance. The department may also recommend in its annual report under section 1772, subsection 1 that the program be amended to require financial incentives or, if appropriate for the product, implementation of a deposit and refund system. [PL 2019, c. 227, §9 (NEW).] [PL 2019, c. 227, §9 (NEW).]

7. Annual reporting. By March 1st of the calendar year after the calendar year in which an approved product stewardship program is implemented, and annually thereafter, the producer or stewardship organization operating the program shall submit to the department a report on the program for the previous calendar year. The report must include, at a minimum: A. The amount of product collected at each collection location; [PL 2019, c. 227, §10 (AMD).] B. A description of the methods used to collect, transport and process the product; [PL 2013, c. 315, §7 (NEW).] C. An evaluation of program performance, including, if possible, diversion and recycling rates together with certificates of recycling or similar confirmations and an evaluation of the convenience of the collection system implemented under the program; [PL 2019, c. 227, §10 (AMD).] D. A description of the methods used for education and outreach efforts and an evaluation of the effectiveness of those efforts. The report must include the results of an assessment of the methods used for and effectiveness of education and outreach efforts. The assessment must be completed by a 3rd party; [PL 2019, c. 227, §10 (AMD).] E. If applicable, the report of the 3rd-party audit conducted to ensure that revenue collected from the assessment does not exceed implementation costs pursuant to subsection 5, paragraph K ; [PL 2019, c. 227, §10 (AMD).] F. Any recommendations for changes to the product stewardship program and to the approved goals for the program to improve convenience of collection, consumer education and program evaluation; and [PL 2019, c. 227, §10 (AMD).] G. A financial report on the program, including the total cost of implementing the program as determined by an independent financial audit that includes identification of specific administrative, collection, transportation, disposition and communication costs for the program, and an anticipated budget for the program for the next program year. [PL 2019, c. 227, §10 (NEW).] [PL 2019, c. 227, §10 (AMD).]

8. Department review and approval. Within 120 days after receipt of a proposed product stewardship plan, the department shall determine whether the plan complies with this section. If the plan is approved, the department shall notify the submitter in writing. If the department rejects the plan, the department shall notify the submitter in writing stating the reason for rejecting the plan. [PL 2019, c. 227, §10 (AMD).]

9. Plan availability. Within 30 days of approval by the department of a product stewardship plan under subsection 8 , the department shall place the approved product stewardship plan on the department's publicly accessible website. [PL 2013, c. 315, §7 (NEW).]

10. Proprietary information. Proprietary information submitted to the department in a product stewardship plan, in an amendment to a product stewardship plan or pursuant to reporting requirements of this section that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . [PL 2019, c. 227, §10 (AMD).]

11. Exceptions. This section does not apply to products subject to section 1610 , 1612 , 1665‑A , 1665‑B , 1672 , 2146 , 2165 or 2166 . [PL 2021, c. 94, §3 (AMD); PL 2021, c. 455, §1 (AMD).]
38 M.R.S. § 1152 — ME Code / Title 38 / Chapter 11 / Section 1152
38 §1152. Right of eminent domain
Status: in_force

Each sanitary district formed under this chapter is authorized and empowered to acquire and hold real and personal property necessary or convenient for its purposes, and is granted the right of eminent domain, and for such purposes is authorized to take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, as for public uses any land, real estate, easements or interest therein, and any sewers, drains or conduits and any sewer or drainage rights necessary for constructing, establishing, maintaining and operating sewers, drains, reservoirs, flush tanks, manholes, catch basins, treatment works, pumping stations and other appliances and property used or useful for collecting, holding, purifying, distributing and disposing of sewage matter and commercial and industrial waste and surface and waste waters. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 578 — ME Code / Title 38 / Chapter 3-A / Section 578
38 §578. Progress evaluation
Status: in_force

The department, in consultation with the Maine Climate Council, established under section 577‑A , shall evaluate the State's progress toward meeting the reductions specified in section 576‑A and progress toward implementing the climate action plan in section 577 . The department, after consultation with the council, shall submit a report of its evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by December 1, 2022 and by that date every 2 years thereafter. The report must include, but is not limited to, an evaluation of gross annual greenhouse gas emissions, including an identification of greenhouse gas emissions by source category, energy emissions and consumption and an economic analysis of greenhouse gas emissions per unit of economic activity; an evaluation of net annual greenhouse gas emissions, including the State's carbon budget, forest carbon markets and a time series analysis of net greenhouse gas emissions; and an evaluation of sector-specific progress made toward meeting the reductions specified in section 576‑A . The department, in consultation with the council, may recommend other metrics to share the progress on climate mitigation and adaptation strategies with the Legislature and the public. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out legislation relating to the report required under this section, and the joint standing committee of the Legislature having jurisdiction over utilities and energy matters may make recommendations to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding that legislation. [PL 2023, c. 234, §3 (AMD).]
38 M.R.S. § 1739 — ME Code / Title 38 / Chapter 17 / Section 1739
38 §1739. Setting fees and other charges
Status: in_force

The directors may from time to time establish and adjust a structure for fees, including penalty charges, for collection services and transportation and for disposal of solid waste in and upon facilities operated by, on behalf of or under contract with, the district, subject to section 1752 . [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 2321 — ME Code / Title 38 / Chapter 27 / Section 2321
38 §2321. Toxic chemical reduction policy; department duty
Status: in_force

It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens and the quality of the environment, to continually and as expeditiously as practicable reduce the use of toxic chemicals, particularly those identified by the State as being priority toxic chemicals, by commercial and industrial facilities through comprehensive environmental management practices, the use of inherently safer products, the use of materials and processes that are reasonably available and the more efficient use of resources. The department shall work with commercial and industrial facilities to establish goals to reduce the use of priority toxic chemicals based on the reasonable availability of safer alternatives and other factors. The policy represented in this chapter is consistent with the reduction of toxic chemicals in children’s products under chapter 16‑D . [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 480-X — ME Code / Title 38 / Chapter 3 / Section 480-X
38 §480-X. Alterations of freshwater wetlands
Status: in_force

An application for a permit to undertake activities altering freshwater wetlands must be processed by the department using the review process described in this section. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).]

1. Application. This section does not apply to activities otherwise qualifying for reduced review procedures, such as permits by rule or general permits; activities exempt from review under another section of this article; or activities involving protected natural resources other than freshwater wetlands, such as great ponds, coastal wetlands and rivers, streams or brooks. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).]

2. Three-tiered review process; tiers defined. Except as provided in subsection 1 , an application for a permit to undertake activities altering freshwater wetlands must be reviewed in accordance with the following. A. A Tier 1 review process applies to any activity that involves a freshwater wetland alteration up to 15,000 square feet and does not involve the alteration of freshwater wetlands listed in subsection 4 . [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] B. A Tier 2 review process applies to any activity that involves a freshwater wetland alteration of 15,000 square feet up to one acre and does not involve the alteration of freshwater wetlands listed in subsection 4 or 5 . [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] C. A Tier 3 review process applies to any activity that involves a freshwater wetland alteration of one acre or more or an alteration of a freshwater wetland listed in subsection 4 or 5 . [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] If the project as a whole requires Tier 2 or Tier 3 review, then any activity that is part of the overall project and involves a regulated freshwater wetland alteration also requires the same higher level of review, unless otherwise authorized by the department. In determining the amount of freshwater wetland to be altered, all components of a project, including all phases of a multiphased project, are treated together as constituting one single and complete project. Activity authorized or legally conducted prior to the effective date of this section is not included. The standards of section 480‑D do not apply to projects that qualify for Tier 1 review, except that habitat standards under section 480‑D, subsection 3 and water quality standards under section 480‑D, subsection 5 apply to those projects. Projects that meet the eligibility requirements for Tier 1 review and that satisfy the permitting requirements set forth in subsection 3 and 6 , as applicable, are presumed not to have significant environmental impact. [PL 2005, c. 592, §1 (AMD).]

3. General requirements. A person undertaking an activity for which a permit is processed pursuant to this section shall satisfy the requirements of this subsection. A. An applicant for Tier 1, Tier 2 or Tier 3 review shall meet the following requirements. (1) Alteration of freshwater wetland areas on the property must be avoided to the extent feasible considering cost, existing technology and logistics based on the overall purpose of the project. (2) The area of the freshwater wetland to be altered must be limited to the minimum amount necessary to complete the project. [PL 2003, c. 554, §1 (AMD).] B. [PL 2003, c. 554, §1 (RP).] C. An applicant for Tier 1 review shall meet the following requirements. (1) Erosion control measures must be used to prevent sedimentation of protected natural resources. A 25-foot buffer strip must be maintained between the activity and any river, stream or brook. (2) The activity must comply with applicable water quality standards pursuant to section 480‑D, subsection 5 . [PL 2003, c. 554, §1 (NEW).] D. An applicant for Tier 2 or Tier 3 review shall comply with the standards contained in section 480‑D . [PL 2003, c. 554, §1 (NEW).] [PL 2003, c. 554, §1 (AMD).]

4. Projects not eligible for Tier 1 or Tier 2 review. The following activities are not eligible for Tier 1 or Tier 2 review unless the department determines that the activity will not negatively affect the freshwater wetlands and other protected natural resources present: A. Activities located within 250 feet of: (1) A coastal wetland; or (2) The normal high-water line, and within the same watershed, of any lake or pond classified as GPA under section 465‑A ; [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] B. Activities occurring in freshwater wetlands, other than artificial ponds or impoundments, containing under normal circumstances at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water; [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] C. Activities occurring in freshwater wetlands that are inundated with floodwater during a 100-year flood event based on flood insurance maps produced by the Federal Emergency Management Agency or other site-specific information; [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] D. Activities occurring in freshwater wetlands containing significant wildlife habitat that has been mapped, identified or defined, as required pursuant to section 480‑B, subsection 10 , at the time of the filing by the applicant; [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] E. Activities occurring in peatlands dominated by shrubs, sedges and sphagnum moss, except that applications proposing work in previously mined peatlands may be considered by the department for Tier 1 or Tier 2 review, as applicable; or [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] F. Activities occurring within 25 feet of a river, stream or brook. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] The department shall inform the applicant in writing within the review period specified in subsection 6 or 7 if the proposed project does not qualify for Tier 1 or Tier 2 review processing and shall explain permitting options if the applicant wishes to pursue the project. The department is responsible for providing information necessary to establish whether the types of wetlands described in paragraphs D and E will be affected by the proposed activity. Unless the applicant knowingly or willfully provided incomplete or false information to the department, if the department does not notify the applicant that the proposed project does not qualify for Tier 1 or Tier 2 review, the project is deemed to be qualified for Tier 1 or Tier 2 review, as applicable. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).]

5. Additional projects not eligible for Tier 2 review. An activity in freshwater wetlands containing a natural community that is imperiled (S2) or critically imperiled (S1), as defined by the Natural Areas Program pursuant to Title 12, section 544 is not eligible for Tier 2 review unless the department determines that the activity will not negatively affect the freshwater wetlands and other protected natural resources present. [PL 1999, c. 556, §32 (AMD).]

6. Application process for Tier 1 review activities. Applications for Tier 1 review are governed by this subsection. A. The application must be sent by certified mail or hand-delivered to the department. The application must include: (1) The application fee; (2) The project location on a United States Geological Survey map; (3) A description of the project, including a drawing showing the area of freshwater wetland to be filled or otherwise altered and areas of any marsh or open water within the freshwater wetland; and (4) A signed statement averring that all of the requirements of subsection 3 will be met, that the activity will not occur in a wetland area described in subsection 4 and that a copy of the application has been submitted by the applicant for public display to the municipal office of the municipality in which the project will be located. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] B. Work may not occur until 45 days after the department receives a complete application, unless written approval is issued sooner by the department. The department shall notify the applicant in writing no later than 45 days after the department receives a complete application if the applicable requirements of this section have not been met or if the review period may be extended pursuant to section 344‑B, subsection 4 . If the department has not notified the applicant within the 45-day review period, a permit is deemed to be granted. [PL 2005, c. 592, §2 (AMD).] C. Fees for Tier 1 review may not exceed the following: (1) For projects up to 5,000 square feet, $35; (2) For projects from 5,000 square feet up to 10,000 square feet, $75; and (3) For projects from 10,000 square feet up to 15,000 square feet, $150. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] [PL 2005, c. 592, §2 (AMD).]

7. Application process for Tier 2 review. Applications for Tier 2 review are governed by this subsection. A. An application form must be submitted, with the application fee, to the department and include the following information: (1) Documentation that public notice has been provided of the proposed project in accordance with department rules; (2) A United States Geological Survey map showing the project location; (3) Written certification by a knowledgeable professional experienced in wetland science that the project will not alter, or cause to be altered, a wetland described in subsection 4 or 5; (4) A top view drawing of the entire project, including existing and proposed fill, excavation, roads and structures; cross-sectional drawings of any fill or excavated areas; delineation of the wetland boundaries and calculated area of freshwater wetlands affected; description of existing vegetation on the project site; identification of any surface water bodies within 100 feet of the proposed alteration; and a drawing of the 25-foot buffer strip between the project and any river, stream or brook; (5) A soil erosion and sedimentation control plan; (6) For work in previously mined peatlands, information on the past mining activity, including the approximate dates of the mining activity, the area and depth to which peat has been excavated from the site, any restoration work on the site and the current condition of the site; (7) A statement describing why the project can not be located completely in upland areas and any alternatives that exist for the project that would either avoid or minimize the amount of proposed freshwater wetland alteration; (8) A plan for compensating for lost functions and values of the freshwater wetland when required by, and in accordance with, rules adopted by the department; and (9) Any other information determined by the department to be necessary to meet the requirements of section 480‑D and rules adopted by the department. [PL 2003, c. 554, §2 (AMD).] B. Work may not occur until 60 days after the department has received a complete application for processing, unless written approval is issued sooner by the department. The department shall notify the applicant in writing within 60 days of the department's receipt of a complete application whether the applicable requirements of this section have been met or if the review period may be extended pursuant to section 344‑B, subsection 4 . If the department has not notified the applicant within the 60-day review period, a permit is deemed to be granted. [PL 1999, c. 243, §14 (AMD).] C. Fees for Tier 2 review must be set in accordance with the department's fee schedule for freshwater wetland alterations under the natural resources protection laws. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] [PL 2003, c. 554, §2 (AMD).]

8. Application process for Tier 3 review. Applications for Tier 3 review are governed by this subsection. A. An application form must be submitted to the department that contains all the information required for Tier 2 review, in addition to any information determined by the department to be necessary to meet the requirements of section 480‑D and rules adopted by the department. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] B. Written approval from the department is required before work may begin. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] C. Fees for Tier 3 review are set in accordance with the department's fee schedule for freshwater wetland alterations under the natural resources protection laws. [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).] [PL 1995, c. 460, §7 (NEW); PL 1995, c. 460, §12 (AFF).]
38 M.R.S. § 488 — ME Code / Title 38 / Chapter 3 / Section 488
38 §488. Applicability
Status: in_force

This article does not apply to any development in existence or in possession of applicable state or local licenses to operate or under construction on January 1, 1970, or to any development the construction and operation of which has been specifically authorized by the Legislature prior to May 9, 1970, or to public service corporation transmission lines, except transmission lines carrying 100 kilovolts or more, nor does it apply to the renewal or revision of leases of parcels of land upon which a structure or structures have been located as of March 15, 1972, nor to the rebuilding or reconstruction of natural gas pipelines or transmission lines within the same right-of-way. For purposes of this paragraph, development that reuses a building and associated facilities in existence on January 1, 1970 is exempt from review under this article. When determining if development meets the definition of "development of state or regional significance that may substantially affect the environment" and therefore is subject to review under this article, the department may not consider development in existence on January 1, 1970 that is exempt from review pursuant to this paragraph. When reviewing a proposal for development of state or regional significance that may substantially affect the environment under this article, the department may not consider in the review any development in existence on January 1, 1970 that is exempt from review pursuant to this paragraph. [PL 2011, c. 551, §1 (AMD).]

1. Unorganized areas. [PL 1993, c. 383, §26 (RP); PL 1993, c. 383, §42 (AFF).]

2. Organized areas. [PL 1993, c. 383, §26 (RP); PL 1993, c. 383, §42 (AFF).]

3. Standards, guidelines, definitions and revisions. [PL 1995, c. 704, Pt. A, §16 (RP); PL 1995, c. 704, Pt. C, §§2, 3 (AFF).]

4. Exemption. [PL 1989, c. 769, §5 (RP).]

5. Subdivision exemptions. The following development is exempt from this article: A. [PL 1993, c. 383, §26 (RP); PL 1993, c. 383, §42 (AFF).] B. A development that consists only of a subdivision if: (1) The average density of the subdivision is not higher than one lot for every 5 acres of developable land in the parcel; (2) At least 50% of the developable land in the parcel is preserved in perpetuity through conservation easements pursuant to Title 33, chapter 7, subchapter VIII‑A , in common areas no smaller than 10 acres in size and of dimensions that accommodate within each common area boundary a rectangle measuring 250 feet by 500 feet; (3) The conservation easements preserve the land in an essentially undeveloped natural state including the preservation of farmland having a history of agricultural use and the preservation of forest land for harvesting by uneven-aged selection methods designed to retain the natural character of the area, except that other methods of harvesting are permissible following a natural disaster; (4) The conservation easements grant a 3rd-party right of enforcement, as defined in Title 33, section 476 , to the department. The conservation easements granting a 3rd-party right of enforcement must be submitted to and accepted by the commissioner; (5) All significant wildlife habitat that is mapped or that qualifies for mapping under section 480‑B, subsection 10 is included in the preserved land area under subparagraph (3); (6) No clearing, grading, filling or other development activity occurs on sustained slopes in excess of 30%; (7) If the developable land in the parcel not subject to the requirements of subparagraphs (3) and (5) is located wholly or in part in the watershed of any lake or pond classified GPA under section 465‑A , long-term measures to control phosphorus transport are taken in accordance with a phosphorus control plan that is consistent with standards for phosphorus control adopted by the board; (8) Soil erosion and sedimentation during development of the subdivision are controlled in accordance with a plan approved by the municipality in which the subdivision is located or by the soil and water conservation district for the county in which the subdivision is located; (9) The nonpreserved, developable land in the parcel is not located wholly or partly within the shoreland zone of a lake or pond classified GPA under section 465‑A ; and (10) At the time all necessary conservation easements are filed with the department and at least 30 days prior to the commencement of clearing and construction activity, the person creating the subdivision notifies the commissioner in writing on a form supplied by the commissioner that the exemption afforded by this paragraph is being used. The person creating the subdivision shall file with that form a set of site plans, including the plans required under subparagraphs (7) and (8), and other evidence sufficient to demonstrate that the requirements of this paragraph have been met. The commissioner shall forward a copy of the form to the municipality in which the subdivision is located. For purposes of this paragraph, "developable land in the parcel" means all contiguous land in the same ownership except for coastal wetlands, freshwater wetlands, rivers, streams and brooks as defined in section 480‑B and except for any surface water classified GPA under section 465‑A . [PL 1995, c. 704, Pt. A, §17 (AMD); PL 1995, c. 704, Pt. C, §2 (AFF).] C. [PL 1995, c. 704, Pt. A, §17 (RP); PL 1995, c. 704, Pt. C, §2 (AFF).] D. [PL 1995, c. 704, Pt. A, §17 (RP); PL 1995, c. 704, Pt. C, §2 (AFF).] [PL 1995, c. 704, Pt. A, §17 (AMD); PL 1995, c. 704, Pt. C, §2 (AFF).]

6. Multi-unit housing exemption. [PL 1993, c. 383, §26 (RP); PL 1993, c. 383, §42 (AFF).]

7. Exemption for expansion at existing manufacturing facility. New construction at a licensed manufacturing facility is exempt from review under this article as long as the additional disturbed area not to be revegetated does not exceed 40,000 square feet ground area in any calendar year and does not exceed 80,000 square feet ground area in total. When review under this article is required at a licensed manufacturing facility, the applicant shall provide plans for the new development, as well as for those activities that have been undertaken pursuant to this subsection. The permittee shall annually notify the department of new construction conducted during the previous 12 months pursuant to this exemption. The notice must identify the type, location and ground area of the new construction. [PL 2021, c. 123, §1 (AMD).]

8. Exemption for storage facility. [PL 1995, c. 704, Pt. A, §18 (RP); PL 1995, c. 704, Pt. C, §2 (AFF).]

9. Development within unorganized areas. [PL 2013, c. 405, Pt. B, §5 (RP).]

9-A. Development within unorganized areas. Except for development described in paragraphs A , B and C , development located within the unorganized and deorganized areas, as defined in Title 12, section 682, subsection 1 , is subject to review by the department for compliance with this article. The department shall review development within the unorganized and deorganized areas in accordance with section 489‑A‑1 . A. A community-based offshore wind energy project, as defined in Title 12, section 682, subsection 19 , is reviewed under Title 12, section 685‑B, subsection 2‑C and is exempt from the requirements of this article. [PL 2011, c. 682, §32 (NEW); PL 2011, c. 682, §40 (AFF).] B. Except for grid-scale wind energy development, development within a planned subdistrict as defined in Title 12, section 682, subsection 20 and approved or accepted for processing prior to September 1, 2012 is reviewed by the commission and is exempt from the requirements of this article. [PL 2011, c. 682, §32 (NEW); PL 2011, c. 682, §40 (AFF).] C. An amendment or revision to a development approved by the Maine Land Use Regulation Commission prior to September 1, 2012 is exempt from review under this article unless the proposed revision by itself is a development of state or regional significance that may substantially affect the environment. [PL 2011, c. 682, §32 (NEW); PL 2011, c. 682, §40 (AFF).] Subdivision plans approved and orders issued by the department under this article must be recorded in the registry of deeds in the county in which the development is located within 90 days. Violation and enforcement provisions in chapter 2, subchapter 1 apply to development reviewed by the department under this subsection. [PL 2011, c. 682, §32 (NEW); PL 2011, c. 682, §40 (AFF).]

10. Roads and railroad tracks. A structure consisting only of a road or a road together with the structure area within a residential lot, as described in subsection 17 is exempt from the requirements of this article. Railroad tracks other than tracks within yards or stations are exempt from review under this article. [PL 1995, c. 493, §6 (AMD); PL 1995, c. 493, §21 (AFF).]

11. Farm and fire ponds. A pond that is used for irrigation of field crops, water storage for cranberry operations or fire protection determined to be necessary in that location by the municipal fire department is exempt from review under this article. This provision does not provide an exemption for excavation for borrow, clay, topsoil or silt. [PL 2011, c. 653, §21 (AMD); PL 2011, c. 653, §33 (AFF).]

12. Structures within permitted commercial and industrial subdivisions. A person may construct or cause to be constructed, or operate or cause to be operated, a structure on a lot in a commercial or industrial subdivision approved pursuant to this article without obtaining approval under this article for that structure, as long as all terms and conditions of the subdivision permit are met. This subsection applies to commercial or industrial subdivisions approved pursuant to this article on or after the effective date of this subsection. [PL 1993, c. 383, §26 (NEW); PL 1993, c. 383, §42 (AFF).]

13. Research and aquaculture leases. Activities regulated by the Department of Marine Resources under Title 12, section 6072 , 6072‑A , 6072‑B or 6072‑C are exempt from the requirements of this article. [PL 2007, c. 292, §28 (AMD).]

14. Developments within designated growth areas. The following provisions apply to developments within a designated growth area. A. A development is exempt from review under flood plain, noise and infrastructure standards under section 484 if that development is located entirely within: (1) A municipality that has adopted a local growth management program that has been certified under Title 5, section 3233 ; and (2) An area designated in that municipality's local growth management program as a growth area. An applicant claiming an exemption under this paragraph shall include with the application a statement from the Department of Agriculture, Conservation and Forestry affirming that the location of the proposed development meets the provisions of subparagraphs (1) and (2). An applicant claiming an exemption under this paragraph shall publish a notice of that application in a newspaper of general circulation in the region that includes the municipality in which the development is proposed to occur. That notice must include a statement indicating the standard or standards for which the applicant is claiming an exemption. [PL 2025, c. 388, Pt. D, §42 (AMD).] B. The commissioner may require application of the noise, flood plain or infrastructure standards to a proposed development if the commissioner determines, after receipt of a petition under subparagraph (1) or on the commissioner's own initiative under subparagraph (2), that a reasonable likelihood exists that the development will have a significant and unreasonable impact on flood plains, infrastructure or noise beyond the boundaries of the municipality within which the development is to be located. (1) Within 15 working days after the publication of the notice required under paragraph A , municipal officers or residents of the municipality in which the development is proposed to occur or municipal officers or residents of an abutting municipality may petition the commissioner to apply one or more of the standards for which an exemption is claimed under this subsection. A petition must be signed either by the municipal officers of the petitioning municipality or by 10% of that number of registered voters of the petitioning municipality casting ballots in the most recent gubernatorial election or 150 registered voters of the petitioning municipality, whichever is less. The petition must include the name and legal address of each signatory and must designate one signatory as the contact person. The commissioner shall notify the contact person and the applicant of the commissioner's decision within 10 working days after receipt of a petition meeting the requirements of this subsection. A decision by the commissioner under this subparagraph is appealable to the board. (2) A decision to require the application of one or more standards made on the commissioner's own initiative must be made within 15 working days after the application is filed with the department. [PL 1999, c. 468, §13 (AMD).] Nothing in this subsection may be construed to exempt a proposed development from review for flooding potential due to increases in storm water runoff caused by the development. [PL 2025, c. 388, Pt. D, §42 (AMD).]

15. Exemption for former military bases. Development on a military base at the time ownership of the military base is acquired by a state or local development authority is exempt from review under this article. Subsequent transfer of ownership or lease of a former military base or any portion of a former military base by a state or local development authority to another entity does not affect the exemption granted under this subsection. Development proposed or occurring on a former military base after ownership of the military base is acquired by a state or local development authority is subject to review under this article, except to the extent that the development reuses a building and associated facilities in existence on September 29, 1995. For purposes of this subsection, "military base" means all property under the ownership or control of a federal military authority prior to the acquisition of ownership by a state or local development authority, the ownership of which is subsequently acquired by a state or local development authority. For purposes of this subsection, "ownership" means a fee interest or leasehold interest in property. A. Development that is not exempt under this subsection is subject to review under this article if it meets the definition of "development of state or regional significance that may substantially affect the environment." [PL 2011, c. 551, §2 (NEW).] B. When reviewing a proposal for development of state or regional significance that may substantially affect the environment, the department may not consider in the review any development that is exempt from review pursuant to this subsection. [PL 2011, c. 551, §2 (NEW).] The provisions of this subsection do not apply to a proposed development to be located on property owned or controlled by the Midcoast Regional Redevelopment Authority established in Title 5, section 13083‑G . [PL 2025, c. 412, §6 (AMD).]

16. Small road quarry. [PL 1997, c. 502, §11 (RP); PL 1997, c. 502, §18 (AFF).]

17. Structure area within residential lots. Buildings, roads, paved areas or areas to be stripped or graded and not revegetated that are located within lots used solely for single-family residential housing are not counted toward the 3-acre threshold described in section 482, subsection 6, paragraph B for purposes of determining jurisdiction. A road associated only with such lots is also not counted toward the 3-acre threshold. For purposes of this subsection, "single-family residential housing" does not include multi-unit housing such as condominiums and apartment buildings. [PL 1997, c. 393, Pt. A, §45 (AMD).]

18. Roundwood and lumber storage yards. A roundwood or lumber storage yard and any road associated with the yard is exempt from review under this article, as provided in this subsection. A. A roundwood or lumber storage yard and any road associated solely with the yard, constructed on or after the effective date of this subsection, is exempt from review under this article provided it is constructed and operated in accordance with the erosion and sedimentation control standards and storm water management standards contained in board rules. The person conducting these activities shall file a notice of intent to comply with the department prior to clearing and construction. [PL 1995, c. 493, §7 (NEW).] B. A roundwood or lumber storage yard and any road associated solely with the yard, constructed prior to the effective date of this subsection, is exempt from review under this article provided the following requirements are met. (1) Within one year after the effective date of this subsection, a notice of intent to comply must be provided to the department. (2) Within 2 years of the effective date of this subsection, construction and operation of the yards and roads must be in compliance with the erosion and sedimentation control standards and storm water standards contained in board rules and adopted pursuant to section 484 . (3) Any expansion or alteration of such facilities must meet the requirements of paragraph A . [PL 2001, c. 232, §18 (AMD).] C. Notice of intent filed under this subsection must be complete, submitted on forms approved by the department and mailed by certified mail, return receipt requested. The notice must include a fee of $250. The fee for transfer or minor revision of the notice of intent is $105. [PL 2001, c. 232, §18 (AMD).] D. [PL 2001, c. 232, §19 (RP).] E. For purposes of this subsection only, "roundwood" means logs, bolts and other round sections of wood as they are cut from the tree and split firewood. [PL 1997, c. 603, §3 (AMD).] [PL 2001, c. 232, §§18, 19 (AMD).]

19. Municipal capacity. A structure, as defined in section 482, subsection 6 , that is from 3 acres up to and including 10 acres or a subdivision, as defined in section 482, subsection 5 , that is made up of 15 or more lots for single-family, detached, residential housing, common areas or open space with an aggregate area of from 30 acres up to and including 100 acres is exempt from review under this article if it is located wholly within a municipality or municipalities meeting the criteria in paragraphs A to D as determined by the department and it is located wholly within a designated growth area as identified in a comprehensive plan adopted pursuant to Title 30‑A, chapter 187, subchapter 2 . The planning board of the municipality in which the development is located or an adjacent municipality may petition the commissioner to review such a structure or subdivision if it has regional environmental impacts. This petition must be filed within 20 days of the receipt of the application by the municipality. State jurisdiction must be exerted, if at all, within 30 days of receipt of the completed project application by the commissioner from the municipality or within 30 days of receipt of any modification to that application from the municipality. Review by the department is limited to the identified regional environmental impacts. The criteria are as follows: A. A municipal planning board or reviewing authority is established and the municipality has adequate resources to administer and enforce the provisions of its ordinances. In determining whether this criterion is met, the commissioner may consider any specific and adequate technical assistance that is provided by a regional council; [PL 1995, c. 704, Pt. A, §20 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).] B. The municipality has adopted a site plan review ordinance. In determining the adequacy of the ordinance, the commissioner may consider model site plan review ordinances commonly used by municipalities in this State that address the issues reviewed under applicable provisions of this article prior to July 1, 1997; [PL 1997, c. 485, §1 (AMD).] C. The municipality has adopted subdivision regulations. In determining the adequacy of these regulations, the commissioner may consider model subdivision regulations commonly used by municipalities in this State; and [PL 1997, c. 485, §1 (AMD).] D. The former State Planning Office or the Department of Agriculture, Conservation and Forestry has determined that the municipality has a comprehensive land use plan and land use ordinances or zoning ordinances that are consistent with Title 30‑A, chapter 187 in providing for the protection of wildlife habitat, fisheries, unusual natural areas and archaeological and historic sites. [PL 2011, c. 655, Pt. FF, §13 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] The department, in consultation with the Department of Agriculture, Conservation and Forestry, shall publish a list of those municipalities determined to have capacity pursuant to this subsection. This list need not be established by rule and must be published by January 1st of each year. The list must specify whether a municipality has capacity to review structures or subdivisions of lots for single-family, detached, residential housing, common areas or open space or both types of development. The department may recognize joint arrangements among municipalities and regional organizations in determining whether the requirements of this subsection are met. The department may review municipalities that are determined to have capacity pursuant to this subsection for compliance with the criteria in paragraphs A to D , and if the department determines that a municipality does not meet the criteria, the department may modify or remove the determination of capacity. A modification to a development that was reviewed by a municipality and exempted pursuant to this subsection or was reviewed by the department prior to a determination that a municipality has capacity pursuant to this subsection is exempt as long as the modification will not cause the total area of the development to exceed the maximum acreage specified in this subsection for that type of development or, based upon information submitted by the municipality concerning the development and modification, the department determines that the modification may be adequately reviewed by the municipality. [PL 2021, c. 51, §1 (AMD).] Revisor's Note: (Subsection 19 as enacted by PL 1995, c. 625, Pt. A, §54 is REALLOCATED TO TITLE 38, SECTION 488, SUBSECTION 21)

20. Modifications in permitted subdivisions. Review is not required under this article in the following instances: A. When the owner of a single lot in a subdivision with a permit under this article conveys a right of access to adjacent land that was not part of the permitted subdivision, if the right-of-way is not contrary to the terms of the subdivision permit and the right-of-way is not more than 50 feet long; or [PL 2001, c. 232, §20 (AMD).] B. When 2 lot owners in a subdivision with a permit under this article convey reciprocal easements for the purpose of constructing a common driveway in place of 2 separate driveways, if the single driveway reduces the total amount of impervious area in the affected subwatershed and the single driveway is not contrary to the terms of the subdivision permit. [PL 2001, c. 232, §20 (AMD).] C. [PL 2001, c. 232, §20 (RP).] [PL 2001, c. 232, §20 (AMD).]

21. (REALLOCATED FROM T. 38, §488, sub-§19) Waste facilities. Waste facilities regulated by the department under section 1310‑N , 1319‑R or 1319‑X are exempt from review under this article. This exemption applies to new facilities, modifications of facilities, transfers of facilities and relicensing of facilities. [RR 1995, c. 2, §98 (RAL).]

22. Unauthorized subdivision lots in existence for at least 20 years. A lot that when sold or leased created a subdivision requiring a permit under this article is not considered a subdivision lot and is exempt from the permit requirement for a subdivision if a permit has not been obtained and the subdivision has been in existence for 20 or more years. A lot is considered a subdivision lot and is not exempt under this subsection if: A. Approval of the subdivision under this article was denied by the department and the department's decision was recorded in the appropriate registry of deeds; [PL 2003, c. 226, §1 (NEW).] B. The department has issued a notice of violation of this article with respect to the subdivision; or [PL 2003, c. 226, §1 (NEW).] C. The lot has been the subject of an enforcement action or order. [PL 2003, c. 226, §1 (NEW).] [PL 2003, c. 226, §1 (NEW).]

23. Agricultural fair property. Development on property that is used for one or more agricultural fairs licensed by the Commissioner of Agriculture, Conservation and Forestry under Title 7, chapter 4 is exempt from review under this article if: A. The property is not used for motorized vehicle racing for more than 14 days beyond those days authorized for the operation of the agricultural fair; [PL 2005, c. 217, §1 (NEW).] B. Motorized vehicle racing on the property is licensed by the Department of Public Safety; [PL 2005, c. 217, §1 (NEW).] C. Use of the property beyond those days authorized for the operation of the agricultural fair meets a noise standard pursuant to section 484, subsection 3 . The department shall enforce the noise standard under this paragraph; and [PL 2005, c. 217, §1 (NEW).] D. The property has been identified as the location of an agricultural fair in an agricultural fair license issued by the Department of Agriculture, Food and Rural Resources prior to September 15, 2006. [PL 2005, c. 217, §1 (NEW).] [PL 2005, c. 563, §17 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

24. Nonmetallic mining accessory uses and facilities. Accessory uses and facilities within an excavation or quarry operating under the performance standards in article 7 or 8‑A are exempt from this article if the performance standards in article 7 or 8‑A or the rules implementing those articles are at a minimum as restrictive as the standards imposed under this article. For the purposes of this subsection, "accessory uses and facilities" means uses and facilities associated with the processing of material pursuant to article 7 or 8‑A such as screening and the crushing, loading and manufacture of ready-mix concrete and bituminous concrete and associated products and weight scales, scale shacks and maintenance garages. This subsection does not apply to a development constructed during or after reclamation. [PL 2007, c. 616, §2 (NEW).]

25. Offshore wind power project and certain standards. An offshore wind power project with an aggregate generation capacity of 3 megawatts or more is exempt from review under the existing use standard in section 484, subsection 3 , insofar as the department determines that review is required under criteria specified in Title 12, section 1862, subsection 2, paragraph A , subparagraph (6). [PL 2009, c. 615, Pt. E, §20 (NEW).]

26. Exemption for existing ski area facilities. New construction at or a modification of a ski area facility permitted pursuant to this article is exempt from review under this article as provided in this subsection. A. New construction at or a modification of a ski area facility permitted pursuant to this article is exempt from review under this article if: (1) The additional disturbed area not to be revegetated does not exceed 30,000 square feet ground area in any calendar year and does not exceed 60,000 square feet ground area in total; (2) The construction or modification does not involve a division of the parcel of land; (3) The construction or modification is not of a building having an area in excess of 3,500 square feet; and (4) It is construction or modification of equipment or facilities that are ancillary to and necessary for the operation of the ski area facility permitted pursuant to this article, including, but not limited to, snowmaking equipment, lift towers, lights, signs, fences, water or air pumps, pump houses and storage buildings. [PL 2011, c. 551, §3 (NEW).] B. The permittee shall annually notify the department of any new construction or modifications conducted during the previous 12 months that fall under this exemption. The notice must identify the type, location and ground area of the new construction or modification. With the annual notification, the permittee shall provide to the department development plans certified by a professional engineer for the new construction or modification undertaken pursuant to this subsection. [PL 2011, c. 551, §3 (NEW).] C. When review under this article is required for new construction at or a modification of a permitted ski area facility, the permittee shall provide plans for the new development, as well as for those activities that have been undertaken pursuant to this subsection. [PL 2011, c. 551, §3 (NEW).] [PL 2011, c. 551, §3 (NEW).]

27. Exemption for educational institutions. New construction at or a modification of a campus of an educational institution permitted pursuant to this article is exempt from review under this article as provided in this subsection. For purposes of this subsection, "educational institution" means any private or public school or postsecondary institution. A. New construction at or a modification of a campus of an educational institution permitted pursuant to this article is exempt from review under this article if the additional disturbed area not to be revegetated does not exceed 40,000 square feet ground area in any calendar year and does not exceed 80,000 square feet ground area in total. [PL 2021, c. 123, §2 (AMD).] B. The permittee shall annually notify the department of any new construction or modifications conducted during the previous 12 months that fall under this exemption. The notice must identify the type, location and ground area of the new construction or modification. With the annual notification, the permittee shall provide to the department development plans certified by a professional engineer for the new construction or modification undertaken pursuant to this subsection. [PL 2011, c. 551, §3 (NEW).] C. When review under this article is required at an educational institution permitted pursuant to this article, the permittee shall provide plans for the new development, as well as for those activities that have been undertaken pursuant to this subsection. [PL 2011, c. 551, §3 (NEW).] D. Nothing in this subsection authorizes a person to undertake an activity on a parcel of land affected by an order or permit issued by the department that is contrary to that order or permit. [PL 2011, c. 551, §3 (NEW).] [PL 2021, c. 123, §2 (AMD).]

28. Applicability of exemptions. Unless otherwise specifically provided, nothing in this section exempts any activity from any requirements under this Title, rules adopted pursuant to this Title or the terms or conditions of a license, permit or order issued by the board or the commissioner. [PL 2011, c. 551, §3 (NEW).]

29. Exemption for new construction at or modification of existing development. New construction at or modification of an existing licensed development that is permitted pursuant to this article is exempt from review under this article if: A. The additional disturbed area not to be revegetated does not exceed 10,000 square feet ground area in any calendar year and does not exceed 20,000 square feet ground area in total; and [PL 2013, c. 183, §1 (NEW).] B. The construction or modification does not involve a division of the parcel of land. [PL 2013, c. 183, §1 (NEW).] The permittee shall annually notify the department of any new construction or modification undertaken during the previous 12 months that is governed by this subsection. The notice must identify the type, location and ground area of the new construction or modification. At the time of the annual notification, the permittee shall provide to the department development plans, certified by a professional engineer, for new construction or modification governed by this subsection. [PL 2013, c. 183, §1 (NEW).]

30. Exemption for construction of new dwelling units at existing development. New construction of dwelling units at an existing development that has been permitted pursuant to this article is exempt from review under this article if: A. The additional disturbed area not to be revegetated does not exceed 40,000 square feet ground area in any calendar year and does not exceed 80,000 square feet ground area in total; [PL 2025, c. 262, §1 (NEW).] B. Any new dwelling units to be constructed that are designed to accommodate more than 4 families are connected to a public water and sewer system; [PL 2025, c. 262, §1 (NEW).] C. The new construction is not contrary to the terms or conditions of the permit, other than by the addition of new disturbed area for dwelling units. An area designated by the permit for storm water management or for natural resource or visual buffers may not be developed under this exemption. Subsurface wastewater disposal systems or wells may not be constructed in an area excluded by the permit for the placement of those systems; and [PL 2025, c. 262, §1 (NEW).] D. The permittee annually notifies the department of any new construction conducted during the previous 12 months that is eligible for the exemption under this subsection. The notice must identify the type, location and ground area of the new construction. With the annual notification, the permittee shall provide to the department development plans certified by a professional engineer for the new construction undertaken pursuant to this subsection. [PL 2025, c. 262, §1 (NEW).] When review under this article is required at an existing development permitted pursuant to this article, the permittee shall provide plans for the new development, as well as for any activities that have been previously undertaken pursuant to this subsection. The permittee shall demonstrate that activities undertaken pursuant to this subsection met the requirements for storm water management in effect when the activities were undertaken and that were applicable to the activity considering the entirety of the development. For purposes of this subsection, "dwelling unit" means any part of a structure that, through sale or lease, is intended for human habitation, including single-family and multifamily housing, accessory dwelling units, condominiums, apartments and time-share units. [PL 2025, c. 262, §1 (NEW).]
38 M.R.S. § 468 — ME Code / Title 38 / Chapter 3 / Section 468
38 §468. Classifications of minor drainages
Status: in_force

All surface waters lying within the boundaries of the State that are in basins having a drainage area less than 100 square miles that are not classified as lakes or ponds are classified in this section. [PL 1989, c. 764, §20 (AMD).]

1. Cumberland County. Those waters draining directly or indirectly into tidal waters of Cumberland County, with the exception of the Androscoggin River Basin, the Presumpscot River Basin, the Royal River Basin and tributaries of the Androscoggin River Estuary and Merrymeeting Bay entering above the Chops (Woolwich and Bath, Sagadahoc County) - Class B unless otherwise specified. A. Freeport. (1) Frost Gully Brook - Class A. [PL 1989, c. 764, §21 (RPR).] A-1. Cape Elizabeth. (1) Trout Brook, those waters that form the town boundary with South Portland - Class C. [PL 2009, c. 163, §13 (NEW).] B. Portland. (1) All minor drainages unless otherwise specified - Class C. (2) Stroudwater River from its origin to tidewater, including all tributaries - Class B. [PL 2009, c. 163, §14 (AMD).] C. Scarborough. (1) All minor drainages - Class C unless otherwise specified. (2) Finnerd Brook - Class B. (3) Stuart Brook - Class B. (4) Nonesuch River from the headwaters to a point 1/2 mile downstream of Mitchell Hill Road crossing - Class B. (5) Tributaries of Stroudwater River from its origin to tidewater - Class B. [PL 2021, c. 551, §46 (AMD).] D. South Portland. (1) All minor drainages - Class C. (2) Trout Brook downstream of the first point where the brook becomes the town boundary between South Portland and Cape Elizabeth - Class C. [PL 2009, c. 163, §16 (AMD).] E. [PL 1989, c. 764, §21 (RP).] F. [PL 1989, c. 764, §21 (RP).] G. [PL 1989, c. 764, §21 (RP).] H. [PL 1989, c. 764, §21 (RP).] I. [PL 1989, c. 764, §21 (RP).] J. [PL 2021, c. 551, §47 (RP).] [PL 2021, c. 551, §§46, 47 (AMD).]

2. Hancock County. Those waters draining directly or indirectly into tidal waters of Hancock County, with the exception of the Union River Basin - Class B unless otherwise specified. A. All brooks, streams and segments of those brooks and streams that are within the boundaries of Acadia National Park - Class AA. [PL 1989, c. 764, §21 (RPR).] B. Blue Hill. (1) Carleton Stream, main stem, between First Pond and Second Pond - Class C. (2) Carleton Stream, main stem, from the outlet of First Pond to tidewater at Salt Pond - Class C. [PL 1989, c. 764, §21 (RPR).] C. Orland. (1) Alamoosook Lake, tributaries - Class A. [PL 1989, c. 764, §21 (RPR).] D. [PL 1989, c. 764, §21 (RP).] E. [PL 1989, c. 764, §21 (RP).] F. [PL 1989, c. 764, §21 (RP).] G. [PL 1989, c. 764, §21 (RP).] H. [PL 1989, c. 764, §21 (RP).] I. [PL 1989, c. 764, §21 (RP).] J. [PL 1989, c. 764, §21 (RP).] K. [PL 1989, c. 764, §21 (RP).] L. [PL 1989, c. 764, §21 (RP).] M. [PL 1989, c. 764, §21 (RP).] N. Township 7 Southern Division. (1) Whitten Parritt Stream - Class A. (2) Tributaries to Tunk Stream - Class A. [PL 2019, c. 333, §9 (AMD).] O. Sullivan. (1) Tributaries to Tunk Stream - Class A. (2) Tributaries to Donnell Pond - Class A. [PL 2021, c. 551, §48 (AMD).] P. Township 10 Southern Division. (1) Tunk Stream and its tributaries - Class A. (2) Tributaries to Donnell Pond - Class A. [PL 2021, c. 551, §49 (AMD).] Q. Township 9 Southern Division. (1) Tributaries to Donnell Pond - Class A. [PL 2021, c. 551, §50 (NEW).] R. Franklin. (1) Tributaries to Donnell Pond - Class A. [PL 2021, c. 551, §51 (NEW).] [PL 2021, c. 551, §§48-51 (AMD).]

3. Knox County. Those waters draining directly or indirectly into tidal waters of Knox County, with the exception of the St. George River Basin - Class B unless otherwise specified. A. [PL 1989, c. 764, §21 (RP).] B. [PL 1989, c. 764, §21 (RP).] C. [PL 1989, c. 764, §21 (RP).] D. [PL 1989, c. 764, §21 (RP).] E. [PL 1989, c. 764, §21 (RP).] F. [PL 1989, c. 764, §21 (RP).] G. [PL 1989, c. 764, §21 (RP).] H. [PL 1989, c. 764, §21 (RP).] [PL 1989, c. 764, §21 (RPR).]

4. Lincoln County. Those waters draining directly or indirectly into tidal waters of Lincoln County, with the exception of the Sheepscot River Basin and tributaries of the Kennebec River Estuary and Merrymeeting Bay entering above the Chops (Woolwich and Bath, Sagadahoc County) - Class B unless otherwise specified. A. [PL 1989, c. 764, §21 (RP).] B. [PL 1989, c. 764, §21 (RP).] C. [PL 1989, c. 764, §21 (RP).] D. Bristol. (1) Pemaquid River and its tributaries, all freshwater sections below Pemaquid Pond - Class A. [PL 2009, c. 163, §18 (NEW).] [PL 2017, c. 137, Pt. B, §12 (AMD).]

5. Penobscot County. Those waters draining directly or indirectly into tidal waters of Penobscot County, with the exception of tributaries of the Penobscot River Estuary entering north of a line extended in an east-west direction from the outlet of Reeds Brook in the village of Hampden Highlands - Class B unless otherwise specified. A. [PL 1989, c. 764, §21 (RP).] B. [PL 1989, c. 764, §21 (RP).] C. [PL 2017, c. 137, Pt. B, §13 (RP).] [PL 2017, c. 137, Pt. B, §13 (AMD).]

6. Sagadahoc County. Those waters draining directly or indirectly into tidal waters of Sagadahoc County, with the exception of tributaries of the Androscoggin River Estuary, the Kennebec River Estuary and Merrymeeting Bay entering above the Chops - Class B unless otherwise specified. A. [PL 1989, c. 764, §21 (RP).] [PL 2017, c. 137, Pt. B, §14 (AMD).]

7. Waldo County. Those waters draining directly or indirectly into tidal waters of Waldo County - Class B unless otherwise specified. A. Ducktrap River from the outlet of Tilden Pond to tidewater - Class AA. [PL 1989, c. 764, §21 (RPR).] B. [PL 1989, c. 764, §21 (RP).] C. [PL 1989, c. 764, §21 (RP).] D. Black Brook in Lincolnville - Class A. [PL 2009, c. 163, §19 (NEW).] E. Kendall Brook in Lincolnville - Class A. [PL 2009, c. 163, §20 (NEW).] F. Tucker Brook in Lincolnville - Class A. [PL 2009, c. 163, §21 (NEW).] G. Winterport. (1) Cove Brook, those waters above head of tide - Class AA. [PL 2017, c. 137, Pt. B, §15 (NEW).] [PL 2017, c. 137, Pt. B, §15 (AMD).]

8. Washington County. Those waters draining directly or indirectly into tidal waters of Washington County, including impoundments of the Pennamaquan River, with the exception of the Dennys River Basin, the East Machias River Basin, the Machias River Basin, the Narraguagus River Basin and the Pleasant River Basin - Class B unless otherwise specified. A. Jonesboro. (1) Chandler River and its tributaries above the highway bridge on Route 1 - Class A. [PL 1989, c. 764, §21 (RPR).] B. Whiting. (1) Orange River and its tributaries above the highway bridge on Route 1 - Class A. [PL 1989, c. 764, §21 (RPR).] C. [PL 1989, c. 764, §21 (RP).] D. [PL 1989, c. 764, §21 (RP).] E. [PL 1989, c. 764, §21 (RP).] F. [PL 1989, c. 764, §21 (RP).] G. [PL 1989, c. 764, §21 (RP).] H. [PL 1989, c. 764, §21 (RP).] I. [PL 1989, c. 764, §21 (RP).] J. Edmunds. (1) Hobart Stream - Class AA. [PL 1999, c. 277, §24 (NEW).] K. Steuben. (1) Whitten Parritt Stream - Class A. (2) Tunk Stream and tributaries upstream of Route 1 - Class A. [PL 2003, c. 663, §5 (AMD).] L. Harrington. (1) Harrington River and tributaries - Class A. [PL 2003, c. 663, §6 (NEW).] M. Columbia. (1) Harrington River and tributaries - Class A. [PL 2003, c. 663, §6 (NEW).] N. Addison. (1) Indian River - Class A. [PL 2003, c. 663, §6 (NEW).] O. Jonesport. (1) Indian River - Class A. [PL 2003, c. 663, §6 (NEW).] P. Cherryfield. (1) Tunk Stream and its tributaries - Class A. [PL 2019, c. 333, §11 (NEW); PL 2019, c. 463, §14 (NEW).] Q. Perry. (1) Boyden Stream - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . [PL 2019, c. 463, §14 (NEW).] [PL 2019, c. 333, §11 (AMD); PL 2019, c. 463, §14 (AMD).]

9. York County. Those waters draining directly or indirectly into tidal waters of York County, with the exception of the Saco River Basin, the Salmon Falls River Basin and the Mousam River Basin - Class B unless otherwise specified. A. Kennebunk. (1) Branch Brook - Class A. [PL 1989, c. 764, §21 (RPR).] B. Sanford. (1) Branch Brook - Class A. (2) Merriland River - Class A. [PL 1989, c. 764, §21 (RPR).] C. Wells. (1) Branch Brook - Class A. (2) Merriland River - Class A. (3) Webhannet River above Route 1 - Class A. (4) Depot Brook - Class A. (5) Blacksmith Brook above Route 1 - Class A. (6) Ogunquit River and tributaries above Interstate 95 - Class A. [PL 2003, c. 317, §22 (AMD).] D. [PL 1989, c. 764, §21 (RP).] [PL 2003, c. 317, §22 (AMD).]
38 M.R.S. § 86-A — ME Code / Title 38 / Chapter 1 / Section 86-A
38 §86-A. Jurisdiction over coastal waters and rivers
Status: in_force

This subchapter applies to all Maine coastal waters and navigable waters with the exception of: [PL 1987, c. 689, §1 (RPR).]

l. Piscataqua River. The Piscataqua River; [PL 1987, c. 689, §1 (RPR).]

2. Exempt waters. Those waters specifically exempted by the Maine Pilotage Commission; or [PL 1999, c. 355, §6 (AMD).]

3. Portland Harbor. Those waters specifically governed by the Board of Harbor Commissioners for Portland Harbor, except that the commission retains those duties set forth in section 90 as they relate to pilots operating in such waters. This section is not intended to confer jurisdiction or duties upon the commission with respect to the activities of docking masters overseen by the Board of Harbor Commissioners for Portland Harbor. [PL 2025, c. 253, §2 (AMD).]

4. Frenchman's Bay. [PL 1987, c. 689, §1 (RP).]

5. Eastport Harbor, Cobscook Bay, Penamquan River and Friar Roads. [PL 1987, c. 689, §1 (RP).]
38 M.R.S. § 1033 — ME Code / Title 38 / Chapter 10 / Section 1033
38 §1033. Scope and application
Status: in_force

The provisions of this chapter apply as follows. [PL 2013, c. 555, §6 (NEW).]

1. Applicable to all sewer districts. Except as otherwise provided in the statutory provisions listed in this subsection or in subsection 6 , the following provisions are incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with the following provisions is void. A. Section 1036, subsection 7 ; [PL 2013, c. 555, §6 (NEW).] B. Section 1037 ; [PL 2013, c. 555, §6 (NEW).] C. Section 1040 ; [PL 2013, c. 555, §6 (NEW).] D. Section 1042 ; [PL 2013, c. 555, §6 (NEW).] E. Section 1045 ; [PL 2013, c. 555, §6 (NEW).] F. Section 1046, subsection 1 and subsection 4 ; [PL 2013, c. 555, §6 (NEW).] G. Section 1048, subsection 1, paragraph B and subsection 5 ; [PL 2017, c. 151, §1 (AMD).] H. Section 1050 ; and [PL 2017, c. 151, §1 (AMD).] I. Section 1051 . [PL 2017, c. 151, §2 (NEW).] [PL 2017, c. 151, §§1, 2 (AMD).]

2. Mandatory provisions from former chapter 12. The following provisions apply to all sewer districts: A. Section 1038 ; [PL 2013, c. 555, §6 (NEW).] B. Section 1049 ; [PL 2013, c. 555, §6 (NEW).] C. [PL 2017, c. 151, §3 (RP).] D. Section 1054 ; and [PL 2013, c. 555, §6 (NEW).] E. Section 1055 . [PL 2013, c. 555, §6 (NEW).] [PL 2017, c. 151, §3 (AMD).]

3. Standard provisions. Except as provided in subsections 1 and 2 or other express provisions of this chapter, the provisions of this chapter do not apply to a sewer district unless the charter of that district incorporates those provisions. [PL 2013, c. 555, §6 (NEW).]

4. Mandatory provisions. Provisions governing the following aspects of a standard district are not included in this chapter and must be otherwise specified in a standard district charter: A. The corporate name of the standard district; [PL 2013, c. 555, §6 (NEW).] B. The territorial limits of the standard district; [PL 2013, c. 555, §6 (NEW).] C. The number of trustees of the standard district, which in accordance with section 1036 may not be less than 3; [PL 2013, c. 555, §6 (NEW).] D. The appointing authority responsible for appointing or the method of electing the first board of trustees; [PL 2013, c. 555, §6 (NEW).] E. The terms of the trustees who are elected or appointed subsequent to the first board. Terms of the first board are determined pursuant to section 1036, subsection 4 ; [PL 2013, c. 555, §6 (NEW).] F. Whether the trustees, subsequent to the first board, are appointed or elected; and [PL 2013, c. 555, §6 (NEW).] G. The procedures for the local referendum on the creation of the standard district. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

5. Optional provisions. A standard district charter may include provisions relating to the following: A. Special qualifications of trustees; [PL 2013, c. 555, §6 (NEW).] B. Election of trustees by other than at-large elections as provided in section 1036, subsection 1 . Any provision for election of trustees by other than at-large elections must establish voting districts in conformance with the judicial principle of one person, one vote; [PL 2013, c. 555, §6 (NEW).] C. Additional purposes and powers of the standard district, such as authority to buy out an existing sewer company or to provide water or other utility services; [PL 2013, c. 555, §6 (NEW).] D. Areas outside the standard district's territory in which the standard district is authorized to provide sewer services or accept sewage or septage; [PL 2013, c. 555, §6 (NEW).] E. Areas outside the standard district's territory in which the standard district is authorized to locate facilities; [PL 2013, c. 555, §6 (NEW).] F. Notwithstanding section 1053 , a specific debt limit; [PL 2013, c. 555, §6 (NEW).] G. Towns with which the standard district is authorized to contract to provide sewer service; and [PL 2013, c. 555, §6 (NEW).] H. Any other provisions or duties necessary to accomplish the legislative purposes for creating the standard district. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

6. Limited sewer districts; exception. Except as otherwise provided in this subsection or other applicable law, a sewer district whose sewerage collection activities are limited to collection performed pursuant to a contract with one or more municipalities is exempt from the requirements of this chapter. The sewerage collection activities may include the ownership, maintenance or operation of the collection facilities but not the fixing of rate schedules for their use. If the sewer district owns the collection facilities used under the contract, the sewer district is subject to the requirements of section 1042 . [PL 2013, c. 555, §6 (NEW).]

7. Guidelines for modified charters. As determined appropriate by the Legislature, a standard district charter may include provisions that differ from the provisions in this chapter. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 584-E — ME Code / Title 38 / Chapter 4 / Section 584-E
38 §584-E. Exclusions from applicable increments -- Class I, II and III regions
Status: in_force

1. Exclusions from applicable increments. The following concentrations shall be excluded in determining compliance with applicable increments: A. Concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 over the emissions from such sources before the effective date of such order; [PL 1979, c. 381, §7 (NEW).] B. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities; and [PL 1979, c. 381, §7 (NEW).] C. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration. [PL 1979, c. 381, §7 (NEW).] [PL 1979, c. 381, §7 (NEW).]
38 M.R.S. § 490-Z — ME Code / Title 38 / Chapter 3 / Section 490-Z
38 §490-Z. Performance standards for quarries
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, §6 (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. 700, §35 (NEW).]

3. Groundwater protection. To ensure adequate groundwater protection, the following setback requirements must be met. A. A 200-foot separation must be maintained between an excavation and a private drinking water supply that is point driven or dug and was in existence prior to the excavation. [PL 1995, c. 700, §35 (NEW).] B. A 100-foot separation must be maintained between an excavation and a private drinking water supply that is drilled into saturated bedrock and was in existence prior to the excavation. [PL 1995, c. 700, §35 (NEW).] C. Separation must be maintained between an excavation and a public drinking water source 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, 42 United States Code, Sections 300f to 300j-26 (1988), the separation must be 1,000 feet. [PL 1995, c. 700, §35 (NEW).] D. Refueling operations, oil changes, other maintenance activities requiring the handling of fuels, petroleum products and hydraulic fluids and other on-site activity involving 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. 700, §35 (NEW).] E. In the event of excavation below the seasonal high water table, a 300-foot separation must be maintained between the limit of excavation and any predevelopment private drinking water supply and a 1000-foot separation must be maintained between the limit of excavation and any 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 1995, c. 700, §35 (NEW).] The department may grant a variance from the provisions of paragraph C upon consultation with the person or entity that controls the public drinking water supply affected by the excavation. The department may not grant a waiver from the provisions of paragraph A , B or D . Excavation below the seasonal high water table is prohibited. The department may grant a variance allowing excavation below the seasonal high water table if the applicant demonstrates that the yield of groundwater flow to protected waters or wetlands or public drinking water sources or private drinking water supplies will not be adversely affected by the excavation. In the event of excavation below the seasonal high water table, the operator of a mining activity that affects by excavation activities a public drinking water source or private drinking water supply by 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 provision is not intended to replace any independent action that a person may have whose water supply is affected by a mining activity. [PL 2005, c. 158, §11 (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 operation of a quarry 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, §35 (NEW).]

5. 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 have the characteristics listed in paragraph B . Excavation activities conducted within 100 feet of a protected natural resource must comply with the applicable permit requirements 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, §7 (AMD).] B. A natural buffer strip at least 75 feet wide must be maintained between the working edge of the excavation and a body of water other than as described in paragraph A , a river, stream or brook, coastal wetland or significant wildlife habitat contained within 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, §35 (NEW).] For purposes of this subsection, the width of a natural buffer strip is measured from the upland edge of a floodplain wetland. If no floodplain wetlands are present, the width is measured from the normal high-water mark of the river, stream or brook. The width is measured from the normal high-water mark of a great pond and 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 . A quarry is not eligible for a permit by rule under department rules regarding activities adjacent to a protected natural resource. [PL 2007, c. 616, §7 (AMD).]

6. 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. 700, §35 (NEW).] B. A natural buffer strip at least 100 feet wide must be maintained between the working edge of the excavation and any other public road. 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, §12 (AMD).] C. A natural buffer strip at least 50 feet wide must be maintained between the working edge of an excavation and a private road or a 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 persons having a right-of-way over the private road. [PL 1995, c. 700, §35 (NEW).] The department may not grant a variance from the provisions of paragraph A or C . The department may grant a variance from paragraph B if the variance does 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, §12 (AMD).]

7. Property boundary. A natural buffer strip at least 100 feet wide must be maintained between an excavation and any property boundary. This distance may be reduced to 10 feet with the written permission of the affected abutting 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 natural buffer strip between quarries owned by abutting owners may be eliminated with the abutter's written permission if the elimination of this natural 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, §12 (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. Stockpiles consisting of topsoil to be used for reclamation must be seeded, mulched or otherwise temporarily stabilized. A. Sediment may not leave the parcel or enter a protected natural resource. [PL 1995, c. 700, §35 (NEW).] B. Grubbed areas not internally drained must be stabilized. [PL 1995, c. 700, §35 (NEW).] C. 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, §4 (AMD).] D. 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, §4 (NEW).] The department may not grant a variance from the provisions of paragraph A , B , C or D . 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, §4 (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, §13 (NEW).] B. A waste discharge must meet standards and obtain authorization if required pursuant to section 413 . [PL 2005, c. 158, §13 (NEW).] [PL 2005, c. 158, §13 (RPR).]

10. Traffic. The following provisions govern traffic. A. [PL 1995, c. 700, §35 (NEW); MRSA T. 38 §§490-Z, sub-§10, ¶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, §17 (AMD).] [PL 1999, c. 468, §17 (AMD).]

11. Noise. Noise levels may not exceed applicable noise limits in rules adopted by the board. [PL 1995, c. 700, §35 (NEW).]

12. Dust. Dust generated by activities at a quarry, including dust associated with traffic to and from a quarry, must be controlled by sweeping, paving, watering or other best management practices for control of fugitive emissions. Dust control methods may include calcium chloride as long as 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, §14 (AMD).]

13. Reclamation. The affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation. Reclamation may be conducted in accordance with the department's best management practices for erosion and sedimentation control and must include the following. A. Highwalls, or quarry faces, must be treated in such a manner as to leave them in a condition that minimizes the possibility of rock falls, slope failures and collapse. A highwall that is loose must be controlled by the use of blasting or scaling, the use of safety benches, the use of flatter slopes or reduced face heights or the use of benching near the top of the face or rounding the edge of the face. [PL 1995, c. 700, §35 (NEW).] B. A vegetative cover must be established by seeding or planting within one year of the completion of excavation. Vegetative cover must be established on all affected land except for quarry walls and flooded areas. A vegetative cover must be established on safety benches, unless otherwise approved by the department. Topsoil must be placed, seeded and mulched within 30 days of final grading. 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 material results in permanent 90% ground cover. Vegetative cover used in reclamation must consist of grasses, legumes, herbaceous or woody plants, shrubs, trees or a mixture of these. [PL 1997, c. 364, §23 (AMD).] C. All structures, once no longer in use, and all access roads, haul roads and other support roads must be reclaimed. [PL 1995, c. 700, §35 (NEW).] D. All affected lands must be reclaimed within 2 years after final grading. [PL 1995, c. 700, §35 (NEW).] E. Topsoil that is stripped or removed must be stockpiled for use in reclaiming disturbed land areas. The department may grant a variance from this paragraph if the applicant demonstrates that the soil is not needed for reclamation purposes. [PL 1995, c. 700, §35 (NEW).] F. The department may require a bond payable to the State with sureties satisfactory to the department or such other security as the department determines 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. [PL 1995, c. 700, §35 (NEW).] G. The board may adopt or amend rules to carry out this subsection, including rules relating to operational 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; and the manner of determining when the bond or other security may be discharged. [PL 1995, c. 700, §35 (NEW).] [PL 1997, c. 364, §23 (AMD).]

14. Blasting. The applicant must ensure that the blasting is conducted in accordance with Title 25, chapter 318 . A. The owner or operator shall use sufficient stemming, matting or natural protective cover to prevent flyrock from leaving property owned or under control of the owner or operator or from entering protected natural resources or natural buffer strips. Crushed rock or other suitable material must be used for stemming when available; native gravel, drill cuttings or other material may be used for stemming only if no other suitable material is available. [PL 1995, c. 700, §35 (NEW).] B. The maximum allowable airblast at any inhabited building not owned or controlled by the developer may not exceed 129 decibels peak when measured by an instrument having a flat response (+ or - 3 decibels) over the range of 5 to 200 hertz. [PL 1995, c. 700, §35 (NEW).] C. The maximum allowable airblast at an uninhabited building not owned or controlled by the developer may not exceed 140 decibels peak when measured by an instrument having a flat response (+ or - 3 decibels) over the range of 5 to 200 hertz. [PL 1995, c. 700, §35 (NEW).] D. Monitoring of airblast levels is required in all cases for which a preblast survey is required by paragraph F . The department may waive the monitoring requirement if the owner or operator secures the permission of affected property owners to increase allowable airblast levels on their property and the department determines that no protected natural resource will be adversely affected by the increased airblast levels. [PL 1995, c. 700, §35 (NEW).] E. If a blast is to be initiated by detonating cord, the detonating cord must be covered by crushed rock or other suitable cover to reduce noise and concussion effects. [PL 1995, c. 700, §35 (NEW).] F. A preblast survey is required for all production blasting and must extend a minimum radius of 1/2 mile from the blast site. The preblast survey must document any preexisting damage to structures and buildings and any other physical features within the survey radius that could reasonably be affected by blasting. Assessment of features such as pipes, cables, transmission lines and wells and other water supply systems must be limited to surface conditions and other readily available data, such as well yield and water quality. The preblast survey must be conducted prior to the initiation of blasting at the operation. The owner or operator shall retain a copy of all preblast surveys for at least one year from the date of the last blast on the development site. (1) The owner or operator is not required to conduct a preblast survey if the department determines that no protected natural resource within the limits of the otherwise required survey is likely to be affected by blasting and production blasting will not occur within 2000 feet of any building not owned or under the control of the developer. (2) The owner or operator is not required to conduct a preblast survey on properties for which the owner or operator documents the rejection of an offer by registered letter, return receipt requested, to conduct a preblast survey. Any person owning a building within a preblast survey radius may voluntarily waive the right to a survey. (3) The owner or operator is not required to conduct a preblast survey if the owner or operator agrees to design all blasts so that the weight of explosives per 8 millisecond or greater delay does not exceed that determined by the equation W=(D/Ds), where W is the maximum allowable weight of explosives per delay of 8 milliseconds or greater, D is the shortest distance between any area to be blasted and any inhabitable structure not owned or controlled by the developer and Ds equals 70 ft./(lb.) . [PL 2005, c. 158, §15 (AMD).] G. Blasting may not occur in the period between sundown and sunrise the following day or in the period between 7:00 p.m. and 7:00 a.m., whichever is greater. Routine production blasting is not allowed in the daytime on Sunday. Detonation of misfires may occur outside of these times but must be reported to the department within 5 business days of the misfire detonation. Blasting may not occur more frequently than 4 times per day. Underground production blasting may be exempted from these requirements provided that a waiver is granted by the department. [PL 1995, c. 700, §35 (NEW).] H. Sound from blasting may not exceed the following limits at any protected location: Number of Blasts Per Day Sound Level Limit 1 129 decibels 2 126 decibels 3 124 decibels 4 123 decibels [PL 1995, c. 700, §35 (NEW).] I. The maximum peak particle velocity at inhabitable structures not owned or controlled by the developer may not exceed the levels established in Table 1 in paragraph K and the graph published by the United States Department of the Interior in "Bureau of Mines Report of Investigations 8507," Appendix B, Figure B-1. The department may grant a variance to allow ground vibration levels greater than 2 inches per second on undeveloped property not owned or controlled by the applicant if the department determines that no protected natural resource, unusual natural area or historic site will be adversely affected by the increased ground vibration levels. If inhabitable structures are constructed on the property after approval of the development and prior to completion of blasting, the developer immediately must notify the department and modify blasting procedures to remain in compliance with the standards of this subsection. [PL 1995, c. 700, §35 (NEW).] J. Based upon an approved engineering study, the department may grant a variance to allow higher vibration levels for certain buildings and infrastructures. In reviewing a variance application, the department shall take into account that the standards in this paragraph and paragraph I are designed to protect conventional low-rise structures such as churches, homes and schools. In cases of practical difficulty, the department may grant a variance from paragraph I if it can be demonstrated that no adverse impacts on existing infrastructures or protected natural resources, unusual natural areas or historic sites will result. [PL 1995, c. 700, §35 (NEW).] K. Table 1 of this paragraph or the graph published by the United States Department of the Interior in "Bureau of Mines Report of Investigations 8507," Appendix B, Figure B-1 must be used to evaluate ground vibration effects for those blasts for which a preblast survey is required. (1) Either Table 1 of this paragraph or the graph published by the United States Department of the Interior in "Bureau of Mines Report of Investigations 8507," Appendix B, Figure B-1 may be used to evaluate ground vibration effects when blasting is to be monitored by seismic instrumentation. (2) Blasting measured in accordance with Table 1 of this paragraph must be conducted so that the peak particle velocity of any one of the 3 mutually perpendicular components of motion does not exceed the ground vibration limits at the distances specified in Table 1 of this paragraph. (3) Seismic instruments that monitor blasting in accordance with Table 1 of this paragraph must have the instrument's transducer firmly coupled to the ground. (4) An owner or operator using Table 1 of this paragraph must use the scaled-distance equation, W=(D/Ds), to determine the allowable charge weight of explosives to be detonated in any 8 millisecond or greater delay period without seismic monitoring, where W is equal to the maximum weight of explosives, in pounds, and D and Ds are defined as in Table 1 of this paragraph. The department may authorize use of a modified scaled-distance factor for production blasting if the owner or operator can demonstrate to a 95% confidence level, based upon records of seismographic monitoring at the specific site of the mining activity covered by the permit, that use of the modified scaled-distance factor will not cause the ground vibration to exceed the maximum allowable peak particle velocities of Table 1 of this paragraph. (5) Blasting monitored in accordance with the graph published by the United States Department of the Interior in "Bureau of Mines Report of Investigations 8507," Appendix B, Figure B-1 must be conducted so that the continuously variable particle velocity criteria are not exceeded. The owner or operator may apply for a variance of the ground vibration monitoring requirement prior to conducting blasting at the development site if the owner or operator agrees to design all blasts so that the weight of explosives per 8 millisecond or greater delay does not exceed that determined by the equation W=(D/Ds), where W is the maximum allowable weight of explosives per delay of 8 milliseconds or greater, D is the shortest distance between any area to be blasted and any inhabitable structure not owned or controlled by the developer and Ds equals 70 ft./lb.. As a condition of the variance, the department may require submission of records certified as accurate by the blaster and may require the owner or operator to document compliance with the conditions of this paragraph. The following is Table 1. Distance versus Peak Particle Velocity Method Distance (D) from the blast area (feet) Maximum allowable peak particle velocity (Vmax) for ground vibration (in./sec.) Scaled-distance factor (Ds) to be applied without seismic monitoring 0 to 300 1.25 50 301-5000 1.00 55 Greater than 5000 0.75 65 [PL 1995, c. 700, §35 (NEW).] L. A record of each blast, including seismographic data, must be kept for at least one year from the date of the last blast, must be available for inspection at the development or at the offices of the owner or operator if the development has been closed, completed or abandoned before the one-year limit has passed and must contain at a minimum the following data: (1) Name of blasting company or blasting contractor; (2) Location, date and time of blast; (3) Name, signature and social security number of blaster; (4) Type of material blasted; (5) Number and spacing of holes and depth of burden or stemming; (6) Diameter and depth of holes; (7) Type of explosives used; (8) Total amount of explosives used; (9) Maximum amount of explosives used per delay period of 8 milliseconds or greater; (10) Maximum number of holes per delay period of 8 milliseconds or greater; (11) Method of firing and type of circuit; (12) Direction and distance in feet to the nearest dwelling, public building, school, church or commercial or institutional building neither owned nor controlled by the developer; (13) Weather conditions, including factors such as wind direction and cloud cover; (14) Height or length of stemming; (15) Amount of mats or other protection used; (16) Type of detonators used and delay periods used; (17) The exact location of each seismograph and the distance of each seismograph from the blast; (18) Seismographic readings; (19) Name and signature of the person operating each seismograph; and (20) Names of the person and the firm analyzing the seismographic data. [PL 1995, c. 700, §35 (NEW).] M. All field seismographs must record the full analog wave form of each of the 3 mutually perpendicular components of motion in terms of particle velocity. All seismographs must be capable of sensor check and must be calibrated according to the manufacturer's recommendations. [PL 1995, c. 700, §35 (NEW).] N. If any blasting activity exceeds the standards in this subsection, the department must be notified within 48 hours of the blast event. Notification must include the name of the blasting operator, the location, date and time of the blasting event and a description of the specific occurrence that is in noncompliance with this subsection. Use of explosives at the quarry may be suspended by the department until the cause of the noncompliance is identified and appropriate steps are implemented to reduce, prevent or eliminate reoccurrence. [PL 2007, c. 297, §10 (NEW).] O. Prior to blasting, the owner or operator shall develop and implement a plan that provides an opportunity for prior notification of a planned blast for all persons located within 1,000 feet of the blast site. Notification may be by telephone, in writing, by public notice in a newspaper of general circulation in the area affected or by other means identified in the plan. The plan must be in writing and available for inspection by the department. [PL 2007, c. 297, §11 (NEW).] [PL 2007, c. 297, §§10, 11 (AMD).]

15. Lighting. Lighting must be shielded from adjacent highways and residential areas. [PL 2007, c. 616, §8 (NEW).]
38 M.R.S. § 424-B — ME Code / Title 38 / Chapter 3 / Section 424-B
38 §424-B. Water Quality Improvement Fund
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Fund" means the Water Quality Improvement Fund established in this section. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]

2. Fund established. The Water Quality Improvement Fund is established as a nonlapsing fund under the jurisdiction and control of the department. The fund is established in order to improve and protect water quality in coastal areas through support of the growing area classification program within the water quality and public health program at the Department of Marine Resources, improve the State's wastewater infrastructure, remove licensed overboard discharges, abate pollution from failed subsurface wastewater disposal systems and improve the identification of pollution in shellfish harvesting areas. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]

3. Sources of the fund. The fund consists of: A. Dedicated revenue derived from surcharges in accordance with section 353‑B, subsection 2, paragraph A ; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] B. Dedicated revenue derived from surcharges in accordance with Title 30‑A, section 4211, subsection 5, paragraph D ; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] C. Sums that are appropriated by the Legislature or transferred to the fund from time to time by the State Controller; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] D. Capitalization grants and awards made to the State or an instrumentality of the State by the Federal Government for any of the purposes for which the fund has been established; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] E. Interest earned from the investment of fund balances; [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] F. Private gifts or bequests, directed or advised, and donations made to the State for any of the purposes for which the fund has been established; and [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] G. Other funds from any public or private source received for use for any of the purposes for which the fund has been established. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]

4. Distribution. After administrative costs, revenue credited to the fund must be distributed as follows. A. Those funds necessary to support 3 positions in the growing area classification program, including All Other costs and $20,000 each year for overtime, within the water quality and public health program at the Department of Marine Resources or 50% of the fund, whichever is greater, must be transferred to the Department of Marine Resources. Any funds transferred in excess of those necessary to support the 3 positions is to be used to support flood sampling and processing overtime work by staff in the growing area classification program. At the end of each fiscal year, any remaining funds must be transferred to the fund and used for the purposes described in paragraph B . [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] B. The remaining balance of the fund must be used to support the removal of licensed overboard discharges; investment in the improvement of the State's wastewater infrastructure; abate or remove sources of pollution from failing subsurface wastewater disposal systems; and support municipal or other qualified applicants in identifying pollution in shellfish harvesting areas. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).] The department is authorized to be reimbursed from the fund for administrative costs. "Administrative costs" for purposes of this subsection means personal services directly associated with the processing and collection of the license surcharges in section 353‑B, subsection 2, paragraph A . The department and the Department of Marine Resources shall annually provide an itemized description of the prior year's expenses from the fund and a proposed budget for the following year to the Shellfish Advisory Council established under Title 12, section 6038 and to representatives of publicly owned treatment works. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]

5. Grants. Provided there are available funds, the department shall establish procedures and criteria for the grant application process, eligibility for grants and the award and use of grants made under this section. [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]

6. Rules. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 213, Pt. FFFF, §5 (NEW).]
38 M.R.S. § 1611 — ME Code / Title 38 / Chapter 16 / Section 1611
38 §1611. Plastic bag reduction
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Plastic" means an organic or petroleum derivative synthetic or a semisynthetic organic solid that is moldable, and to which additives or other substances may have been added. "Plastic" does not include natural polymers that have not been chemically modified. [PL 2019, c. 346, §2 (NEW).] B. "Point of sale" means a check‑out stand, cash register or other point of departure from a retail establishment. [PL 2019, c. 346, §2 (NEW).] C. "Post-consumer recycled material" means a recycled material that if not recycled would otherwise have been destined for solid waste disposal, having completed its intended end use and product life cycle. "Post-consumer recycled material" does not include materials and by­products generated from, and commonly reused in, an original manufacturing and fabrication process. [PL 2019, c. 346, §2 (NEW).] D. "Recycled paper bag" means a paper bag that: (1) Is 100% recyclable; and (2) Contains at least 20% post-consumer recycled material if it has a capacity to hold at least 8 pounds, [PL 2019, c. 346, §2 (NEW).] E. "Restaurant" means an establishment that sells prepared food directly to the consumer. [PL 2019, c. 346, §2 (NEW).] F. "Retail establishment" means a store, a restaurant or a temporary business. [PL 2019, c. 346, §2 (NEW).] G. "Reusable bag" means a bag with handles that: (1) Is designed and manufactured to withstand a minimum of 75 repeated uses; (2) Is machine washable or made from a material that can be cleaned and disinfected regularly; (3) If made from plastic is at least 4 mils thick; and (4) Has the capability of carrying a minimum of 18 pounds. [PL 2019, c. 346, §2 (NEW).] H. "Single-use carry-out bag" means a bag that is made of plastic, paper or other material provided by a retail establishment within the retail establishment for the purpose of transporting merchandise away from the retail establishment or for packaging, protecting or otherwise containing merchandise within the retail establishment and that is not a recycled paper bag or a reusable bag. [PL 2019, c. 674, §1 (AMD).] I. "Store" means a retail store that engages in the retail sale of merchandise, including food, goods, products and clothing. "Store" includes grocery stores primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh meats, fish and poultry and convenience stores engaged in the sale of a limited line of goods, including milk, bread, soda and snack foods, and prepared foods intended to be consumed off the premises. [PL 2019, c. 346, §2 (NEW).] J. "Temporary business" means a seasonal or nonpermanent retail establishment such as a farmers' market or fair that sells merchandise including food, goods, products or clothing. [PL 2019, c. 346, §2 (NEW).] [PL 2019, c. 674, §1 (AMD).]

2. Prohibition; exemptions. This subsection governs the use of single-use carry-out bags. A. Except as otherwise provided in this subsection, beginning April 22, 2020, a retail establishment may not provide a single-use carry-out bag to a customer at the point of sale or otherwise make single-use carry-out bags available to customers. [PL 2019, c. 346, §2 (NEW).] B. The prohibition in paragraph A does not apply to: (1) Bags provided by a pharmacy to a customer for transporting a prescription medication away from the store; (2) Bags without handles used to protect items from being damaged or from damaging or contaminating other purchased items placed in a recycled paper bag or a reusable bag; (3) Bags used by customers inside a retail establishment to package loose items, such as fruits, vegetables, nuts, coffee, grains, bakery goods, candy, greeting cards or small hardware items; to contain or wrap frozen foods, meats or fish; or to contain or wrap flowers or potted plants; (4) Laundry, dry cleaning or garment bags, including bags provided by a hotel to guests to contain wet or dirty clothing or bags provided to protect large garments like suits, jackets or dresses; (5) Newspaper bags; (6) Bags sold in packages containing multiple bags intended to contain garbage, pet waste or yard waste; (7) Bags used to contain live animals, such as fish or insects sold in pet stores; (8) Bags used for vehicle tires; (9) Bags used to transport chemical pesticides, drain cleaning chemicals or other caustic chemicals sold at a retail establishment; (10) Bags used by a hunger relief organization such as a food pantry or soup kitchen to distribute food directly to the consumer at no charge; (11) Bags that customers bring to the retail establishment for their own use or for carrying away from the retail establishment goods that are not placed in a bag provided by the retail establishment. [PL 2019, c. 346, §2 (NEW).] C. A retail establishment may make single-use carry-out bags made of plastic that are exempted in paragraph B available to customers to bag products within the retail establishment other than at the point of sale only if the retail establishment: (1) Locates inside the retail establishment or within 20 feet of the main entrance to the retail establishment a receptacle for collecting any used single-use carry-out bags made of plastic; and (2) Ensures that single-use carry-out bags made of plastic that are collected by the retail establishment are recycled or delivered to a person engaged in recycling plastics. [PL 2019, c. 346, §2 (NEW).] [PL 2019, c. 346, §2 (NEW).]

3. Recycled paper bag fees and reusable plastic bag fees; exemptions. This subsection governs fees assessed on recycled paper bags and on reusable bags made of plastic. A. Beginning January 15, 2021 a retail establishment may provide a recycled paper bag or a reusable bag made of plastic to bag products at the point of sale as long as the retail establishment charges a fee of at least 5¢ per bag. (1) All amounts collected pursuant to this paragraph are retained by the retail establishment and may be used for any lawful purpose. (2) A retail establishment may not rebate or otherwise reimburse a customer any portion of the fee charged pursuant to this paragraph. [PL 2021, c. 186, §18 (AMD).] B. The requirement to charge a fee under paragraph A does not apply to: (1) Stores at which less than 2% of retail sales are attributed to the sale of food and that have less than 10,000 square feet of retail area; (2) Restaurants; or (3) Hunger relief organizations engaged in distributing food directly to consumers at no charge. A retail establishment exempt from charging a fee under this paragraph may charge a fee for a recycled paper bag or a reusable bag made of plastic. [PL 2019, c. 346, §2 (NEW).] [PL 2021, c. 186, §18 (AMD).]

4. Violations. A retail establishment that violates a provision of this section is subject to civil penalties under section 349 . [PL 2019, c. 346, §2 (NEW).]

5. Preemption. To ensure maximum effectiveness through uniform statewide application, the State intends to occupy the whole field of regulation of single-use carry-out bags at retail establishments beginning March 17, 2020. A local government may not adopt an ordinance regulating single-use carry-out bags at retail establishments and, beginning January 15, 2021, any ordinance or regulation that violates this subsection is void and has no force or effect. [PL 2019, c. 617, Pt. J, §2 (AMD).]
38 M.R.S. § 536 — ME Code / Title 38 / Chapter 3 / Section 536
38 §536. Interpretation and purpose
Status: in_force

The form and contents of such compact are as set forth in this subchapter and the effect of its provisions shall be interpreted and administered in conformity with this subchapter. New England Interstate Water Pollution Control Compact

Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of 2 or more states; and

Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and

Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the cooperation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement; now, therefore, the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont do agree and are bound as provided in this subchapter.
38 M.R.S. § 552-B — ME Code / Title 38 / Chapter 3 / Section 552-B
38 §552-B. Financial responsibility and facility closure
Status: in_force

1. Financial responsibility; liability and facility closure costs. An owner or operator of an oil terminal facility shall provide to the department evidence of the owner's or operator's financial ability to satisfy the liability imposed pursuant to section 552 and to satisfy estimated probable facility closure costs in compliance with this subchapter and rules adopted by the department. A. The owner or operator of a facility shall provide to the department evidence of the owner's or operator's financial ability to satisfy the liability imposed pursuant to section 552 in an amount no less than $2,000,000. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] B. To be eligible for a license required under this subchapter, the owner or operator of a facility shall file with the department an estimate of probable facility closure costs and a preliminary facility closure plan and shall provide evidence of the owner's or operator's financial ability to satisfy those estimated costs. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] C. Subject to the approval of the department, the owner or operator of a facility may establish the owner's or operator's financial ability to satisfy the probable facility closure costs estimated under paragraph B by one or a combination of the following: insurance and risk retention group coverage, guarantee, surety bond, letter of credit or trust fund. In determining the adequacy of evidence of such financial ability, the department shall consider the criteria in 40 Code of Federal Regulations, Sections 280.96 to 280.99, 280.102 and 280.103. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] D. Failure by the owner or operator of a facility to meet the requirements of this subsection and the department's rules may result in, but is not limited to, nonrenewal or revocation of the owner's or operator's license in accordance with subsection 3 . [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]

2. Facility closure requirements. An owner or operator shall close an oil terminal facility in compliance with a written facility closure plan that meets standards for safe closure and facility site remediation. A. An owner or operator shall file a written facility closure plan with the department within 60 days of a decision to close an oil terminal facility and may not carry out facility closure activities until the department has approved the facility closure plan. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] B. The department shall review the facility closure plan to determine compliance with applicable rules, consistent with a processing time schedule adopted by the department. The department's approval must include a timeline for completion by the owner or operator of the facility closure plan, including dates for performance of specific closure tasks. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] C. The owner or operator shall complete the facility closure in accordance with the approved facility closure plan and to the satisfaction of the department. The department may conduct inspections, including, but not limited to, soil, groundwater and other testing, as a part of and to determine compliance with the approved facility closure plan. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] D. Following completion of the facility closure, the owner or operator shall file a written facility closure completion report with the department, which must include a certification from an independent licensed professional engineer that the facility closure was conducted in accordance with the approved facility closure plan and that all regulated substances have been removed or remediated to the satisfaction of the department. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] E. The department shall post the facility closure plan, departmental approval, inspection and testing results and completion report, including the independent licensed professional engineer's certification, on the department's publicly accessible website for 5 years following the completion of the facility closure. [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).] [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]

3. Enforcement. An owner or operator that fails to comply with the requirements of this section is subject to enforcement action by the department, including, but not limited to, revocation of the license of the owner or operator required by sections 544 and 545 . [PL 2019, c. 678, §6 (NEW); PL 2019, c. 678, §7 (AFF).]
38 M.R.S. § 1610 — ME Code / Title 38 / Chapter 16 / Section 1610
38 §1610. Electronic waste (REALLOCATED FROM TITLE 38, SECTION 1609)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1609)

1. Findings; purpose. The Legislature finds that the establishment of a system to provide for the collection and recycling of electronic devices in this State is consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution. The Legislature further finds that such a system is consistent with the overall state solid waste management policy including its intent to pursue and implement an integrated approach to solid waste management and to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management. The Legislature finds that the purpose of this section is to establish a comprehensive electronics recycling system that ensures the safe and environmentally sound handling, recycling and disposal of electronic products and components and encourages the design of electronic products and components that are less toxic and more recyclable. The Legislature further finds that it is the purpose of this section to establish an electronics recycling system that is convenient and minimizes cost to the consumer of electronic products and components. It is the intent of the Legislature that manufacturers of electronic products and components will be responsible for ensuring proper handling, recycling and disposal of discarded products and that costs associated with consolidation, handling and recycling be internalized by the manufacturers of electronic products and components before the point of purchase. The Legislature further finds that the manufacturers of electronic products and components should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in these products. The Legislature further finds that a system of shared responsibility for the collection and recycling of covered electronic devices among manufacturers, consolidators, municipalities and other parties is the most effective and equitable means of achieving the purposes of this section. Manufacturers of electronic devices and components, in working to achieve the goals and objectives of this section, should have the flexibility to act in partnership with each other, with state, municipal and regional governments and with businesses that provide collection and handling services to develop, implement and promote a safe and effective electronics recycling system for the State. [PL 2007, c. 292, §39 (AMD).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 2017, c. 391, §1 (RP).] B. "Consolidation facility" means a facility where electronic wastes are consolidated and temporarily stored while awaiting shipment of at least a 40-foot trailer full of covered electronic devices to a recycling, treatment or disposal facility. "Consolidation facility" includes a transport vehicle owned or leased by a consolidator and used to collect covered electronic devices at collection sites in this State at a cost no greater than the per pound transportation rate for a full 40-foot trailer as approved by the department for each consolidator pursuant to the rules governing reasonable operational costs adopted under subsection 5, paragraph D , subparagraph (1). [PL 2011, c. 250, §2 (AMD).] B-1. "Consolidator" means a person that provides consolidation and handling services for electronic wastes and that operates at least one consolidation facility. [PL 2007, c. 292, §41 (NEW).] B-2. "Covered entity" means a household in this State, a business or nonprofit organization exempt from taxation under the United States Internal Revenue Code, Section 501(c)(3) that employs 100 or fewer individuals, a primary school or a secondary school. [PL 2011, c. 250, §3 (NEW).] C. "Covered electronic device" means a desktop printer, a video game console, a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device with a screen that is greater than 4 inches measured diagonally and that contains one or more circuit boards. "Covered electronic device" does not include an automobile; a household appliance; a large piece of commercial or industrial equipment, such as commercial medical equipment, that contains a cathode ray tube, a cathode ray tube device, a flat panel display or similar video display device that is contained within, and is not separate from, the larger piece of equipment; other medical devices as that term is defined under the Federal Food, Drug, and Cosmetic Act; or a cellular telephone subject to section 2143 . [PL 2017, c. 391, §1 (AMD).] C-1. "Desktop printer" means a device weighing 100 pounds or less that prints text or illustrations on paper or 3-dimensional objects and that is designed for external use with a desktop or portable computer. "Desktop printer" includes, but is not limited to, a daisy wheel, dot matrix, inkjet, laser, LCD and LED line or thermal printer, including a device that performs other functions in addition to printing such as copying, scanning or transmitting a facsimile. [PL 2017, c. 391, §1 (AMD).] D. "Manufacturer" means a person who: (1) Manufactures or has manufactured a covered electronic device under its own brand or label; (2) Sells or has sold under its own brand or label a covered electronic device produced by other suppliers; (3) Imports or has imported a covered electronic device into the United States that is manufactured by a person without a presence in the United States; or (4) Owns a brand that it licenses or licensed to another person for use on a covered electronic device. [PL 2007, c. 292, §42 (AMD).] D-1. "Market share" means a manufacturer's national sales of a covered electronic device expressed as a percentage of the total of all manufacturers' national sales for that category of covered electronic devices. [PL 2009, c. 231, §1 (NEW); PL 2009, c. 231, §7 (AFF).] E. "Municipal collection site" means a municipally owned solid waste transfer station or recycling center, including a facility owned by a consortium of municipalities or a facility that is under contract with a municipality or consortium of municipalities to provide solid waste management services. [RR 2003, c. 2, §119 (RAL).] F. [PL 2011, c. 250, §4 (RP).] G. [PL 2017, c. 391, §1 (RP).] H. "Recycling" means the use of materials contained in previously manufactured goods as feedstock for new products, but not for energy recovery or energy generation by means of combustion. [RR 2003, c. 2, §119 (RAL).] I. "Recycling and dismantling facility" means a business that processes covered electronic devices for reuse and recycling. [RR 2003, c. 2, §119 (RAL).] J. "Retailer" means a person who sells or provides a platform for the sale of a covered electronic device in the State to a consumer. "Retailer" includes, but is not limited to, a manufacturer of a covered electronic device who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic means, but not including wholesale transactions with a distributor or other retailer. [PL 2017, c. 391, §1 (AMD).] K. [PL 2017, c. 391, §1 (RP).] L. "Video game console" means an interactive entertainment computer or electronic device that produces a video display signal that can be used with a display device such as a television or computer monitor to display a video game. [PL 2009, c. 397, §6 (NEW).] [PL 2017, c. 391, §1 (AMD).]

3. Sales prohibition. Beginning January 1, 2006 the following sales prohibitions apply to manufacturers and retailers. A. A manufacturer not in compliance with this section is prohibited from offering a covered electronic device for sale in this State. A manufacturer not in compliance with this section shall provide the necessary support to retailers to ensure the manufacturer's covered electronic devices are not offered for sale in this State. [RR 2003, c. 2, §119 (RAL).] B. A retailer may not offer for sale in this State a covered electronic device of a manufacturer that is not in compliance with this section. [RR 2003, c. 2, §119 (RAL).] [RR 2003, c. 2, §119 (RAL).]

4. Manufacturer label required. Beginning January 1, 2005, a manufacturer may not offer for sale in this State a covered electronic device unless a visible, permanent label clearly identifying the manufacturer of that device is affixed to it. [RR 2003, c. 2, §119 (RAL).]

5. Responsibility for recycling. Municipalities, consolidators, manufacturers and the State share responsibility for the disposal of covered electronic devices as provided in this subsection. A. Each municipality that chooses to participate in the state collection and recycling system shall ensure that covered electronic devices generated as waste from covered entities within that municipality's jurisdiction are delivered to a consolidation facility in this State. A municipality may meet this requirement through collection at and transportation from a local or regional solid waste transfer station or recycling facility, by contracting with a disposal facility to accept waste directly from the municipality's residents or through curbside pickup or other convenient collection and transportation system. [PL 2017, c. 391, §2 (AMD).] A-1. A covered entity may deliver no more than 7 covered electronic devices at one time to a municipal collection site or consolidator collection event, unless the municipal collection site or consolidator is willing to accept additional covered electronic devices. [PL 2011, c. 250, §6 (NEW).] B. A consolidator is subject to the requirements of this paragraph. (1-A) A consolidator shall maintain a written log of the total weight of each type of covered electronic device delivered each month to the consolidator and identified as generated by a covered entity in the State. By March 1st each year, a consolidator shall provide this accounting to the department. (3) A consolidator shall work cooperatively with manufacturers to ensure implementation of a practical and feasible financing system with costs calculated on a basis proportional to the manufacturer's national market share of each type of covered electronic device sold in the State multiplied by the total pounds recycled. At a minimum, a consolidator shall invoice the manufacturers for the handling, transportation and recycling costs for which they are responsible under the provisions of this subsection. (4) A consolidator shall transport covered electronic devices to a recycling and dismantling facility that provides a sworn certification pursuant to paragraph C . A consolidator shall maintain for a minimum of 3 years a copy of the sworn certification from each recycling and dismantling facility that receives covered electronic devices from the consolidator and shall provide the department with a copy of these records within 24 hours of request by the department. [PL 2017, c. 391, §2 (AMD).] C. A recycling and dismantling facility shall provide to a consolidator a sworn certification that its handling, processing, refurbishment and recycling of covered electronic devices meet guidelines for environmentally sound management published by the department. [PL 2007, c. 292, §43 (AMD).] D. Covered electronic device manufacturers are subject to the requirements of this paragraph. (1) Manufacturers shall pay the reasonable operational costs of the consolidator attributable to the handling of all covered electronic devices received at consolidation facilities in this State, the transportation costs from the consolidation facility to a licensed recycling and dismantling facility and the costs of recycling. "Reasonable operational costs" includes the costs associated with ensuring that consolidation facilities are geographically located to conveniently serve all areas of the State as determined by the department. The recycling of each type of covered electronic device must be funded by allocating the cost of the program among the manufacturers selling covered electronic devices in the State on a basis proportional to the manufacturer's national market share of the type of covered electronic device. The department shall annually determine each manufacturer's recycling share based on readily available national market share data. If the department determines that a manufacturer's market share is less than 1/10 of 1%, the department may determine that market share de minimus. A manufacturer whose market share is determined de minimus by the department is not responsible for payment of a pro rata share for the corresponding billing year. The total market shares determined de minimus by the department must be proportionally allocated to and paid for by the manufacturers that have 1/10 of 1% or more of the market of each type of covered electronic device. (2) Each manufacturer shall work cooperatively with consolidators to ensure implementation of a practical and feasible financing system. Within 90 days of receipt of an invoice, a manufacturer shall reimburse a consolidator for allowable costs incurred by that consolidator. [PL 2017, c. 391, §2 (AMD).] E. Annually by January 1st the department shall provide manufacturers and consolidators with a listing of each manufacturer's proportional market share responsibility for the recycling of covered electronic devices for the subsequent calendar year. [PL 2017, c. 391, §2 (AMD).] [PL 2017, c. 391, §2 (AMD).]

6. Manufacturer plan and reporting requirements. [PL 2009, c. 397, §8 (RP); PL 2009, c. 397, §14 (AFF).]

6-A. Manufacturer registration. Prior to offering a covered electronic device and by April 1st annually, a manufacturer that offers or has offered within the preceding calendar year a covered electronic device for sale in or into this State shall submit a registration to the department. The annual registration must include: A. The name, contact and billing information of the manufacturer; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).] B. The manufacturer's brand name or names and the type of covered electronic device on which each brand is used, including: (1) All brands sold in the State in the preceding calendar year; and (2) All brands currently being sold in the State; [PL 2017, c. 391, §3 (AMD).] C. When a word or phrase is used as the label, the manufacturer must include that word or phrase and a general description of the ways in which it may appear on the manufacturer's electronic products; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).] D. When a logo, mark or image is used as a label, the manufacturer must include a graphic representation of the logo, mark or image and a general description of the logo, mark or image as it appears on the manufacturer's electronic products; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).] E. The method or methods of sale used in the State; [PL 2009, c. 397, §9 (NEW); PL 2009, c. 397, §14 (AFF).] F. Annual national sales data on the weight, number and type of covered electronic devices sold by the manufacturer in this State over the 5 years preceding the filing of the plan. The department may keep information submitted pursuant to this paragraph confidential as provided under section 1310‑B ; [PL 2017, c. 391, §3 (AMD).] G. The manufacturer's consolidator handling option for the next calendar year, as selected in accordance with rules adopted pursuant to subsection 10 ; and [PL 2011, c. 250, §9 (AMD).] H. A registration fee paid by a manufacturer as follows: (1) Seven hundred and fifty dollars for manufacturers with less than 0.1% national market share as determined by the department based on the most recent readily available national market share data; and (2) Three thousand dollars for all other manufacturers. [PL 2017, c. 391, §3 (AMD).] A manufacturer's annual registration filed subsequent to its initial registration must clearly delineate any changes in information from the previous year's registration. Whenever there is any change to the information on the manufacturer's registration, the manufacturer shall submit an updated form within 14 days of the change. Registration fees collected by the department pursuant to this subsection must be deposited in the Maine Environmental Protection Fund established in section 351 . [PL 2017, c. 391, §3 (AMD).]

7. Enforcement; cost recovery. The department must enforce this section in accordance with the provisions of sections 347‑A and 349 . If a manufacturer fails to pay for the costs allocated to it pursuant to subsection 5, paragraph D , subparagraph (1), the department may pay a consolidator its legitimate costs from the Maine Solid Waste Management Fund established in section 2201 and seek cost recovery from the nonpaying manufacturer. Any nonpaying manufacturer is liable to the State for costs incurred by the State in an amount up to 3 times the amount incurred as a result of such failure to comply. The Attorney General is authorized to commence a civil action against any manufacturer to recover the costs described in this subsection, which are in addition to any fines and penalties established pursuant to section 349. Any money received by the State pursuant to this subsection must be deposited in the Maine Solid Waste Management Fund established in section 2201. [PL 2017, c. 391, §4 (AMD).]

8. Reports to Legislature. The department shall submit a report on the recycling of electronic waste in the State to the joint standing committee of the Legislature having jurisdiction over natural resources matters as part of each product stewardship report submitted in accordance with section 1772 . The report may include an evaluation of the recycling rates in the State for covered electronic devices and recommendations for any changes to the system of collection and recycling of electronic devices in the State. [PL 2011, c. 250, §10 (AMD).]

9. State procurement. All vendors of electronic devices to the State shall provide take-back and management services for their products at the end of life of those products and must be in compliance with all the requirements of this section. Vendors shall provide assurances that all take-back and management services will operate in compliance with all applicable environmental laws. Purchasing preference must be given to electronic devices that incorporate design for the preservation of the environment. [RR 2003, c. 2, §119 (RAL).]

10. Rulemaking. The department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A as necessary to implement, administer and enforce this chapter. The rules must identify the criteria that consolidators must use to determine reasonable operational costs attributable to the handling of covered electronic devices. [PL 2017, c. 391, §5 (AMD).]

11. Interstate clearinghouse for electronic waste. The department may participate in the establishment and implementation of a regional multistate organization or compact to assist in carrying out the requirements of this chapter. [PL 2009, c. 397, §12 (NEW).]