38 M.R.S. § 1272 — ME Code / Title 38 / Chapter 12-A / Section 1272
38 §1272. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1987, c. 448, §1-C (NEW).]

1. Asbestos. "Asbestos" means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. [PL 1987, c. 448, §1-C (NEW).]

2. Asbestos abatement activity. "Asbestos abatement activity" means activity involving the removal, demolition, enclosure, repair, encapsulation, handling, transportation or disposal of asbestos-containing materials in an amount greater than 3 square feet or 3 linear feet. "Asbestos abatement activity" includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. [PL 2009, c. 374, §3 (AMD).]

3. Asbestos abatement contractor. "Asbestos abatement contractor" means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities. [PL 1991, c. 473, §3 (AMD).]

4. Asbestos abatement design consultant. "Asbestos abatement design consultant" means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. These activities include, but are not limited to, the performance of air quality and bulk sampling; advising building owners, contractors and project supervisors on health impacts of asbestos abatement activities; and supervising the conduct of training courses. This category of specialists includes, but is not limited to, engineers, architects, health professionals, industrial hygienists, private consultants or other individuals involved in asbestos risk assessment or regulatory activities. [PL 1993, c. 355, §27 (AMD).]

5. Asbestos abatement project supervisor. "Asbestos abatement project supervisor" means an individual with responsibility for the supervision of asbestos abatement activities. Those persons include, but are not limited to, abatement project supervisors employed by contractors, in-house asbestos abatement units, employees of governmental or public entities who coordinate or directly supervise asbestos abatement activities performed by public schools, governmental or other public employees in a school district, governmental or other public buildings and project supervisors employed as consultants to monitor and direct abatement contractors. [PL 1993, c. 355, §28 (AMD).]

6. Asbestos abatement worker. "Asbestos abatement worker" means an individual engaging in any asbestos abatement activity for any employer. [PL 1993, c. 355, §29 (AMD).]

6-A. Asbestos air monitor. "Asbestos air monitor" means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos. [PL 1991, c. 473, §4 (NEW).]

6-B. Asbestos analytical laboratory. "Asbestos analytical laboratory" means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers. [PL 1991, c. 473, §4 (NEW).]

6-C. Asbestos air analyst. "Asbestos air analyst" means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers. [PL 1993, c. 355, §30 (NEW).]

6-D. Asbestos bulk analyst. "Asbestos bulk analyst" means an individual engaging in the analysis of bulk samples for asbestos or other material composition. [PL 1993, c. 355, §30 (NEW).]

7. Asbestos-containing material. "Asbestos-containing material" means any material containing asbestos in quantities equal to or greater than 1% by volume. [PL 1991, c. 473, §5 (AMD).]

8. Asbestos evaluation specialist. [PL 1991, c. 473, §6 (RP).]

8-A. Asbestos consultant. "Asbestos consultant" means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities. [PL 1993, c. 355, §31 (AMD).]

8-B. Asbestos inspector. "Asbestos inspector" means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material. [PL 1993, c. 355, §31 (AMD).]

8-C. Asbestos professional. "Asbestos professional" means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner. [PL 1993, c. 355, §31 (AMD).]

8-D. Asbestos management planner. "Asbestos management planner" means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment. [PL 1993, c. 355, §32 (NEW).]

9. Business entity. "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern. [PL 1987, c. 448, §1-C (NEW).]

10. Certificate. "Certificate" means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. [PL 1993, c. 355, §33 (AMD).]

11. Commissioner. [PL 1989, c. 630, §2 (RP); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §217 (RP).]

12. Employee. "Employee" means an individual who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit, to engage in any employment. [PL 1993, c. 355, §34 (AMD).]

13. Friable. "Friable" means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. It also means potentially friable material that has deteriorated or has been or will be processed to the extent that, when dry, it may readily release asbestos fibers. [PL 1993, c. 355, §35 (AMD).]

14. In-house asbestos abatement unit. [PL 1989, c. 325, §3 (RP).]

14-A. In-house asbestos abatement unit. "In-house asbestos abatement unit" means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities. [PL 1989, c. 630, §3 (NEW).]

15. License. "License" means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. [PL 1993, c. 355, §36 (AMD).]

15-A. Owner or operator. "Owner or operator" means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. [PL 1993, c. 355, §37 (AMD).]

16. Person. "Person" means any individual, business entity, governmental body or other public or private entity. [PL 1987, c. 448, §1-C (NEW).]

17. Public entity. "Public entity" means the State, any of its political subdivisions or any agency or instrumentality of either. [PL 1987, c. 448, §1-C (NEW).]

18. Training provider. "Training provider" means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. [PL 1993, c. 355, §38 (NEW).]
38 M.R.S. § 840 — ME Code / Title 38 / Chapter 5 / Section 840
38 §840. Establishment of water levels
Status: in_force

1. Power. The commissioner may on the commissioner's own motion and shall, at the request of the owner, lessee or person in control of a dam, the Commissioner of Inland Fisheries and Wildlife or the Commissioner of Marine Resources, or upon receipt of petitions from the lesser of at least 25% or 50 of the littoral or riparian proprietors or from a water utility having the right to withdraw water from the body of water for which the water level regime is sought, conduct an adjudicatory hearing for the purpose of establishing a water level regime and, if applicable, minimum flow requirements for the body of water impounded by any dam that is not: A. Operating with a license or exemption issued by the Federal Energy Regulatory Commission or determined by the Federal Energy Regulatory Commission to be subject to the jurisdiction of that commission; [PL 1995, c. 630, §2 (AMD).] B. [PL 1995, c. 630, §2 (RP).] C. [PL 1995, c. 630, §2 (RP).] D. Operating with a permit setting water levels issued under the protection of natural resources laws, sections 480‑A to 480‑S ; the site location of development laws, sections 481 to 489‑E ; the small hydroelectric generating facilities laws, sections 631 to 636 ; the land use regulation laws, Title 12, sections 681 to 689 ; or any other statute regulating the construction or operation of dams; [PL 2011, c. 653, §25 (AMD); PL 2011, c. 653, §33 (AFF).] E. A dam regulated by one or more municipalities by ordinance or interlocal agreement pursuant to Title 30‑A, chapter 187, subchapter VI ; or [PL 1995, c. 630, §2 (AMD).] F. Regulated by the International Joint Commission. [PL 1995, c. 630, §2 (NEW).] Notwithstanding the provisions of this subsection, after an order establishing a water level regime or minimum flow requirement has been issued pursuant to this section or former Title 12, section 304, the commissioner is not required to hold a hearing to establish a new water level regime or minimum flow requirement for the same body of water in response to a petition from littoral or riparian proprietors unless the commissioner determines that there has been a substantial change in conditions or other circumstances materially affecting the impact of water levels and minimum flows on the public and private resources identified in subsection 4 since the order was issued. [PL 2011, c. 653, §25 (AMD); PL 2011, c. 653, §33 (AFF).]

2. Notice. The commissioner shall provide written notice of any hearing held pursuant to this section to the owner, lessee or person in control, if known, of any dam on the body of water and to any petitioner who has petitioned for a hearing with respect to the body of water. The commissioner shall give public notice of the hearing under Title 5, section 9052 and shall also file notice of the hearing in the municipal office of any municipality and in the clerk's office of any county in which the body of water is located. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §198 (AMD).]

3. Conduct of hearing. The hearing shall follow the procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV and the procedures specified in this section. [PL 1983, c. 417, §6 (NEW).]

4. Evidence. At the hearing, the commissioner shall solicit and receive testimony, as provided by Title 5, section 9057 , for the purpose of establishing a water level regime and, if applicable, minimum flow requirements for the body of water. The testimony is limited to: A. The water levels necessary to maintain the public rights of access to and use of the water for navigation, fishing, fowling, recreation and other lawful public uses; [PL 1983, c. 417, §6 (NEW).] B. The water levels necessary to protect the safety of the littoral or riparian proprietors and the public; [PL 1983, c. 417, §6 (NEW).] C. The water levels and minimum flow requirements necessary for the maintenance of fish and wildlife habitat and water quality; [PL 1989, c. 323, §2 (AMD).] D. The water levels necessary to prevent the excessive erosion of shorelines; [PL 1983, c. 417, §6 (NEW).] E. The water levels necessary to accommodate precipitation and run off of waters; [PL 1983, c. 417, §6 (NEW).] F. The water levels necessary to maintain public and private water supplies; [PL 1983, c. 417, §6 (NEW).] G. The water levels and flows necessary for any ongoing use of the dam to generate or to enhance the downstream generation of hydroelectric or hydromechanical power; and [PL 1983, c. 417, §6 (NEW).] H. The water levels necessary to provide flows from any dam on the body of water to maintain public access and use, fish propagation and fish passage facilities, fish and wildlife habitat and water quality downstream of the body of water. [PL 1983, c. 417, §6 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §199 (AMD).]

5. Order. Based on the evidence solicited at the hearing, the commissioner shall make written findings and issue an order to the owner, lessee or person in control of the dam establishing a water level regime for the body of water impounded by the dam and, if applicable, minimum flow requirements for the dam. The order must, insofar as practical, require the maintenance of a stable water level, but must include provision for variations in water level to permit sufficient drawdown of the body to accommodate precipitation and runoff of surface waters, minimum flow requirements and to otherwise permit seasonal and other necessary fluctuations in the water level of the body of water in order to protect public health, safety and welfare and the public and private resources identified in subsection 4 . The commissioner shall deliver a copy of the order to the owner, lessee or person in control of the dam, the municipal officers of any municipality in which the dam or the body of water it impounds is located and each petitioner, if any, and shall file a copy of the order in the registry of deeds in the county where the dam is located. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §200 (AMD).]

6. Appeal. The commissioner's order may be appealed to the board. The appeal is governed by the provisions of section 341‑D, subsection 4 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §201 (NEW).]

7. Applicability beginning October 1, 2015. [PL 2015, c. 264, §4 (NEW); MRSA T. 38 §840, sub-§7 (RP).]
38 M.R.S. § 100 — ME Code / Title 38 / Chapter 1 / Section 100
38 §100. Notice of hearing on complaint
Status: in_force

Before any person may be proceeded against on any complaint, such person or pilot must be notified in writing to appear before the commission. Such notice must specify the nature and substance of such complaint and be served personally or by certified mail addressed to such pilot at the pilot's last and usual place of abode at least 15 days before the time fixed in the notice for the pilot's appearance. [RR 2021, c. 2, Pt. B, §228 (COR).]
38 M.R.S. § 424-C — ME Code / Title 38 / Chapter 3 / Section 424-C
38 §424-C. Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-suppressing foam
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Discharge" means a release by any means, including, but not limited to, spilling, leaking, pumping, pouring, spraying, emitting, disposing, escaping, emptying or dumping, whether intentional or unintentional. [PL 2021, c. 449, §1 (NEW).] B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5‑A . [PL 2021, c. 449, §1 (NEW).] C. "Person" means a natural person, firm, association, partnership, corporation or trust; the State or any agency of the State; a governmental entity or quasi-governmental entity; the United States or any agency of the United States; or any other legal entity. [PL 2021, c. 449, §1 (NEW).] [PL 2021, c. 449, §1 (NEW).]

2. Discharge prohibited. Beginning January 1, 2022, a person may not discharge or cause to be discharged for testing or training purposes a firefighting or fire-suppressing foam to which PFAS have been intentionally added unless the foam is entirely collected by the person for proper disposal. Nothing in this subsection prohibits a person from discharging or causing to be discharged in an emergency situation to protect life or property a firefighting or fire-suppressing foam to which PFAS have been intentionally added. [PL 2021, c. 449, §1 (NEW).]

3. Discharge reporting. A person that discharges or causes to be discharged firefighting or fire-suppressing foam to which PFAS have been intentionally added into or upon any coastal waters, estuary, tidal flat, beach or land adjoining the seacoast of the State or into or upon any lake, pond, river, stream, sewer, surface water drainage, groundwater or other waters of the State or any public or private water supply or onto land adjacent to, on or over such waters of the State shall report the discharge to the department as soon as practicable, but no later than 24 hours after the discharge occurs. [PL 2021, c. 449, §1 (NEW).]

4. Manufacture, sale and distribution prohibited. Beginning January 1, 2022, a person may not manufacture, sell, offer for sale, distribute for sale or distribute for use in the State a firefighting or fire-suppressing foam to which PFAS have been intentionally added, except when: A. [PL 2021, c. 583, §1 (AMD); MRSA T. 38 §424-C, sub-§4, ¶A (RP).] B. Such foam is manufactured, sold or distributed for use at an airport in the State, as long as the foam is required by federal law or regulation to be used at airports for firefighting or fire-suppressing purposes, including, but not limited to, as required by 14 Code of Federal Regulations, Section 139.317 as that section existed on January 1, 2021. If, on or after January 1, 2022, no federal law or regulation requires the use of such foam at airports for firefighting or fire-suppressing purposes, the exception in this paragraph to the prohibition in this subsection does not apply; or [PL 2021, c. 583, §1 (AMD).] C. Such foam is manufactured, sold or distributed for a marine defense application and the use of the foam is required by the United States Department of Defense. [PL 2021, c. 583, §1 (NEW).] A person that manufactures for sale or distribution in the State a firefighting or fire-suppressing foam shall, upon the request of the department, provide the department with a certificate of compliance certifying that the foam does not contain intentionally added PFAS or is excepted from the prohibition in this subsection under paragraph A , B or C . [PL 2021, c. 583, §1 (AMD).]

5. Notice and recall. Except as provided in subsection 4, paragraph A , B or C , on or before January 1, 2022, a person that manufactures firefighting or fire-suppressing foam to which PFAS have been intentionally added and, prior to January 1, 2022, sold, offered for sale or distributed such foam for sale or use in the State shall: A. Provide written notification regarding the prohibition in subsection 4 to any person in the State that, prior to January 1, 2022, received such foam from the manufacturer for sale, distribution or use in the State; and [PL 2021, c. 449, §1 (NEW).] B. Issue a recall of all such foam, which must include a process by which a person in the State that received such foam will be reimbursed by the manufacturer for the recalled foam. [PL 2021, c. 449, §1 (NEW).] [PL 2021, c. 583, §2 (AMD).]

6. Administration and enforcement; rules. The department shall administer and enforce this section and may adopt rules as necessary to implement and administer this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 449, §1 (NEW).]
38 M.R.S. § 567 — ME Code / Title 38 / Chapter 3 / Section 567
38 §567. Certification of underground tank installers
Status: in_force

No person may install an underground oil storage facility or tank after May 1, 1986, without first having been certified by the Board of Underground Oil Storage Tank Installers, pursuant to Title 32, chapter 104‑A . Underground gasoline storage tanks may be removed by underground gasoline storage tank removers certified by the Board of Underground Oil Storage Tank Installers, pursuant to Title 32, chapter 104‑A . [PL 1989, c. 312, §21 (AMD).]

Notwithstanding section 570 , tank installers and removers shall be liable to other than the State as follows: With the exception of prohibited discharges resulting from an installer's or remover's negligence, the liability of certified installers and removers shall be limited to damages resulting from prohibited discharges discovered within the 12-month period immediately following the installation or removal of the underground tank or facility. To insure its continued relevance, this provision shall be reviewed by June 30, 1991, by the joint standing committee of the Legislature having jurisdiction over energy and natural resources. [PL 1989, c. 312, §21 (AMD).]
38 M.R.S. § 1310-B-1 — ME Code / Title 38 / Chapter 13 / Section 1310-B-1
38 §1310-B-1. Land Application Contaminant Monitoring 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 Land Application Contaminant Monitoring Fund under subsection 2 . [PL 2021, c. 478, §1 (NEW).] B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5‑A . [PL 2021, c. 478, §1 (NEW).] [PL 2021, c. 478, §1 (NEW).]

2. Land Application Contaminant Monitoring Fund. The Land Application Contaminant Monitoring Fund is established to be used by the department as a nonlapsing, revolving fund to test and monitor soil and groundwater for PFAS and other contaminants and for other related activities, including, but not limited to, abating or mitigating identified contamination and the effects of such contamination through the provision of access to safe drinking water, the installation of filter treatment systems or other actions. A. The fund may accept revenue from any source, public or private, that may be available for carrying out the purposes of the fund. The department shall deposit with the Treasurer of State to the credit of the fund money in the fund not currently needed by the department to carry out the purposes of the fund, which may be invested as provided by law. Interest earned on investment of money under this paragraph must be credited to the fund. [PL 2021, c. 641, §6 (AMD).] B. The department may transfer money in the fund in excess of the amounts the department anticipates to be necessary to carry out the purposes of the fund to the Uncontrolled Sites Fund under section 1364, subsection 6 for the purposes of testing, monitoring or treating land contaminated by PFAS. [PL 2021, c. 478, §1 (NEW).] C. Beginning January 15, 2023, and every 2 years 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 uses of the fund and a summary of contamination identified. After reviewing the report, the joint standing committee may report out legislation related to the report. [PL 2021, c. 478, §1 (NEW).] [PL 2021, c. 641, §6 (AMD).]

3. Handling fee. [PL 2021, c. 641, §7 (RP).]

4. Rules. The board may adopt rules necessary for the administration of the fund and any underlying program or purpose under or funded by the fund. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 641, §8 (AMD).]
38 M.R.S. § 591-A — ME Code / Title 38 / Chapter 4 / Section 591-A
38 §591-A. Modifications to a licensed source
Status: in_force

1. Modifications. Modification of a licensed source means any physical or operational change in an emission unit or emission source that: A. Increases the quantity of any air contaminant emitted; [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] B. Increases the impact of the emissions of that emission unit or source on ambient air quality due to changes in stack height, physical building characteristics or plume characteristics unless the commissioner finds that the change will not cause a violation of ambient air quality standards and ambient increment standards; [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] C. Results in the emission of any air contaminant not previously emitted; [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] D. Constitutes construction of a new emission unit; or [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] E. Constitutes the reconstruction of a new emission unit as defined in 40 Code of Federal Regulations, 60.15 (1990). [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]

2. Changes not considered modifications. The following changes are not modifications to a licensed source: A. Routine maintenance, repair and replacement; [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] B. An increase in the production rate at an existing source if the increase does not exceed the operating design capacity of the source, unless that change is prohibited under any federally enforceable permit condition established after January 6, 1975 pursuant to 40 Code of Federal Regulations, 52.21 (1990) or under regulations approved pursuant to 40 Code of Federal Regulations, Part 51, Subpart I or 40 Code of Federal Regulations, 51.166 (1990); [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] C. An increase in the hours of operation at an existing source, unless that change is prohibited under any federally enforceable permit condition established after January 6, 1975 pursuant to 40 Code of Federal Regulations, 52.21 (1990) or under regulations approved pursuant to 40 Code of Federal Regulations, Part 51, Subpart I or 40 Code of Federal Regulations, 51.166 (1990); [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] D. Use of an alternative fuel or raw material if the source is designed to accommodate that alternative fuel or raw material and if prior to January 6, 1975, the source is licensed to use that alternative fuel or raw material; or [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] E. Replacement of an air pollution control apparatus if the replacement is found by the department to be the best practical treatment for the emission. [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
38 M.R.S. § 349-P — ME Code / Title 38 / Chapter 2 / Section 349-P
38 §349-P. Economic benefit
Status: in_force

1. Department discretion. In order to ensure that regulated entities that violate environmental requirements do not gain an economic advantage over regulated entities that comply with environmental requirements, this subchapter may not be construed to limit the discretion of the department to recover any economic benefit gained as a result of noncompliance by a regulated entity. [PL 2011, c. 304, Pt. A, §1 (NEW).]

2. Waiver; insignificant economic benefit. The department may waive the entire penalty, including any penalty for economic benefit gained as a result of noncompliance, for a regulated entity that meets all the requirements of section 349‑O when, in the department's opinion, the violation does not merit any penalty due to the insignificant amount of any economic benefit. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 1310-D — ME Code / Title 38 / Chapter 13 / Section 1310-D
38 §1310-D. Closure of open-municipal landfills
Status: in_force

The provisions of this section govern open-municipal solid waste landfills. [PL 2001, c. 212, §4 (AMD).]

1. Landfill ranking. The department shall create and maintain a list of all open-municipal solid waste landfills ranked on the basis of the hazard each poses or potentially poses to the public health and environment. The list must establish no less than 2 categories of landfills: "high risk" landfills, which include those landfills that are known to pose a public health or environmental threat so immediate or substantial that corrective action must be taken without delay, and landfills that are not known to be "high risk." The department shall inform each affected municipality in writing whenever there are changes made to the priority list and publish the most current version of that list on or about February 1st of each year. All pertinent and related rules adopted by the department establishing standards governing landfill closure must be designed so that the costs of closure are coordinated with and reasonably proportionate to the relative public health risk and environmental risk indicated by the specific rank of the municipal landfill. A. [PL 1993, c. 732, Pt. C, §6 (RP).] B. [PL 1993, c. 732, Pt. C, §6 (RP).] C. [PL 1993, c. 732, Pt. C, §6 (RP).] D. [PL 1993, c. 732, Pt. C, §6 (RP).] [PL 2001, c. 315, §1 (AMD).]

2. Evaluation. In response to the priorities established in the open-municipal solid waste landfill ranking and the objectives of paragraphs A to C , the commissioner shall conduct, subject to the availability of funding, environmental evaluations of each open-municipal solid waste landfill. The commissioner may employ private consultants to avoid additions to departmental staff and to accomplish the evaluations in a timely manner. The commissioner may utilize existing analyses of facilities, subject to the provisions of this subsection. Municipalities shall cooperate with the efforts of the department by providing reasonably available and relevant material that the department may require with regard to the purposes of this section. When the commissioner has sufficient knowledge of existing hazards to the environment and public health posed by a specific site, the commissioner may designate the landfill as a high-risk landfill and take measures necessary to effect proper closure of the landfill, notwithstanding the site's listed priority. In those cases, the commissioner shall ensure that the requirements of this subsection are met. The commissioner shall ensure that each evaluation achieves the following objectives: A. To identify the actual hazards, if any, to the environment and public health posed by the landfill and to determine the closure requirements of the landfill; [PL 2001, c. 315, §1 (AMD).] B. When appropriate, to establish a monitoring system, which may include monitoring wells and test borings sufficient to ensure identification and monitoring of potential hazards; [PL 1991, c. 519, §4 (AMD).] C. When potential hazards are identified, to provide: (1) A complete description of the movement of surface waters, ground waters and landfill gases on or near the landfill; (2) An identification of pollutants in those waters; (3) An evaluation of the scope, direction and rate of movement of the contamination plume, if any; and (4) Any other information that the commissioner determines necessary to prepare the closure recommendations pursuant to this subchapter; [PL 2001, c. 315, §1 (AMD).] D. To provide a recommended closure plan for the landfill. Closure recommendations must ensure a level or standard of control of pollutants in surface waters at least as stringent as the water quality criteria established under chapter 3, subchapter I, article 4‑A . Those recommendations must also seek to achieve a level or standard of control of pollutants in ground water at least as stringent as the water quality criteria established under sections 465‑C and 470 , unless the commissioner finds that meeting those standards is technically and economically infeasible and that other measures can be implemented to ensure protection of public health and safety; and [PL 2001, c. 315, §1 (AMD).] E. To consult with and involve the affected municipality or municipalities in the conduct of the evaluation and the analysis of its results. [PL 1987, c. 517, §25 (NEW).] [PL 2001, c. 315, §1 (AMD).]

3. Closing orders. The commissioner may incorporate the recommendations of the landfill evaluations into a department closing order subject to the following provisions. A. The order must specify the use of compost or reclaimed soil materials for landfill cover to the maximum extent practical and consistent with sound environmental practices. Subject to sections 1310‑F and 1310‑G , a time schedule for implementation and all pertinent cost sharing must be included as part of the order. [PL 2001, c. 315, §1 (AMD).] B. Any person who is aggrieved by the department order may appeal it as provided in section 341‑D, subsection 4 . [PL 1991, c. 519, §5 (RPR).] [PL 2001, c. 315, §1 (AMD).]

4. Implementation. The municipality owning or operating the landfill is the party responsible for the implementation of the plan issued by the commissioner. [PL 1993, c. 732, Pt. C, §9 (AMD).]

5. Certification of completion. A municipality that engages a contractor to close a landfill under an order issued by the department shall hire a licensed engineer independent of the contractor or the municipality to, at a minimum, monitor, evaluate and report on all on-site landfill closure activities performed by the contractor. Upon completion of the closure work in compliance with the order issued by the department, that engineer shall provide the department and municipality with a written report that certifies that the work performed by the contractor conforms with the order issued by the department and all applicable laws and regulations. The cost to the municipality to engage the licensed engineer is a cost of closure under section 1310‑F . Following receipt of the engineer's report, the department shall accept, conditionally accept or reject the engineer's certification. If the department either conditionally accepts or rejects the certification, the department shall identify and direct the municipality to undertake any measures necessary for completion of the closure in compliance with the order. [PL 1993, c. 732, Pt. C, §10 (AMD).]
38 M.R.S. § 557 — ME Code / Title 38 / Chapter 3 / Section 557
38 §557. Construction
Status: in_force

This subchapter, being necessary for the general welfare, the public health and the public safety of the State and its inhabitants, shall be liberally construed to effect the purposes set forth under this subchapter. No rule or order of the board or commissioner may be stayed pending appeal under the provisions of this subchapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §127 (AMD).]
38 M.R.S. § 2203-A — ME Code / Title 38 / Chapter 24 / Section 2203-A
38 §2203-A. Waste handling fees
Status: in_force

1. Fees. Unless otherwise provided by rule adopted in accordance with subsection 3 , fees are imposed in the following amounts to be levied for solid waste that is disposed of at commercial, municipal, state-owned and regional association landfills. Asbestos $5 per cubic yard Oil-contaminated soil, gravel, brick, concrete and other aggregate $25 per ton Waste water facility sludge $5 per ton Ash, coal and oil $5 per ton Paper mill sludge $5 per ton Industrial waste $5 per ton Sandblast grit $5 per ton All other special waste $5 per ton Municipal solid waste or municipal solid waste ash $2 per ton Front end process residue (FEPR) $1 per ton Construction and demolition debris and residue from the processing of construction and demolition debris $2 per ton [PL 2021, c. 653, §1 (AMD).]

2. Exceptions. Notwithstanding subsection 1 : A. A municipal or regional association landfill that has accepted 12,000 tons or more of special waste, other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate, in calendar year 1998 shall continue to pay $2 per ton to the department for those categories of waste accepted in that calendar year; [PL 1999, c. 385, §7 (NEW).] B. A municipal or regional association landfill shall continue to pay $2 per ton to the department on all categories of special waste other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate that was generated by the municipality or regional association and accepted for disposal in its landfill in calendar year 1998; [PL 2011, c. 544, §3 (AMD).] C. A municipal or regional association landfill that has accepted 550 tons or more of oil-contaminated soil, gravel, brick, concrete and other aggregate in calendar year 1998 shall pay $5 per ton for that category of waste; and [PL 2011, c. 544, §3 (AMD).] D. A fee may not be imposed under this section on construction and demolition debris or residue from the processing of construction and demolition debris disposed of at a municipal or regional association landfill that is less than 6 acres in size and accepts only inert fill, construction and demolition debris, debris from land clearing and wood wastes. [PL 2011, c. 544, §3 (NEW).] [PL 2011, c. 544, §3 (AMD).]

2-A. Maine Redevelopment Land Bank Authority fee. Beginning January 1, 2023, in addition to the per ton fee required in subsection 1 , commercial, municipal, state-owned and regional association landfills shall collect and pay to the department a $3 per ton fee for the disposal of construction and demolition debris and residue from the processing of construction and demolition debris and, notwithstanding section 2202 , this fee must be deposited in the Maine Redevelopment Land Bank Fund established by Title 30‑A, section 5156 . [PL 2021, c. 664, §6 (NEW).]

3. Rules. The department may adopt rules imposing per ton or per cubic yard fees on any of the types of waste listed in subsection 1 disposed of at a commercial, municipal, regional association or state-owned solid waste landfill. The department may adopt rules imposing per ton fees on any municipal solid waste disposed of or received for processing at a commercial, municipal, regional association or state-owned solid waste disposal facility, solid waste processing facility, incineration facility or solid waste landfill. Fees imposed pursuant to this subsection must be consistent with the solid waste management hierarchy established under section 2101 and the food recovery hierarchy established under section 2101‑B . Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 230, §2 (AMD).]
38 M.R.S. § 610-B — ME Code / Title 38 / Chapter 4 / Section 610-B
38 §610-B. Outdoor wood boilers
Status: in_force

1. Phase I emission standard. [PL 2007, c. 442, §2 (NEW); MRSA T. 38 §610-B, sub-§1 (RP).]

2. Phase II emission standard. A person may not sell or distribute for sale an outdoor wood boiler after April 1, 2010 unless it meets a particulate matter emission limit of 0.32 pounds per million British Thermal Units heat output. [PL 2007, c. 442, §2 (NEW).]

2-A. Voluntary, technology-forcing emission standard. An outdoor wood boiler meeting a particulate matter emission limit of 0.06 pounds per million British Thermal Units heat output is not subject to a setback requirement as long as it meets the stack height requirements for an outdoor wood boiler meeting the emission standard in subsection 2 in accordance with rules adopted by the department. [PL 2009, c. 209, §4 (NEW).]

3. Nuisance condition. A person may not operate an outdoor wood boiler in a manner that creates a nuisance condition as defined in the department's rules. [PL 2007, c. 442, §2 (NEW).]

4. Emergency powers. If the commissioner finds after investigation that an outdoor wood boiler is being operated in a manner that creates a nuisance condition or may create or creates a danger to public health or safety, the commissioner may order the owner or any person operating that outdoor wood boiler to immediately cease or prevent that operation, and the commissioner may take such action as may be necessary to terminate or mitigate the danger or likelihood of danger. A. An order issued under this subsection must contain findings of fact describing, insofar as possible, the site of the operation and the nuisance condition or danger to the public health or safety. [PL 2007, c. 680, §1 (NEW).] B. Service of a copy of the commissioner's findings and order under this subsection must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2007, c. 680, §1 (NEW).] C. The person to whom the order is directed shall comply immediately. An order may not be appealed to the Superior Court, but the person to whom the order is directed may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by the person to whom the order was directed. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2007, c. 680, §1 (NEW).] [PL 2007, c. 680, §1 (NEW).]

The Department of Environmental Protection shall adopt rules to implement this section. Notwithstanding section 592‑A , the rules must include a definition of "nuisance condition" specifically relating to the operation of outdoor wood boilers. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 442, §2 (NEW).]
38 M.R.S. § 1309 — ME Code / Title 38 / Chapter 13 / Section 1309
38 §1309. Interstate cooperation
Status: in_force

The Legislature encourages cooperative activities by the department with other states for the improved management of hazardous and solid waste; for improved, and as far as is practicable, uniform state laws relating to the management of hazardous and solid waste; and compacts between this and other states for the improved management of hazardous and solid waste. [PL 2011, c. 655, Pt. GG, §13 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 92 — ME Code / Title 38 / Chapter 1 / Section 92
38 §92. Duration and renewal of licenses
Status: in_force

Licenses issued by the pilotage commission must be renewed every 5 years to coincide, if possible, with the renewal of the individual's federal license. [PL 1999, c. 355, §15 (AMD).]
38 M.R.S. § 1698 — ME Code / Title 38 / Chapter 16-D / Section 1698
38 §1698. Interstate clearinghouse to promote safer chemicals
Status: in_force

The department is authorized to participate in an interstate clearinghouse to promote safer chemicals in consumer products in cooperation with other states and governmental entities. The department may cooperate with the interstate clearinghouse to classify existing chemicals in commerce into one of 5 categories: chemicals of high concern, chemicals of concern, chemicals of potential concern, chemicals of unknown concern and chemicals of low concern. [PL 2011, c. 319, §10 (AMD).]

The department may also cooperate with the interstate clearinghouse in order to organize and manage available data on chemicals, including information on uses, hazards and environmental concerns; to produce and inventory information on safer alternatives to specific uses of chemicals of concern and on model policies and programs; to provide technical assistance to businesses and consumers related to safer chemicals; and to undertake other activities in support of state programs to promote safer chemicals. [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 585-D — ME Code / Title 38 / Chapter 4 / Section 585-D
38 §585-D. New motor vehicle emission standards
Status: in_force

Subject to the provisions of this section, the board may adopt and enforce standards that meet the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 relating to control of emissions from new motor vehicles or new motor vehicle engines. These standards, known as a "low-emission vehicle program," must be designed to prevent air pollution and achieve and maintain ambient air quality standards within the State. [PL 2005, c. 245, §1 (AMD).]

1. New England states adoption. [PL 1999, c. 582, §1 (RP).]

2. Ozone transport region adoption. [PL 1999, c. 582, §1 (RP).]

The department may not implement the low-emission vehicle program if the implementation of that program includes the adoption, sale or use of the reformulated gasoline approved for sale and use in California. [PL 2005, c. 245, §1 (AMD).]

Rules adopted or amended by the board on or after August 1, 2024 pursuant to this section, including, but not limited to, rules to establish zero‑emission requirements, are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 624, §1 (NEW).]

By January 1, 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 status of the regulatory program adopted by the California Air Resources Board for new motor vehicle emissions, known as the Advanced Clean Cars II program, and the adoption of that program by other states, as well as any updates regarding federal motor vehicle emissions control requirements. After reviewing the report, the committee may report out legislation relating to the report to the Legislature in the legislative session in which the report is submitted. [PL 2023, c. 624, §2 (NEW).]
38 M.R.S. § 1451 — ME Code / Title 38 / Chapter 14-A / Section 1451
38 §1451. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 381, §9 (NEW).]

1. Area studies, for high-level radioactive waste. "Area studies," for high-level radioactive waste, means the study of areas with potentially acceptable sites using available geophysical, geologic, geochemical, hydrologic and other information; and additional geological reconnaissance and field work, including geophysical testing, preliminary borings and excavation as necessary to assess whether site characterization should be undertaken for any sites within the area. Area studies also include socioeconomic and environmental studies and preparation of any environmental assessment relating to the suitability of the site for nomination for site characterization. [PL 1983, c. 381, §9 (NEW).]

2. By-product material. "By-product material" means: A. Any radioactive material except special nuclear material yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing nuclear material; and [PL 1983, c. 381, §9 (NEW).] B. The tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content. [PL 1983, c. 381, §9 (NEW).] [PL 1983, c. 381, §9 (NEW).]

3. Closure or site closure. "Closure" or "site closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance and monitoring are necessary at the site, following termination of licensed operation. [PL 1983, c. 381, §9 (NEW).]

3-A. Commission. [PL 2011, c. 691, Pt. C, §7 (RP).]

4. Decommissioning a nuclear power plant. "Decommissioning a nuclear power plant" means the series of activities undertaken, beginning at the time of closing of a nuclear power plant, to ensure that the final disposition of the site or any radioactive components or material, but not including spent fuel, associated with the plant is accomplished safely in compliance with all applicable state and federal laws. Decommissioning includes activities undertaken to prepare a nuclear power plant for final disposition, to monitor and maintain it after closing and to effect final disposition of any radioactive components of the nuclear power plant. [PL 1983, c. 381, §9 (NEW).]

5. Environmental impact statement. "Environmental impact statement" means any document prepared pursuant to or in compliance with the requirements of the United States National Environmental Policy Act of 1969, Section 102(2)(c), 83 Stat. 852, 1981. [PL 1983, c. 381, §9 (NEW).]

6. High-level radioactive waste. "High-level radioactive waste" means the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from that liquid waste that contains fission products in sufficient concentrations; and other highly radioactive material that the United States Nuclear Regulatory Commission, consistent with existing law, determines by rule to require permanent isolation. [PL 1983, c. 381, §9 (NEW).]

7. High-level radioactive waste disposal. "High-level radioactive waste disposal" means the emplacement in a repository of high-level radioactive waste, spent nuclear fuel or other highly radioactive material with no foreseeable intent of recovery, whether or not that emplacement permits the recovery of that waste. [PL 1983, c. 381, §9 (NEW).]

8. High-level radioactive waste repository or repository. "High-level radioactive waste repository" or "repository" means any system licensed by the United States Nuclear Regulatory Commission that is intended to be used for, or may be used for, the permanent deep geologic disposal of high-level radioactive waste and spent nuclear fuel, whether or not the system is designed to permit the recovery, for a limited period during initial operation, of any materials placed in the system. This term includes both surface and subsurface areas at which high-level radioactive waste and spent nuclear fuel handling activities are conducted. [PL 1983, c. 381, §9 (NEW).]

9. High-level radioactive waste storage. "High-level radioactive waste storage" means retention of high-level radioactive waste, spent nuclear fuel, or transuranic waste with the intent to recover that waste or fuel for subsequent use, processing or disposal. [PL 1983, c. 381, §9 (NEW).]

10. License. "License" means a federal or state license, issued to a named person upon application to use, manufacture, produce, transfer, receive, acquire or possess quantities of, or devices or equipment utilizing, radioactive material. [PL 1983, c. 381, §9 (NEW).]

11. Low-level radioactive waste. "Low-level radioactive waste" means radioactive material that is not high-level radioactive waste, spent nuclear fuel, transuranic waste or by-product material, as defined in the United States Code, Title 42, Section 2014(e)(2), the Atomic Energy Act of 1954, Section 11(e)(2); and that the United States Nuclear Regulatory Commission, consistent with existing law, classifies as low-level radioactive waste. Low-level radioactive waste also includes any radioactive material that is generated through the production of nuclear power and that the United States Nuclear Regulatory Commission classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date. A. "Low-level radioactive waste" does not include radioactive material remaining at the site of a decommissioned nuclear power plant if the following enhanced state standards are met, as determined by the department: (1) The site has been determined by the United States Nuclear Regulatory Commission to meet the criteria for release under 10 Code of Federal Regulations, Part 20 pursuant to a license termination plan approved by that commission; (2) The site is not used for the disposal of radioactive material generated by a facility other than the nuclear power plant; (3) The residual radioactivity distinguishable from background radiation results in a total effective dose equivalent to an average member of the critical group of not more than 10 millirems, or 0.10 millisievert, per year, including that from groundwater sources of drinking water; (4) The residual radioactivity distinguishable from background radiation in groundwater sources of drinking water results in a total effective dose equivalent of not more than 4 millirems, or 0.04 millisievert, per year to the average member of the critical group; and (5) Any construction demolition debris, including concrete, disposed of at the site qualifies for unrestricted use within the limits specified in Table 1 in the 1974 United States Atomic Energy Commission Regulatory Guide 1.86. Below-grade, intact structures, including, but not limited to, slabs, walls and foundations, are not considered construction demolition debris for purposes of this subparagraph but are subject to the provisions of subparagraphs (1) to (4). A nuclear facility owner shall demonstrate compliance with subparagraphs (1) to (4) using actual measurements and the analytic methodology approved by the United States Nuclear Regulatory Commission and supplemented by modeling the effects of engineering controls that have been designed to reduce exposure. In order to determine compliance with subparagraphs (1) to (4), the department may require appropriate testing and analysis, including, but not limited to, analysis of the effectiveness and integrity of engineering controls. [PL 1999, c. 741, §1 (NEW).] B. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Average member of the critical group" means a member of the critical group who is subjected to the most likely exposure situation based on prudently conservative exposure assumptions and parameter values within the model calculations. (2) "Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances. (3) "Nuclear facility owner" means the owner of a nuclear power plant or decommissioned nuclear power plant in the State. (4) "Total effective dose equivalent" has the same meaning as in 10 Code of Federal Regulations, Section 20.1003, as in effect on January 1, 2000. [PL 1999, c. 741, §1 (NEW).] [PL 1999, c. 741, §1 (AMD).]

12. Low-level radioactive waste disposal facility. "Low-level radioactive waste disposal facility" means a facility for the isolation of low-level radioactive waste from the biosphere inhabited by people and their food chains. [PL 1983, c. 381, §9 (NEW).]

13. Low-level radioactive waste generator. "Low-level radioactive waste generator" means a person who produces or processes low-level radioactive waste, whether or not that waste is shipped off site. [PL 1983, c. 381, §9 (NEW).]

14. Low-level radioactive waste licensee or low-level waste licensee. "Low-level radioactive waste licensee" or "low-level waste licensee" means any person licensed by the State or Federal Government to generate, treat, store or dispose of low-level radioactive waste. [PL 1983, c. 381, §9 (NEW).]

15. Low-level radioactive waste storage facility. "Low-level radioactive waste storage facility" means any facility for storage of low-level radioactive waste, except for temporary on-site storage prior to disposal. [PL 1983, c. 381, §9 (NEW).]

16. Radioactive material. "Radioactive material" means any material which emits ionizing radiation spontaneously. It includes accelerator-produced, by-product, naturally occurring, source and special nuclear materials. [PL 1983, c. 381, §9 (NEW).]

17. Site characterization, for high-level radioactive waste. "Site characterization," for high-level radioactive waste, means: A. Siting research facilities with respect to a test and evaluation facility at a candidate site; and [PL 1983, c. 381, §9 (NEW).] B. Activities, whether in the laboratory or in the field, undertaken to establish the geologic condition and the ranges of the parameters of a candidate site relevant to the location of a repository, including borings, surface excavations, excavations of exploratory shafts, limited subsurface lateral excavations and borings, and in situ testing needed to evaluate the suitability of a candidate site for the location of a repository, but not including preliminary borings and geophysical testing needed to assess whether site characterization should be undertaken. [PL 1989, c. 502, Pt. B, §52 (AMD).] [PL 1989, c. 502, Pt. B, §52 (AMD).]

18. Source material. "Source material" means: A. Uranium or thorium, or any combination thereof, in any physical or chemical form; or [PL 1983, c. 381, §9 (NEW).] B. Ores which contain by weight 1/20th of 1%, 0.05% or more of uranium, thorium or any combination thereof. Source material does not include special nuclear material. [PL 1983, c. 381, §9 (NEW).] [PL 1983, c. 381, §9 (NEW).]

19. Source material mill tailings. "Source material mill tailings" means the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, including discrete surface waste resulting from underground solution extraction processes, but not including underground ore bodies depleted by those solution extraction processes. [PL 1983, c. 381, §9 (NEW).]

20. Special nuclear material. "Special nuclear material" means: A. Plutonium, uranium 233 and uranium enriched in the isotope 233 or in the isotope 235, but does not include source material; or [PL 1983, c. 381, §9 (NEW).] B. Any material artificially enriched by any of the material listed in paragraph A , but does not include source material. [PL 1983, c. 381, §9 (NEW).] [PL 1983, c. 381, §9 (NEW).]

21. Spent nuclear fuel. "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. [PL 1983, c. 381, §9 (NEW).]

22. Transuranic waste. "Transuranic waste" means radioactive waste containing alpha-emitting transuranic elements with radioactive half-lives greater than 5 years, in excess of 10 nanocuries per gram. [PL 1983, c. 381, §9 (NEW).]
38 M.R.S. § 721 — ME Code / Title 38 / Chapter 5 / Section 721
38 §721. Common law remedy limited
Status: in_force

No action shall be sustained at common law for the recovery of damages occasioned by the overflowing of lands or for the diversion of the water as before mentioned, except in the cases provided in this chapter, to enforce the payment of damages after they have been ascertained by process of complaint.
38 M.R.S. § 603-A — ME Code / Title 38 / Chapter 4 / Section 603-A
38 §603-A. Low sulfur fuel
Status: in_force

1. Scope. This section applies to those fuel-burning sources in the State that are not required to achieve the lower emission rates of new source performance standards or as required to satisfy the case-by-case requirements of best available control technology or best available retrofit technology. [PL 2007, c. 95, §4 (AMD).]

2. Prohibitions. Except as provided in subsections 4 and 9 , a person may not import, distribute or offer for sale any liquid fossil fuel with a sulfur content exceeding the limits in paragraph A or any solid fossil fuel with a sulfur content to heat content ratio exceeding the limits of paragraph B . A. The sulfur content for liquid fossil fuels is as follows. (1) In the Central Maine, Downeast, Aroostook County and Northwest Maine Air Quality Control Regions and the Metropolitan Portland Air Quality Control Region outside the Portland Peninsula Air Quality Control Region, a person may not distribute or offer for sale any residual fuel oil with a sulfur content greater than 2.0% by weight; beginning July 1, 2018, the limit for those regions is 0.5% by weight. (2) In the Portland Peninsula Air Quality Control Region, a person may not distribute or offer for sale any residual fuel oil with a sulfur content greater than 1.5% by weight; beginning July 1, 2018, the limit for that region is 0.5% by weight. (3) Statewide, a person may not import, distribute or offer for sale a distillate fuel: (b) Beginning July 1, 2018, with a sulfur content greater than 0.0015% by weight. The sulfur content requirements in this subparagraph do not apply to the use of distillate fuel for manufacturing purposes. [PL 2015, c. 66, §1 (AMD).] B. The sulfur content for solid fossil fuels is as follows: (1) One and two-tenths pounds sulfur per million British Thermal Units until November 1, 1991, and .96 pounds sulfur per million British Thermal Units thereafter, calculated as a calendar quarter average for sources in the Central Maine, Downeast, Aroostook County, Northwest Maine Air Quality Control Regions and that portion of the Metropolitan Portland Air Quality Region outside the Portland Peninsula Air Quality Region. A calendar quarter is composed of the months as follows: (1) January, February, March; (2) April, May, June; (3) July, August, September; and (4) October, November, December; and (2) Seventy-two hundredths pounds sulfur per million British Thermal Units calculated as a calendar quarter average for sources in the Portland Peninsula Air Quality Region. A calendar quarter is composed of the months as follows: (1) January, February, March; (2) April, May, June; (3) July, August, September; and (4) October, November, December. [PL 2007, c. 95, §5 (AMD).] [PL 2015, c. 66, §1 (AMD).]

3. Records. [PL 1991, c. 663, §1 (RP).]

4. Flue gas desulfurization. Any source that installs any approved flue gas desulfurization system or other prescribed sulfur removal device must be permitted to use fuel with a sulfur content in excess of the limitations of subsection 2 such that, after control, total sulfur dioxide emissions do not exceed 1.92 pounds of sulfur dioxide per million British Thermal Units in any 24-hour period or emission rates corresponding to the fuel sulfur limitations required for sources on the Portland peninsula. Except for lime kilns at pulp and paper mills, the department may require any person achieving compliance by means of an approved flue gas desulfurization system or other prescribed sulfur removal device to operate a continuous emission monitoring device for sulfur dioxide. [PL 1993, c. 464, §2 (AMD).]

4-A. Electrical generating facilities. [PL 1999, c. 657, §25 (RP).]

5. Fuel blending. [PL 1991, c. 663, §2 (RP).]

6. Test methods and procedures. [PL 1991, c. 663, §2 (RP).]

7. Emergency variance. [PL 1991, c. 663, §2 (RP).]

7-A. Emergency variance. The commissioner, without hearing, may suspend any of the sulfur content requirements of subsection 2 if the commissioner finds that the expected availability of fuel that complies with those requirements is inadequate to meet the needs of residential, commercial or industrial users in this State and that such expected unavailability constitutes an immediate threat to public health, safety or the general welfare. The commissioner shall specify in writing the period during which the suspension is in effect. [PL 2023, c. 1, Pt. E, §1 (NEW).]

8. Best available retrofit technology or BART requirements. For those BART eligible units determined by the department to need additional sulfur air pollution controls to improve visibility, the controls must: A. Be installed and operational no later than January 1, 2013; and [PL 2007, c. 95, §6 (NEW).] B. Either: (1) Require the use of sulfur oil having 1% or less of sulfur by weight; or (2) Be equivalent to a 50% reduction in sulfur emissions from a BART eligible unit based on a BART eligible unit source emission baseline determined by the department under 40 Code of Federal Regulations, Section 51.308 (d)(3)(iii)(2006) and 40 Code of Federal Regulations, Section 51 Appendix Y (2006). [PL 2007, c. 95, §6 (NEW).] [PL 2007, c. 95, §6 (NEW).]

9. Equivalent alternative sulfur reduction application. The department shall adopt major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A that provide an opportunity for a licensed air contamination source that holds a license on the effective date of this subsection to apply for an equivalent alternative sulfur reduction strategy to the residual fuel oil and distillate fuel requirements in subsection 2 . The rules must provide for the achievement of equivalent sulfur emission reductions through other means, including, but not limited to, reductions in consumption of residual fuel oil and distillate fuel, early sulfur emission reductions from a baseline emissions inventory year of 2002 and conversions to alternative fuels. The department shall submit the major substantive rules to the Legislature by January 31, 2014. Approved alternate sulfur reduction strategies must be in effect by July 1, 2018. [PL 2015, c. 66, §2 (AMD).]
38 M.R.S. § 423 — ME Code / Title 38 / Chapter 3 / Section 423
38 §423. Discharge of waste from watercraft
Status: in_force

1. Discharge from watercraft prohibited. A person, firm, corporation or other legal entity may not discharge, spill or permit to be discharged sewage, septic fluids, garbage or other pollutants from watercraft: A. Into inland waters of the State; [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).] B. On the ice of inland waters of the State; or [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).] C. On the banks of inland waters of the State in a manner that the pollutants may fall or be washed into the waters or in a manner in which the drainage from the banks may flow into the waters. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).] [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]

2. Holding tank required. A person, firm, corporation or other legal entity may not operate upon the inland waters of the State a watercraft that has a permanently installed sanitary waste disposal system if it does not have securely affixed to the interior discharge opening of the sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of the State. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]

3. Watercraft defined. [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF); MRSA T. 38 §423, sub-§3 (RP).]

4. Watercraft defined. For the purposes of this section, "watercraft" has the same meaning as in Title 12, section 13001, subsection 28 . [PL 2025, c. 378, §11 (AMD).]

5. Penalty. Notwithstanding section 349, subsection 2 , a person who is charged with a civil violation of this section is subject to a civil penalty, payable to the State, of not less than $500 and not more than $10,000 for each day of that violation. [PL 2017, c. 49, §1 (NEW).]
38 M.R.S. § 342 — ME Code / Title 38 / Chapter 2 / Section 342
38 §342. Commissioner, duties
Status: in_force

The Commissioner of Environmental Protection has the following duties. [PL 2025, c. 390, Pt. A, §58 (AMD).]

1. [PL 1983, c. 483, §1 (RP).]

1-A. Administration of department. The commissioner is the chief administrative officer of the department and responsible for all administrative matters of the department, except as otherwise specified. The commissioner shall assure that all determinations made by the staff of the department are promptly rendered. The commissioner shall resolve disputes between department staff and applicants with respect to any questions regarding requirements, interpretation or application of the laws, rules or department policy. In resolving disputes, the commissioner shall attempt to reach a fair and appropriate result given all of the circumstances of the issue and may utilize the services of such consultants or experts as the commissioner determines would be helpful to resolve any disputed issue. For purposes of this subsection and section 341‑A, subsection 3, paragraph C , staff of the department does not include staff of the board. [PL 1989, c. 890, Pt. A, §14 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF).]

2. Employment of personnel. The commissioner may employ, subject to the Civil Service Law, personnel for the department and prescribe the duties of these employees, except persons occupying the positions defined in Title 5, section 938, subsection 1‑A , as the commissioner determines necessary to fulfill the duties of the department. For purposes of this subsection, personnel for the department does not include staff of the board. [PL 1995, c. 560, Pt. E, §3 (AMD).]

3. [PL 1989, c. 890, Pt. A, §16 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

3-A. Negotiating agreements. The commissioner may negotiate and enter into agreements with federal, state and municipal agencies. [PL 1989, c. 890, Pt. A, §17 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

4. Organization of department. The commissioner, after consultation with the Board of Environmental Protection, shall organize the department into the bureaus, divisions, regional offices and other administrative units necessary to fulfill the duties of the department. After consultation with the board, the commissioner shall prescribe the functions of the bureaus and other administrative units to insure that the powers and duties of the department are administered efficiently so that all license applications and other business of the department may be expeditiously completed in the public interest. A. In coordination with the Health and Environmental Testing Laboratory in the Department of Health and Human Services, the commissioner shall ensure that sampling, data handling and analytical procedures are carried out in accordance with the highest professional standards so that data generated for departmental programs are of known and predictable precision and accuracy. [PL 1991, c. 499, §9 (RPR); PL 1991, c. 499, §26 (AFF); PL 2003, c. 689, Pt. B, §6 (REV).] B. The Office of Pollution Prevention is established within the department to review department programs and make recommendations to the commissioner on means of integrating pollution prevention into department programs. The Office of Pollution Prevention has the following functions: (1) To establish pollution prevention priorities within the department; (2) To coordinate department pollution prevention activities with those of other agencies and entities; (3) To ensure that rules, programs and activities of the department are consistent with pollution prevention goals and do not hinder pollution prevention initiatives; (4) To provide technical assistance, training and educational activities to assist the general public, governmental entities and the regulated community with development and implementation of pollution prevention programs as funds allow; (5) To establish an award program to recognize businesses, local governments, department staff and others that have implemented outstanding or innovative pollution prevention programs, activities or methods; (6) To identify opportunities to use the state procurement system to encourage pollution prevention; (7) To develop procedures to determine the effectiveness of the department's pollution prevention programs and activities; (8) To assume responsibility for the administration and implementation of chapter 27 ; and (9) To administer and evaluate the Technical and Environmental Assistance Program established in section 343‑B . The commissioner shall designate an employee of the department to manage the functions of the Office of Pollution Prevention. That person may provide independent testimony to the Legislature, may make periodic reports to the administrator of the federal Environmental Protection Agency for transmittal to the United States Congress and may address problems or concerns related to the functions of the office, including the investigation of complaints concerning the Technical and Environmental Assistance Program. The commissioner shall identify a staff person or persons in each bureau of the department whose primary responsibility is to provide guidance to any party through the permit review process. [PL 2009, c. 579, Pt. B, §5 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).] [PL 2009, c. 579, Pt. B, §5 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]

5. Designation of deputy commissioner. [PL 1985, c. 746, §5 (RP).]

5-A. Designation of deputy commissioner and directors. The commissioner may employ, to serve at the commissioner's pleasure, the following: A. A deputy commissioner; and [RR 2021, c. 2, Pt. A, §129 (COR).] B. [PL 1987, c. 419, §3 (RP).] C. Directors as defined in Title 5, section 938, subsection 1‑A . [PL 1995, c. 560, Pt. E, §4 (AMD).] [RR 2021, c. 2, Pt. A, §129 (COR).]

6. Technical services. [PL 1991, c. 66, Pt. A, §1 (RP).]

7. Representation in court. The commissioner may authorize licensed Maine attorneys with active bar status who are employees of the department and certified employees of the department to serve civil process and represent the department in District Court in the prosecution of violations of those laws enforced by the department and set forth in Title 4, section 152, subsection 6‑A . The commissioner may authorize licensed Maine attorneys with active bar status who are employees of the department and certified employees of the department to represent a municipality in an action to obtain an administrative search warrant to allow entry of a local plumbing inspector onto property without the consent of the property owner in order to inspect a subsurface waste water disposal system in an area designated by the department as provided in section 424‑A, subsection 3, paragraph A . Licensed Maine attorneys do not need to file the certification referred to in the Maine Rules of Civil Procedure, Rule 80K(h). Certification of nonattorney employees must be provided as under Title 30‑A, section 4453 . [PL 2007, c. 568, §7 (AMD).]

8. Data base. The commissioner shall develop by January 1, 1991, and maintain a data base of license applications received and decisions made by the department. The data base must include information on all applications pending or received after January 1, 1990. For each application the data base must include: A. The type of license sought; [PL 1991, c. 66, Pt. A, §2 (RPR).] B. The name and address of the applicant and the name of a natural person who is the representative of the applicant; [PL 1991, c. 66, Pt. A, §2 (RPR).] C. The location of the project; [PL 1991, c. 66, Pt. A, §2 (RPR).] D. The date of acceptance of the application for processing; [PL 1991, c. 66, Pt. A, §2 (RPR).] E. The current processing status of the application; [PL 1991, c. 66, Pt. A, §2 (RPR).] F. An indication of whether the commissioner or the board will decide the application; [PL 1991, c. 66, Pt. A, §2 (RPR).] G. A brief description of the project, including any substantial issues raised during the licensing process; and [PL 1991, c. 66, Pt. A, §2 (RPR).] H. A brief description of the final action taken by the department, either by the commissioner or the board, on the application. [PL 1991, c. 66, Pt. A, §2 (RPR).] The commissioner shall maintain a central archive of all applications received and licenses issued by the department. [PL 1991, c. 66, Pt. A, §2 (RPR).]

9. Rules. The commissioner may submit to the board new or amended rules for its adoption. [PL 2019, c. 315, §6 (AMD).]

10. Consultants. The commissioner may contract with or otherwise employ consultants for services necessary to carry out duties under this Title. [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

11. Administrative duties for the board. The commissioner shall meet the administrative requirements of the board including bookkeeping, expense reimbursement and payroll matters. [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

11-A. Recommendations and assistance to board. The commissioner shall make recommendations to the board regarding proposed rules; permit and license applications over which the board has jurisdiction; modification or corrective action on licenses; appeals of license and permit decisions; enforcement actions; and other matters considered by the board. The commissioner shall also provide the board with the technical services of the department. [PL 2019, c. 315, §7 (AMD).]

11-B. Revoke or suspend licenses and permits. Notwithstanding Title 5, section 10051 , after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4 , the commissioner may revoke or suspend a license whenever the commissioner finds that: A. The licensee has violated any condition of the license; [PL 2011, c. 304, Pt. H, §17 (NEW).] B. The licensee has obtained a license by misrepresenting or failing to disclose fully all relevant facts; [PL 2011, c. 304, Pt. H, §17 (NEW).] C. The licensed discharge or activity poses a threat to human health or the environment; [PL 2011, c. 304, Pt. H, §17 (NEW).] D. The license fails to include any standard or limitation legally required on the date of issuance; [PL 2011, c. 304, Pt. H, §17 (NEW).] E. There has been a change in any condition or circumstance that requires revocation or suspension of a license; [PL 2011, c. 304, Pt. H, §17 (NEW).] F. There has been a change in any condition or circumstance that requires a corrective action or a temporary or permanent modification of the terms of the license; [PL 2011, c. 304, Pt. H, §17 (NEW).] G. The licensee has violated any law administered by the department; or [PL 2011, c. 304, Pt. H, §17 (NEW).] H. The license fails to include any standard or limitation required pursuant to the federal Clean Air Act Amendments of 1990. [PL 2011, c. 304, Pt. H, §17 (NEW).] The commissioner may revoke or suspend a license as authorized by this subsection at any time, including during the pendency of a judicial appeal of a final decision regarding the license. For the purposes of this subsection, "license" includes any license, permit, order, approval or certification issued by the department and "licensee" means the holder of the license. [PL 2023, c. 139, §3 (AMD).]

11-C. Modification or corrective action. The commissioner may recommend that the board modify or take corrective action on a license in accordance with section 341‑D, subsection 3 . [PL 2011, c. 538, §3 (NEW).]

12. Coordination and assistance procedures. The commissioner shall establish procedures to assist the public and applicants and coordinate processing for all environmental permits issued by the department. These procedures must, to the extent practicable, ensure: A. Availability to the public of necessary information concerning these environmental permits; [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] B. Assistance to applicants in obtaining environmental permits from the department; and [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] C. That the public understands the permitting process and all the procedures of the department including those of the board. Any written material must be in clear, concise language. [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] [PL 1989, c. 890, Pt. A, §18 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

13. Agricultural impacts. The commissioner shall notify and regularly inform the Commissioner of Agriculture, Conservation and Forestry on proposed legislation or rules that may affect agricultural activity. [PL 1991, c. 66, Pt. A, §3 (NEW); PL 2011, c. 657, Pt. W, §6 (REV).]

14. Environmental priorities report. [PL 2003, c. 245, §4 (RP).]

15. Technical services. The commissioner shall establish a technical services unit within the department to assist any person involved in a real estate transaction in determining whether real property that is the subject of the transaction has been the site of a discharge, release or threatened release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products. The commissioner may also assist in or supervise the development and implementation of reasonable and necessary response actions. Assistance may include review of agency records and files, review and approval of a requester's investigation plans, site assessments and reports, voluntary response action plans and implementation of those plans. The fee for department assistance in submitting a voluntary response action plan under section 343‑E is equal to 1% of the assessed value of the property at the time the request is submitted, except that the fee may not exceed $15,000. The fee is waived for a voluntary response action plan submitted for a property transaction or use funded in accordance with Title 7, section 320‑K, subsection 4, paragraph D . For all other requests for assistance under this subsection, a person shall pay the department an initial nonrefundable fee of up to $500 to be determined by the commissioner. The person shall also pay the department for its actual direct and indirect costs of providing assistance, which must be determined by the commissioner but which must not on an hourly basis exceed $50 per hour per person. Money received by the department for assistance under this subsection must be deposited in the Uncontrolled Sites Fund established in section 1364, subsection 6 . [PL 2023, c. 510, §1 (AMD).]

16. Receipt of funds. Through the Department of Administrative and Financial Services, the commissioner may establish accounts as necessary for the administration of funds held temporarily by the department and restricted to specific purposes by court order or otherwise, such as escrow funds, funds from court decrees and intervenor fees. The State Budget Officer may provide for allotment of the funds as requested. Funds received must be deposited with the Treasurer of State to the credit of the appropriate account and be invested, as provided by law, with interest credited to the account. [PL 1993, c. 735, §1 (NEW).]

17. Serve as a director of Clean Government Initiative. The commissioner shall serve as a director, along with the Commissioner of Administrative and Financial Services, of the Clean Government Initiative established in section 343‑H . [PL 2001, c. 333, §4 (NEW).]
38 M.R.S. § 11 — ME Code / Title 38 / Chapter 1 / Section 11
38 §11. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 548, Pt. D, §9 (AMD).]

1. Municipal resident. "Municipal resident" means any person who occupies a dwelling within the municipality for more than 180 days in a calendar year. A municipality may by ordinance include other persons in the definition of resident. [PL 1987, c. 412, §§ 7, 8 (NEW).]

2. Parcel of land. "Parcel of land" means the larger of the minimal buildable lot size in the municipality or 20,000 square feet and, in either case, including 100 feet of shoreline frontage. [PL 1987, c. 412, §§ 7, 8 (NEW).]

3. Watercraft. "Watercraft" means any type of vessel, boat, barge, float or craft used or capable of being used as a means of transportation on water other than a seaplane. [PL 1987, c. 412, §§ 7, 8 (NEW).]
38 M.R.S. § 1616 — ME Code / Title 38 / Chapter 16 / Section 1616
38 §1616. Appliance and product efficiency standards (REALLOCATED FROM TITLE 38, SECTION 1613)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1613)

1. Sale prohibition; appliances and products. The following provisions apply to the sale or offering for sale in the State of certain new appliances and products. A. Except as provided in subsection 2 , beginning January 1, 2023, a person may not sell or offer for sale in the State any of the following appliances and products manufactured on or after January 1, 2023 that are prohibited from sale in rules adopted by the department in accordance with subsection 3 : (1) Computers and computer monitors; (2) General service lamps; (3) Commercial hot food holding cabinets; (4) Plumbing fittings that are showerheads, lavatory faucets, kitchen faucets, public lavatory faucets, metering faucets, kitchen replacement aerators and lavatory replacement aerators; (5) Plumbing fixtures that are water closets and urinals; (6) Portable electric spas; (7) Spray sprinkler bodies; and (8) Water dispensers. For the purposes of this paragraph, the appliances and products listed in subparagraphs (1) to (8) have the same meanings as in rules adopted by the department under subsection 3 , except that "general service lamps" means medium-base incandescent light bulbs that are: reflector lamps that are ER30, BR30, BR40 or ER40 lamps rated at 50 watts or less; reflector lamps that are BR30, BR40 or ER40 lamps rated at 65 watts; reflector lamps that are R20 lamps rated at 45 watts or less; B, BA, CA, F and G shape lamps as defined in American National Standards Institute standard C79.1‑2002 with a lumen output greater than or equal to 200 and rated at 40 watts or less; A and C shape lamps as defined in American National Standards Institute standard C79.1‑2002 with a lumen output greater than or equal to 200 and less than 310; shatter-resistant lamps; and 3-way lamps. [PL 2021, c. 433, §1 (NEW); RR 2021, c. 2, Pt. A, §135 (RAL).] A-1. Except as provided in subsection 2 , beginning January 1, 2027, a person may not sell or offer for sale in the State any of the following appliances and products manufactured on or after January 1, 2027 that are prohibited from sale in rules adopted by the department in accordance with subsection 3: (1) Commercial battery chargers; (2) Commercial dishwashers; (3) Commercial food steamers; (4) Commercial fryers; (5) Commercial ovens; (6) Computer server power supplies; and (7) Residential ventilating fans. [PL 2025, c. 184, §1 (NEW).] B. In determining a person's compliance with paragraphs A and A‑1 , the department shall, to the greatest extent practicable and where consistent with the requirements of this subsection, use information available from other states that regulate the same appliances and products. [PL 2025, c. 184, §2 (AMD).] C. A person who violates paragraph A or A‑1 commits a civil violation for which a fine of not more than $100 may be adjudged. [PL 2025, c. 184, §3 (AMD).] [PL 2025, c. 184, §§1-3 (AMD).]

2. Exclusions; federal preemption. This section does not apply to any appliances and products: A. Listed in subsection 1, paragraph A , subparagraphs (1) to (8) that are manufactured before January 1, 2023; [PL 2025, c. 184, §4 (NEW).] B. Listed in subsection 1, paragraph A‑1 , subparagraphs (1) to (7) that are manufactured before January 1, 2027; or [PL 2025, c. 184, §4 (NEW).] C. Listed in subsection 1, paragraph A or A‑1 that are sold or offered for sale in the State in used condition. [PL 2025, c. 184, §4 (NEW).] An appliance or product listed in subsection 1, paragraph A or A‑1 is exempt from the prohibitions in this section and the rules adopted pursuant to this section if state regulation of the appliance or product is preempted by federal statute or regulation, for as long as that federal preemption remains in effect. [PL 2025, c. 184, §4 (RPR).]

3. Rules. The department may adopt rules to prohibit the sale or offering for sale in the State of appliances or products described in subsection 1, paragraphs A and A‑1 . Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 184, §5 (AMD).]
38 M.R.S. § 1371 — ME Code / Title 38 / Chapter 13-B / Section 1371
38 §1371. Lien established
Status: in_force

1. Established. All costs incurred by the State for the abatement, cleanup or mitigation of hazards posed by an uncontrolled hazardous substance site and all interest and penalties shall be a lien against the real estate of the responsible party. [PL 1987, c. 540 (RPR).]

2. Priority. The priority of a lien filed pursuant to this section shall be governed by the following. A. Any lien filed pursuant to this section on real estate that encompasses an uncontrolled hazardous substance site has precedence over all encumbrances on the real estate, including liens of the State or any political subdivision, recorded after July 7, 1987. The term "real estate" in this paragraph includes all real estate of a responsible party that has been included in the property description of the affected real estate within the 3-year period preceding the date of filing of the lien or on or after July 7, 1987, whichever period is shorter. [PL 1991, c. 811, §5 (AMD); PL 1991, c. 811, §7 (AFF).] B. Any lien filed pursuant to this section on any other real estate of the party responsible for the uncontrolled hazardous substance site shall have precedence over all transfers and encumbrances filed after the date that the lien is filed with the registry of deeds. [PL 1987, c. 540 (NEW).] [PL 1991, c. 811, §5 (AMD); PL 1991, c. 811, §7 (AFF).]

3. Notice. A certificate of lien signed by the Commissioner of Environmental Protection shall be mailed by certified mail, return receipt requested, to all those persons of record holding an interest in the real estate over which the commissioner's lien is entitled to priority under subsection 2, paragraph A . A certificate may be filed for record in the office of the clerk of any municipality in which the real estate is situated. [PL 1987, c. 540 (RPR).]

4. Recording. Any lien filed pursuant to this section shall be effective when filed with the registry of deeds for the county in which the real estate is located. The lien shall include a description of the real estate, the amount of the lien and the name of the owner as grantor. [PL 1987, c. 540 (RPR).]

5. Limitation. This section does not apply to a unit of real estate that consists primarily of real estate used or under construction as single or multi-family housing at the time the lien is recorded or to property owned by a political subdivision except for the real estate that encompasses an uncontrolled hazardous substance site and that is owned by a political subdivision. [PL 1991, c. 811, §6 (AMD); PL 1991, c. 811, §7 (AFF).]

6. Discharge of lien. When the amount with respect to which a lien has been recorded under this section, has been paid or reduced, the commissioner, upon request by any person of record holding interest in the real estate which is the subject of the lien, shall issue a certificate discharging or partially discharging the lien. The certificate shall be recorded in the registry in which the lien was recorded. Any action of the foreclosure of the lien shall be brought by the Attorney General in the name of the State in the Superior Court for the judicial district in which the property subject to the lien is situated. [PL 1987, c. 540 (NEW).]
38 M.R.S. § 440-A — ME Code / Title 38 / Chapter 3 / Section 440-A
38 §440-A. Public access
Status: in_force

In addition to controls required in this chapter, municipalities may extend or adopt zoning and subdivision controls to protect any public rights for physical and visual access to the shoreline. [PL 1985, c. 794, Pt. A, §9 (NEW).]

Zoning ordinances adopted or extended pursuant to this section shall be pursuant to and consistent with a comprehensive plan. [PL 1985, c. 794, Pt. A, §9 (NEW).]
38 M.R.S. § 2101 — ME Code / Title 38 / Chapter 24 / Section 2101
38 §2101. Solid waste management hierarchy
Status: in_force

1. Priorities. It is the policy of the State to plan for and implement an integrated approach to solid waste management for solid waste generated in this State and solid waste imported into this State, which must be based on the following order of priority: A. Reduction of waste generated at the source, including both amount and toxicity of the waste; [PL 1989, c. 585, Pt. A, §7 (NEW).] B. Reuse of waste; [PL 1989, c. 585, Pt. A, §7 (NEW).] C. Recycling of waste; [PL 1989, c. 585, Pt. A, §7 (NEW).] D. Composting of biodegradable waste; [PL 1989, c. 585, Pt. A, §7 (NEW).] E. Waste processing that reduces the volume of waste needing land disposal, including incineration; and [PL 2007, c. 583, §7 (AMD).] F. Land disposal of waste. [PL 1989, c. 585, Pt. A, §7 (NEW).] It is the policy of the State to use the order of priority in this subsection as a guiding principle in making decisions related to solid waste management. [PL 2007, c. 583, §7 (AMD).]

2. Waste reduction and diversion. It is the policy of the State to actively promote and encourage waste reduction measures from all sources and maximize waste diversion efforts by encouraging new and expanded uses of solid waste generated in this State as a resource. [PL 2007, c. 192, §2 (NEW).]
38 M.R.S. § 484-D — ME Code / Title 38 / Chapter 3 / Section 484-D
38 §484-D. Compensation fee program for renewable energy development
Status: in_force

1. Compensation fee program. The department shall establish a compensation fee program to fund a compensation project as an alternative means of satisfying requirements related to off-site habitat improvement or preservation that the department determines necessary to mitigate the adverse effects of a renewable energy development on wildlife and fisheries habitats, as defined by the department, to comply with section 484, subsection 3 . For purposes of this section, "renewable energy development" means a development subject to the requirements of this article that is: A. A solar energy development and associated facilities; [PL 2023, c. 448, §2 (NEW).] B. A wind energy development as defined in Title 35‑A, section 3451, subsection 11 and associated facilities; or [PL 2023, c. 448, §2 (NEW).] C. A high-impact electric transmission line as defined in Title 35‑A, section 3131, subsection 4‑A . [PL 2023, c. 448, §2 (NEW).] A compensation project funded in whole or in part from compensation fees under this section must be approved by the department. [PL 2023, c. 448, §2 (NEW).]

2. Calculating compensation fee. The department shall establish criteria for determining compensation fee amounts based upon the fair market value of land consisting of habitat comparable to the habitat affected by the development under this section and including reasonable costs, including stewardship costs, of a compensation project completed in whole or in part with the compensation fee. A portion of the fee may be used to cover the cost of administering a compensation fund in subsection 3 . The fee may not include compensation for an area as defined by section 480‑Z, subsection 7 . [PL 2023, c. 448, §2 (NEW).]

3. Compensation fund. The department shall establish one or more compensation funds to receive compensation fees under this section for restoration, enhancement or preservation activities under paragraph A or to provide compensation fees to an organization authorized by the department under paragraph B . The department may require compensation fees to be remitted to another fund or funds created by the Legislature that can carry out the purposes of this section. Funds may be used by an agency required to assist with implementation of the requirements of this section to hire contract staff. A. The department may establish a nonlapsing compensation fund for the purpose of receiving compensation fees, grants and other related income to carry out a compensation project dedicated to payment of costs and related expenses of restoration, enhancement or preservation activities of the project. The department may make payments from the fund consistent with the purpose of the fund. Income received under this paragraph must be deposited with the Treasurer of State to the credit of the compensation fund and may be invested as provided by law. Interest on investments under this paragraph must be credited to the compensation fund. [PL 2023, c. 448, §2 (NEW).] B. The department may enter into an enforceable, written agreement with a public, quasi-public or municipal organization or a private, nonprofit organization with expertise in the conservation of natural or working lands. The organization must demonstrate the ability to receive compensation fees, administer a compensation fund and ensure that compensation projects are implemented consistent with local, regional or state management priorities. If compensation fees are provided to an authorized organization, the organization shall maintain records of expenditures and provide an annual summary report as requested by the department. If the organization is a state agency other than the department, the agency shall establish a fund meeting the requirements specified in paragraph A . If the organization does not perform in accordance with this paragraph or with the requirements of the written agreement with the department, the department may revoke the organization's authority to conduct activities in accordance with this paragraph. [PL 2023, c. 448, §2 (NEW).] [PL 2023, c. 448, §2 (NEW).]

4. Location and type of projects. A compensation project funded by a compensation fee under this section must be located in the same biophysical region as the renewable energy development unless otherwise approved by the department and must consist of habitat comparable to the habitat affected by the renewable energy development. The department shall base approval of a compensation project on the management priorities for the biophysical region in which the project is located. For purposes of this subsection, "biophysical region" has the same meaning as in section 480‑Z . [PL 2023, c. 448, §2 (NEW).]

5. Relationship to other provisions. The payment of a compensation fee under this section does not relieve the renewable energy development of the requirement to comply with any other provision of this article, including but not limited to the requirement to avoid and minimize adverse impacts on natural resources to the greatest extent practicable. [PL 2023, c. 448, §2 (NEW).]

6. Rules. The department shall adopt rules to carry out the purposes of this section. Rules adopted pursuant to this subsection are major substantive rules under Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 448, §2 (NEW).]
38 M.R.S. § 341-B — ME Code / Title 38 / Chapter 2 / Section 341-B
38 §341-B. Rules
Status: in_force

The purpose of the Board of Environmental Protection is to provide informed, independent and timely decisions on the interpretation, administration and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in department decisions. The board shall fulfill its purpose through rulemaking, decisions on selected permit applications, decisions on appeals of the commissioner's licensing actions, review of the commissioner's enforcement actions and recommending changes in the law to the Legislature. [PL 2019, c. 315, §3 (AMD).]
38 M.R.S. § 581 — ME Code / Title 38 / Chapter 4 / Section 581
38 §581. Declaration of findings and intent
Status: in_force

The Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes physical discomfort, injury to property and property values, discourages recreational and other uses of the state's resources and is aesthetically unappealing. [PL 1969, c. 474, §1 (NEW).]

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide program to control present and future sources of emission of air contaminants to the end that air polluting activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare of all of the citizens of the State; protects property values and protects plant and animal life. [PL 1969, c. 474, §1 (NEW).]

Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively or procedurally, the right of any person to damage or other relief on account of injury to persons or property due to violation of air quality standards or emission standards and to maintain any action or other appropriate procedure therefor; nor to so affect the powers of the State to initiate, prosecute and maintain actions to abate public nuisances. [PL 1969, c. 474, §1 (NEW).]
38 M.R.S. § 1492 — ME Code / Title 38 / Chapter 14-A / Section 1492
38 §1492. Purpose
Status: in_force

The purpose of this Act is to require approval by the voters of Maine as a precondition for the construction or operation within the State of Maine of any low-level radioactive waste disposal or storage facility and to require approval by the voters of Maine as a precondition for the participation by the State of Maine in any compact or agreement with any other state or states or the Federal Government concerning low-level radioactive waste disposal or storage. [IB 1985, c. 1 (NEW).]
38 M.R.S. § 1663 — ME Code / Title 38 / Chapter 16-B / Section 1663
38 §1663. Disposal ban
Status: in_force

After July 15, 2002, a person may not knowingly place a mercury-added product in solid waste for disposal in a solid waste disposal facility. This section may not be construed to affect existing laws, rules or regulations governing disposal of mercury-added products prior to July 15, 2002. [PL 1999, c. 779, §2 (NEW).]
38 M.R.S. § 585-I — ME Code / Title 38 / Chapter 4 / Section 585-I
38 §585-I. MTBE
Status: in_force

The following provisions apply to the sale of MTBE in the State. [PL 2003, c. 638, §4 (NEW).]

1. Definition. For purposes of this section, "MTBE" means the gasoline oxygenate methyl tertiary butyl ether. [PL 2003, c. 638, §4 (NEW).]

2. Prohibition on sale. Beginning January 1, 2007, a person may not sell, offer for sale, distribute or blend in this State gasoline that contains more than 1/2 of 1% by volume MTBE that is intended for sale to ultimate consumers in this State. [PL 2003, c. 638, §4 (NEW).]

3. Emergency order. Notwithstanding subsection 2 , whenever the commissioner finds that a danger to public health or safety exists due to low supply of gasoline in the State, the commissioner may issue an emergency order waiving the sales prohibition in subsection 2 . [PL 2003, c. 638, §4 (NEW).]
38 M.R.S. § 954-A — ME Code / Title 38 / Chapter 6 / Section 954-A
38 §954-A. Officers and meetings
Status: in_force

The commission shall elect annually, from its own membership, a chair and secretary and such other officers as it deems necessary. Meetings must be held at the call of the chair or at the call of more than 1/2 of the membership. The meetings must be held no less frequently than 8 times a year. The minutes of all proceedings of the commission are a public record available and on file in the office of the commission. Members of the commission must be compensated according to the provisions of Title 5, chapter 379 . [RR 2013, c. 2, §49 (COR).]

Alternate members shall be allowed to participate in all proceedings of the commission, but shall vote only in the absence of the regular member from the municipality which they represent. Public hearings conducted under the authority of this chapter may be held by a single member, alternate or hearing officer designated by the commission. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 2170-A — ME Code / Title 38 / Chapter 24 / Section 2170-A
38 §2170-A. Host community agreements
Status: in_force

The provisions of this section apply to a solid waste disposal facility owned or operated by the bureau. [PL 2011, c. 655, Pt. GG, §50 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Issuance of license. The department may not issue a license for a solid waste disposal facility unless a host community agreement is in place in accordance with this section. [PL 2007, c. 406, §3 (NEW).]

2. Agreement required. A solid waste disposal facility must have in place a host community agreement with all applicable host communities during the development and operation and through closure of that facility. A host community agreement for the purposes of this section must, when applicable, include provisions relating to the impact payments set forth in section 2176 . [PL 2007, c. 406, §3 (NEW).]
38 M.R.S. § 3112 — ME Code / Title 38 / Chapter 33 / Section 3112
38 §3112. Exception for beverage containers used on international flights
Status: in_force

This chapter does not apply to any beverage container sold to an airline and containing a beverage intended for consumption on an aircraft flight in interstate or foreign commerce. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 490-OO — ME Code / Title 38 / Chapter 3 / Section 490-OO
38 §490-OO. Mining permit; application procedure
Status: in_force

1. Permit required. A person may not engage in mining without a permit issued by the department under this article. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Application procedure. An application for a mining permit must be submitted to the department in a format to be developed by the department. The application must include the following: A. The fees established in section 352 . All costs incurred by the department in processing an application must be paid for by the applicant; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. An environmental impact assessment for the proposed mining operation that describes the natural and artificial features, including, but not limited to, groundwater and surface water quality, flora, fauna, hydrology, geology and geochemistry and baseline conditions for those features in the proposed mining area and affected area that may be affected by the mining operation and the potential impacts on those features from the proposed mining operation. The environmental impact assessment must define the mining area and the affected area and address practicable alternatives to address impacts to the mining area and potential impacts to the affected area. The department shall review the environmental impact assessment and may approve, reject or require modifications to the assessment; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. An environmental protection, reclamation and closure plan for the proposed mining operation, including beneficiation operations, that will reasonably avoid, minimize and mitigate the actual and potential adverse impacts on natural resources, the environment and public health and safety within the mining area and the affected area. The plan must address unique issues associated with mining and must include, but not be limited to, the following: (1) A description of materials, methods and techniques that will be used; (2) Information that demonstrates that the methods, materials and techniques proposed to be used are capable of accomplishing their stated objectives in protecting the environment and public health. The required information may consist of results of actual testing, modeling, documentation by credible independent testing and certification organizations or documented applications in similar uses and settings; (3) Plans and schedules for interim and final reclamation of the mining area and the affected area following cessation of mining operations and plans and schedules for measures taken during suspension of operations, including contemporaneous reclamation, to the extent practicable; (4) A description of the geochemistry of the ore, waste rock, overburden, peripheral rock, spent leach material and tailings, including characterization of leachability, reactivity and acid-forming characteristics; (5) A mining operations closure plan; (6) Provisions for the prevention, control and monitoring of acid-forming waste products and other waste products from the mining process in accordance with standards in subsection 4, paragraphs D and E ; (7) Storm water and surface water management provisions; (8) A water quality monitoring plan; (9) A description of the wastewater discharge management plan; (10) A description of any tailings impoundment and the methods, materials and techniques to be used; (11) A plan for the storage of hazardous materials; and (12) An estimate of costs for reclamation, closure and environmental protection; [RR 2025, c. 1, Pt. A, §62 (COR).] D. A contingency plan that includes an assessment of the risk to the environment and public health and safety associated with potential significant incidents or failures related to the mining operation and describes the metallic mineral operator's notification and response plans. When the application is accepted as complete for processing by the department, the applicant shall provide a copy of the contingency plan to each municipality in which the mining area and affected area may be located or, in the unorganized territory, to the county commissioners for each county in which the mining area or affected area may be located. The department may require amendments to the contingency plan; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] E. Financial assurance as described in section 490‑RR ; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] F. A list of other state and federal permits or approvals anticipated by the applicant to be required. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [RR 2025, c. 1, Pt. A, §62 (COR).]

3. Permit issuance if violation exists. A mining permit may not be issued or transferred to a person if the department has determined that person to be in violation of this article, rules adopted under this article, a mining permit, an order of the department issued pursuant to this article or any other state law, rule, permit or order that the department determines through rulemaking is relevant to the issuance or transfer of a mining permit unless the person has corrected the violation or the person has agreed in a judicially enforceable document to correct the violation pursuant to a compliance schedule approved by the department. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Criteria for approval. Except as provided for in subsection 3 , the department shall approve a mining permit whenever it finds the following. A. The applicant has the financial capacity and technical ability to develop the project in a manner consistent with applicable state environmental standards and with the provisions of this article. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. The applicant has made adequate provision for fitting the mining operation harmoniously into the existing natural environment and the development will not unreasonably adversely affect existing uses, scenic character, air quality, water quality or other natural resources. (1) In making a determination under this paragraph regarding a mining operation's effects on natural resources regulated by the Natural Resources Protection Act, the department shall apply the same standards applied under the Natural Resources Protection Act. (2) The applicant must demonstrate that there is reasonable assurance that public and private water supplies will not be affected by the mining operations. (3) The applicant must demonstrate that rules to protect human health and the environment adopted by the department pursuant to this article will be met. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. The mining operation will be located on soil types that are suitable to the nature of the mining operation. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. There is reasonable assurance that discharges of pollutants from the mining operation will not violate applicable water quality standards. Notwithstanding sections 465‑C and 470 , contamination of groundwater from activities permitted under this article may occur within a mining area, but such contamination must be limited and may not result in: (1) Contamination of groundwater beyond the mining area; (2) Contamination of groundwater within the mining area that exceeds applicable water quality criteria for pollutants other than pH or metals; (3) Contamination of groundwater within the mining area due to pH or metals that exceeds limits set forth in the mining permit by the department based on site-specific geologic and hydrologic characteristics; (4) Any violation of surface water quality standards under section 413 or article 4‑A ; or (5) If groundwater or surface water quality within the mining area prior to the commencement of any mining activity exceeds applicable water quality standards, further degradation of such groundwater or surface water quality. In determining compliance with this standard, the department shall require groundwater monitoring consistent with the standards established pursuant to section 490‑QQ, subsection 3 . Notwithstanding section 490‑MM, subsection 12 , for the purposes of this paragraph, "mining area" means an area of land, approved by the department and set forth in the mining permit, not to exceed 100 feet in any direction from a mine shaft, surface pit or surface excavation, and does not include the following lands, regardless of the distance of such land from a mine shaft, surface pit or surface excavation: the land on which material from mining is stored or deposited, the land on which beneficiating or treatment facilities are located, the land on which groundwater and surface water management systems are located or the land on which water reservoirs used in a mining operation are located. [PL 2017, c. 142, §7 (AMD).] E. The mining operation will not cause a direct or indirect discharge of pollutants into surface waters or discharge groundwater containing pollutants into surface waters that results in a condition that is in nonattainment of or noncompliance with the standards in article 4‑A or section 414‑A or 420 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] F. Withdrawals of groundwater and surface water related to the mining operation will comply with article 4‑B . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] G. The applicant has made adequate provision of utilities, including water supplies, wastewater facilities and solid waste disposal, required for the mining operation, and the mining operation will not have an unreasonable adverse effect on the existing or proposed utilities in a municipality or area served by those services. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] H. The mining operation will not unreasonably cause or increase the flooding of the area that is altered by the mining operation or adjacent properties or create an unreasonable flood hazard to any structure. Notwithstanding any provision of law to the contrary, mining operations involving the removal of metallic minerals, the storage of metallic minerals or mine waste, the processing of metallic minerals or the treatment of mine waste may not be placed in or on flood plains or flood hazard areas. [PL 2017, c. 142, §7 (AMD).] I. The applicant has made adequate provision for protection of public safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] J. The mining operation will not use heap or percolation leaching. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] K. No part of the mining operation will be located wholly or partially in, on or under any state land listed in Title 12, section 549‑B, subsection 7, paragraph C‑1 . [PL 2017, c. 142, §8 (NEW).] L. The mining operation will not involve the removal of metallic minerals in, on or from a river, stream or brook, as defined in section 480‑B, subsection 9 ; a great pond, as defined in section 480‑B, subsection 5 ; a freshwater wetland, as defined in section 480‑B, subsection 4 ; or a coastal wetland, as defined in section 480‑B, subsection 2 . [PL 2017, c. 142, §8 (NEW).] M. The mining operation will not involve placement of a mine shaft in, on or under a significant river segment, as identified in section 437 ; an outstanding river segment, as identified in section 480‑P ; an outstanding river, as identified in Title 12, section 403 ; a high or moderate value waterfowl and wading bird habitat that is a significant wildlife habitat pursuant to section 480‑B, subsection 10, paragraph B , subparagraph (2); a great pond, as defined in section 480‑B, subsection 5 ; or a coastal wetland, as defined in section 480‑B, subsection 2 . [PL 2017, c. 142, §8 (NEW).] N. The mining operation will use dry stack tailings management and will not use wet mine waste units or tailings impoundments for the management of mine waste and tailings, except that the mining operation may involve the placement into a mine shaft of waste rock that is neutralized or otherwise treated to prevent contamination of groundwater or surface water. [PL 2017, c. 142, §8 (NEW).] O. The mining operation will not use open-pit mining. [PL 2017, c. 142, §8 (NEW).] [PL 2017, c. 142, §§7, 8 (AMD).]

5. Permit coordination. If a person submits an application for a mining permit under this article and an application to the department for any other permit required pursuant to section 490‑NN, subsection 1 , the department shall process the applications in a coordinated fashion and issue a joint decision. The coordinated permit process must include consolidation of public hearings. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

6. Public and local participation. In addition to provisions for public participation pursuant to Title 5, chapter 375 and department rules relating to public participation in the processing of applications, the following provisions apply to an application for a mining permit. A. At least 60 days prior to submitting an application to the department, the applicant shall notify by certified mail the municipal officers of each municipality in which the mining area or affected area may be located or, in the unorganized territory, the county commissioners for each county in which the mining area or affected area may be located. The applicant at the same time shall provide a copy of the notice to the department and the Director of the Division of Geology, Natural Areas and Coastal Resources within the Department of Agriculture, Conservation and Forestry. [PL 2013, c. 405, Pt. C, §22 (AMD).] B. At the time an application is submitted to the department, the applicant shall provide written notice to the municipal officers of each municipality in which the mining area and affected area may be located or, in the unorganized territory, to the county commissioners for each county in which the mining area or affected area may be located and shall publish notice of the application in a newspaper of general circulation in the area. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. The department shall hold an adjudicatory public hearing within the municipality in which the mining operation may be located or, in the unorganized territory, in a convenient location in the vicinity of the proposed mining operation. Administrative expenses of a hearing held pursuant to this paragraph must be paid for by the applicant. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. The municipal officers, or their designees, from each municipality in which the mining area or affected area may be located or, in the unorganized territory, the county commissioners, or their designees, for each county in which the mining area or affected area may be located have intervenor status if they request it within 60 days after notification under paragraph B . The intervenor status granted under this paragraph applies in any proceeding for a permit under this article. Immediately upon the commissioner's receipt of a request for intervenor status under this paragraph, the intervenors have all rights and responsibilities commensurate with this status. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] E. The commissioner shall reimburse or make assistance grants for the direct expenses of intervention of any party granted intervenor status under paragraph D , not to exceed $50,000. The department shall adopt rules governing payment by an applicant to the department of fees necessary for the department to award intervenor assistance grants and governing the award and management of intervenor assistance grants and reimbursement of expenses to ensure that the funds are used in support of direct, substantive participation in the proceedings before the department. Allowable expenses include, without limitation, hydrogeological studies, traffic analyses, the retention of expert witnesses and attorneys and other related items. Expenses not used in support of direct, substantive participation in the proceedings before the department, including attorney's fees related to court appeals, are not eligible for reimbursement under this subsection. Expenses otherwise eligible under this subsection that are incurred by the municipality or county commissioners after notification pursuant to paragraph B are eligible for reimbursement under this paragraph only if a completed application is accepted by the department. The department shall also establish rules governing the process by which an intervenor under paragraph D may gain entry to the proposed mining site for purposes of reasonable inspection and site investigations under the auspices of the department. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2013, c. 405, Pt. C, §22 (AMD).]
38 M.R.S. § 1669 — ME Code / Title 38 / Chapter 16-B / Section 1669
38 §1669. Technical assistance to municipalities
Status: in_force

The department shall assist interested municipalities and regional associations in developing collection programs for mercury-added products. [PL 2011, c. 655, Pt. GG, §20 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1902 — ME Code / Title 38 / Chapter 21 / Section 1902
38 §1902. Limitations on state expenditures affecting the system
Status: in_force

Except as provided in section 1903 , no state funds or state financial assistance may be expended for development activities within the coastal barrier resource system, including, but not limited to: [PL 1985, c. 794, Pt. A, §11 (NEW).]

1. Structures. The construction or purchase of any structure, appurtenance, facility or related infrastructure; [PL 1985, c. 794, Pt. A, §11 (NEW).]

2. Roads, airports, boat landings. The construction of any road, airport, boat-landing facility or other facility on or bridge or causeway to, any coastal barrier; and [PL 1985, c. 794, Pt. A, §11 (NEW).]

3. Erosion. The carrying out of any project to prevent the erosion of, or to otherwise stabilize, any inlet, shoreline or inshore area. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 2201-B — ME Code / Title 38 / Chapter 24 / Section 2201-B
38 §2201-B. Maine Solid Waste Diversion Grant Program
Status: in_force

1. Establishment. The Maine Solid Waste Diversion Grant Program, referred to in this section as "the program," is established to provide grants to public and private entities to assist in the development, implementation or improvement of programs, projects, initiatives or activities designed to increase the diversion of solid waste from disposal in the State. [PL 2015, c. 461, §7 (NEW).]

2. Administration. The department shall administer the program and may dispense revenue from the Maine Solid Waste Management Fund established under section 2201 for the purposes of the program based on approved grant requests from public and private applicants. The department may provide grants for the documented costs of application proposals in accordance with the priorities in subsection 5 . Costs incurred by the department in the development and administration of the program may be paid with revenue in the Maine Solid Waste Management Fund in a manner consistent with section 2201 . [PL 2015, c. 461, §7 (NEW).]

3. Audit. Revenue from the Maine Solid Waste Management Fund established under section 2201 disbursed by the program is subject to audit as determined by the department, and the recipient of any such funding must agree to be subject to audit and to cooperate with the auditor as a condition of receiving funding. [PL 2015, c. 461, §7 (NEW).]

4. Eligibility criteria. The department may disburse grants under the program to any public or private entity demonstrating that a proposed program, project, initiative or activity is, in the department's determination, likely to increase the diversion of solid waste from disposal within a particular community, municipality or region or the State, including, but not limited to, municipal or regional composting, organics recovery or recycling programs, including the establishment of such programs or the purchase of infrastructure, equipment or other items necessary to implement such programs or improve existing programs; programs designed to provide equipment for or otherwise support residential composting and recycling; programs or business models designed to collect, transport for processing or process organic or recyclable materials; pilot programs designed to evaluate the feasibility of targeted composting, organics recovery, recycling or other waste management programs or initiatives; initiatives or programs designed to educate certain categories of individuals or the general public about composting, organics recovery or recycling or to otherwise improve individual or community waste management practices; and programs, projects, initiatives or activities relating to the collection and transportation of waste that is diverted from disposal. Grants disbursed by the department under the program to public and regional entities may cover necessary costs incidental to or associated with the implementation of a proposed program, project, initiative or activity, including, but not limited to, the hiring of or contracting with consultants or specialists, the conducting of feasibility studies and the promotion of collaborative regional efforts relating to the collection and transportation of solid waste. [PL 2025, c. 322, §1 (AMD).]

5. Priorities. The department shall give highest priority in the awarding of funds under this section to programs, projects, initiatives or activities proposed by municipal or regional association applicants that otherwise meet the department's eligibility criteria. The department shall also give priority to applicants proposing programs, projects, initiatives or activities that are likely to increase the removal and recycling of organic materials from municipal waste streams. The awarding of funds under this section must be consistent with the solid waste management hierarchy established under section 2101 and the food recovery hierarchy established under section 2101‑B and must be prioritized to provide the most benefit to the State in terms of increasing the diversion of solid waste from disposal. [PL 2015, c. 461, §7 (NEW).]

6. Conditions of approval. The department may require, as a condition of grant approval, that an applicant demonstrate its ability to provide in-kind contributions relating to the grant applied for or to provide a certain level of matching funding to supplement the grant applied for. [PL 2015, c. 461, §7 (NEW).]

7. Rules. The department 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 . [PL 2015, c. 461, §7 (NEW).]
38 M.R.S. § 1202 — ME Code / Title 38 / Chapter 11 / Section 1202
38 §1202. Rates
Status: in_force

All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any district formed under this chapter the rates, tolls, rents, entrance charges and other lawful charges established by the trustees for the sewer or drainage service used or available with respect to their real estate, which rates shall include rates for such district's readiness to serve charged against owners of real estate, abutting on or accessible to, sewers or drains of the district, but not actually connected thereto, whether or not such real estate is improved. In this subchapter, the words "other lawful charges" or "other charges" shall include, but not be limited to, interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. [PL 1977, c. 696, §348 (AMD).]

Rates, tolls, rents and entrance charges shall be uniform within such district, whenever the cost to the district of installation and maintenance of sewers or their appurtenances and the cost of service is substantially uniform; but nothing shall preclude the district, from establishing a higher rate, toll, rent or entrance charge than the regular rates, tolls, rents and entrance charges in sections where, for any reason, the cost to the district of construction and maintenance, or the cost of service, exceeds the average, but such higher rates, tolls, rents and entrance charges shall be uniform throughout the sections where they apply. [PL 1975, c. 461, §3 (AMD).]

Prior to the adoption of a new rate schedule, the trustees shall hold a public hearing regarding the proposed rate schedule. The trustees shall publish the proposed rates and notice of the hearing not less than once in a newspaper having a general circulation in the district not less than 7 days prior to the hearing. The district shall mail to each ratepayer a notice of the public hearing and the proposed new rate at least 14 days prior to the hearing. [PL 1981, c. 466, §12 (NEW).]

Notwithstanding any other provision of law, districts which share, supply or contract for services with another district shall establish rates, tolls, rents and entrance charges mutually agreeable to the trustees of each participating district. [PL 1975, c. 461, §3-A (NEW).]

The sewer rates, tolls, rents, entrance charges, assessments and other lawful charges established by the board of trustees in accordance with this chapter shall be so fixed and adjusted in respect of the aggregate thereof so as to produce revenue at least sufficient, together with any other moneys available therefor, to: [PL 1979, c. 696, §2 (RPR).]

1. Current operating expenses. Pay the current expenses of operating and maintaining the sewerage, drainage and treatment system of the district; [PL 1979, c. 696, §3 (RPR).]

2. Payment of interest and principal. Pay the principal of, premium, if any, and interest on all bonds and notes issued by the district under this chapter as the same become due and payable; [PL 1979, c. 696, §3 (RPR).]

3. Sinking fund for retirement of obligations. Create and maintain such reserves as may be required by any trust agreement or resolution securing bonds and notes; [PL 1979, c. 696, §3 (RPR).]

4. Repairs, replacements and renewals. Provide funds for paying the cost of all necessary repairs, replacements and renewals of the sewerage, drainage and treatment systems of the district; and [PL 1979, c. 696, §3 (RPR).]

5. Payment of obligations. Pay or provide for any and all amounts which the district may be obligated to pay or provide for by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes. [PL 1979, c. 696, §4 (NEW).]

In the case of a sanitary district encompassing unorganized territory, such rates, tolls, rents, entrance charges and other lawful charges as may be applicable to real estate in such unorganized territory shall be charged against the party in possession thereof. [PL 1967, c. 524, §9 (NEW).]
38 M.R.S. § 1021 — ME Code / Title 38 / Chapter 9 / Section 1021
38 §1021. Definitions
Status: in_force

The words "fish weir" mentioned in this chapter are defined to be a fixed structure erected and maintained during part of each fishing season in the tidewater, constructed of at least 25 spiling or stakes fastened together by binders, surrounded by brush, lath racks or netting, forming the catch pound into which fish are led or guided by one or more fixed leaders constructed of spiling or stakes not more than 20 feet apart and at least 100 feet long, fastened together by binders surrounded by lath racks, brush or netting and from which catch pound they cannot readily escape.
38 M.R.S. § 636 — ME Code / Title 38 / Chapter 5 / Section 636
38 §636. Approval criteria
Status: in_force

The department shall approve a project when it finds that the applicant has demonstrated that the following criteria have been met. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §187 (AMD).]

1. Financial capability. The applicant has the financial capability and technical ability to undertake the project. In the event that the applicant is unable to demonstrate financial capability, the department may grant the permit contingent upon the applicant's demonstration of financial capability prior to commencement of the activities permitted. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §188 (AMD).]

2. Safety. The applicant has made adequate provisions for protection of public safety. [PL 1983, c. 458, §18 (NEW).]

3. Public benefits. The project will result in significant economic benefits to the public, including, but not limited to, creation of employment opportunities for workers of the State. [PL 1983, c. 458, §18 (NEW).]

4. Traffic movement. The applicant has made adequate provisions for traffic movement of all types out of or into the development area. [PL 1983, c. 458, §18 (NEW).]

5. Maine Land Use Planning Commission. Within the jurisdiction of the Maine Land Use Planning Commission, the project is consistent with zoning adopted by the commission. This criterion does not apply to any project that uses tidal or wave action as a source of electrical or mechanical power. [PL 2009, c. 615, Pt. F, §4 (AMD); PL 2011, c. 682, §38 (REV).]

6. Environmental mitigation. The applicant has made reasonable provisions to realize the environmental benefits of the project, if any, and to mitigate its adverse environmental impacts. [PL 1983, c. 458, §18 (NEW).]

7. Environmental and energy considerations. The advantages of the project are greater than the direct and cumulative adverse impacts over the life of the project based upon the following considerations: A. Whether the project will result in significant benefit or harm to soil stability, coastal and inland wetlands or the natural environment of any surface waters and their shorelands; [PL 1989, c. 309, §5 (AMD).] B. Whether the project will result in significant benefit or harm to fish and wildlife resources. In making its determination, the department shall consider other existing uses of the watershed and fisheries management plans adopted by the Department of Inland Fisheries and Wildlife and the Department of Marine Resources; [PL 2009, c. 561, §39 (AMD).] C. Whether the project will result in significant benefit or harm to historic and archeological resources; [PL 1983, c. 458, §18 (NEW).] D. Whether the project will result in significant benefit or harm to the public rights of access to and use of the surface waters of the State for navigation, fishing, fowling, recreation and other lawful public uses; [PL 1983, c. 458, §18 (NEW).] E. Whether the project will result in significant flood control benefits or flood hazards; and [PL 1989, c. 309, §6 (AMD).] F. Whether the project will result in significant hydroelectric energy benefits, including the increase in generating capacity and annual energy output resulting from the project, and the amount of nonrenewable fuels it would replace. [PL 1989, c. 309, §6 (AMD).] G. [PL 1989, c. 309, §7 (RP).] The department shall make a written finding of fact with respect to the nature and magnitude of the impact of the project on each of the considerations under this subsection, and a written explanation of their use of these findings in reaching their decision. [PL 2009, c. 561, §39 (AMD).]

8. Water quality. There is reasonable assurance that the project will not violate applicable state water quality standards, including the provisions of section 464, subsection 4, paragraph F , as required for water quality certification under the United States Water Pollution Control Act, Section 401. This finding is required for both the proposed impoundment and any affected classified water bodies downstream of the proposed impoundment. A. Notwithstanding section 464, subsection 2 , the department shall reclassify the waters of the proposed impoundment to Class GPA if the department finds: (1) There is a reasonable likelihood that the proposed impoundment will thermally stratify; (2) The proposed impoundment will exceed 30 acres in surface area; (3) The proposed impoundment will not have any upstream direct discharges except cooling water; and (4) The proposed impoundment will not violate section 464, subsection 4, paragraph F . [PL 1989, c. 309, §8 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §190 (AMD).] [PL 1989, c. 309, §8 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §190 (AMD).]
38 M.R.S. § 2172 — ME Code / Title 38 / Chapter 24 / Section 2172
38 §2172. Dispute resolution
Status: in_force

In the event that the bureau and a host community cannot agree on the terms of a host community agreement pursuant to section 2170‑A , the parties shall submit the dispute for resolution in accordance with this section. [PL 2011, c. 655, Pt. GG, §52 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Mediation. The parties shall submit the dispute for mediation. The commissioner shall present to the parties a list of 5 experienced and qualified mediators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the mediator assigned to mediate the dispute. In assembling the list of proposed mediators, the commissioner may consider the panel of mediators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18‑B . [PL 2007, c. 406, §4 (NEW).]

2. Arbitration. If mediation fails to result in an agreement between the parties, the parties shall submit the dispute for arbitration. The commissioner shall present to the parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the arbitrator assigned to determine the dispute. In assembling the list of proposed arbitrators, the commissioner may consider the panels of arbitrators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18‑B or by the American Arbitration Association or its successor organization. A. Both the bureau and the host community will be bound by the decision of the arbitrator. [PL 2011, c. 655, Pt. GG, §53 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] B. Unless otherwise provided for in this subsection, the arbitration must be conducted in accordance with the rules of the American Arbitration Association or its successor organization for the conduct of commercial arbitration proceedings. [PL 2007, c. 406, §4 (NEW).] C. Costs associated with the arbitration must be shared equally between the parties. [PL 2007, c. 406, §4 (NEW).] D. The arbitrator shall submit the decision to the commissioner. [PL 2007, c. 406, §4 (NEW).] E. Either party may appeal the decision of the arbitrator to the Superior Court. [PL 2007, c. 406, §4 (NEW).] [PL 2011, c. 655, Pt. GG, §53 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 955 — ME Code / Title 38 / Chapter 6 / Section 955
38 §955. Acquisition of property interests
Status: in_force

The commission may acquire conservation easements or other interest in real estate in the name of the State by gift, purchase, grant, bequest, devise or lease for any of its purposes and may convey administration thereof to any appropriate agency. [PL 1979, c. 459, §1 (NEW).]

A conservation easement under this section may be a development right, covenant or other contractual right, including a conveyance with conditions or with limitations or reversions, as may be desirable to conserve and properly utilize open spaces and other land and water areas in the corridor. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 2132 — ME Code / Title 38 / Chapter 24 / Section 2132
38 §2132. State goals
Status: in_force

1. State recycling goal. It is the goal of the State to recycle or compost, by January 1, 2021, 50% of the municipal solid waste tonnage generated each year within the State. [PL 2015, c. 461, §2 (AMD).]

1-A. State waste reduction goal. [PL 2015, c. 461, §3 (RP).]

1-B. State waste disposal reduction goal. It is the goal of the State to reduce the statewide per capita disposal rate of municipal solid waste tonnage to 0.55 tons disposed per capita by January 1, 2019 and to further reduce the statewide per capita disposal rate by an additional 5% every 5 years thereafter. The baseline for calculating this reduction is the 2014 solid waste generation and disposal capacity data gathered by the department. Methods to achieve the goal under this subsection include efforts to consume or encourage the consumption of fewer resources, to reduce or encourage the reduction of the waste or inefficient use of resources and to increase the reuse or repurposing of solid waste. [PL 2025, c. 419, §3 (AMD).]

2. Goal revision. The department shall recommend revisions, if appropriate, to the state recycling goal and waste disposal reduction goal established in this section. The department shall submit its recommendations and any implementing legislation to the joint standing committee of the Legislature having jurisdiction over natural resource matters. [PL 2015, c. 461, §5 (AMD).]

3. Beneficial use of waste. The use of waste paper, waste plastics, waste wood, including wood from demolition debris, used motor vehicle tires or corrugated cardboard as a fuel in industrial boilers or waste-to-energy facilities for the generation of heat, steam or electricity constitutes recycling only for the purposes of determining whether the goals in subsection 1 are met and for determining municipal progress as provided in section 2133 . In order for the use of waste under this subsection to constitute recycling, the department must determine that there is no reasonably available market in the State for recycling that waste and the wastes must be incinerated as a substitute for, or supplement to, fossil or biomass fuels incinerated in the industrial boiler or waste-to-energy facility. [PL 2011, c. 655, Pt. GG, §32 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Reduction in dioxin. It is the policy of the State to reduce the total release of dioxin and mercury to the environment with the goal of its continued minimization and, where feasible, ultimate elimination. [PL 2001, c. 277, §3 (NEW).]
38 M.R.S. § 1702 — ME Code / Title 38 / Chapter 17 / Section 1702
38 §1702. Declaration of policy
Status: in_force

1. Policy. It is the policy of the State to encourage the development of refuse disposal districts consisting of: A. A municipality; or [PL 1983, c. 820, §2 (NEW).] B. Two or more municipalities, so that those districts may economically construct and operate refuse disposal systems to assist in the abatement of pollution and to enhance the public health, safety and welfare of the citizens of the State. For purposes of this chapter, a village corporation created by a private and special Act of the Legislature shall be considered a municipality, except that this Act shall not be construed as granting authority to any village corporation to enact ordinances. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]

2. Formation of district. A refuse disposal district may be formed where: A. There is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collection, transporting and disposing of domestic, commercial and industrial solid wastes within the proposed district; [PL 1983, c. 820, §2 (NEW).] B. These purposes can be effectively accomplished therein on an equitable basis by a refuse disposal district if created; and [PL 1983, c. 820, §2 (NEW).] C. The creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]

3. Furtherance of Maine Hazardous Waste, Septage and Solid Waste Management Act. It is the policy of the State to encourage the development of refuse disposal districts that further the policy of the Maine Hazardous Waste, Septage and Solid Waste Management Act as it pertains to nonhazardous solid waste programs. [RR 1993, c. 1, §134 (COR).]
38 M.R.S. § 1661-B — ME Code / Title 38 / Chapter 16-B / Section 1661-B
38 §1661-B. Disclosure for mercury-containing products used in hospitals
Status: in_force

Effective January 1, 2002, the manufacturer of a formulated product that contains mercury or a mercury compound from any source or cause, whether intended or unintended, and that is offered for sale or use to a hospital in the State must provide, upon request of the hospital, a certificate of analysis documenting the mercury content of the product unless the concentration is less than 200 parts per 1,000,000,000,000. The certificate must be based on representative samples of the product as determined in consultation with the hospital and, at a minimum, an annual analysis of the product. The hospital shall provide a copy of the certificate to the department upon request. For the purpose of this section, a "formulated product" means a consistent mixture of chemicals, including, but not limited to, acids, alkalis, laboratory chemicals, bleach and other products used for cleaning or disinfection, pharmaceuticals, stains, reagents, preservatives, fixatives, buffers and dyes. [PL 2001, c. 373, §3 (NEW).]

The requirements of this section do not apply to drugs approved by the United States Food and Drug Administration. [PL 2001, c. 373, §3 (NEW).]
38 M.R.S. § 490-QQ — ME Code / Title 38 / Chapter 3 / Section 490-QQ
38 §490-QQ. Performance, operation and reclamation standards
Status: in_force

1. Performance standards. Standards adopted by the department through rulemaking must be performance-based to the extent feasible, and the department may require that the applicant implement control devices or measures necessary to achieve the performance standards. If the rules include standards that are not performance-based, the rules may allow a permittee to propose an alternative means of compliance that achieves equivalent environmental performance. The department is not required to approve the proposed alternative means of compliance. If the applicant proposes a control device or measure, it must demonstrate that there is reasonable assurance that the device or measure will achieve the performance standard. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Suspension of mining operations. If mining operations are suspended for a continuous period exceeding 90 days, the permittee shall provide notice to the department and take actions, consistent with its environmental protection, reclamation and closure plan, to maintain, monitor and secure the mining area and shall conduct any interim sloping or stabilizing of surfaces necessary to protect the environment, natural resources and public health and safety in accordance with the mining permit. If mining operations are suspended for a continuous period exceeding 365 days, the permittee is considered to have ceased mining operations and all requirements applicable to closure take effect unless the department agrees in writing to delay the implementation of the closure plan based on a written submission by the permittee that demonstrates that the mining operations are expected to recommence within a reasonable period of time as determined by the department. The department may require partial closure of mining operations. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3. Water quality monitoring. Through rulemaking the department shall establish standards for monitoring groundwater as close as practicable to any mining area that may pose a threat to groundwater. A permittee shall conduct groundwater and surface water monitoring in accordance with the provisions of a mining permit during mining operations, during suspension of mining operations, during closure and during the post-closure monitoring period. The post-closure monitoring period must be at least 30 years following cessation of mining, subject to the following conditions. A. The permittee shall provide to the department a written request to terminate post-closure monitoring not less than 18 months before the proposed termination date and shall provide the department with technical data and information demonstrating the basis for the termination of the post-closure monitoring. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. The department may shorten the post-closure monitoring period at any time upon determining that there is no significant potential for water contamination resulting from the mining operation. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. The department shall extend the post-closure monitoring period in increments of up to 20 years unless the department determines, approximately one year before the end of a post-closure monitoring period or post-closure incremental monitoring period, that there is no significant potential for surface water or groundwater contamination resulting from the mining operation. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Reclamation. The following reclamation requirements apply. A. Except as provided in paragraph B , a permittee shall commence and complete final reclamation of a mining area and, if necessary, any affected area consistent with mining permit conditions and the environmental protection, reclamation and closure plan approved by the department. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Upon written request of a permittee, the department may approve an extension of time to begin or complete final reclamation. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. Both the mining area and the affected area must be reclaimed with the goal that the affected area be returned to the ecological conditions that approximate pre-mining conditions to the extent feasible and practicable and considering any changes caused by non-mining activities or other natural events. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. Following closure and reclamation, the landowner or lessee of a mining area in an unorganized territory shall petition the Maine Land Use Planning Commission for rezoning to an appropriate subdistrict designation. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF); PL 2011, c. 682, §38 (REV).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF); PL 2011, c. 682, §38 (REV).]

5. Inspection and maintenance. A permittee shall fully comply with all inspection, maintenance and monitoring requirements contained in a mining permit. After closure, mining areas and affected areas must be inspected at least twice per year. All waste piles and impoundments or any other pile or storage facility must be inspected by a licensed civil engineer with expertise in structural stability of waste piles and impoundments. The engineer shall either certify that the mining area and affected area are in good condition and not susceptible to failure due to significant weather, seismic or other events or identify the corrective measures that must be undertaken by the permittee. The inspections must document that all permit requirements, including storm water control, sediment and erosion control, dust migration, access controls, land use restrictions, waste pile or impoundment stabilization measures and treatment systems are fully compliant with the mining permit conditions and that there are no known conditions that could present an unreasonable threat to public health and safety or the environment. A permittee shall notify the department of any recommended corrective measures as soon as practicable after the inspection. A permittee shall submit an inspection report to the department within 21 days after the inspection. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 85 — ME Code / Title 38 / Chapter 1 / Section 85
38 §85. Declaration of policy
Status: in_force

It is declared to be the policy and intent of the Legislature and the purpose of this subchapter to provide for a system of state pilotage in order to provide maximum safety from the dangers of navigation for vessels entering or leaving the waters described in this subchapter, to maintain a state pilotage system devoted to the preservation and protection of lives, property, the environment and vessels entering or leaving these waters at the highest standard of efficiency and to insure the availability of pilots well qualified for the discharge of their duties in aid of commerce and navigation. [PL 1999, c. 355, §2 (AMD).]
38 M.R.S. § 1609-A — ME Code / Title 38 / Chapter 16 / Section 1609-A
38 §1609-A. Residential upholstered furniture
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Flame-retardant chemical" means a chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. "Flame-retardant chemical" includes, but is not limited to, halogenated, phosphorus-based, nitrogen-based and nanoscale flame retardants and any chemical or chemical compound for which "flame retardant" appears on the substance safety data sheet required under 29 Code of Federal Regulations, Section 1910.1200(g) (2015). [PL 2017, c. 311, §1 (NEW).] B. "Upholstered furniture" means residential furniture intended for indoor use in a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or related materials. [PL 2017, c. 311, §1 (NEW).] [PL 2017, c. 311, §1 (NEW).]

2. Sales prohibition. Except as otherwise provided in section 1609, subsection 4 , beginning January 1, 2019, a person may not sell or offer to sell or distribute for promotional purposes upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture that includes flame-retardant chemicals. [PL 2017, c. 311, §1 (NEW).]

3. Exemptions. The restrictions in subsection 2 do not apply to the following upholstered furniture products containing flame-retardant chemicals: A. Used upholstered furniture; [PL 2017, c. 311, §1 (NEW).] B. Upholstered furniture purchased for public use in public facilities, including, but not limited to, schools, jails and hospitals, that is required by the State of California to meet the flammability standard in California Department of Consumer Affairs, Bureau of Home Furnishings and Thermal Insulation Technical Bulletin 133, "Flammability Test Procedure for Seating Furniture for Use in Public Occupancies," dated January 1991; [PL 2021, c. 221, §1 (AMD).] C. New upholstered furniture otherwise subject to the prohibition in subsection 2 that is sold, offered for sale or distributed for promotional purposes in the State by a retailer or wholesaler on or after January 1, 2019 and that was imported into the State or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the State prior to January 1, 2019; and [PL 2021, c. 221, §2 (AMD).] D. Electronic components and associated electronic component casings of upholstered furniture that is subject to the prohibition in subsection 2 . [PL 2021, c. 221, §3 (NEW).] [PL 2021, c. 221, §§1-3 (AMD).]

3-A. Retailer indemnification. If upholstered furniture delivered to a retailer in the State by the manufacturer of the upholstered furniture is subsequently determined to contain flame-retardant chemicals such that it is prohibited from sale or distribution in the State under subsection 2 , the retailer is entitled to a full refund from the manufacturer with respect to that upholstered furniture, including shipping and other related costs. [PL 2021, c. 221, §4 (NEW).]

4. Rulemaking. The department shall 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 . [PL 2017, c. 311, §1 (NEW).]
38 M.R.S. § 1310-E-2 — ME Code / Title 38 / Chapter 13 / Section 1310-E-2
38 §1310-E-2. Investigation and remediation of landfills
Status: in_force

1. Investigation. The commissioner may investigate a solid waste landfill, including an abandoned landfill, when there is a reasonable basis to believe that an unauthorized discharge has occurred or may be occurring. The commissioner shall consult with and involve the affected municipality or municipalities in the conduct of the investigation and evaluation of the results of the investigation. [PL 2001, c. 315, §2 (NEW).]

2. Remediation recommendations. When, after investigation, the commissioner has sufficient knowledge that a solid waste landfill poses a hazard to public health or the environment, the commissioner may undertake additional evaluations to develop a recommended plan for remediation of the hazard. Remediation recommendations must ensure a level or standard of control of pollutants in surface waters at least as stringent as the water quality criteria established under chapter 3, subchapter I, article 4‑A . Those recommendations must also seek to achieve a level or standard of control of pollutants in groundwater at least as stringent as the water quality criteria established under sections 465‑C and 470 , unless the commissioner finds that meeting those standards is technically and economically infeasible and that other measures may be implemented to ensure protection of public health and safety. [PL 2001, c. 315, §2 (NEW).]

3. Remediation orders. The commissioner may take measures necessary to effect a recommended plan for remediation or may incorporate the plan recommendations into a remediation order. The order must include the time schedule for implementation as required under section 1310‑G . The person or municipality owning or operating the landfill is the party responsible for the implementation of the order. Any person aggrieved by the order may appeal the order as provided in section 341‑D, subsection 4 . [PL 2001, c. 315, §2 (NEW).]
38 M.R.S. § 1310 — ME Code / Title 38 / Chapter 13 / Section 1310
38 §1310. Emergency
Status: in_force

If the commissioner finds, after investigation, that any waste, whether or not hazardous waste, is being handled, transported or otherwise dealt with in a manner that may create a danger to public health or safety, the commissioner may order any person handling, transporting or otherwise dealing with the waste to immediately cease or prevent that activity and to take such action as may be necessary to terminate or mitigate the danger or likelihood of danger. The commissioner may also order any person contributing to the danger or likelihood of danger to cease or prevent that contribution. [RR 2021, c. 2, Pt. B, §284 (COR).]

Any order issued under this section shall contain findings of fact describing, insofar as possible, the waste, the site of the activity and the danger to the public health or safety. [PL 1979, c. 699, §16 (RPR).]

Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §29 (AMD).]

The person to whom the order is directed shall comply immediately. An order may not be appealed to the Superior Court, but a person to whom it is directed may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by the person to whom the order was directed. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2005, c. 330, §30 (AMD).]
38 M.R.S. § 1291 — ME Code / Title 38 / Chapter 12-B / Section 1291
38 §1291. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 375, §14 (NEW).]

1. Abatement. "Abatement" means any measure or set of measures designed to permanently eliminate lead-based paint hazards. "Abatement" includes, but is not limited to: A. The removal of lead-based paint and lead-contaminated dust, the permanent enclosure or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures and the removal or covering of lead-contaminated soil; and [PL 1997, c. 375, §14 (NEW).] B. All preparation, cleanup and post-abatement clearance testing activities associated with such measures. [PL 1997, c. 375, §14 (NEW).] "Abatement" does not include renovation and remodeling as defined in subsection 26 . For the purpose of this subsection, "permanently" means for at least 20 years. [PL 1997, c. 375, §14 (NEW).]

2. Accredited training program. "Accredited training program" means a training program that has been accredited by the State pursuant to rules adopted in accordance with this chapter. [PL 1997, c. 375, §14 (NEW).]

3. Business entity. "Business entity" means a partnership, firm, association, corporation, sole proprietorship or other business concern. [PL 1997, c. 375, §14 (NEW).]

4. Certificate. "Certificate" means a document issued to an individual by the commissioner affirming that the individual has successfully completed the training and other requirements set forth in this chapter to qualify as a lead professional. [PL 1997, c. 375, §14 (NEW).]

5. Commercial building. "Commercial building" means any building used primarily for commercial or industrial activity that is generally not open to the public or occupied or visited by children, including, but not limited to, warehouses, factories, storage facilities, aircraft hangars, garages and wholesale distribution facilities. [PL 1997, c. 375, §14 (NEW).]

6. Commissioner. "Commissioner" means the Commissioner of Environmental Protection. [PL 1997, c. 375, §14 (NEW).]

7. Department. "Department" means the Department of Environmental Protection. [PL 1997, c. 375, §14 (NEW).]

8. Design consultant. "Design consultant" means an individual engaged in preparing and supervising the implementation of plans for the removal or abatement of lead-based paint. These activities include, but are not limited to, design, inspection or monitoring of lead abatement activities; and advising building owners, contractors and project supervisors regarding lead abatement activities. [PL 1997, c. 375, §14 (NEW).]

9. Employee. "Employee" means an individual who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment. [PL 1997, c. 375, §14 (NEW).]

10. In-house lead abatement unit. "In-house lead abatement unit" means the unit of a business or public entity that engages in or intends to engage in lead abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more lead abatement supervisors for lead abatement activities. [PL 1997, c. 375, §14 (NEW).]

11. Inspection. [PL 1997, c. 624, §9 (RP).]

12. Interim controls. "Interim controls" means a set of measures designed to temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards and the establishment and operation of management and resident education programs. [PL 1997, c. 375, §14 (NEW).]

13. Lead abatement contractor. "Lead abatement contractor" means a business entity that engages in or intends to engage in lead abatement activities as a business service and that employs or involves one or more project supervisors for lead abatement activities. [PL 1997, c. 375, §14 (NEW).]

14. Lead abatement professional. "Lead abatement professional" means an individual certified by the commissioner to engage in lead-based paint activities, including, but not limited to, a lead abatement worker, a lead abatement project supervisor, a lead inspector, a lead abatement design consultant and a lead risk assessor. [PL 1997, c. 375, §14 (NEW).]

15. Lead abatement worker. "Lead abatement worker" means an individual engaging in any lead abatement activity for any employer. [PL 1997, c. 375, §14 (NEW).]

16. Lead-based paint. "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of 1.0 milligrams per square centimeter or more than 0.5% by weight. [PL 1997, c. 375, §14 (NEW).]

17. Lead-based paint activities. "Lead-based paint activities" means inspection, risk assessment, lead abatement design, lead abatement and services related to lead-based paint such as lead screening, lead determination and deleading. [PL 1997, c. 624, §10 (AMD).]

17-A. Lead determination. "Lead determination" means an inspection of a limited portion of a building for the purpose of identifying the presence of lead-based paint. [PL 1997, c. 624, §11 (NEW).]

17-B. Lead hazard. "Lead hazard" means any condition that may cause exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated water or lead-based paint that is in poor condition. [PL 1997, c. 624, §11 (NEW).]

17-C. Lead inspection. "Lead inspection" means a surface-by-surface assessment to determine the presence of lead-based paint. [PL 1999, c. 334, §9 (AMD).]

18. Lead inspector. "Lead inspector" means an individual who conducts lead inspections and lead determinations. [PL 1997, c. 624, §12 (AMD).]

19. Lead-poisoned. "Lead-poisoned" means having a confirmed elevated level of blood lead that is injurious, as defined in rules adopted by the Department of Health and Human Services. [PL 1997, c. 375, §14 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

19-A. Lead-safe. [PL 2023, c. 147, §3 (RP).]

20. License. "License" means a document issued by the commissioner to a business entity or public entity, including, but not limited to, a lead abatement contractor, an in-house lead abatement unit or a lead training provider, affirming that the entity has met the requirements set forth in this chapter to engage in lead-based paint activities. [PL 1997, c. 375, §14 (NEW).]

21. Owner or operator. "Owner" or "operator" means a person who owns, leases, operates, controls or supervises a lead abatement activity within a building, structure or facility. [PL 1997, c. 375, §14 (NEW).]

22. Person. "Person" means any individual, business entity, governmental body or other public or private entity. [PL 1997, c. 375, §14 (NEW).]

23. Project supervisor. "Project supervisor" means an individual with responsibility for the supervision of lead abatement activities. "Project supervisor" includes, but is not limited to, an abatement project supervisor employed by a contractor or by an in-house lead abatement unit. [PL 1997, c. 375, §14 (NEW).]

23-A. Property owner. [PL 2023, c. 147, §4 (RP).]

24. Public building. "Public building" means any building constructed before 1978, except residences and child care facilities, that is generally open to the public or occupied or visited by children, including, but not limited to, schools, day care centers, museums, airport terminals, hospitals, stores, restaurants, office buildings, convention centers and government buildings. [PL 1997, c. 375, §14 (NEW).]

25. Public entity. "Public entity" means the State, any of its political subdivisions or any agency or instrumentality of either. [PL 1997, c. 375, §14 (NEW).]

26. Renovation and remodeling. "Renovation and remodeling" means the replacement or reconstruction of any part of a residence in which the primary intent is to repair, restore or remodel a given structure, which may incidentally result in the reduction of lead-based paint hazards. [PL 1997, c. 375, §14 (NEW).]

26-A. Residential dwelling. "Residential dwelling" means a room or group of rooms that form a single independent habitable unit for occupation by one or more individuals that has facilities with permanent provisions for living, sleeping, eating, cooking and sanitation, including common areas and appurtenant structures. "Residential dwelling" does not include: A. [PL 2023, c. 28, §1 (RP).] B. A zero-bedroom dwelling unit where the living area is not separated from the sleeping area, such as a dwelling unit within a hotel, motel or seasonal or temporary lodging facility. This exemption does not apply if a child under 6 years of age resides or is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; [PL 2023, c. 28, §1 (AMD).] C. [PL 2023, c. 28, §1 (RP).] D. Housing for the elderly, or a dwelling unit designated exclusively for adults with disabilities. This exemption does not apply if a child under 6 years of age resides or is expected to reside in the dwelling unit or visit the dwelling unit on a regular basis; or [PL 2007, c. 628, Pt. B, §3 (NEW).] E. An unoccupied dwelling unit that is to be demolished because it is considered unsafe and is thus no longer habitable for occupation, as long as the dwelling unit remains unoccupied and posted as a lead hazard until demolition. [PL 2023, c. 28, §1 (AMD).] [PL 2023, c. 28, §1 (AMD).]

27. Risk assessment. "Risk assessment" means the on-site assessment to determine the existence, nature, severity and location of lead hazards and the provision of a written report explaining the results of the assessment and the options for reducing lead hazards. [PL 1997, c. 624, §13 (AMD).]

28. Risk assessor. "Risk assessor" means an individual who has been trained to conduct risk assessments as well as lead inspections. [PL 1997, c. 375, §14 (NEW).]

29. Superstructure. "Superstructure" means a large steel or other industrial structure, including, but not limited to bridges or water towers. [PL 1997, c. 375, §14 (NEW).]

30. Training manager. "Training manager" means the individual responsible for administering a training program and monitoring the performance of principal instructors and guest instructors. [PL 1997, c. 375, §14 (NEW).]

31. Training provider. "Training provider" means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. [PL 1997, c. 375, §14 (NEW).]
38 M.R.S. § 490-X — ME Code / Title 38 / Chapter 3 / Section 490-X
38 §490-X. Applicability
Status: in_force

This article applies to any quarry, including reclaimed and unreclaimed areas, if the quarry is more than one acre in size, the total excavated area including adjacent parcels under a common owner or operator is more than one acre in size or underground production blasting is proposed. [PL 2007, c. 297, §8 (AMD).]

This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission. [PL 1995, c. 700, §35 (NEW); PL 2011, c. 682, §38 (REV).]

This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article. [PL 1995, c. 700, §35 (NEW).]

A person with a valid permit for a quarry under article 6 must operate that quarry in compliance with the terms and conditions of that permit. Any modification of the permit must be in conformance with section 484 . A person with a permit under article 6 may file a notice of intent to comply with this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §35 (NEW).]

Notwithstanding any provision of this article to the contrary, a person exempt from the requirements of this article that is operating a quarry one acre in size or less; that is operating a quarry that has a total excavated area, including adjacent parcels under a common owner or operator, that is one acre in size or less; or that is operating a quarry and conducting an excavation or grading preliminary to a construction project shall comply with the blasting notification requirements under section 490‑Z, subsection 14, paragraph O if the person intends to conduct blasting at that quarry or as part of that excavation or grading. [PL 2025, c. 91, §1 (NEW).]
38 M.R.S. § 1316-A — ME Code / Title 38 / Chapter 13 / Section 1316-A
38 §1316-A. Investigation and enforcement
Status: in_force

If the commissioner finds upon investigation that an area or location where used motor vehicle tires are or were handled, stored or disposed of is not licensed or is in violation of the solid waste management rules relating to tires and presents a significant fire hazard or a threat to public health or safety or to the environment, the commissioner may designate that location as an uncontrolled tire stockpile and may issue an administrative order directing the responsible party or parties to mitigate or eliminate the threatening or hazardous conditions posed by the uncontrolled tire stockpile. [PL 1995, c. 579, §2 (NEW).]

An administrative order issued under this section must contain findings of fact describing, insofar as possible, and with reasonable specificity, the site of the activity and the danger to public health or safety or to the environment. [PL 1995, c. 579, §2 (NEW).]

Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §31 (AMD).]

The person to whom the order is directed shall comply immediately. That person may apply to the board for a hearing within 10 working days after receipt of the order. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn, and the department shall first establish the basis for the administrative order and for naming the person to whom the administrative order was directed. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2005, c. 330, §31 (AMD).]

The Office of the State Fire Marshal may employ its enforcement powers as authorized in Title 25, section 2396 to require a responsible party or parties to take any action necessary to protect public health and safety from substantial and immediate fire danger posed by an uncontrolled tire stockpile. [PL 1995, c. 314, §2 (NEW).]
38 M.R.S. § 1310-B — ME Code / Title 38 / Chapter 13 / Section 1310-B
38 §1310-B. Confidential information
Status: in_force

1. Public records. Except as provided in subsections 2 and 3 , information obtained by the department under this chapter is a public record as provided by Title 1, chapter 13, subchapter I . In addition to remedies provided under Title 1, chapter 13, subchapter I , the Superior Court may assess against the department reasonable attorney fees and other litigation costs reasonably incurred by an aggrieved person who prevails in the appeal of the department's denial for a request for information under subchapter V . [PL 1989, c. 794, §3 (AMD).]

2. Hazardous waste information and information on mercury-added products and electronic devices; chemicals; recyclables. Information relating to hazardous waste submitted to the department under this subchapter, information relating to mercury-added products submitted to the department under chapter 16‑B , information relating to electronic devices submitted to the department under section 1610, subsection 6‑A , information related to priority toxic chemicals submitted to the department under chapter 27 , information related to products that contain the "deca" mixture of polybrominated diphenyl ethers submitted to the department under section 1609 or information related to reporting on reportable recyclable materials submitted to the department under section 2145 may be designated by the person submitting it as being only for the confidential use of the department, its agents and employees, the Department of Agriculture, Conservation and Forestry and the Department of Health and Human Services and their agents and employees, other agencies of State Government, as authorized by the Governor, employees of the United States Environmental Protection Agency and the Attorney General and, for waste information, employees of the municipality in which the waste is located. The designation must be clearly indicated on each page or other portion of information. The commissioner shall establish procedures to ensure that information so designated is segregated from public records of the department. The department's public records must include the indication that information so designated has been submitted to the department, giving the name of the person submitting the information and the general nature of the information. Upon a request for information, the scope of which includes information so designated, the commissioner shall notify the submittor. Within 15 days after receipt of the notice, the submittor shall demonstrate to the satisfaction of the department that the designated information should not be disclosed because the information is a trade secret or production, commercial or financial information, the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. Unless such a demonstration is made, the information must be disclosed and becomes a public record. The department may grant or deny disclosure for the whole or any part of the designated information requested and within 15 days shall give written notice of the decision to the submittor and the person requesting the designated information. A person aggrieved by a decision of the department may appeal only to the Superior Court in accordance with the provisions of section 346 . All information provided by the department to the municipality under this subsection is confidential and not a public record under Title 1, chapter 13 . In the event a request for such information is submitted to the municipality, the municipality shall submit that request to the commissioner to be processed by the department as provided in this subsection. [PL 2019, c. 291, Pt. B, §1 (AMD).]

3. Release of information. The commissioner shall not release the designated information prior to the expiration of the time allowed for the filing of an appeal or to the rendering of the decision on any appeal. [PL 1979, c. 699, §17 (NEW).]

4. License and enforcement information. Information required by the department for the purpose of obtaining a permit, license, certification or other approval may not be designated or treated as designated information under subsection 2 . [PL 1979, c. 699, §17 (NEW).]

5. Rules. The board may adopt rules to carry out the purposes of this section. The rules shall be consistent with the provisions of Title 1, chapter 13, subchapter I . [PL 1981, c. 470, Pt. A, §173 (AMD).]

6. Prohibition; penalties. A. It is unlawful to disclose designated information to any person not authorized by this section. [PL 1979, c. 699, §17 (NEW).] B. Any person who solicits, accepts or agrees to accept, or who promises, offers or gives any pecuniary benefit in return for the disclosure of designated information is guilty of a Class D crime and to the civil penalty of paragraph C . [PL 1979, c. 699, §17 (NEW).] C. Any person who knowingly discloses designated information, knowing that the person is not authorized to do so, is subject to a civil penalty of not more than $5,000. [RR 2021, c. 2, Pt. B, §285 (COR).] D. In any action under this subsection, the court shall first declare that the information is a trade secret or production, commercial or financial information, the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. [PL 1979, c. 699, §17 (NEW).] [RR 2021, c. 2, Pt. B, §285 (COR).]
38 M.R.S. § 1494 — ME Code / Title 38 / Chapter 14-A / Section 1494
38 §1494. Low-level radioactive waste compact referendum
Status: in_force

The State of Maine may not enter into any compact or agreement with any other state or states or with the Federal Government concerning the disposal or storage of low-level radioactive waste either within or without the State unless the compact or agreement has been approved by a majority of the voters voting on the compact or agreement in a statewide election. The election must be held in the manner prescribed by law for holding a statewide election and in accordance with the procedures under Title 35‑A, section 4302 . The voters shall vote on the acceptance or rejection of the compact or agreement by voting on the following question: "Do you approve of the (insert compact or agreement) to be made with (insert name of state or states or "the Federal Government") for the (insert disposal or storage) of the State's low-level radioactive waste at a proposed facility in (insert name of state or other location)?" [PL 1993, c. 400, §1 (AMD).]

This question must be submitted to the legal voters of the State at the next following statewide election after any such compact or agreement is recommended by the Governor pursuant to section 1474 or any other provision of law. [PL 1993, c. 400, §1 (AMD).]
38 M.R.S. § 1319-G — ME Code / Title 38 / Chapter 13 / Section 1319-G
38 §1319-G. Reimbursement to the fund
Status: in_force

1. Recovery. The commissioner shall seek recovery to the use of the Maine Hazardous Waste Fund of all sums expended from the fund, including overdrafts, for disbursements made from the fund under section 1319‑E, subsection 1, paragraphs A , B and C , including interest computed at 15% a year from the date of expenditure, unless the commissioner finds the amount too small or the likelihood of recovery too uncertain. Requests by the department for reimbursement to the Maine Hazardous Waste Fund, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General pursuant to Title 5, section 191 . The commissioner may file a claim with or otherwise seek money from federal agencies to recover to the use of the fund all disbursements from the fund. [PL 2007, c. 655, §15 (AMD).]

1-A. Lien. All costs incurred by the State in the removal, abatement and remediation of an unlicensed discharge or threatened discharge of hazardous waste, waste oil or biomedical waste under this subchapter and interest are a lien against the real estate of the responsible party. A certificate of lien signed by the commissioner must be sent by certified mail to the responsible party prior to being recorded and may be filed in the office of the clerk of the municipality in which the real estate is located. The lien is effective when the certificate is recorded with the registry of deeds for the county in which the real estate is located. The certificate of lien must include a description of the real estate, the amount of the lien and the name of the owner as grantor. When the amount for which a lien has been recorded under this subsection has been paid or reduced, the commissioner, upon request by any person of record holding interest in the real estate that is the subject of the lien, shall issue a certificate discharging or partially discharging the lien. The certificate must be recorded in the registry in which the lien was recorded. Any action of foreclosure of the lien must be brought by the Attorney General in the name of the State in the Superior Court for the judicial district in which the real estate subject to the lien is located. [PL 2009, c. 501, §16 (NEW).]

2. Waiver of reimbursement. Upon petition of any person who has paid into the fund, the board, after opportunity for a hearing, may waive the right to reimbursement to the fund if it finds that the incident was the result of: A. An act of war; [PL 1981, c. 478, §7 (NEW).] B. An act of government, either state, federal or municipal, except insofar as the act was pursuant to section 1319‑E ; and [PL 1981, c. 478, §7 (NEW).] C. An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference of any human agency. [PL 1981, c. 478, §7 (NEW).] [PL 1981, c. 478, §7 (NEW).]

3. Waiver of reimbursement for registered used oil collection centers. Upon petition of the owner or operator of a registered used oil collection center, the commissioner may waive the right to reimbursement to the fund of costs incurred in the removal or abatement of up to 660 gallons of hazardous waste from that collection center if the commissioner finds that: A. The registered used oil collection center is in compliance with the requirements contained in section 1319‑Y and any rules adopted pursuant to section 1319‑O, subsection 2, paragraph B ; [PL 1995, c. 573, §3 (NEW).] B. The owner or operator of the registered used oil collection center: (1) Did not mix the oil with hazardous waste; and (2) Did not knowingly accept hazardous waste or oil mixed with hazardous waste; and [PL 1995, c. 573, §3 (NEW).] C. The commissioner has not granted any previous waivers of reimbursement for costs incurred in the removal or abatement of hazardous waste from the same registered used oil collection center pursuant to this subsection during the previous 12 months. [PL 1995, c. 573, §3 (NEW).] Notwithstanding this subsection, the commissioner may not grant waivers of reimbursement to the fund pursuant to this subsection that total more than $10,000 in any one fiscal year. [PL 1995, c. 573, §3 (NEW).]
38 M.R.S. § 486-A — ME Code / Title 38 / Chapter 3 / Section 486-A
38 §486-A. Hearings; orders; construction suspended
Status: in_force

1. Hearings. If the department determines to hold a hearing on a notification submitted pursuant to section 485‑A , the department shall solicit and receive testimony to determine whether that development will in fact substantially affect the environment or pose a threat to the public's health, safety or general welfare. The department shall permit the applicant to provide evidence on the economic benefits of the proposal as well as the impact of the proposal on energy resources. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §93 (RPR).]

2. Developer; burden of proof. At the hearings held under this section, the burden is upon the person proposing the development to demonstrate affirmatively to the department that each of the criteria for approval listed in this article has been met, and that the public's health, safety and general welfare will be adequately protected. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §94 (AMD).]

2-A. Developer; route analysis; public participation. The department shall require an applicant who has submitted an application pursuant to section 485‑A related to the development and construction of a transmission line or lines requiring approval under this article to demonstrate to the department that the applicant conducted one or more public meetings regarding the transmission line or lines prior to the submission of its application. The public meetings must include the presentation of information regarding the proposed transmission line or lines, including but not limited to proposed route information, and provide an opportunity for public participation and comment. Information presented and public comments received at the public meetings must be made publicly available and be part of the record of any department or board proceeding. [PL 2025, c. 390, Pt. A, §59 (RPR).]

3. Findings of fact; order. After the department adjourns any hearing held under this section, the department shall make findings of fact and issue an order granting or denying permission to the person proposing the development to construct or operate the development, as proposed, or granting that permission upon such terms and conditions as the department considers advisable to protect and preserve the environment and the public's health, safety and general welfare. [PL 1995, c. 642, §6 (AMD).]

4. No construction pending order. Any person who has notified the commissioner, pursuant to section 485‑A , of intent to construct or operate a development shall immediately defer or suspend construction or operation of that development until the department has issued an order. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §94 (AMD).]

5. Continuing compliance; air and water pollution. Any person securing approval of the department, pursuant to this article, shall maintain the financial capacity and technical ability to meet the state air and water pollution control standards until that person has complied with those standards. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §94 (AMD).]

6. Transcripts. A complete verbatim transcript shall be made of all hearings held pursuant to this section. [PL 1987, c. 812, §§12, 18 (NEW).]

7. Minor revisions. An application for an order addressing a minor revision must be processed within a period specified by the department if the applicant meets requirements adopted by the department. [PL 1993, c. 383, §24 (NEW); PL 1993, c. 383, §42 (AFF).]