An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Maine Legislature, Session 127, LD 1128
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, WELSH
Amends: 38 MRSA §343-H, 38 MRSA §353, 38 MRSA §353-A, 38 MRSA §353-B, 38 MRSA §420-B, 38 MRSA §464, 38 MRSA §570-K, 38 MRSA §1310-N, 38 MRSA §1319-O

Legislative Document 
No. 1128 
S.P. 397 
In Senate, March 31, 2015 
An Act To Make Minor Changes and Corrections to Statutes 
Administered by the Department of Environmental Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Representative WELSH of Rockport. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §343-H, sub-§4, as amended by PL 2009, c. 121, §4, is 
repealed. 
Sec. 2.  38 MRSA §353, sub-§9, as amended by PL 2007, c. 655, §1, is further 
amended to read: 
9.  Finance charges.  In addition to other remedies specifically authorized in this 
Title, the department shall charge interest at a rate of 15% per annum, unless the 
commissioner finds the amount too small or the likelihood of recovery too uncertain, and 
may pursue enforcement, including, but not limited to, penalties pursuant to section 349 
and suspension or revocation pursuant to section 341-D 342, subsection 3 11-B for the 
failure of a licensee to pay any portion of licensing fees owed by the date due. 
Sec. 3.  38 MRSA §353-A, sub-§8, as amended by PL 2007, c. 589, §3 and 
affected by §9, is further amended to read: 
8.  Nonpayment of fee.  Failure to pay the annual fee within 60 days of the 
anniversary date of a license is sufficient grounds for revocation of the license under 
section 341-D 342, subsection 3 11-B. 
Sec. 4.  38 MRSA §353-B, sub-§5, as enacted by PL 1997, c. 794, Pt. B, §7, is 
amended to read: 
5.  Nonpayment of fees.  Failure to pay an annual fee within 30 days of the 
anniversary date of a license is sufficient grounds for revocation of the license, permit or 
privilege under section 341-D 342, subsection 3 11-B. 
Sec. 5.  38 MRSA §420-B, sub-§4, as amended by PL 2007, c. 565, §5, is further 
amended to read: 
4.  Executive summary.  No later than March 31st of each year April 30th in the first 
regular legislative session, the commissioner shall report provide an executive summary 
on the monitoring program to the joint standing committees of the Legislature having 
jurisdiction over natural resources matters and marine resources matters.  This report 
executive summary must contain: 
A.  At the start of each 5-year period, the 5-year monitoring plan; 
B.  The annual work program for the past year and the current year; 
C.  The commissioner's conclusions as to the levels of toxic contamination in the 
State's waters and fisheries; and 
D.  Any trends of increasing or decreasing levels of contaminants found; and. 
E.  The results of the dioxin monitoring program required under subsection 1-A. 
Sec. 6.  38 MRSA §464, sub-§3, ¶C, as affected by PL 1989, c. 890, Pt. A, §40 
and amended by Pt. B, §55, is repealed. 
Sec. 7.  38 MRSA §570-K, sub-§5, as amended by PL 2005, c. 212, §1, is further 
amended to read: 
5.  Spill prevention and control.  An aboveground oil storage facility used in the 
marketing and distribution of oil to others must be operated in compliance with the 
federal requirements for the preparation and implementation of spill prevention control 
and countermeasure plans under 40 Code of Federal Regulations, 112 in effect on April 
17, 2003.  Failure to comply with those federal requirements in accordance with the 
deadlines set by the United States Environmental Protection Agency constitutes a 
violation of this Title.  If the department believes that a facility's plan does not satisfy 
those federal requirements, the department shall request an opinion from the United 
States Environmental Protection Agency as to the legal adequacy of the plan and any 
amendment necessary to bring the facility into compliance with those federal 
requirements.  The department shall prepare educational and technical materials for use 
by facilities affected by this subsection.  The commissioner shall report to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
by January 15, 2006 and on that date every 2 years thereafter on activities undertaken by 
the department under this subsection. 
Sec. 8.  38 MRSA §1310-N, sub-§6-D, as amended by PL 2001, c. 212, §5, is 
further amended to read: 
6-D.  Solid waste facilities licensed under rules valid on or after May 24, 1989.  A 
solid waste facility license issued under applicable solid waste management rules valid on 
or after May 24, 1989 remains in effect unless modified, under section 341-D, subsection 
or revoked or suspended under section 341-D 342, subsection 3 11-B.  These licensees 
must: 
A.  Comply with applicable operating rules adopted by the board; 
B.  Comply with annual facility reporting rules adopted by the board; and 
C.  Beginning 5 years after the date of issuance of the license, pay an annual facility 
reporting fee established by the commissioner.  The annual fee established in this 
paragraph must be an amount equal to 20% of the relicensing fee that would have 
applied to that facility. 
Notwithstanding the terms of this subsection, a license issued to a solid waste facility that 
is not a solid waste landfill may be voluntarily surrendered by the license holder upon 
department approval. 
Sec. 9.  38 MRSA §1319-O, as amended by PL 2005, c. 549, §6, is further 
amended to read: 
§1319-O.  Rule-making authority; hazardous waste, waste oil and biomedical waste 
1.  Hazardous waste.  Rulemaking This subsection governs rulemaking for 
hazardous waste shall be as follows. 
A.  The board commissioner may adopt and amend rules identifying hazardous waste.  
It is the intent of the Legislature that the board commissioner shall identify as 
hazardous waste those substances that are identified by the United States 
Environmental Protection Agency in proposed or final regulations.  The Legislature 
also intends that the board commissioner may identify as hazardous waste, in 
accordance with paragraph B subparagraph (2), other substances in addition to those 
identified by the United States Environmental Protection Agency.  Further, the 
Legislature intends that a substance that has been identified as a hazardous waste by 
the board must commissioner may be removed from identification only by further 
rulemaking by the board commissioner. 
Hazardous waste may be identified as follows. 
(1)  The board commissioner may identify any substance as a hazardous waste if 
that substance is identified as hazardous by particular substance, by 
characteristic, by chemical class or as a waste product of a specific industrial 
activity in proposed or final rules of the United States Environmental Protection 
Agency. 
(2)  The board commissioner may identify any substance as a hazardous waste if 
the board commissioner, after evaluation based on existing data or data 
reasonably extrapolated from previously conducted studies using similar classes 
of substances or compounds under similar circumstances, has determined that the 
substance is an acute or chronic toxin causing significant potential adverse public 
health or environmental effects.  An acute or chronic toxin may include the 
characteristics of:  
(a)  Carcinogenicity; 
(b)  Mutagenicity; 
(c)  Teratogenicity; or 
(d)  Infectiousness. 
Rules adopted under this subparagraph must be submitted to the joint standing 
committee of the Legislature having jurisdiction over natural resources for 
review.  These rules remain in effect until 90 days after adjournment of the next 
regular session of the Legislature unless adopted by legislative enactment. 
(3)  Whenever the board commissioner proposes to adopt or amend rules 
identifying hazardous waste or removing hazardous waste from identification, it 
the comissioner shall hold a public hearing. 
(4)  In addition to hazardous waste identified under subparagraphs (1) and (2), the 
Legislature identifies the following chemicals, materials, substances or waste as 
being hazardous waste: 
(a)  Polychlorinated biphenyls and any substance containing polychlorinated 
biphenyls. 
B.  The board commissioner may adopt rules relating to the handling of hazardous 
waste, including, but not limited to: 
(1)  Containerization and labeling of hazardous waste, consistent with applicable 
rules of other federal and state agencies; 
(2)  Reporting of handling of hazardous waste; and 
(3)  Waste which that is not compatible. 
C.  The board commissioner may adopt rules relating to transportation of hazardous 
waste, including, but not limited to: 
(1)  Licensing of transporters of hazardous waste, conveyances used for the 
transportation of hazardous waste and the operators of these conveyances; and 
licensing fees shall must be paid to the Maine Hazardous Waste Fund; and 
(2)  A manifest system for hazardous waste which that takes into consideration 
the requirements of the United States Resources Conservation and Recovery Act 
of 1976, Public Law 94-580, as amended, and this subchapter. 
D.  The board commissioner may adopt rules relating to the interim and final 
licensing and operation of waste facilities for hazardous waste, including, but not 
limited to: 
(1)  Standards for the safe operation and maintenance of the waste facilities, 
including, but not limited to, record keeping, monitoring before and during 
operation of the facility and after its termination of use or closure, inspections 
and contingency plans to minimize potential damage from hazardous waste; 
(2)  The training of personnel and the certification of supervisory personnel 
involved in the operation of the waste facilities; 
(3)  The termination, closing and potential future uses of the waste facilities; 
(4)  Rules equivalent to regulations of the United States Environmental 
Protection Agency that provide for licensing or permitting by rule; and 
(5)  Corrective action for all releases of hazardous waste or constituents from any 
solid waste management unit at a treatment, storage or disposal facility seeking a 
permit under this subchapter, regardless of the time waste was placed in the unit.  
For purposes of this paragraph, "solid waste management unit" includes any 
waste pile, landfill, surface impoundment or land treatment facility from which 
hazardous constituents might migrate, regardless of whether the unit was 
intended for the management of solid or hazardous wastes. 
E.  The board commissioner may adopt rules relating to evidence of financial 
capacity of hazardous waste facilities' owners or operators, and of those who 
transport hazardous waste, to protect public health, safety and welfare and the 
environment, including, but not limited to: 
(1)  Liability insurance; 
(2)  Bonding; and 
(3)  Financial ability to comply with statutory and regulatory requirements or 
conditions. 
Evidence of financial capacity required by the board commissioner may include one, 
or any combination, of the following: insurance, guarantee, surety bond, letter of 
credit or qualification as a self-insurer.  In establishing the required evidence of 
financial capacity to further the purposes of this subchapter, the board commissioner 
may specify policy or other contractual terms, conditions or defenses that are 
necessary or that are unacceptable. 
F.  By January 1, 2000, the board shall adopt, at a minimum, the universal waste 
rules, excluding pesticides, promulgated by the United States Environmental 
Protection Agency as defined in 40 Code of Federal Regulations, Parts 9, 260, 261, 
262, 264, 265, 266, 268, 270 and 273. 
2.  Waste oil.  Rulemaking This subsection governs rulemaking for waste oil shall be 
as follows:. 
A.  The board commissioner may adopt rules relating to the transportation, collection 
and storage of waste oil to protect public health, safety and welfare and the 
environment.  The rules may include, without limitation, rules requiring licenses for 
waste oil dealers and the location of waste oil storage sites that are operated by waste 
oil dealers, evidence of financial capability and manifest systems for waste oil.  A 
person licensed by the department to transport or handle hazardous waste is not 
required to obtain a waste oil dealer's license, but the hazardous waste license must 
include any terms or conditions determined necessary by the department relating to 
the transportation or handling of waste oil; and. 
B.  The board commissioner may adopt rules relating to the registration, design and 
operation of used oil collection centers for the purposes of section 1319-Y.  Rules 
adopted pursuant to this paragraph are major substantive rules as defined in the 
Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A 2-A. 
3.  Handling and disposal of biomedical waste.  The board commissioner shall 
adopt rules relating to the packaging, labeling, handling, storage, collection, 
transportation, treatment and disposal of biomedical waste, including infectious and 
pathogenic waste, to protect public health, safety and welfare and the environment. 
A.  The rules must include, without limitation: 
(1)  Registration of biomedical waste generators; 
(2)  Handling of biomedical waste by generators; 
(3)  Licensing of biomedical waste transporters and the conveyances used for the 
transportation of biomedical waste; 
(4)  Implementation of a biomedical waste tracking or manifest system; 
(5)  Establishment of treatment and disposal standards; and 
(6)  Categories of biomedical waste subject to regulation under this subsection, 
consistent with the provisions of section 1303-C, subsection 1-A. 
B.  The board commissioner shall adopt rules governing the siting, licensing, 
operational and record-keeping requirements for biomedical waste treatment, storage 
and disposal facilities. 
C.  The board commissioner shall require evidence of financial capacity. 
D.  The board commissioner may assess licensing and registration fees sufficient to 
pay for the department's administrative costs in regulating biomedical waste. 
E.  The rules must provide transportation and disposal options for persons who 
generate fewer than 50 pounds of sharps per month that allow: 
(1)  The generator or an employee of the generator to transport properly packaged 
sharps to a licensed biomedical waste disposal facility or another medical facility 
that has volunteered to serve as a collection point for sharps if no more than 50 
pounds of sharps are transported in one trip; and 
(2)  The generator to mail properly packaged sharps to a licensed biomedical 
waste disposal facility in this State or a facility in another state if the carrier 
accepts those items and no more than 50 pounds are transported in any single 
package. 
For purposes of this paragraph, "sharps" means items that may cause puncture 
wounds or cuts, including hypodermic needles, syringes, scalpel blades, capillary 
tubes and lancets, and "properly packaged" means packaged in accordance with 
department rules and rules or requirements imposed by the mail carrier. 
SUMMARY 
This bill makes changes to various reporting requirements in the environmental 
protection laws.  It eliminates a biennial report to the Legislature by the directors of the 
Clean Government Initiative and regular reports by the Commissioner of Environmental 
Protection on the status of licensed discharges and oil spill prevention and control.  
Instead of requiring the commissioner to report annually to the Legislature on the surface 
water ambient toxic monitoring program, this bill requires a limited biennial executive 
summary.  It changes a cross-reference to correct the citation.  It changes rule-making 
authority regarding hazardous waste, waste oil  and biomedical waste by moving 
authority from the Board of Environmental Protection to the Commissioner of 
Environmental Protection.