An Act Regarding Asbestos Abatement Work
Maine Legislature, Session 124, LD 1434
Sponsors: CRAVEN, BRYANT, HINCK, WAGNER
Amends: 38 MRSA §352, 38 MRSA §1273, 38 MRSA §1278

, 
FIRST PJ:GULAR SESSION=2009 
Legislative Document 
No. 1434 
S.P.518 
In Senate, April 7, 2009 
An Act Regarding Asbestos Abatement Work 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the CommIttee on Natural Resources suggested and ordered pririted. 
Presented by Senator CRAVEN of Androscoggin. 
9r8(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senator: BRYANT of Oxford, Representatives: HINCK of Portland, 
WAGNER of Lewiston. 
Printed on.recycled paper 
Be it enacted by the People of the State of Maine as follows: 
') 
Sec. 1. 38 MRSA §352, sub-§5-A, as amended by PL 2007, c. 558, § 1, is further 
amended to read: 
5-A. Accounting system. In order to determine the extent to which the functions set 
"out in this section are necessary for the licensing process or are being perform"ed in an 
efficient and expeditious manner, the commissioner shalI require that alI employees of the 
department involved in any aspect of these functions keep accurate and regular daily time 
. records. These records must describe the jnatters worked on, services performed and the 
amOlint of time devoted to those matters and services, as welI as amounts of money 
expended in performiilg those functions. Records must be kept for a sufficient duration 
] 1 
of time as determined by the commissioner to establish to the commissioner's satisfaction 
that the fees are appropriate. 
TABLE I 
MAXIMUM FEES IN DOLLARS 
TITLE 36 
PROCESSING FEE 
CER TIFICA TION 
SECTION 
FEE 
]7 
656, sub-§ 1, ~E, PolIution Control 
Facilities 
) 
]9 
A. Water polIutioncontrol facilities 
$250 
$20 
with capacities at least 4,000 galIons 
of waste per day and § 1760, sub-§29, 
water pollutioncontrol facilities 
B .. Air polIution control and § 1760, 
sub-§30, air pollution control facilities 
TITLE 38 
PROCESSING FEE 
LICENSE 
SECTION 
FEE 
344, sub-§7, Permit by rule 
$50 
$0 
4] 3, Waste di?charge licenses 
See section 353-B 
420-D, Storm water management 
A. If structural means of storm water $400 for the first 
$100 for the first 
control are used 
acre of disturbed 
acre of disturbed 
area, plus $200 for 
area, plus $50 for 
each additional 
each additional 
whole acre of 
whole acre of 
disturbed area 
disturbed area 
) 
Page I - 124LR0538(OI)-1 
n 
B. If solely vegetative means of storm 
$200 for the first $50 for the first acre 
water control are used 
acre of disturbed of disturbed area, 
area, plus$1 00 for plus $25 for each 
each additional -additional whole 
whole acre of acre of disturbed 
disturbed area area 
C. When a permit by rule is required· 
$55 
none 
~ 
Ifa project described in paragraph A or 
B is reviewed and approved by a 
professional engineer at a soil and 
water conservation district office that 
has a memorandum of understanding 
with the department concerning review 
of projects pursuant tothis section, the 
total applicable fee is reduced to a 
processing fee of $1 00 for the first acre 
of disturbed area,plus a license fee of 
$50 for each additional whole acre of 
disturbed area. 
480~E, Natural resources protection 
A. Any alteration of a protected 
. 
natural resource, except coasta.l 
wetlands and coastal sand dunes, 
causing less than 20,000 square feet of 
alteration of the resource 
26-
B. Any alteration of a coastal wetland 
causing less than 20,000 square feet of 
alteration of the resource 
C. Any alteration of a protected 
. 0 IS/sq. ft. alteration .005/sq. ft. alteration . 
natural resource, except coastal sand 
dunes, causing 20,000 square feet or 
more of alteration of the resource 
C-l. Significant groundwater well 
4,577 
1,961 
C-2. Activity within a community 
public water supply primary protection 
area 
D. Any alteration of a coastal sand 
3,500 
1,500 
dune 
E.Condition compliance 
F. Minor modification 
485-A, Site location of development 
A. Residential subdivisions 
~) 
1. Affordable housing 
SO/lot 
SO/lot 
" ) 
2. On public water and sewers 
175/lot 
175/lot 
3. All Other' 
250/lot 
250/lot 
·4 
B. Industrial parks' 
460/lot 
460/lot 
5-
C. Mining 
1,500 
1,000 
D. Structures 
4,000 
2,000 
E. Other 
1,000 
1,000 
543, Oily waste discharge 
560, Vessels at anchorage 
587, Ambient air quality or emissions 
5,050 
standards variances 
590, Air emissions licenses 
See section 353-A 
633, Hydropower projects 
A. New or expanded generating 
450/MW 
50/MW 
capacity 
16. 
B. Maintenance and repair or qther 
structural alterations not involving an 
increase in generating capacity 
United States Code, Chapter 26, Water 
Quality Certifications, in conjunction with 
applications for hydropower project 
licensing or relicensing 
. A. Initial consultation 
1,000 
B. Second consultation 
1,000 
) 
C. Appiication 
1. Storage 
1,00Q 
·2. Generating 
300/MW 
50/MW 
1304, Waste management 
A. Septage disposal 
1. Site designation 
B. Land application of sludges and 
residuals program approval 
1. Industrial sludge 
2. Municipal sludge 
3. Bioash 
4. Wood ash' 
5. Food waste 
6. Other residuals 
C. Landfill 
1. Closing plans for secure 
1,500 
1,500 
landfills 
') 
./ 
n 
2. Closing plans for attenuation 
landfills 
3. Post-closure report 
4. Preliminary information reports 
5. License transfers 
6. Special waste disposal 
, 
a. One-time disposal of 
~ 
quantities of 6 cubic yards or 
less 
b. One-time disposal of 
quantities greater than 6 cubic 
yards 
c. Program approval for 
routine disposal of a special 
waste 
7. Minor revision for secure 
landfills 
-
8. Minor revision for attenuation 
landfills 
9. Public benefit determination 
D. Incineration facility 
2. License transfer 
. 23 
E. License transfer other than for 
landfills and incinerators. 
F. Minor revision for septage facilities 
and solid waste facilities other than 
landfills 
G. Permit by rule for one-time 
activities 
TABLE II 
WASTE MANAGEMENT FEES - ANNUAL LICENSE 
MAXIMUM FEES IN DOLLARS 
TITLE 38 
PROCESSING FEE ANNUAL LICENSE 
SECTION 
FEE 
1278, Asbestos abatement 
A. Asbestos abatement contractor 
$0 
$1,000 
B. Asbestos abatement worker 
Q 
C. Asbestos consultant 
Q. 
. 1,000 
D. Asbestos analytical laboratory 
Q 
) 
.~' 
E. Training provider 
Q 
) 
/' 
F. Other categories of asbestos 
professionals except asbestos 
abatement workers 
..... G.Notification 
1. Project size greater than 100 
Q 
sguare feet or 100 'linear feet and 
less than 500 sguare feet or 2,500 
linear feet 
2. Project size 500 sguare feet or 
2,500 linear feet, or greater, and 
less than 1 ,000 sguare feet or 
5,000 linear feet 
3. Project size 1,000 sguare feet 
or 5,000 linear feet or greater 
1304, Waste management 
A. Septage disposal 
1. Landspreading 
$550 
$250 
2. Storage 
. B. Residuals compost facility 
1. Type I 
. 
3. Type II and Type III less than 
3,500 cubic yards 
5. Type II and Type III 3,500 
1,400 
) 
cubic yards or greater 
C. Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge 
b. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other residuals 
2. Sites without program approval 
a. Industrial sludge 
b. Municipal sludge 
c. Bioash 
d. Wood ash 
e. Food waste 
f. Other 
20b 
1310-N, Solid waste facility siting 
) 
Page.S - 124LR0538(Ol)-1 
"~' 
A. Landfill 
1. Existing, nOl1secure municipal 
3,500 
1,000 
solid waste landfills accepting 
waste from fewer than 15,000 
people 
2: Existing, nonsecure municipal 
3,500 
3,500 
solid waste landfills accepting 
waste from more than 15,000 
people 
3. New or expanded for secure 
5,000 
8,500' 
landfill 
5. N onsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B. Incineration facilities 
1. New or expanded for the, 
3,500 
5,000 
acceptance of municipal or special 
wastes, or both 
2. Municipally owned and 
3,500 
1,000 
operated solid waste incinerators 
with I icensed capacity of 10 tons 
per day or less 
C. Transfer station and storage 
facility 
, D. Tire storage facility 
F. Processing facility other than 
municipal solid waste composting 
G. Beneficial use activities other than 
agronomic utilization 
3. Fuel substitution 
4. Beneficial use without risk 
assessment 
5. Beneficial use with risk 
1,400 
assessment 
H. Permit by rule for ongoing 
lob 
activities 
Sec. 2. 38 MRS A §353, sub-§3-B is enacted to read:, 
3-B. 
Certification fee for asbestos professionals. 
A person applying for 
certification as an asbestos professional under more than one category under section 352, 
subsection 5-A shall pay the highest fee among the categories for which certification is 
sought and $50 for each additional category. 
' 
·2 
Sec. 3. 38 MRS A §1272, sub-§2, as amended by PL 1993, c. 355, §26, is further 
amended to read: 
2. 
Asbestos abatement activity. 
"Asbestos abatement activity" means activity 
involving the 
removal, 
demolition, 
enclosure, 
repair; .encapsulation, 
handling, 
transportation or disposal of ffial::He asbestos~containing materials in an amount greater 
than 3 square feet or 3 linear feet. '.'Asbestos abatement activity" includes associated 
.. 7 
activities such as design; monitoring, analysis and inspection of any ffial::He asbestbs-
containing material in an amount greater than 3 square feet or. 3 linear feet, and 
conducting training for persons seeking a state certificate or license. 
Sec. 4. 38 MRSA §1273, sub-§2, as amended by PL 2001, c. 626, '§ 171 is further 
amended to read: 
2. Notification required. A person, owner or operator may n_otengage in any 
asbestos abatement activity over 3 linear. feet or 3 square feet of ffial::He asbestos-
centaining material unless that person, owner oroperatdr notifies the commissioner in 
writing. 
This notification must be postmarked at least 10 calendar days before or 
delivered to the department at least 5 working days prior to beginning anyon-site work, 
including on-site preparation work. The department may approve a reduction in .the 
number of days required for notification on a case-by-case basis when unforeseeable 
circumstances or compliance with standard notification procedures may caus.e a threat to 
the environment or human health. 
Sec. 5. 38 MRSA §1278, sub-§l, as amended by PL 1993, c; 355, §43, IS 
repealed. 
Sec. 6. 38 MRS A §1278, sub-§l-A is enacted to read: 
I-A. License and certification fees. Fees for each license and certification category 
are established under section 352. The fees must be·paid upon application and annually 
thereafter. 
Sec. 7. 38 MRSA §1278, sub-§2, as amended by PL 1993, c. 355, §44, IS fmiher 
amended to read: 
2. 
Notification fees. 
Notification of asbestos abatement activities pursuant to 
section 1273, subsection 2, must be accompanied by a the notification fee established 
under section 352 unless the activity occurs in sin·gle-unit residential buildings. 
Notification fees are based on the total linear or square feet of asbestos-containing 
material involved in the activity. 
. 
A. 
The fees are: 
(1) Projects involving more than 100 square feet or 100 linear feet, but less than 
1,000 square feet or 5,QOOlinear feet: $100; and 
(2) Proiects involvim! more than 1,000 square feet or 5,000 linear feet: .$200. 
) 
) 
) 
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SUMMARY 
This bill: 
1. Clarifies that persons.engaged in an activity affecting more than 3 square feet or 3 
linear feet of any asbestos-containing material are subject to licensing, certification, 
notification and work practice requirements administered· by the Department of 
Environmental Protection; 
. 
2. 
Increases the maximum fee that may be charged by the Department of 
Environmental Protection to license or certify asbestos professionals; and 
3. Increases the maximum fee that must be paid when notifying the Department of 
Environmental Protection of asbestos abatement activity.