An Act to Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 122, LD 1588
Committee Amendment CA_A_H564 (House)
Amends: 38 MRSA §352, 38 MRSA §436-A, 38 MRSA §470-H, 38 MRSA §480, 38 MRSA §579, 38 MRSA §1296, 38 MRSA §1306, 38 MRSA §1316-A, 38 MRSA §1610

AMENDMENT .. A, to H.P. 1124, L.D. 1588, Bill, 
Certain Laws 
Administered by the Department 
Environmental Protection" 
"An 
of 
Amend 
the 
bill 
in 
section 
in 
that part designated 
"§S219-X." in subsection 4 in the 8th line (page 2, line 21 in 
L.D.) 
by 
striking 
out 
the 
following: 
":<h.,.e~a'""t""i""n"=g~_v"-,a",,l=-u,,.;e ... " 
and 
inserting in its place the following: 'BTU eguivalent' 
Further 
amend 
the 
bill 
in 
section 
in 
the 
indented 
paragraph in the last line (page 2, line 47 in L.D.) by inserting 
after the following: "factors" the following: 'and the applicant 
agrees not to hold a presubmission meeting' 
Further amend the bill in section 5 by striking out all of 
subsection 3 (page 3, lines 2 to 41 in L.D.) and inserting in its 
place the following: 
'3. 
Emergency 
orders. 
Whenever 
it 
appears 
to 
the 
commissioner, after investigation, that there is a violation of 
the laws or regulations ws.ies. the department administers or of 
the terms or conditions of any of the department's ordersT-waiea 
~ 
is creating or is likely to 
create 
a 
substantial 
and 
immediate 
danger 
to 
public 
health 
or 
safety 
or 
to 
the 
environment, the commissioner may order the person or persons 
causing or contributing to the hazard to immediately take such 
actions 
as are necessary to reduce or alleviate the danger. 
Service of a copy of the commissioner's findings and order issaea 
aHae~-~£J~-~~~~~~-ss.a** ~ 
be made by the sheriff 
or deputy sheriff Wi~RiH-~ae-~~£~y-~~~~~r~-~-wR9ffi-~Re 
9FaeF-J-6--d-i-{'-EHJ-t-e4-~-at-e&--(H"-Fe6iae6 or by hand delivery by an 
authorized representative of the department in accordance with 
the 
Maine Rules of Civil Procedure. 
In the event that the 
persons are so numerous that the specified method of service is a 
Page l-LR0379(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to H.P. 1124, L.D. 1588 
practical impossibility or the commissioner is unable to identify 
the person or persons causing or contributing to the hazard, the 
commissioner 
shall 
make 
the 
order 
known 
through 
prominent 
publication or announcement in news media serving the affected 
area. 
The person to whom the order is directed shall comply with the 
order immediately. 
The order may not be appealed to the Superior 
Court in the manner provided in section 346, but within 48 hours 
after receipt of the order the person may apply to the board for 
a hearing on the order whieh-6Ra~~-~~~~~~~~-wi~hia-48 
hal:iFS-~~1;,e.F--~-eo&i-pt--~.f--app1ieatiali. 
Withili--7--~-aH:.-e-£--the 
heaFin~T--~-~~-6ha~~-~-~~~~-af--~~-~-ealitilil:ieT 
Fevake-t)-£--mod-i-f-y--~h&-aFEleih Within 7 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 ord~r. 
That decision must be in writing and signed 
by the 12gard chair using any means for signature authorized in 
the department's rules 
~ng publisheg within 2 working gays after 
the hearing ang vote. 
The nature of the hearing is an appeal. 
At the hearing, all witnesses must 12e sworn and the commissioner 
shall first establish the basis for the order and for naming the 
person to whom the order was directed. 
The decision of the board 
may be appealed to the Superior Court in the manner provided by 
section 346.' 
Further amend the bill by inserting after section 5 the 
following: 
'Sec. 6. 38 MRSA §352, sub-§2, 1JG is enacted to read: 
G. 
The license, notice. registration and certification fees 
administered by the gepartment unger this Title must be 
dOubleg at the time an application is su12mitteg if it is 
received after the date on which submission is reguired by 
law. 
This increase may 12e 
reduced at the commissioner's 
discretion with a showing of mitigating circumstances.' 
Further amend the bill by inserting after section 8 the 
following: 
'Sec. 9. 38 MRSA §436-A, sub-§l, as amended by PL 1989, c. 
403, §4, is further amended to read: 
1. 
Coastal wetlands. 
"Coastal wetlands" means all tidal 
and subtidal lands; a**-~afiQ6-~~~-iG&&~~~~~-Qe&F-i&-~iBe 
~eft-hy-~~~-aetienT all lands with vegetation present that is 
tolerant of salt water and occurs primarily in a salt water or 
estuarine habitat; and any swamp, marsh, 
bog, 
beach, flat or 
other contiguous low land whieh .tlli!.t is subject to tidal action 
COMMITTEE AMENDMENT 
• 
COMMITTEE AMENDMENT ,A" to H. P. 1124, L. D. 1588 
during the maHim'Y.m--spFi-Hf:J highest tide level for the year in 
which 
an activity is proposed as 
identified in tide tables 
published by the National Ocean Service. 
Coastal wetlands may 
include portions of coastal sand dunes.' 
Further 
amend the bill in section 
in paragraph 
B 
in 
subparagraph (1 ) in the 2nd line (page 4, line 42 in L.D. ) by 
inserting after the following: "Jacksonville" the following: 
, 
L 
except as specified in subparagraph (7} , 
Further amend the bill by inserting after section 9 the 
following: 
'Sec. 10. 38 MRSA §470-H is enacted to read: 
§470-B. Water use standards: rules 
The 
board 
shall 
adopt 
rules 
that 
establish water 
use 
standards for maintaining in stream flows and GPA lake or pond 
water levels that are protective of aQuatic life and other uses 
and that establish criteria for designating watersheds most at 
risk from cumulative water use. 
Standards adopted under this 
section must be based on the natural variation of flows and water 
levels, allowing variances if use 
will still be protective of 
water guality within that classification. 
Rules adopted under 
this section are major substantive rules as defined in Title~ 
chapter 375, subchapter 2-A.' 
Further amend the bill in section 10 in subsection 2 in the 
8th line (page 5, line 19 in L.D.) by striking out the following: 
"~" and inserting in its place the following: 'the' 
Further amend the bill by striking out all of section 11 and 
inserting in its place the following: 
• Sec. 11. 38 MRSA §480·E·1, as amended by PL 2001, c. 232, 
§15, is repealed and the following enacted in its place: 
§480-E-I. Delegation of permit-granting authority to Maine 
Land Use Regulation Commission 
The Maine Land Use Regulation Commission shall issue all 
permits under this article for activities that are located wholly 
within its jurisdiction and 
are 
not 
subject to 
review 
and 
approval 
by 
the department under 
any other article of this 
chapter. 
1. 
Activity located in organized and unorganized area. If 
an activity is located in part within an organized area and in 
part within an area subject to the jurisdiction of the Maine Land 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1124, L.D. 1588 
Use Regulation Commission, that portion of the activity within 
the organized area is subject to department review under this 
article if that portion is an activity pursuant to this article. 
That portion of the activity within the jurisdiction of the Maine 
Land Use Regulation Commission is not subject to the reguirements 
of this article except as provided in subsection 2. 
2. 
Allpwed use. 
If an activity is located as described in 
subsection 1, 
the department may 
review that portion of the 
activity within the jurisdiction of the Maine Land Use Regulation 
Commission if the commission determines that the project is an 
allowed use within the subdistrict or subdistr icts for which it 
is proposed pursuant to Title 12, section 685-B. 
A permit from 
the Maine Land Use Regulation Commission is not reguired for 
those aspects of an activity approved by the department under 
this subsection. 
Review by the department of subseguent modifications to a 
development approved by the department is reguired, except that 
the 
Maine 
Land 
Use 
Regulation 
Commission 
shall 
issue 
modifications to permits issued by the department pursuant to 
this article prior to September 18, 1999. 
The Maine Land Use 
Regulation 
Commission 
shall 
process 
these 
permits 
and 
modifications in accordance with the provisions of Title 12, 
sections 681 to 689 and rules and standards adopted under those 
sections. 
The Maine Land Use Regulation Commission, in consultation 
with the department, shall annually review land use standards 
adopted by the commission to ensure that the standards afford a 
level of protection consistent with the goals of this article, 
the 
goals 
of Title 12. 
chapter 
206-A 
and 
the 
commission's 
comprehensive land use plan.' 
Further amend the bill in section 15 in paragraph B in the 
3rd line (page 7, line 15 in L.D.) by striking out the following: 
" 
including" and inserting in its place the following: 
'.that. 
includes' 
Further amend the bill in section 16 by striking out all of 
subsection 9 (page 7, lines 21 to 50 and page 8, lines I to 6 in 
L.D.) and inserting in its place the following: 
'9. 
Develo;ement within unorganized areas. 
A development 
located entirely within an area subject to the jurisdiction of 
the Maine Land Use Regulation Commission. other than a metallic 
mineral 
mining 
or 
advanced 
exploration 
activity 
or 
an 
oil 
terminal 
facility. 
is 
exempt 
from 
the 
reguirements 
of 
this 
article. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1124, L.D. 1588 
A. 
If a development is located in part within an organized 
area and in part within an area subject to the jurisdiction 
of the Maine Land Use Regulation Commission, that portion of 
the development within the organized area is subject to 
review under this article if that portion is a development 
pursuant to this article. 
That portion of the development 
within the jurisdiction of the commission is exempt from the 
requirements of this article except as provided in paragraph 
IL-
B. 
If a development is located as described in paragraph A, 
the department may review those aspects of a development 
within the jurisdiction of the Maine Land Use Regulation 
Commission if the commission determines that the development 
is an allowed use within the subdistrict or subdistricts for 
which it is proposed pursuant to Title 12, section 685-B. 
A 
permit from the Maine Land Use Regulation Commission is not 
required for those aepects of a development approved by the 
department under this paragraph. 
Review 
by 
the 
department 
of 
subsequent 
modifications 
to 
a 
development 
approved 
by 
the 
department 
is 
required. 
For 
a 
development or part of a development within the jurisdiction of 
the Maine Land Uee Regulation Commission, the director of the 
commission 
may 
request 
and 
obtain 
technical 
assistance 
and 
recommendations 
from 
the 
department. 
The 
commissioner 
shall 
respond to the requests in a timely manner. 
The recommendations 
of the department must be considered by the Maine 
Land Use 
Regulation Commission in acting upon a development application.' 
Further amend the bill in section 19 by striking out all of 
paragraph A (page 9, lines 25 to 32 in L.D.) and inserting in its 
place the following: 
'A. 
Any 
orders 
issued under this section must 
contain 
findings of fact describing the manner and extent of oil 
contamination, the site of the discharge and the threat to 
the public health or environment. 
Service of a copy of the 
commissioner's 
findings 
and order 
must 
be 
made 
by 
the 
sheriff 
or 
deputy 
sheriff or 
by 
hand 
delivery 
by 
an 
authorized representative of the department in accordance 
with the Maine Rules of Civil Procedure.' 
Further amend the bill in section 19 in paragraph B in the 
9th line 
(page 
9, 
line 42 
in L.D.) 
by inserting after the 
following: 
"order." the following: 
'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. ' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 
to H.P. 1124, L.D. 1588 
Further amend the bill by inserting after section 20 the 
following: 
'Sec. 21. 38 MRSA §579 is enacted to read: 
§579. 
Regional greenhouse gas initiative 
The department may participate in the regional greenhouse 
gas initiative as described in the climate action plan required 
in section 577.' 
Further amend the bill by striking out all of section 21 
(page 10, lines 18 to 45 in L.D.) and inserting in its place the 
following: 
'Sec. 21. 38 MRSA §1296, 2nd and 3rd 1(1(, as enacted by PL 
1997, c. 375, §14, are amended to read: 
An order issued under this section must contain findings of 
fact describing, insofar as possible, the site of the activity 
and the danger to the public health or safety. 
Service of a copy 
Qf the commissioner's findings and aR order must be made paFsaaR~ 
~e 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. 
The 
person to 
whom 
the order is directed shall 
comply 
immediately and may apply to the board for a hearing on the order 
if the application is made within 8 10 working days after receipt 
of the order by a responsible party. 
The board shall hold the 
hearing. 
make findings 
of fact and vote on a 
decision that 
continues, revokes or modifies the order within a 15 working days 
after receipt of the application. 
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 burden of going forward then 
shifts to the person appealing to demonstrate, 
based upon 
a 
preponderance of the evidence, that the order should be modified 
or rescinded. 
Wi~RiR-~-~ay&-af~e~-~~-Rea~in~r-~h~-~~-sRall 
ma~e-~~~~~~-fa€~-~-sRall-~~~--~¥&~-e~-~~1r-ERe 
sFseFT The decision of the board may be appealed to the Superior 
Court in accordance with Title 5, chapter 375, subchapter Vl* 1. ' 
Further amend the bill in section 22 by striking out all of 
paragraph C (page 11, lines 1 to 5 in L.D.) and inserting in its 
place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,All to H.P. 1124, L.D. 1588 
'C. 
Service of a copy of the commissioner's findings and aH 
order saaJ:J: must be made by the sheriff or deputy sheriff or 
Qy hand delivery by an authorized representative of the 
department 
er---&y--~r~~~~--~~~~---~e~~~£---reeeipE 
re~~esEeeT in accordance with the 
Maine 
Rules of Civil 
Procedure. ' 
Further amend the bill in section 23 by striking out all of 
paragraph 0 
(page 11, lines 10 to 27 in L.D.) and inserting in 
its place the following: 
'D. 
The person to whom the order is directed shall comply 
immediately or within a specified time period. 
That person 
may apply to the board within 10 working days after receipt 
of the order for a hearing on the order. 
Within 15 working 
days after receipt of the application, the board shall hold 
a hearing, make findings of fact and 
eeHt:iB~er--r-e-vo-k-e--er 
mgei'y 
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 saaJ:J: 
!D.l.!1i.t. 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 
t:ae--Ma4£e--~~~~~~-~~&~--Aet:T Title 
5, 
chapter 375, subchapter VII 1. ' 
Further amend the bill by inserting after section 23 the 
following: 
'Sec. 24. 38 MRSA §1306, sub-§4, as enacted by PL 2003, c. 
150, §l, is amended to read: 
4. 
Cathode ray tube disposal. 
A't:er--JaB~ary--1T--6QQ&T 
Beginning 9 months after the department adopts rules pursuant to 
section 1610, 
subsection 5, 
paragraph 0, 
subparagraph (1), 
a 
person may not dispose of a cathode ray tube in a solid waste 
disposal 
facility. 
This 
subsection may 
not be 
construed to 
affect existing laws, rules or regulations governing disposal of 
cathode ray tubes in effect prior to JaB~aFy-1T-6gg& the adoption 
of rules pursuant to section 1610, subsection 5, paragraph D, 
subparagraph (1).' 
Further amend the bill in section 24 by striking out all of 
the indented paragraph (page 11, lines 32 to 36 in L.D.) and 
inserting in its place the following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1124, L.D. 1588 
• Service of a 
copy of the commissioner's findings and all. 
order saa;!,;!, must be made plu:&l*aB-1=---Ee 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. ' 
Further amend the bill in section 25 by striking out all of 
the indented paragraph (page 11, lines 41 to 51 and page 12, 
lines 1 to 7 in L.D.) and inserting in its place the following: 
'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 4g-he~H's 
working days after receipt of the order by the person to whom 
the order was directed. 
Within Ii l.5. working days after receipt 
of the application, the board shall hold a hearing, make findings 
of fact and 
eeJitiJil*er--£-e-v~ke--<rl?--l!IeQi~y 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 VII I.' 
Further amend the bill by striking out all of section 26 
(page 12, lines 9 to 38 in L. D.) and inserting in its place the 
following: 
'Sec. 26. 38 MRSA §1316-A, 3rd and 4th 1[1[, as enacted by PL 
1995, c. 579, §2, are amended to read: 
Service of a 
copy of the commissioner's findings and all. 
a9l!liBist~atiye order must be 
made 
by the sheriff or deputy 
sheriff or by hand delivery by an authorized representative of 
the department e~-By-~~~~~~~~~r-~1=-~~-Feee~p&-~e~~esteQ in 
accordance with the Maine Rules of Civil Procedure. 
The person to whom 
the 
aQl!liBist~atiye order is directed 
shall comply immediately. 
That person may apply to the board for 
a 
hearing within 
Ii 
working 
days 
after 
receipt 
of 
the 
a9l!liBist~atiye order. 
*ae-£ea£4~~-~~-ae;!,Q-By-~~-9&aFG-at 
tae-~~--£~~~~£~y--&eaeQl*leQ-~~~-fellew4R~--~~~1=--~--tae 
app;!'ieatieBr-B~-E-~~~~V&&&-la&eF-taaR-~~-~~~~--~ee~p&-e~ 
tae--a-~pl-.ieat.ieJiT Within 15 working days after receipt of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1124, L.D. 1588 
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 shall 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. 
W~Eh~R--+--eays--afEe~--Ehe 
hea~~B~T--~Ae--~~~--~~--~~--~~~-~~--~&&~--&Be--shal± 
eeBsiB~eT--~~~~-~~--mee~fy--~he--~~i&t~~~--e~ee~T 
The 
decision of the board may be appealed to the Superior Court in 
accordance with Title 5, chapter 375, subchapter V~~ 2. ' 
Further amend the bill in section 30 by striking out all of 
subsection 3 (page 13, lines 48 to 50 and page 14, lines 1 and 2 
in L.D.) and inserting in its place the following: 
'3. 
Service. 
Service of 
a 
copy of the 
commissioner's 
findings and aB order shall 
IDY.§j;, be made 
E'1:l!,6~afl.-t--Ee 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.' 
Further amend the bill in section 31 in subsection 4 in the 
9th line (page 14, 
line 16 in L.D.) 
by inserting after the 
following: 
"order." the following: 
"Ihat 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. ' 
Further amend the bill by inserting after section 31 the 
following: 
'Sec. 32. 38 MRSA §1610, sub-§2, 1rD, as reallocated by 
RR 
2003, c. 2, §119, is amended to read: 
D. 
"Manufacturer" 
means 
a 
person 
who 
manufactures 
and 
sells. or has sold, by any means, including, but not limited 
to, transactions conducted through sales outlets, catalogs 
or the Internet, a covered electronic device under its own 
brand or sells. or has sold. 
a covered electronic device 
produced by other suppliers under its own brand and label.' 
Further amend the bill by striking out all of section 32 
(page 14, lines 29 to 40 in L.D.) and inserting in its place the 
following: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1124, L.D. 1588 
RR 
I Sec. 32. 38 MRSA §1610, sub-§5, 1r1JD and E, as reallocated by 
2003, c. 2, §119, are amended to read: 
D. 
Computer 
manufacturers 
paragraph. 
monitor 
manufacturers 
and 
are 
subject 
to 
the 
requirements 
television 
of 
this 
(1) 
8e'Ji:A:Ai:A'J-.J~j'--],..r-6QQ€ir Ninety days after the 
department 
adopts 
rules 
as 
provided 
for 
in 
this 
subparagraph, 
each computer monitor manufacturer and 
each 
television 
manufacturer 
is 
individually 
responsible for handling and recycling all computer 
monitors 
and televisions that are produced by that 
manufacturer 
or 
by 
any 
business 
for 
which 
the 
manufacturer has assumed legal responsibility, that are 
generated as waste by households in this State and that 
are 
received 
at 
consolidation 
facilities 
in 
this 
State. 
In 
addition, 
each 
computer manufacturer 
is 
responsible 
for 
a 
pro 
rata share 
of 
orphan waste 
computer monitors and each television manufacturer is 
responsible 
for 
a 
pro 
rata 
share 
of 
orphan waste 
televisions generated as waste by households in this 
State and received at consolidation facilities in this 
State. 
The 
manufacturers 
shall 
pay 
the 
reasonable 
operational 
costs 
of 
the 
consolidation 
facility 
attributable to the handling of all computer monitors 
and televisions generated as waste by households in 
this 
State, 
the 
transportation 
costs 
from 
the 
consolidation facility to 
a 
licensed 
recycling 
and 
dismantling facility and the costs of recycling. The 
manufacturers 
shall 
ensure 
that 
consolidation 
facilities are geographically located to conveniently 
serve all areas of the State as determined by the 
department. 
~he By November 1, 
2005, 
the department 
shall adopt routine technical rules as defined in Title 
5, 
chapter 
375, 
subchapter 
2-A 
that 
identify 
the 
criteria that consolidation facilities 
must 
use 
to 
determine reasonable operational costs attributable to 
the handling of computer monitors and televisions. 
(2) 
Each computer monitor manufacturer and television 
manufacturer 
Shall 
work 
cooperatively 
with 
consolidation facilities to ensure implementation of a 
practical and feasible financing system. 
Within 90 
days of receipt of an invoice, 
a manufacturer shall 
reimburse a consolidation facility for allowable costs 
incurred by that consolidation facility. 
E. 
Annually, beginning January 1, 6QQ1 2006, the department 
shall provide 
manufacturers 
and consolidation facilities 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1124, L.D. 1588 
with a listing of each manufacturer's pro rata share of 
orphan 
waste 
computer 
monitors 
and 
televisions. 
The 
department shall 
determine 
each manufacturer's 
pro 
rata 
share based on the best available information, including but 
not 
limited 
to 
data 
provided 
by 
manufacturers 
and 
consolidators 
and 
data 
from 
electronic waste 
collection 
programs in other jurisdictions within the United States.' 
Further amend the bill by inserting after section 32 the 
following: 
'Sec. 33. 38 MRSA §1610, sub-§6, llA, as reallocated by RR 
2003, c. 2, §119, is amended to read: 
A. 
A manufacturer shall develop a plan for the collection 
and recycling or reuse of computer monitors and televisions 
as follows. 
(1) 
By 
March 
1, 
2005, 
a 
manufacturer of 
computer 
monitors 
and 
a 
manufacturer 
of 
televisions 
shall 
develop and submit to the department a plan for the 
collection and recycling or reuse of computer monitors 
and 
televisions 
produced 
by 
the 
manufacturer 
and 
generated as waste by households in this State. 
This 
plan 
must 
be 
based 
on 
the 
manufacturer's 
taking 
responsibility 
for 
its 
products 
upon 
receipt 
at 
consolidation 
facilities 
in 
the 
State. 
Following 
submission of 
the original plan. 
manufacturers 
may 
revise their plans at any time 
as they may consider 
appropriate in response to changing circumstances or 
needs provided that these revisions conform to the 
provisions of this section and rules adopted pursuant 
to this section, and are submitted to the department in 
a timely fashion. 
(2) 
By January 
monitors 
and 
a 
1, 
2006, 
a manufacturer of computer 
manufacturer 
of 
televisions 
shall 
implement and finance the implementation of this plan 
for the collection and recycling or reuse of computer 
monitors and televisions produced by the manufacturer 
and generated as waste by households in this State. 
(3) 
Notwithstanding 
subparagraphs 
(1) 
and 
(2), 
a 
manufacturer may satisfy the plan requirements of this 
paragraph by agreeing to participate in a collective 
recovery plan with other manufacturers. 
The collective 
recovery 
plan 
must 
meet 
the 
same 
standards 
and 
requirements 
of 
the 
plans 
submitted 
by 
individual 
manufacturers. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1124, L.D. 1588 
(4) 
The 
plan 
developed 
by 
the 
manufacturer 
must 
include, at a minimum: 
(a) 
A 
description 
of 
the 
collection 
system, 
including the methods of convenient collection; 
(b) 
A public education element to 
inform the 
public 
about 
the 
collection 
system, 
including 
details about meeting all consumer notification 
and labeling requirements; 
(c) 
Details for implementing and financing the 
handling 
of 
computer 
monitors 
and 
televisions 
produced 
by 
the manufacturer 
and 
orphan waste 
computer 
monitors 
and 
televisions 
that 
are 
generated as waste by households in this State and 
received by consolidation facilities in this State: 
(d) 
Details 
for 
the 
method 
of 
reimbursing 
consolidation facilities for the costs of handling 
and recycling the household computer monitors and 
televisions; 
(e) 
Documentation 
of 
the 
willingness 
of 
all 
necessary parties to implement the plan, including 
the 
parties 
that 
will 
participate 
in 
the 
consolidation, 
treatment, 
recovery, 
reuse 
and 
recycling of the computer monitors and televisions; 
(f) 
Assurances that the plan and all necessary 
parties will operate in compliance with local, 
state and federal waste management laws, rules and 
regulations: 
(g) 
Descriptions of the performance measures that 
will be used and reported by the manufacturer to 
report recovery and recycling rates for computer 
monitors and televisions at the end of life of 
those computer monitors and televisions: 
(h) 
Descriptions 
of 
additional 
or alternative 
actions that will be taken to improve recovery and 
recycling rates, if needed: and 
(i) 
Annual sales data 
computer 
monitors 
and 
manufacturer 
in this 
preceding the filing of 
on the number and type of 
televisions 
sold 
by 
the 
State 
over 
the 
years 
the plan. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~" to H.P. 1124, L.D. 1588 
(5) 
A manufacturer 
is 
responsible 
for 
all 
costs 
associated wi th the development and implementation of 
the plan. 
If the costs are passed on to Consumers, the 
costs must be imposed at the time of purchase and not 
with a fee imposed at the end of life of the computer 
monitor or television. 
Sec. 34. 38 MRSA §1610, sub-§7, as reallocated by RR 2003, c. 
2, §119, is amended to read: 
1. 
Enforcement; cost recovery. 
The department must enforce 
this section in accordance with the provisions of sections 347-A 
and 349. 
If a manufacturer fails to pay for the costs allocated 
to it 
pursuant to section 1610, 
subsection 5, 
paragraph D, 
subparagraph 
(1) , 
including 
its 
pro 
rata 
share 
of 
costs 
attributable 
to 
orphan 
waste, 
the 
department 
may 
pay 
a 
consolidator its legitimate costs 
from the Maine Solid Waste 
Management 
Fund 
established 
in 
section 
2201 
and 
seek 
cost 
recovery 
from 
the 
nonpaying 
manufacturer. 
Any 
nonpaying 
manufacturer is liable to the State for costs incurred by the 
State in an amount yp to 3 times the amoynt incurred as a result 
of such failyre to comply. 
The Attorney General is authorized to commence a civil action 
against any manufacturer to recover the costs described in this 
subsection, which are in addition to any fines and penalties 
established pyrsyant to section 349. 
Any money received by the 
State pyrsuant to this subsection myst be deposited in the Maine 
Solid Waste Management Fund established in section 2201.' 
Further amend the bill by striking out all of sections 33 
and 34 (page 14, lines 42 to 51 and page 15, lines 1 to 26 in 
L.D. ) 
Further amend the bill by inserting after section 35 the 
following: 
I Sec. 36. Rules regarding water use standards. 
Rules adopted 
by the Department of Environmental Protection pursuant to the 
Maine 
Revised 
Statutes, 
Title 
38, 
section 
470-H 
must 
be 
provisionally adopted 
by 
January 
1, 
2006 
and 
submitted 
for 
consideration 
to 
the 
Joint 
Standing 
Committee 
on 
Natural 
Resources 
in 
the 
Second 
Regular 
Session 
of 
the 
l22nd 
Legislature. 
This section is repealed 90 days after adjournment 
of the Second Regular Session of the 122nd Legislature. 
Sec. 
37. 
Legislation. 
The 
Department 
of 
Environmental 
Protection may submit legislation to 
the Second Regular Session 
of the l22nd Legislature prior to March 1, 
2006 to implement 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A" to H.P. 1124, L.D. 1588 
measures necessary to meet the goals of the climate action plan 
required in the Maine Revised Statutes, Title 38, section 577.' 
Further amend the 
nonconsecutive 
consecutively. 
Part 
bill by 
letter 
relettering 
or 
section 
SUMMARY 
This amendment is the majority report. 
or renumbering any 
number 
to 
read 
The amendment clarifies text describing the classification 
of the East Machias River tributaries by providing that all 
tributaries entering below the Route 191 bridge in Jacksonville 
are classified as Class B. 
The amendment clarifies the definition of "coastal wetlands" 
to make it consistent between the natural resources protection 
laws and the mandatory shoreland zoning laws. 
The amendment clarifies that the oil or gas exploration or 
production development being addressed must include drilling or 
excavation under water. 
The amendment clarifies the jurisdiction of the Department 
of Environmental Protection and the Maine Land Use Regulation 
Commission under the natural resources protection laws and the 
site location of development law when development activity spans 
both department and commission jurisdictions. 
The amendment provides for service of orders by a sheriff or 
deputy sheriff; deletes provisions in the bill for service by 
certified mail; and adds language requiring that the Board of 
Environmental Protection's decisions be in writing, signed by the 
chair and published within 2 working days of the decision. 
The amendment deletes sections of the bill that proposed to 
change report dates. 
The 
amendment 
authorizes 
applications 
submitted 
to 
the 
Protection. 
a 
fee 
for 
after-the-fact 
Department 
of 
Environmental 
The amendment adds a new section authorizing the Department 
of 
Environmental 
Protection 
to 
participate 
in 
the 
regional 
greenhouse gas initiative outlined in Maine's 
climate action 
plan. 
The 
amendment 
authorizes 
the 
department 
to 
submit 
legislation to implement measures necessary to meet the goals of 
Maine's climate action plan. 
COMMITTEE AMENDMENT 
r . 
COMMITTEE AMENDMENT "A" to H.P. 1124, L.D. 1588 
The amendment extends the deadline by which the Board of 
Environmental Protection is to adopt rules that establish water 
use standards for maintaining in-stream flows and GPA lake or 
pond water levels that are protective of aquatic life and other 
uses and that establish criteria for designating watersheds most 
at risk from cumulative water use. 
The 
amendment 
adds 
new sections that amend the laws 
on 
recycling of electronic waste to do the following: 
1. 
Clarify that the law applies to manufacturers of covered 
electronic devices even if that manufacturer no longer produces 
the covered device; 
2. 
Establish November 1, 
2005 as the date by which the 
department 
must 
adopt 
rules 
specifying 
the 
procedure 
for 
allocating the costs of electronics recycling; 
3. 
Allow manufacturers of covered electronics to revise 
their plans for 
collecting and recycling the electronics 
as 
needed in response to changing circumstances; 
4. 
Make the manufacturer of covered electronics liable for 
costs incurred by the State as a result of the manufacturer' s 
failure to reimburse the costs of recycling covered electronics; 
and 
5. 
Extend 
the effective date 
of 
the 
electronic waste from January 1, 
2006 to 9 
Department of Environmental Protection adopts 
give municipalities more time to put collection 
FISCAL NOTE REQIDRED 
(See attached) 
disposal 
ban 
on 
months after the 
rules in order to 
systems in place. 
COMMITTEE AMENDMENT 
, 
I 
Approved: 05127105 ~ac:.. 
LD 1588 
LR 0379(02) 
An Act to Amend Certain Laws Administered by the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment ·A" 
Fiscal Detail and Notes 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined revenues increase - Other Special Revenue Funds 
Minor cost increase - General Fund 
Increasing the fees for after-the-fact applications to the Department of Environmental Protection will increase Other 
Special Revenue Funds revenue. The additional costs associated with this legislation can be absorbed by the 
Department of Environmental Protection utilizing existing budgeted resources. 
LR0379(2) - Fiscal Note - P~l,ge 1 of 1