An Act To Amend Certain Laws Administered by the Department of Environmental Protection LR 2608(02)
Maine Legislature, Session 121, LD 1655
Committee Amendment CA_A_S390 (Senate)
Amends: 32 MRSA §1102-A, 32 MRSA §10003, 38 MRSA §413, 38 MRSA §568-B, 38 MRSA §1310-X, 38 MRSA §1670

COMMITTEE AMENDMENT ,A to S.P. 606, L .. D. 1655, Bill, "An 
Act To 
Amend Certain Laws 
Administered by the Department of 
Environmental Protection" 
Amend the bill by striking out the title and substituting 
the following: 
, An 
Act 
To 
Amend 
Certain 
Laws 
Relating 
to 
Environmental 
Protection' 
Further 
amend the bill by inserting after the enacting 
clause and before section 1 the following: 
'Sec. 1. 32 MRSA §1102-A, sub-§§9 and 10, as enacted by PL 
1999, c. 386, Pt. F, §8, are amended to read: 
9. 
Plumbers. 
A person licensed under chapter 49, except 
that this exemption applies only to disconnection and connection 
of electrical conductors required in the replacement of water 
pumps 
and 
water 
heaters 
of 
the 
same 
or 
smaller 
size 
in 
residential properties; e~ 
10. 
Pump installers. 
A person licensed under chapter 69-C, 
except that this exception applies only to disconnection and 
connection of electrical conductors required in the replacement 
of water 
pumps 
of the 
same 
or smaller size in residential 
properties and the installation of new water pumps and associated 
equipment of 3 horsepower or smallerT~ 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A. to S.P. 606, L.D. 1655 
Sec. 2. 32 MRSA §1102-A, sub-§ll is enacted to read: 
11. 
Wastewater 
treatment plants. 
Wastewater 
treatment 
plants, as defined in section 4171. 
and regular employees of 
wastewater treatment plants making electrical installations in or 
about wastewater treatment plants. 
Sec. 3. 32 MRSA §10003, sub-§l, as amended by PL 2001, c. 626, 
§9, is further amended to read: 
1. 
Establishment and membership. 
There is established 
within the Department of Environmental Protection, the Board of 
Underground Storage Tank Installers. 
The board consists of 7 
members 
appointed by the Governor as follows: 
one 
from the 
Department of Environmental Protection; one from ei~ReF the Maine 
Oil Dealer's Association eF-~£~~~~~~~-Asseeia~ieB; one 
underground oil storage 
tank installer; 
one 
from 
the 
Maine 
Chamber and Business Alliance or an underground oil storage tank 
inspector or a 2nd underground oil storage tank installer; one 
from the Maine Fire Chiefs Association; and 2 public members.' 
Further amend the bill by striking out all of section 2 and 
inserting in its place the following: 
'Sec. 2. 38 MRSA §413, sub-§l-B, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pte B, §28, is repealed and the 
following enacted in its place: 
l-B. 
License required for subsurface wastewater disposa1 
§Ystems. 
A license to install, operate or maintain a subsurface 
wastewater disposal system is governed as set forth in this 
subsection. 
A. 
A person 
may 
not 
install, 
operate 
or 
maintain 
a 
subsurface 
wastewater 
disposal 
system 
without 
first 
obtaining a 
license for the system from the department, 
except that a license is not required for systems designed 
and installed in conformance with the plumbing code, 
as 
adopted by the Department of Human Services under Title 22, 
section 42. 
B. 
The 
department 
may 
by 
rule 
license 
categories 
of 
subsurface discharges when the discharges will not have a 
significant adverse effect on the quality or classification 
of groundwaters of the State. 
Rules adopted pursuant to 
this paragraph are routine technical rules as defined in 
Title 5, chaJ?ter 375, subchapter 2-A unless the rules are 
incorporated as amendments to existing rules that are major 
COMMITTEE AMENDMENT 
.... 
COMMITTEE AMENDMENT "p\. to S.P. 606, L.D. 1655 
substantive 
rules 
as 
defined in Title 
5, 
chapter 
375, 
subchapter 2-A.' 
Further amend the bill by inserting after section 10 the 
following: 
'Sec. 11. 38 MRSA §568-B, sub-§I, 1I'A, as enacted by PL 1993, 
c. 363, §12 and affected by §21, is amended to read: 
A. 
Three 
persons 
representing 
the 
petroleum 
industry, 
appointed by the Governor, one of whom is nominated by the 
Maine Oil Dealers Association, 
eae--E>-f--wA:affi.-4G--nom-i-na-t~-:ey 
~Ae--Ma~ae--Pe~~e~e~--Assee~a~~ea--aae--eae--e~--wAem--is--a 
~e~ai~eF-wAe one of whom is a retailer who owns fewer than 5 
retail outlets, 
as 
defined in Title 10, 
section 
1672, 
subsection 6, 
ee-~-~-bjL-&Ae-geVei:ae~ and one of whom 
is a retailer who owns 5 or more retail outlets, as defined 
in Title 10, section 1672;' 
Further amend the bill by striking out all of section 13 and 
inserting in its place the following: 
'Sec. 13. 38 MRSA §1310-X, sub-§4, 1I'A, as enacted by PL 1995, 
c. 588, §1, is amended to read: 
A. 
A commercial biomedical waste disposal or treatment 
facility, if at least 51°-& of the facility is owned by a 
licensed hospital or hospitals as defined in Title 22, 
section 
~86T-~~-~~--e~--aa-~~~~~~-~~~~~--e~ 
~a~ei:eses-a~-~~~-~&-~~~~e-~~7-~~~-~~kr-sa:esee~iea 
~T-~~-aph--A 328, subsection 14 or a group of hospitals 
that are licensed under Title 22 acting through a statewide 
association of Maine hospitals or a wholly owned affiliate 
of the association; and' 
Further amend the bill by inserting after section 14 the 
following: 
'Sec. 15. 38 MRSA §1670, sub-§6, as enacted by PL 1999, c. 
779, §2, is amended to read: 
6. 
Meetings. 
The committee shall meet at least-4--2. times 
per year and at any time at the call of the chairs or upon 
written request to the chairs by 4 of the voting members.' 
Further amend the bill by relettering 
nonconsecutive 
Part 
letter 
or 
section 
consecutively. 
or renumbering any 
number 
to 
read 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '~ to S.P. 606, L.D. 1655 
SUMMARY 
This amendment does the following. 
1. 
It changes the title of the bill. 
2. 
It 
exempts 
wastewater 
treatment 
plants 
from 
the 
licensing provisions for electrical installations. 
3. 
It deletes references to the Maine Petroleum Association 
in the laws affecting the memberships of the Board of Underground 
Storage Tank Installers and the Fund Insurance Review Board. 
4. 
It 
replaces 
a 
previously 
repealed 
definition 
of 
"hospi tal" in the section of law that exempts hospitals from the 
prohibition against new biomedical waste disposal facilities. 
It 
also exempts from the prohibition a group of hospitals acting 
through a hospital association. 
5. 
It clarifies that prospective rules governing certain 
wastewater discharges will be designated as routine technical 
rules unless they are incorporated within a chapter of rules that 
are otherwise designated as major substantive rules. 
6. 
It deletes the provision in the bill that would extend 
from 2005 to 2010 the Department of Environmental Protection's 
authority to administer the aboveground oil storage tank spill 
prevention control and countermeasure plan program. 
7. 
It reduces the frequency with which the Mercury Products 
Advisory Committee must meet. 
FISCAL :\OTE R[(RIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/05104 ,;t;yac::.. 
Office of Fiscal and Program Review 
LD 1655 
An Act To Amend Certain Laws Administered by the Department of 
Environmental Protection 
LR 2608(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'Ir.. 
Committee: Natural Resources 
n 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor savings - Other Special Revenue Fund 
LR2608(2) - Fiscal Note - Page 1 of 1