An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Maine Legislature, Session 130, LD 1635
Committee: Environment and Natural Resources
Sponsors: TUCKER
Amends: 29-A MRSA §2054, 32 MRSA §10008, 38 MRSA §352, 38 MRSA §353, 38 MRSA §480-E, 38 MRSA §480-Q, 38 MRSA §1303-C, 38 MRSA §1319-H, 38 MRSA §1319-I, 38 MRSA §1319-J, 38 MRSA §1319-O, 38 MRSA §1319-X, 38 MRSA §1611, 38 MRSA §3113

Legislative Document
No. 1635
H.P. 1219
House of Representatives, April 28, 2021
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.
ROBERT B. HUNT
Clerk
Presented by Representative TUCKER of Brunswick.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2054, sub-§1, ¶G, as enacted by PL 1993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read:
G.  "Hazardous material response vehicle" means a vehicle equipped for and used in 
response to reports of emergencies resulting from actual or potential releases, spills or 
leaks of, or other exposure to, hazardous substances that is authorized by a mutual aid 
agreement pursuant to Title 37‑B, section 795, subsection 3 and approved by the local 
emergency planning committee or committees whose jurisdiction includes the area in 
which the vehicle operates.  "Hazardous material response vehicle" includes vehicles 
used by employees of the division of response services within the Department of 
Environmental Protection to respond to oil and hazardous materials incidents within 
the State.
Sec. 2.  32 MRSA §10008, as amended by PL 2001, c. 231, §9, is further amended 
to read:
§10008.  Reciprocity
A person who is a resident of the State and has been certified in another state as an 
underground oil storage tank installer or underground oil storage tank inspector may, upon 
payment of a fee as established under section 10012, obtain a certification as an 
underground oil storage tank installer or underground oil storage tank inspector, if that 
person submits satisfactory evidence of certification as an underground oil storage tank 
installer or underground oil storage tank inspector in another state under qualifications 
equivalent to those specified in this chapter.
Sec. 3.  38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 526, 
§2, is further amended by amending Table II to read:
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
TITLE 38 SECTION
PROCESSING 
FEE
ANNUAL 
LICENSE FEE
1278, Asbestos abatement
 A.  Asbestos abatement contractor
$0
$650
 B.  Asbestos abatement worker
 C.  Asbestos consultant
 D.  Asbestos analytical laboratory
 E.  Training provider
 F.  Other categories of asbestos professionals 
except asbestos abatement workers
 G.  Notification
1.  Project size greater than 100 square feet 
or 100 linear feet and less than 500 square 
feet or 2,500 linear feet
2.  Project size 500 square feet or 2,500 
linear feet, or greater, and less than 1,000 
square feet or 5,000 linear feet
3.  Project size 1,000 square 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 cubic yards or 
greater
1,400
 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
1310-N, Solid waste facility siting
 A.  Landfill
1. Existing, nonsecure municipal solid waste 
landfills accepting waste from fewer than 
15,000 people 
3,500
1,000
2. Existing, nonsecure municipal solid waste 
landfills accepting waste from more than 
15,000 people 
3,500
3,500
3. New or expanded for secure landfill
5,000
8,500
5. Nonsecure 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 acceptance of 
municipal or special wastes, or both 
3,500
5,000
2. Municipally owned and operated solid 
waste incinerators with licensed capacity of 
tons per day or less 
3,500
1,000
 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 assessment
1,400
 H.  Permit by rule for ongoing activities
3109, Redemption centers
Sec. 4.  38 MRSA §353, sub-§4-A, as enacted by PL 1993, c. 332, §1, is repealed.
Sec. 5.  38 MRSA §480-E, sub-§14 is enacted to read:
14.  Minor expansion of structures in a coastal sand dune system.  The department 
may authorize a one-time expansion of an existing residential or commercial structure in a 
coastal sand dune system through permit by rule if:
A.  The footprint of the expansion is contained within an impervious area that existed 
on January 1, 2021;
B.  The footprint of the expansion is no further seaward than the existing structure;
C.  The height of the expansion is within the height restriction of any applicable law or 
ordinance; and
D.  The expansion conforms to the standards for expansion of a structure contained in 
the municipal shoreland zoning ordinance adopted pursuant to article 2-B.
For the purposes of this subsection, "structure" does not include a seawall, retaining wall, 
closed fence or other structure used to stabilize the shoreline or to prevent the movement 
of sand or water. For the purposes of this subsection, expansion of an existing structure 
does not include a change from one type of structure to another.
Sec. 6.  38 MRSA §480-Q, sub-§31, as amended by PL 2011, c. 538, §9, is 
repealed.
Sec. 7.  38 MRSA §1303-C, sub-§38, as enacted by PL 1989, c. 585, Pt. E, §4, is 
amended to read:
38.  Transport.  "Transport" means the movement of hazardous or solid waste, waste 
oil, sludge or septage from the point of generation to any intermediate points and finally to 
the point of ultimate disposition. Movement of hazardous waste on the site where it is 
generated or on the site of a licensed waste facility for hazardous waste is not "transport." 
Movement of waste oil on the site where it is generated or on the site of a licensed waste 
oil dealer's facility is not "transport."
Sec. 8.  38 MRSA §1303-C, sub-§43, as enacted by PL 1989, c. 585, Pt. E, §4, is 
repealed.
Sec. 9.  38 MRSA §1319-H, sub-§1, ¶A, as amended by PL 1989, c. 878, Pt. H, 
§9, is further amended to read:
A.  Any person who applies for a license for a hazardous waste or waste oil facility 
shall pay the appropriate fee. An application for a license will not be considered 
complete and will not be processed until this fee is received. Application fees are as 
follows.
(1)  Disposal facility............... $10,000
(2)  Commercial treatment facility......7,000
(3)  On-site treatment facility.........4,000
(4)  Other waste facility for hazardous waste, including storage facilities ....2,500
(5)  Waste oil storage facility.........2,500
(6)  Treatment facility under license by rule provisions where the hazardous waste 
treated is 1,000 kilograms or less per calendar month......................................75
(7)  All other facilities for hazardous waste under license by rule 
provisions..........400
(8)  Facility post-closure license......2,000
Sec. 10.  38 MRSA §1319-H, sub-§2, as amended by PL 1989, c. 878, Pt. H, §10, 
is further amended to read:
2.  Annual fees.  Licensed hazardous waste and waste oil facilities are subject to the 
following annual fees.
A.  Disposal facility ..................... $1,500
B.  Commercial treatment facility and on-site treatment facility ......................... 1,000
C.  Other waste facilities for hazardous waste, including storage facilities 
..................500
D.  Waste oil storage facility ................500
E.  Treatment facility under license by rule provisions where the hazardous waste 
treated is 1,000 kilograms or less per calendar month..........................................100
F. 
All 
other 
facilities 
for 
hazardous 
waste 
under 
license 
by 
rule 
provisions.....................200
G.  Facility post-closure license..............500
Sec. 11.  38 MRSA §1319-I, sub-§3, as amended by PL 2005, c. 549, §4, is further 
amended to read:
3.  Fee for transportation into Maine from out of state.  If hazardous waste or waste 
oil is transported into Maine from out of state, the person who first transports the hazardous 
waste or waste oil into Maine shall pay the fee indicated by the schedules outlined in 
subsection 2 for hazardous waste or subsection 4‑A for waste oil, as if that person were the 
waste oil dealer.
Sec. 12.  38 MRSA §1319-I, sub-§4-A, as amended by PL 2005, c. 549, §5, is 
further amended to read:
4-A.  Fee on waste oil sale or disposal.  A fee of 2¢ a gallon on each gallon of waste 
oil transported, collected or stored must be paid by the waste oil dealer handler or 
transporter that first transports, collects or stores that waste oil.  Waste A waste oil dealers 
handler and transporter shall maintain records sufficient to determine whether the dealer 
handler or transporter is liable for any and all fees imposed pursuant to this subsection and 
shall submit such records to the commissioner as required by rule of the board.
Sec. 13.  38 MRSA §1319-J, first ¶, as enacted by PL 1981, c. 478, §7, is amended 
to read:
Any person who permits, causes or is responsible for a discharge or threatened 
discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, 
including personnel costs, in the removal of the discharge or threatened discharge. Funds 
recovered under this section shall must be deposited to the account from which they were 
expended. Requests for reimbursement, if not made within 30 days of demand, shall must 
be turned over to the Attorney General for collection.
Sec. 14.  38 MRSA §1319-O, sub-§2, ¶A, as amended by PL 2019, c. 315, §12, is 
further amended to read:
A.  The department may adopt rules relating to the transportation, collection and 
treatment, storage and disposal 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 transporters and waste oil facilities including waste 
oil management facilities, the location of waste oil treatment, storage and disposal 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.
Sec. 15.  38 MRSA §1319-X, as enacted by PL 1993, c. 383, §38, is amended by 
amending the section headnote to read:
§1319-X.  Criteria for development of waste oil storage facilities and biomedical waste 
facilities
Sec. 16.  38 MRSA §1319-X, first ¶, as enacted by PL 1993, c. 383, §38, is 
amended to read:
The following criteria for facility development apply to an application for a waste oil 
storage facility or a new or substantially modified biomedical waste treatment or disposal 
facility in addition to other criteria established by law or rule for those facilities.
Sec. 17.  38 MRSA §1319-X, last ¶, as enacted by PL 1993, c. 383, §38, is amended 
to read:
The department may not issue a license for a waste oil storage facility if the proposed 
facility overlies a significant ground water aquifer or a primary sand and gravel recharge 
area.
Sec. 18.  38 MRSA §1611, sub-§3, ¶A, as amended by PL 2019, c. 617, Pt. J, §1, 
is further amended to read:
A.  Beginning January 15, 2021 a retail establishment may use provide a recycled paper 
bag or a reusable bag made of plastic to bag products at the point of sale as long as the 
retail establishment charges a fee of at least 5¢ per bag.
(1)  All amounts collected pursuant to this paragraph are retained by the retail 
establishment and may be used for any lawful purpose.
(2)  A retail establishment may not rebate or otherwise reimburse a customer any 
portion of the fee charged pursuant to this paragraph.
Sec. 19.  38 MRSA §3113, sub-§1-A is enacted to read:
1-A.  Licensing fees.  An applicant under this section shall include the following fees 
with a license application and an annual license renewal application.
A.  An applicant for approval of a redemption center shall submit a $100 license fee with 
an initial application and subsequent annual applications.
B.  An applicant for approval as an initiator of deposit:
(1)  Of a small brewery as defined in Title 28-A, section 2, subsection 29 or a small 
winery as defined in Title 28-A, section 2, subsection 29-B that produces no more 
than 50,000 gallons of its product or a bottler of water that annually sells no more 
than 250,000 containers, each containing no more than one gallon of its product, 
shall submit an annual license fee of $50;
(2)  Of a small beverage producer whose total production of all beverages from all 
combined manufacturing locations is less than 50,000 gallons annually shall 
submit an annual license fee of $50; and
(3)  Other than under subparagraphs (1) or (2) shall submit an annual license fee 
of $500.
C.  An applicant for approval as a contracted agent for the collection of beverage 
containers shall submit a $500 annual license fee with each application.
SUMMARY
This bill makes changes to the laws administered by the Department of Environmental 
Protection relating to hazardous material response vehicles; underground oil storage tank 
installer and inspector certification; the Maine Environmental Protection Fund; waste 
management fees; the Natural Resources Protection Act; waste oil; recycled paper bags and 
reusable plastic bags; and beverage containers.