An Act To Improve Safety in the Disposal of Expired Marine Flares
Maine Legislature, Session 128, LD 0252
Committee: Criminal Justice and Public Safety
Sponsors: McCREIGHT, MIRAMANT, ALLEY, BLUME, DEVIN, HUBBELL, KUMIEGA, SIMMONS, TUELL, VITELLI

Legislative Document
No. 252
H.P. 185
House of Representatives, January 31, 2017
An Act To Improve Safety in the Disposal of Expired Marine Flares
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: ALLEY of Beals, BLUME of York, DEVIN of Newcastle, HUBBELL of Bar 
Harbor, KUMIEGA of Deer Isle, SIMMONS of Waldoboro, TUELL of East Machias, Senator: 
VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  25 MRSA c. 318-A is enacted to read: 
CHAPTER 318-A 
EXPIRED MARINE FLARES 
§2491.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Commissioner.  "Commissioner" means the Commissioner of Public Safety or the 
commissioner's designee. 
2.  Expired.  "Expired" means, with regard to a marine flare, beyond the 
manufacturer-designated period of recommended use. 
3.  Fire inspector.  "Fire inspector" means a person designated by the commissioner 
to collect expired marine flares. 
4.  Marine flare.  "Marine flare" means a device designed to produce a bright flame 
for use as a signal or marker on the inland or coastal waters of the State or at sea. 
§2492.  Collection program 
The commissioner shall establish a program for the convenient and safe collection of 
expired marine flares pursuant to this section. 
1.  Fire departments.  In cooperation with municipal authorities, the commissioner 
shall designate fire department facilities throughout the State for the collection and safe 
retention of expired marine flares. 
2.  Site collection.  The commissioner shall designate fire inspectors to collect 
expired marine flares from the facilities described under subsection 1.  The fire inspectors 
shall collect the expired marine flares on a regular basis throughout the calendar year and 
deliver them for incineration pursuant to section 2493. 
3.  Direct collection.  The commissioner shall establish a program of direct collection 
of expired marine flares by fire inspectors from persons who fish commercially and 
recreational boaters in the State, including through coordination with the sponsors of 
events at which persons who fish commercially and recreational boaters are invited to 
drop off their expired marine flares. 
§2493.  Disposal program 
The commissioner shall establish a program for the safe, nonpolluting disposal of all 
types of expired marine flares pursuant to this section. 
1.  Collection and sorting.  Marine flares collected pursuant to section 2492 must be 
sorted by type for proper incineration. 
2.  Incineration.  Expired marine flares sorted pursuant to subsection 1 must be 
incinerated at temperatures that are safe within Department of Environmental Protection 
standards for preventing air pollution. 
3.  Recycling.  To the extent practicable, material from incinerated expired marine 
flares must be recycled. 
§2494.  Education program 
The commissioner shall establish a program of public education regarding expired 
marine flares pursuant to this section. 
1.  Education campaign.  The Department of Public Safety shall engage in an 
education campaign to inform the public about the programs of collection and disposal of 
expired marine flares under this chapter, the dangers that expired marine flares pose to 
the public health and welfare and the dangers those marine flares that are improperly 
disposed of pose to the environment. 
2.  Department websites.  The department shall maintain a public website 
supporting the education campaign under subsection 1 and serving as an information 
resource regarding expired marine flares and their proper disposal pursuant to this 
chapter.  The department, the Department of Agriculture, Conservation and Forestry, the 
Department of Inland Fisheries and Wildlife, the Department of Environmental 
Protection and the Department of Marine Resources shall coordinate to update their 
publications and websites that are suited for the purpose with information regarding the 
collection and disposal of expired marine flares pursuant to this chapter. 
SUMMARY 
This bill establishes within the Department of Public Safety programs for the 
collection and disposal of expired marine flares and for public education regarding 
expired marine flares.