An Act To Prohibit the Disposal of Dangerous and Unsafe Material in Solid Waste Facilities (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1633
Committee: Natural Resources
Sponsors: DAIGLE, COWGER, ANNIS, DUCHESNE, JOY, ROSEN, SA VIELLO, TWOMEY, MARTIN

Legislative Document 
No. 1633 
H.P. 1151 
House of Representatives, May 3, 2005 
An Act To Prohibit the Disposal of Dangerous and Unsafe Material 
in Solid Waste Facilities 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative DAIGLE of Arundel. 
Cosponsored by Senator COWGER of Kennebec and 
111~ 
111· 77ltJ£~ 
Mll..LICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, DUCHESNE of Hudson, JOY of Crystal, ROSEN 
of Bucksport, SA VIELLO of Wilton, TWOMEY of Biddeford, Senator: MARTIN of 
Aroostook. 
Printed on recyded paper 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation prohibits the deliberate improper 
disposal 
of 
dangerous 
or 
unsafe 
materials 
in 
solid 
waste 
facilities; and 
Whereas, 
it 
is 
immediately 
in order 
improper disposal; and 
critical 
to 
prevent 
to 
enact 
this 
injury resulting 
legislation 
from 
such 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA c.13, sub-c. 2-e is enacted to read: 
SUBCHAPTER 2 C 
DANGEROUS OR UNSAFE MATERIAL CONTROL 
§1316 O. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Dangerous or unsafe materia1. 
"Dangerous 
or unsafe 
material" means any substance or material that might present a 
dangerous or unsafe situation, including, but not limited to: 
A. 
Pressure tanks such as propane tanks; 
B. 
Flammable liquids or solids; and 
C. 
Explosiye materials such as dynamite or fireworks. 
§1316-P. 
Prohibition: penalties 
A person commits a Class E crime if, with respect to any 
dangerous or unsafe material that the person knows has been so 
identified or 
knows 
may 
be dangerous or unsafe, 
that person 
knowingly: 
L 
Conceals. 
Conceals that material by placing it inside 
other waste material or covering it with other waste material; and 
Page l-LR2302(1) 
2. 
Disposes 
at solid waste facility. 
Disposes or causes 
another to dispose of such material in a solid waste facility. 
Sec. 
2. 
Rulemaking. 
The 
Department 
of 
Environmental 
Protection shall 
adopt rules to define 
"dangerous or unsafe 
material" under the Maine Revised Statutes, Title 38, 
section 
1316-0, subsection 1. 
In developing proposed rules under this 
section, the department shall consider for inclusion as dangerous 
or unsafe materials those materials and items that the United 
States Department of Homeland Security, Transportation Security 
Administration 
has 
prohibited 
on 
passenger 
airplanes 
in 
a 
passenger's carry-on baggage. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
Current law does not specifically prohibit a person from 
intentionally concealing and disposing of potentially dangerous 
items such as propane tanks. 
This bill makes it a Class E crime 
to knowingly conceal dangerous or unsafe material and dispose of 
that material in a solid waste facility.