An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 122, LD 1888
Committee: Natural Resources
Sponsors: KOFFMAN, COWGER
Amends: 38 MRSA §410-N, 38 MRSA §490-W, 38 MRSA §490-Z, 38 MRSA §551, 38 MRSA §1310-B

Legislative Document 
No. 1888 
H.P. 1328 
House of Representatives, January 3,2006 
An Act To Amend Certain Laws Administered by the Department 
of Environmental Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator COWGER of Kennebec . 
Printt'u on recycled pa~r 
17/~ 
1I7.7ildC~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §410-N. sub-§I. ,B. as enacted by PL 1999, c. 
722, §l, is amended to read: 
B. 
"Invasive aquatic plant" means a species identified by 
the department 
~RFeN~R--r~lema~iR~ as 
an invasive aquatic 
plant or one of the following species: 
(1) Eurasian water milfoil, Myriophyllum spicatum; 
( 2 ) 
Variable-leaf 
water 
milfoil, 
Myriophyllum 
heterophyllum; 
(3) Parrot feather, Myriophyllum aquaticum; 
(4) Water chestnut, Trapa natans; 
(5) Hydrilla, Hydrilla verticillata; 
(6) Fanwort, Cabomba caroliniana; 
(7) Curly pondweed, Potamogeton crispus; 
(8) European naiad, Najas minor; 
(9) Brazilian elodea. Egeria densa; 
(10) Frogbit. Hydrocharis morsus-ranae; and 
(11) Yellow floating heart, Nymphoides peltata. 
RN±e6--~~~€t~-~~~~--~e--~Ri6--~~~-~re--FeHEiH~ 
~eeRRiea±--~~~e£--~-~~~aeG--iR--~~~~e--~---&~~~r--~+9T 
sNBeRap~eF-**-AT 
Sec. 2. 38 MRS A §490-D. sub-§8. as amended by PL 2005. c. 158. 
§4, is further amended to read: 
8. 
Erosion and sedimentation control. 
A±±--{"~~i.ffied..-al'lEl 
NRFeelaimea-aFea&r-eHeep~-feF-aeee66-Feaa6T A working pit must be 
naturally internally drained at all times unless a variance is 
obtained from the department. 
A. 
The area of a working pit may not exceed 10 acres. 
B. 
Stockpiles 
consisting 
of 
topsoil 
to 
be 
used 
for 
reclamation must be seeded, mulched or otherwise temporarily 
s tabi Ii zed. 
Page l-LR2941(1) 
C. 
Sediment may not leave the parcel or enter a protected 
natural resource. 
D. 
Grubbed areas not internally drained must be stabilized. 
E. 
Erosion and sedimentation control for access roads must 
be 
conducted 
in 
accordance 
with 
the 
department's 
best 
management practices for erosion and sedimentation control. 
A~eas--~~-a££€££--~9aa&-~~--aFe--~&-~~~4~-iRte~Rally 
e~aiRee-~a&&-~-~~-~~~-a£4--6eeiffieR~a~i9R--e9Rt~91 
staRea~es-9€-seeti9B-46g-GT 
F. 
All areas Qther 
naturally internally 
sedimentation control 
than a workip--9 pit area that are 
drained 
must 
meet 
the 
erosion 
standards of section 420-C. 
not 
and 
The department may grant a variance from this subsection, except 
for paragraphs C, 
D aBe.... 
E and F. 
Areas are not considered 
"naturally internally drained" if surface discharge is impeded 
through the use of structures such as detention ponds, retention 
ponds and undersized culverts. 
Sec. 3. 38 MRSA §490-W, sub-§24 is enacted to read: 
24. 
WorkiDg pit. 
"Working pit" means the extraction area, 
including overburden, of an excavation for rock. 
"Working pit" 
does not include a stockpile area or an area that has a permanent 
fixed structure such as an office building, permanent processing 
facility or fixed fuel storage structure. 
Sec. 4. 38 MRSA §490-Z. sub-§8, as amended by PL 2005, c. 158, 
§12, is further amended to read: 
8. 
Erosion and sedimentation control. 
All--r~1a-i-me&-aBe 
HB~eela~ffiea-a~ea&r-e*ee?~-€eF-aeee66-~9ae6T A working pit must be 
naturally internally drained at all times unless a variance is 
obtained from the department. 
Stockpiles consisting of topsoil 
to be used for reclamation must be seeded, mulched or otherwise 
temporarily stabilized. 
A. 
Sediment may not leave the parcel or enter a protected 
natural resource. 
B. 
Grubbed areas not internally drained must be stabilized. 
C. 
Erosion and sedimentation control for access roads must 
be 
conducted 
in 
accordance 
with 
the 
department's 
best 
management practices for erosion and sedimentation control. 
A~ea6--~~-a££€££--~9aa&-~~--aFe--~&-~~~4~-iBte~Bally 
e~aiBee-ffiH6t-ffieet-the-6EaBeaFe6-9€-6eetieB-46g-GT 
D. 
All areas other than a working pi t 
area that are not 
naturally internally 
sedimentation control 
drained 
must 
meet 
the 
erosion 
standards of section 420-C. 
and 
The department may 
paragraph A, B 9~L 
internally drained" 
use of structures 
not grant a variance from the provisions of 
C~. Areas are not considered "naturally 
if surface discharge is impeded through the 
such as detention ponds, retention ponds and 
undersized culverts. 
Sec. 5. 38 MRSA §551, sub-§l-B, as amended by PL 2003, c. 137, 
§1, is further amended to read: 
1-B. 
Research and development. The Legislature may allocate 
not more than $250,000 per annum of the amount currently in the 
fund to be devoted to research and development in the causes, 
effects 
and 
removal 
of 
pollution 
caused 
by 
oil, 
petroleum 
products 
and 
their 
by-products 
eB--~~-~~--eBvi~eBffieBt. 
Researchers 
receiving 
funds 
under 
this 
subsection shall 
use 
vessels based in this State as platforms when practicable. 
Such 
allocations must be made in accordance with section 555. 
±Ris 
s~eseeti9B-takes-eEEeet-J~±Y-±T-1999T 
Sec. 6. 38 MRS A §563-C, sub-§2. as enacted by PL 2001, c. 302, 
§l, is amended to read: 
2. 
.Exemptions. 
The prohibi tions in subsection 1 
do not 
apply to: 
A. 
Replacement or expansion of a facility registered and 
installed on or before September 
30, 
2001, 
provided the 
replacement or expansion occurs on the same property and the 
owner or operator continues to pay the annual registration 
fee 
as 
required under section 563. 
Failure to pay the 
annual fee disqualifies 
a facility from being considered 
exempt under this section; 
B. 
Conversion 
of 
an 
aboveground 
oil 
storage 
facility 
~e~iste~ea permitted by the Department of Public Safety, 
Office of the State Fire Marshal and installed on or before 
September 30, 2001 to an underground oil storage facility, 
provided the conversion occurs on the same property; 
C. 
A facility used solely for the storage of heating oil 
that is consumed on site; 
D. 
Underground piping associated with an aboveground oil 
storage facility; or 
• 
... 
• 
-
E. 
A well located on the same property as a facility and 
serving only users on that property. 
Notwithstanding-----llQ£ggrapp.s 
A 
and 
B, 
the 
prohibitions 
in 
sUbsection 1 apply if a facility has been out of service for more 
than 12 consecutive months unless, as provided in rules adopted 
under section 566 A, the commissioner has approved an application 
allowing the facility to remain temporarily out of service for a 
longer period. 
Sec. 7. 38 MRSA §1310-B, sub-§2, as amended by PL 2003, c. 
661, §l and c. 689, Pt. B, §6, is further amended to read: 
2. 
Hazardous 
waste 
information 
and 
information 
on 
mercury-added 
products 
and 
electronic 
devices. 
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 or information 
relating to electronic devices submitted to the department under 
section leG9 1610, subsection 6, paragraph At 
subparagraph (4), 
division (i) and paragraph B 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, 
Food 
and 
Rural 
Resources 
and 
the Department of 
Heal th 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 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 
iBSQ~e 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, 
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 mQs~-ae 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. 
Sec. 8. 38 MRS A §1610, sub-§6, as amended by PL 2005, c. 330, 
§39, is further amended to read: 
6. 
Manufacturer 
plan 
and 
reporting 
requirements. 
A 
manufacturer shall develop a plan and submit a report as required 
in this subsection. 
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 
pF9YiQeG-~Ra~ only if these revisions conform to 
the 
provisions 
of 
this 
section 
and 
rules 
adopted 
pursuant to this sectionr and are submitted to the 
department in a timely fashion. 
(2) 
8Y--~'2'---1-r--;HHH~ 
Ninety 
days 
after 
the 
department adopts rules· under subsection 5, paragraph 
D, 
subparagraph 
(1) , 
a 
manufacturer 
of 
computer 
monitors 
and 
a 
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. 
recovery 
plan 
must 
meet 
the 
same 
requirements 
of 
the 
plans 
submitted 
manufacturers. 
The collective 
standards 
and 
by 
individual 
(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 
consolidation 
and recycling 
televisions; 
for 
the 
method 
of 
reimbursing 
facilities for the costs of handling 
the household computer monitors and 
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eeRse l iea tieR T -
-- ~-r--e-a-t-me-n-t-,- - - !'eeeve!'y T -
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Fe'§JY±a.t:ieasl-
(g) 
Descriptions of the performance measures that 
will be used and reported by the manufacturer to 
report recovery and recycling rates for computer 
moni tors and televisions at the end of life of 
those computer monitors and televisions; and 
+b+---PeseFi~tieRs--et--aeeitieRa±--e!'--a±te!'Rative 
aetieRs-~Aa~-w4~~-~~~~~-~~F&~-FeeeyeFy-aRe 
FeeyeliR~-!'atesT-it-Reeeeet-aRe 
(i) 
Annual sales data on the number and type of 
computer 
monitors 
and 
televisions 
sold 
by 
the 
manufacturer 
in 
this 
State 
over 
the 
years 
preceding the filing of the plan. 
The department 
may keep information submitted pursuant to this 
division confidential as provided under 
section 
1310-B. 
(5) 
A 
manufacturer 
is 
responsible 
for 
all 
costs 
associated with 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. 
B. 
Beginning July 1, 
2007, 
and 
annually thereafter, 
a 
manufacturer that offers a computer monitor or television 
for 
sale 
in this 
State 
shall 
submit 
a 
report 
to 
the 
department that includes the following: a description of the 
collection, consolidation and recycling services utilized to 
recover 
the 
manufacturer's 
products; 
substantiated 
estimates, 
on an annual basis for the preceding calendar 
year, 
of 
the 
quantities 
of 
covered 
electronic 
devices 
marketed to retail consumers in this State and collected for 
recovery in this State; the capture rate for electronics 
based on sales in this State; sHBsEaaEiaEea-esEi~aEe&-e~-tHe 
peFeeaEa~e--ef--£B~~€£~€4--~~~~~-~~-~~--FeH&eG--aae 
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~aF*eEs-EeF-tHe-€e±±eetee-wa6tet and any systems implemented 
by 
the 
manufacturer 
to 
ensure 
environmentally 
sound 
management 
of 
its 
products. 
The 
department 
may 
keep 
information 
submitted 
pursuant 
to 
this 
paragraph 
confidential as provided under section 1310-B. 
Sec.9. PL2003.c.227.§9 is amended to read: 
Sec. 9. Effective date. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 38, section 465, subsection L 
paragraph A; 
subsection 2, paragraph A; subsection 3, paragraph 
A; and subsection 4, paragraph A and section 465-A, subsection 1, 
paragraph 
A 
take 
effect 
when 
the 
water 
use 
standards 
for 
maintaining in-stream flows are finally adopted as provided in 
Title 38, section 41G-E 470-H. 
SUMMARY 
This bill 
amends 
the 
Maine 
Revised Statutes, Title 
38, 
section 410-N, subsection 1, paragraph B to remove a rule-making 
requirement 
related 
to 
identification 
of 
invasive 
aquatic 
• 
• 
lO 
l2 
H 
species. 
This change makes the definition of "invasive aquatic 
plant" more consistent with the definition of "invasive species" 
in Title 38, section 466, subsection 8-A. 
This bill also amends the erosion control standard in the 
quarry and gravel pit laws. 
This bill provides that externally 
drained 
areas, 
other 
than 
the 
working pit, 
must 
meet 
the 
standards of Maine's erosion and sedimentation control law. 
This standard would not be subject to a variance. 
The bill also 
provides 
that 
the 
working pit must 
be 
naturally internally 
drained at 
al~ times unless 
a variance is obtained from the 
Department 
of 
Environmental 
Protection. 
The 
bill 
changes 
existing text, which provides that all reclaimed and unreclaimed 
areas, other than access roads, must be internally drained unless 
a 
variance is obtained 
from 
the 
Department of Environmental 
Protection. 
This bill adds a definition of "working pit" to the 
quarry law . 
This bill allows the Legislature to allocate up to $250,000 
per year from the Maine Coastal and Inland Surface Oil Clean-up 
Fund for research and development. 
It can do this under existing 
law, but only if the research and development is related to the 
causes and effects of oil spills "on the marine environment." 
The bill also strikes the words 
"on the marine environment," 
thereby allowing the funds to be used for research related to the 
impact of inland oil spills. 
The bill amends the law governing the siting of underground 
oil storage facilities to clarify that the owner of an abandoned 
underground oil facility 
may 
not 
make 
use 
of 
the 
statutory 
exemption allowing expansion of existing facilities within 1,000 
feet of a public drinking water supply or 300 feet of a private 
drinking water supply. 
The bill streamlines the manufacturer reporting requirements 
under the law governing recycling of televisions and computer 
monitors, and allows sales figures reported to the Department of 
Environmental Protection by electronics manufacturers to be kept 
confidential. 
This bill amends Public Law 2003, chapter 227, section 9 to 
change 
a 
statutory reference from Title 38, section 470-E to 
Title 
38, 
section 470-H. 
Title 
38, 
section 470-E 
has 
been 
repealed. 
The 
subject 
of 
Title 
38, 
section 
470-E, 
which 
addresses 
rulemaking related to water 
use 
standards, 
is 
now 
addressed by Title 38, section 470-H.