An Act To Require That Hazardous Waste Be Removed from Junked Vehicles Fiscal Detail and Notes
Maine Legislature, Session 122, LD 0692
Committee Amendment CA_A_S186 (Senate)
Amends: 30-A MRSA §3754-A, 30-A MRSA §3755-A, 38 MRSA §1306

COMMITTEE AMENDMENT .,.4. to S. P. 
To 
Require That Hazardous 
Waste 
229, 
Be 
L.D. 692, Bill, "An 
Removed 
from 
Junked 
Vehicles" 
Amend the bill by striking out everything after the enacting 
clause and inserting in its place the following: 
• Sec. 1. 30-A MRSA §3754-A, sub-§5, 1rA, as enacted by PL 2003, 
c. 312, §9, is amended to read: 
A. 
All 
fluids, 
including, 
but not 
limited to, 
engine 
lubricant, 
transmission fluid, 
brake fluid, 
Ba~~e~y--aeie 
power 
steering 
fluid. 
hydraulic 
fluid, 
engine 
coolant, 
gasoline. diesel fuel and oil, must be properly handled in 
such a manner that they do not leak, flow or discharge into 
or onto the ground or into a body of water; 
Sec. 2. 30-A MRSA §3754-A, sub-§5, 1r1rC and D, as enacted by PL 
2003, c. 312, §9, are amended to read: 
C. 
Junk, scrap metal, vehicles or other solid wastes may 
not be placed or deposited, directly or indirectly, into the 
inland waters or tidal waters of the State or on the ice of 
inland waters or tidal waters or on the banks of inland 
waters or tidal waters in such a manner that they may fall 
or be washed into these waters; aRe 
D. 
Junkyard 
and 
automobile 
graveyard 
owners 
must 
demonstrate at the time of licensing that the facility or 
facilities for which they seek permits are, or are part of, 
Page l-LRI890(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to S.P. 229, L.D. 692 
read: 
a 
viable 
business 
entity 
engaged 
in 
the 
business 
of 
salvaging, recycling, dismantling, processing, repal.r l.ng or 
rebuilding junk or vehicles for the purpose of sale, trade 
or personal useTL 
Sec. 3. 30-A MRSA §3754-A, sub-§5, 1f1JE to H are enacted to 
E. 
A log must be maintained of all motor vehicles handled 
that includes the date each vehicle was acquired, a copy of 
the vehicle's title or bill of sale and the date or dates 
upon which all fluids, refrigerant. batteries and mercury 
switches were removed: 
F. 
All fluids, refrigerant, batteries and mercury switches 
must be removed from motor vehicles that lack engines or 
other parts that render the vehicles incapable of being 
driven under their own motor power or that are otherwise 
incapable of being driven under their 
own 
motor 
power, 
appliances and other items within 180 days of acquisition. 
Motor vehicles, appliances and other items acquired by and 
on the premises of a junkyard or automobile graveyard prior 
to 
October 
1, 
2005 
must 
have 
all fluids, 
refrigerant, 
batteries and mercury switches removed by January 1. 2007. 
Fluids required to be removed under this paragraph must be 
removed to the greatest extent practicable: 
G. 
Storage, 
recycling 
or 
disposal 
of 
all 
fluids, 
refrigerant, batteries and mercury switches must comply with 
all 
applicable 
federal 
and 
state 
laws, 
rules 
and 
regulations; and 
H. 
All fluids, refrigerant, batteries and mercury switches 
must be removed from motor vehicles, appliances and other 
i terns before crushing or shredding. 
Fluids required to be 
removed under this paragraph must be removed to the greatest 
extent practicable. 
Sec. 4. 30-A MRSA §3754-A, sub-§6-A is enacted to read: 
6-A. 
Relationship to state storm water requirements. 
After 
October 30, 2005, municipal officers or county commissioners may 
reject an application for an automobile graveyard or automobile 
recycling business if the applicant has not demonstrated that: 
A. 
A notice of intent has been filed with the Department of 
Environmental Protection to comply with the general permit 
provisions for storm water discharges: or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,~ to S.P. 229, L.D. 692 
B. 
The 
Department 
of 
Environmental 
Protection 
has 
determined that 
a 
storm water 
discharge 
permit is not 
required. 
Sec. 5. 30-A MRSA §3755-A, sub-§3, 1JH, as enacted by PL 1993, 
c. 173, §6, is amended to read: 
H. 
Dismantling of a vehicle must be performed in accordance 
with the following standards. 
(1) 
~Be-BaEEe~y Batteries must be removed. 
(2) 
i:B'jiBe All fluids, including but not limited to 
engine lubricant, transmission fluid, brake fluid aBa 
power steering fluid, hydraulic fluid, engine coolantL 
gasoline, diesel fuel and oil, must be drained into 
watertight, covered containers and must be recycled or 
disposed of in accordance with applicable federal 
e~ 
~ 
state laws, rules e~ ~ 
regulations. 
(3) 
Fluids from a vehicle may not be permitted to flow 
or be discharged into or onto the ground. 
(4) 
~Be--~eeye~iB'j--eFe~aEieB Storage, 
recycling or 
disposal 
of all fluids, 
refrigerant, 
batteries 
and 
mercury 
switches 
must 
comply 
with 
all 
applicable 
federal 
e~ 
~ state 
laws 
~e~aEea---t-o---Bal5a~ae1:l6 
maEe~ia16, rules and regulations. 
(5) 
A log must be maintained of all motor vehicles 
handled 
that 
includes 
the 
date 
each 
vehicle 
was 
acquired, a copy of the vehicle's title or bill of sale 
and 
the 
date 
or 
dates 
upon 
which 
all 
fluids, 
refrigerant, 
batteries 
and 
mercury 
switches 
were 
removed. 
(6) 
All fluids, 
refrigerant, batteries 
and mercury 
switches must be removed from motor vehicles that lack 
engines 
or 
other 
parts 
that 
render 
the 
vehicles 
incapable of being driven under their own motor power 
or that are otherwise incapable of being driven under 
their own motor power within 180 days of acquisition. 
Motor vehicles acquired by and on the premises of an 
automobile recycling business prior to October 1, 2005 
must 
have 
all 
fluids, 
refrigerant, 
batteries 
and 
mercury switches removed by January 1. 
2007. 
Fluids 
required to be removed under this subparagraph must be 
removed to the greatest extent practicable. 
(7) 
All fluids. 
refrigerant. batteries and mercury 
switches must be removed from vehicles before crushing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to S.P. 229, L.D. 692 
or shredding. 
Fluids reguired to be removed under this 
subparagraph must be removed to the greatest extent 
practicable. 
Sec. 6. 38 MRSA §1306, sub-§S is enacted to read: 
5. 
Control of fluids from motor vehicles at junkyards. 
automobile 
graveyards 
and 
automobile 
recarcling 
businesses. 
Fluids must be controlled in accordance with the following. 
A. 
All 
fluids, 
including 
but 
not 
limited 
to 
engine 
lubricant. transmission fluid. brake fluid. power steering 
fluid. 
hydraulic fluid. 
engine coolant. 
gasoline, 
diesel 
fueL oil and refrigerant. batteries and mercury switches 
must be properly handled by junkyards, automobile graveyards 
and automobile recycling businesses in such a manner that 
they do not leak, flow or discharge into or onto the ground, 
into a body of water or into the air. 
B. 
All fluids. refrigerant. batteries and mercury switches 
must be removed from motor vehicles that lack engines or 
other parts that render the vehicles incapable of being 
driven under their own motor power or that are otherwise 
incapable of being driven under their 
own motor 
power, 
appliances and other items within 180 days of acguisition by 
a 
junkyard, 
automobile graveyard or automobile recycling 
business. 
Motor 
vehicles. 
appliances 
and 
other 
items 
acguired by and on the premises of a junkyard. automobile 
graveyard or automobile recycling business prior to October 
1. 
2005 must have all fluids, refrigerant. batteries and 
mercury 
switches 
removed 
by 
January 
1, 
2007. 
Fluids 
reguired to be removed under this paragraph must be removed 
to the greatest extent practicable. 
C. 
A person may not crush. shred or otherwise process. or 
cause to be crushed, shredded or otherwise processed. motor 
vehicles. appliances or other items before removal of all 
fluids. refrigerant. batteries and mercury switches. 
Fluids 
reguired to be removed under this paragraph must be removed 
to the greatest extent practicable. 
Sec. 7. Effective date. 
This Act takes effect October 15, 2005.' 
SUMMARY 
This amendment replaces the bill. 
It amends the operating 
standards for 
junkyards, 
automobile graveyards 
and automobile 
recycling businesses. 
It requires that logs be maintained of all 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A· to S.P. 229, L.D. 692 
motor vehicles handled by the facility. 
It requires that all 
fluids, refrigerant, batteries and mercury switches be removed 
from motor vehicles that are not operable, appliances and other 
items within 180 days of acquisition by a junkyard, automobile 
graveyard or automobile recycling business. 
Items acquired prior 
to October 
1, 
2005, 
however, 
must have 
fluids, 
refrigerant, 
batteries and mercury switches removed by January 1, 2007. 
It 
requires that storage, recycling or disposal of materials comply 
with federal 
and state laws. 
It requires that all fluids, 
refrigerant, batteries and mercury switches be removed before 
crushing or shredding. 
It also provides that a municipality or 
county may reject an application for an automobile graveyard or 
automobile 
recycling 
business 
if 
the 
applicant 
has 
not 
demonstrated 
that 
certain 
prov1S1ons 
regarding 
storm 
water 
management have been complied with. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 05/11105 .;tv"ae 
LD692 
LR 1890(02) 
An Act To Require That Hazardous Waste Be Removed from Junked Vehicles 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'Ar-
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
utilizing existing budgeted resources. 
LRI890(2) - Fiscal Note - Page 1 of 1