An Act To Establish and Promote a System of Safe Disposal of Expired Marine Flares
Maine Legislature, Session 129, LD 0430
Committee: Criminal Justice and Public Safety
Sponsors: McCREIGHT, DESCHAMBAULT, BEEBE-CENTER, COREY, COSTAIN, RECKITT, TUCKER, TUELL, WARREN

Legislative Document
No. 430
H.P. 339
House of Representatives, January 29, 2019
An Act To Establish and Promote a System of Safe 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 DESCHAMBAULT of York and
Representatives: BEEBE-CENTER of Rockland, COREY of Windham, COSTAIN of 
Plymouth, McDONALD of Stonington, RECKITT of South Portland, TUCKER of Brunswick, 
TUELL of East Machias, WARREN of Hallowell.
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 and oversee a program for the convenient and safe 
collection of expired marine flares pursuant to this section.
1.  Site collection.  The commissioner shall coordinate the following site collection 
operations.
A.  The commissioner shall, in coordination with a statewide association of fire 
chiefs, identify fire departments in the State that have the capacity and willingness to 
accept expired marine flares from members of the public.  A participating fire 
department may choose to designate the geographic area from which the fire 
department will accept expired marine flares.  A participating fire department and the 
commissioner shall coordinate for timely pickup of the collected expired marine 
flares.
B.  The commissioner shall coordinate with sponsors of annual community events 
that choose to include expired marine flare collection as part of their events.
C.  The commissioner shall coordinate with marinas, municipalities and groups that 
organize events at which the public is invited to drop off expired marine flares for 
timely collection.
2.  Short-term storage.  The commissioner shall provide guidance for short-term 
storage to persons collecting expired marine flares under subsection 1 if the 
commissioner determines that safety equipment or special procedures are required.
3.  Direct collection.  The commissioner shall designate fire inspectors to collect 
expired marine flares in a timely way from individuals who fish commercially and 
recreational boaters in the State who contact the Department of Public Safety to notify the 
department of expired marine flares in need of disposal.
§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.  Short-term storage.  Expired marine flares collected pursuant to section 2492 
that require short-term storage must be stored according to standards established by the 
Department of Public Safety.  
2.  Sorting.  Expired marine flares collected pursuant to section 2492 must be sorted 
by type for proper incineration.
3.  Incineration.  Expired marine flares sorted pursuant to subsection 2 must be 
incinerated at temperatures that are safe within Department of Environmental Protection 
standards for preventing air pollution.
4.  Recycling.  To the extent practicable, material from incinerated expired marine 
flares must be recycled.
§2494.  Education program
The commissioner shall establish an education program for the public and state 
agencies 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 and personnel of the Department of Public 
Safety, 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 and other potentially interested entities about the 
programs of collection and disposal of expired marine flares under this chapter, the 
dangers expired marine flares pose to public health and the dangers expired marine flares 
that are improperly disposed of pose to the environment and to safety of persons and 
property.
2.  Department websites.  The Department of Public Safety shall maintain a publicly 
accessible 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 of Public Safety, 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 publicly accessible websites that are 
suited for the purpose with information regarding the collection and disposal of expired 
marine flares pursuant to this chapter.
3.  Printed materials.  Materials published by a state agency and intended for those 
who fish commercially or for recreational boaters must, in printings that occur on or after 
the effective date of this subsection, include information about environmental and safety 
concerns related to improper disposal and storage of expired marine flares.  The programs 
of collection and disposal of expired marine flares established pursuant to this chapter 
must be described in these print materials, including contact information for the 
Department of Public Safety's expired marine flare collection and disposal program.
4.  State agency notification.  The commissioner shall notify other state agencies or 
entities as the commissioner determines appropriate about the expired marine flare 
collection and disposal program under this chapter.
SUMMARY
This bill establishes within the Department of Public Safety programs for the 
collection and disposal of expired marine flares and for education of the public and state 
agency personnel regarding expired marine flares.