reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1662. Labeling and consumer information

§1662. Labeling and consumer information
1.  Labeling required for certain products.
Effective January 1, 2002, a manufacturer may not sell at retail in this State or to a retailer in this State, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform to the requirements of this subsection.
The board shall adopt rules to establish standards for affixing labels to the product and product package. The rules must strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
This subsection applies to mercury-added lamps effective January 1, 2006, except that it does not apply to products containing mercury-added lamps. The manufacturer of a mercury-added lamp is in compliance with this subsection if the manufacturer labels all mercury-added lamps sold in this State in compliance with similar requirements adopted by another state.
[PL 2005, c. 148, §3 (AMD).]
2.  Mercury-added lamps; large use applications.
A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection.
A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractor's arrangements are for the management of the mercury in the removed lamps.
[PL 1999, c. 779, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2005, c. 148, §3 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1663. Disposal ban

§1663. Disposal ban
After July 15, 2002, a person may not knowingly place a mercury-added product in solid waste for disposal in a solid waste disposal facility. This section may not be construed to affect existing laws, rules or regulations governing disposal of mercury-added products prior to July 15, 2002.   [PL 1999, c. 779, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1664. Source separation

§1664. Source separation
1.  Removal from service; products containing mercury.
When a mercury-added product is removed from service, the mercury in the item must be reused, recycled or otherwise managed to ensure compliance with section 1663.
A person who is in the business of replacing or repairing a mercury-added product in households shall ensure, or deliver the item to a facility that will ensure, that the mercury contained in an item that is replaced or repaired is reused, recycled or otherwise managed in compliance with section 1663.
[PL 1999, c. 779, §2 (NEW).]
2.  Thermostats.
[PL 2009, c. 501, §23 (RP).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2003, c. 640, §1 (AMD). PL 2009, c. 501, §23 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1665. Automobile component parts (REPEALED)

§1665. Automobile component parts
(REPEALED)
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2001, c. 373, §4 (AMD). PL 2001, c. 656, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1666. Household hazardous waste exemption

§1666. Household hazardous waste exemption
A person who uses mercury-added products in that person's home is not subject to the provisions of section 1663 or 1664 until January 1, 2005 with respect to those products the person uses in that person's home and is not subject to fines or penalties for noncompliance with the provisions of section 1663 or 1664 with respect to those products the person uses in that person's home.   [PL 1999, c. 779, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1667. Dental procedures

§1667. Dental procedures
1.  Prevention plan.
By July 15, 2002, the department shall work with dentists and other interested parties to develop a pollution prevention plan for mercury from dental procedures that provides for reasonable measures to reduce mercury pollution from dental procedures and related sources. The plan must include options and strategies for implementing source reduction.
[PL 2003, c. 301, §2 (NEW).]
2.  Dental office defined.
For purposes of this section, "dental office" means any dental clinic, dental office or dental practice, but does not include the practice of oral and maxillofacial surgery.
[PL 2003, c. 301, §2 (NEW).]
3.  Amalgam separator system required.
No later than December 31, 2004, a dental office that, in the course of treating its patients, adds, removes or modifies dental amalgam must install an amalgam separator system in the wastewater line in accordance with the following:
A. Wastewater containing dental amalgam particles must pass through the amalgam separator system prior to discharge to either a publicly owned treatment works or a private septic or waste disposal system, and waste containing dental amalgam must be collected from the amalgam separator system and disposed of in a manner satisfactory to the department;   [PL 2003, c. 301, §2 (NEW).]
B. Once the amalgam separator system has been installed, the dental office must notify the department in writing:
(1) Of the type of system installed;
(2) That the system is certified as meeting the standards required in accordance with section 1661, subsection 1‑A;
(3) Of the date upon which the system became operational; and
(4) Of the method of disposing of the material after removal from the separator system.
If the amalgam separator system is connected to a publicly owned treatment works, the dental office shall provide the same notification to the director or chief engineer of that facility;   [PL 2003, c. 301, §2 (NEW).]
C. Installation, operation and maintenance of an approved amalgam separator system by a dentist in accordance with manufacturer's recommendations must fulfill the requirements of this section. A dentist must demonstrate proper operation and maintenance by maintaining, for a period of 3 years, all shipping records for replacement filters sent to licensed recyclers and written documentation that demonstrates that the system has been properly inspected and maintained; and   [PL 2003, c. 301, §2 (NEW).]
D. The department, after receiving proper notification of the installation of the amalgam separator system and after being satisfied that it meets the requirements of this section, must provide the dentist or the dental practice with written confirmation of receipt of evidence of compliance with this section in a format suitable for display by the dental office.   [PL 2003, c. 301, §2 (NEW).]
[PL 2003, c. 301, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2003, c. 301, §2 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1668. Education program

§1668. Education program
The department shall implement an education program relating to mercury-added products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are available to the public.   [PL 2011, c. 655, Pt. GG, §19 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2011, c. 655, Pt. GG, §19 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1669. Technical assistance to municipalities

§1669. Technical assistance to municipalities
The department shall assist interested municipalities and regional associations in developing collection programs for mercury-added products.   [PL 2011, c. 655, Pt. GG, §20 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2011, c. 655, Pt. GG, §20 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1670. Mercury Products Advisory Committee (REPEALED)

§1670. Mercury Products Advisory Committee
(REPEALED)
SECTION HISTORY
PL 1999, c. 779, §2 (NEW). PL 2001, c. 373, §5 (AMD). PL 2003, c. 551, §19 (AMD). MRSA T. 38 §1670, sub-§9 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-B: MERCURY-ADDED PRODUCTS AND SERVICES › 38 §1671. Interstate clearinghouse

§1671. Interstate clearinghouse
The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section 1661‑B, applications for alternative labeling under section 1662, education and outreach activities and any other activities related to the administration of this chapter. Notwithstanding section 1310‑B, subsection 2, the department may provide the interstate clearinghouse with product information submitted to the department under section 1661‑A and the department and the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries do not identify any manufacturer or reveal any confidential information.   [PL 2001, c. 373, §6 (NEW).]
SECTION HISTORY
PL 2001, c. 373, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS › 38 §1681. Definitions

§1681. Definitions
As used in this chapter, unless the context otherwise indicates, "arsenic-treated wood" means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate, commonly referred to as "CCA," or similar arsenic-based wood-preserving chemical mixtures.   [PL 2003, c. 457, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 457, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS › 38 §1682. Restriction on sale

§1682. Restriction on sale
The following restrictions apply to the sale of arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003.   [PL 2003, c. 457, §2 (NEW).]
1.  Purchase of arsenic-treated wood by retail business.
Retail businesses that sell wood for residential use may not purchase arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003.
[PL 2003, c. 457, §2 (NEW).]
2.  Sale of arsenic-treated wood.
Beginning April 1, 2004, a person may not sell or offer for sale arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. This prohibition does not apply to structures already built containing arsenic-treated wood that are included as part of a residential real estate transaction.
[PL 2003, c. 457, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 457, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-C: ARSENIC-TREATED WOOD PRODUCTS › 38 §1683. Statute not admissible in evidence

§1683. Statute not admissible in evidence
This chapter may not be admitted in evidence or offered as an exhibit for any purpose in any civil trial against any wholesaler, retailer or installer of arsenic-treated wood. This section does not apply in cases of enforcement actions brought by the State.   [PL 2003, c. 457, §2 (NEW).]
SECTION HISTORY
PL 2003, c. 457, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1692. Declaration of policy

§1692. Declaration of policy
It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to reduce exposure of children and other vulnerable populations to chemicals of high concern by substituting safer alternatives when feasible. By enactment of this chapter, the Legislature confers upon the department the regulatory power to collect information on chemical use and prohibit the sale of children's products containing priority chemicals when safer alternatives are available. The policy represented in this chapter is in furtherance of the toxics use reduction policies under chapter 27.   [PL 2009, c. 579, Pt. B, §12 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2009, c. 579, Pt. B, §12 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1693. Identification of chemicals of concern

§1693. Identification of chemicals of concern
1.  Criteria.
By January 1, 2010, the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall publish a list of chemicals of high concern, referred to after September 1, 2011 as "the list of chemicals of concern." A chemical may be included on the list only if it has been identified by an authoritative governmental entity on the basis of credible scientific evidence as being:
A. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;   [PL 2011, c. 319, §3 (RPR).]
B. Persistent, bioaccumulative and toxic; or   [PL 2011, c. 319, §3 (RPR).]
C. Very persistent and very bioaccumulative.   [PL 2011, c. 319, §3 (RPR).]
[PL 2011, c. 319, §3 (RPR).]
2.  Revisions.
By January 1, 2012, the department, with input from interested persons and with the concurrence of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall remove any chemical from the list published pursuant to subsection 1 that it finds is:
A. Used solely in an item that is not a consumer product, including, but not limited to, a food or beverage, drug or biologic, paper or forest product or pesticide; or   [PL 2011, c. 319, §3 (NEW).]
B. Used solely in a consumer product that is exempt from the requirements of this chapter pursuant to section 1697.   [PL 2011, c. 319, §3 (NEW).]
The department may periodically review and revise the list published pursuant to subsection 1. The department may add chemicals to the list if, in the judgment of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, the chemical meets one or more of the criteria in subsection 1.
[PL 2011, c. 319, §3 (RPR).]
3.  Removal by petition.
A person may petition the department to remove a chemical from the list published pursuant to subsection 1. The department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, may grant a petition if the person demonstrates to the satisfaction of the department that the chemical:
A. Does not meet the criteria for listing pursuant to subsection 1; or   [PL 2011, c. 319, §3 (NEW).]
B. Meets the criteria for removal from the list pursuant to subsection 2.   [PL 2011, c. 319, §3 (NEW).]
Upon receipt of a petition under this subsection, the department shall notify interested persons and provide an opportunity for review and comment on the evidence submitted by the petitioner. The department shall make a determination within 180 days of receipt of the petition and notify interested persons of the basis for its decision. If the petition is granted, the department shall immediately remove the chemical from the list published pursuant to subsection 1.
[PL 2011, c. 319, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2011, c. 319, §3 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1693-A. Identification of chemicals of high concern

§1693-A. Identification of chemicals of high concern
1.  List.
By July 1, 2012, the department shall publish a list of no more than 70 chemicals of high concern. The Department of Health and Human Services, Maine Center for Disease Control and Prevention, in consultation with the department, shall develop the list. To be listed as a chemical of high concern, a chemical must be on the list of chemicals of concern pursuant to section 1693 and meet the eligibility criteria of subsection 2.
[PL 2011, c. 319, §4 (NEW).]
2.  Criteria.
A chemical of concern on the list of chemicals of concern pursuant to section 1693 may be included in the list published pursuant to subsection 1 if the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, determines that there is strong credible scientific evidence that the chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen, and there is strong credible scientific evidence that the chemical meets one or more of the following criteria:
A. The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other bodily tissues or fluids;   [PL 2011, c. 319, §4 (NEW).]
B. The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or   [PL 2011, c. 319, §4 (NEW).]
C. The chemical has been added to or is present in a consumer product used or present in the home.   [PL 2011, c. 319, §4 (NEW).]
[PL 2011, c. 319, §4 (NEW).]
3.  Updates.
The commissioner shall review the list published pursuant to subsection 1 at least every 3 years. The commissioner shall remove any chemical from the list of chemicals of high concern that has been designated as a priority chemical pursuant to section 1694 or that no longer meets any of the criteria of subsection 2. The commissioner may identify additional chemicals of high concern according to the criteria and requirements of this section. The list of chemicals of high concern may not consist of more than 70 or fewer than 10 chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of the criteria under subsection 2.
[PL 2011, c. 319, §4 (NEW).]
4.  Rules.
The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2011, c. 319, §4 (NEW).]
SECTION HISTORY
PL 2011, c. 319, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1694. Identification of priority chemicals

§1694. Identification of priority chemicals
Effective July 1, 2012, a chemical is eligible for designation as a priority chemical only if that chemical has been identified and listed as a chemical of high concern pursuant to section 1693‑A.   [PL 2011, c. 319, §5 (NEW).]
1.  Criteria.
The department may designate a chemical of high concern as a priority chemical if the commissioner finds, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention:
A. The chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine or other bodily tissues or fluids;   [PL 2007, c. 643, §2 (NEW).]
B. The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or   [PL 2011, c. 319, §5 (AMD).]
C. [PL 2011, c. 319, §5 (RP).]
D. The chemical is present in a consumer product used or present in the home.   [PL 2011, c. 319, §5 (AMD).]
E. [PL 2011, c. 319, §5 (RP).]
F. [PL 2011, c. 319, §5 (RP).]
[PL 2019, c. 315, §16 (AMD).]
2.  Designation.
The commissioner shall designate at least 2 priority chemicals by January 1, 2011. The department may designate additional priority chemicals if the commissioner finds that the chemicals meet one of the criteria listed in subsection 1.
[PL 2019, c. 315, §16 (AMD).]
The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2019, c. 315, §17 (AMD).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2011, c. 319, §5 (AMD). PL 2019, c. 315, §§16, 17 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1698. Interstate clearinghouse to promote safer chemicals

§1698. Interstate clearinghouse to promote safer chemicals
The department is authorized to participate in an interstate clearinghouse to promote safer chemicals in consumer products in cooperation with other states and governmental entities. The department may cooperate with the interstate clearinghouse to classify existing chemicals in commerce into one of 5 categories: chemicals of high concern, chemicals of concern, chemicals of potential concern, chemicals of unknown concern and chemicals of low concern.   [PL 2011, c. 319, §10 (AMD).]
The department may also cooperate with the interstate clearinghouse in order to organize and manage available data on chemicals, including information on uses, hazards and environmental concerns; to produce and inventory information on safer alternatives to specific uses of chemicals of concern and on model policies and programs; to provide technical assistance to businesses and consumers related to safer chemicals; and to undertake other activities in support of state programs to promote safer chemicals.   [PL 2007, c. 643, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2011, c. 319, §10 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1699. Education and assistance

§1699. Education and assistance
As resources allow, the department shall develop a program to educate and assist consumers and retailers in identifying children's products that may contain priority chemicals.   [PL 2007, c. 643, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1699-A. Enforcement and implementation

§1699-A. Enforcement and implementation
1.  Failure to provide notice.
A children's product containing a priority chemical may not be sold, offered for sale or distributed for sale in this State if the manufacturer or distributor has failed to provide information required under section 1695 by the date required in that section. The commissioner shall exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare.
[PL 2007, c. 643, §2 (NEW).]
2.  Certificate of compliance.
If there are grounds to suspect that a children's product is being offered for sale in violation of this chapter, the department may request the manufacturer or distributor of the product to provide a certificate of compliance with the provisions of this chapter. Within 30 days of receipt of a request under this subsection, the manufacturer or distributor shall:
A. Provide the department with the certificate attesting that the children's product does not contain the priority chemical; or   [PL 2007, c. 643, §2 (NEW).]
B. Notify persons who sell the product in this State that the sale of the children's product is prohibited and provide the department with a list of the names and addresses of those notified.   [PL 2007, c. 643, §2 (NEW).]
[PL 2011, c. 319, §11 (AMD).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW). PL 2011, c. 319, §11 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 16-D: TOXIC CHEMICALS IN CHILDREN'S PRODUCTS › 38 §1699-B. Donations to the State

§1699-B. Donations to the State
The department, through the Governor, may accept donations, grants and other funds to carry out the purposes of this chapter.   [PL 2007, c. 643, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 643, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1701. Short title

§1701. Short title
This chapter may be cited as the "Maine Refuse Disposal District Enabling Act."   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1702. Declaration of policy

§1702. Declaration of policy
1.  Policy.
It is the policy of the State to encourage the development of refuse disposal districts consisting of:
A. A municipality; or   [PL 1983, c. 820, §2 (NEW).]
B. Two or more municipalities, so that those districts may economically construct and operate refuse disposal systems to assist in the abatement of pollution and to enhance the public health, safety and welfare of the citizens of the State. For purposes of this chapter, a village corporation created by a private and special Act of the Legislature shall be considered a municipality, except that this Act shall not be construed as granting authority to any village corporation to enact ordinances.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
2.  Formation of district.
A refuse disposal district may be formed where:
A. There is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collection, transporting and disposing of domestic, commercial and industrial solid wastes within the proposed district;   [PL 1983, c. 820, §2 (NEW).]
B. These purposes can be effectively accomplished therein on an equitable basis by a refuse disposal district if created; and   [PL 1983, c. 820, §2 (NEW).]
C. The creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
3.  Furtherance of Maine Hazardous Waste, Septage and Solid Waste Management Act.
It is the policy of the State to encourage the development of refuse disposal districts that further the policy of the Maine Hazardous Waste, Septage and Solid Waste Management Act as it pertains to nonhazardous solid waste programs.
[RR 1993, c. 1, §134 (COR).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). RR 1993, c. 1, §134 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1703. Purposes

§1703. Purposes
The purposes of each district formed under this chapter are to construct, maintain, operate or otherwise provide for a system of solid waste management for domestic, commercial and industrial solid waste and, in conjunction, to foster resource conservation and resource recovery for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district. It is anticipated that, in the furtherance of the purpose and declaration of policy of this Act, each district may contract and otherwise act in conjunction with a variety of public, private and municipal firms, corporations and persons.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1704. Exemption from taxation

§1704. Exemption from taxation
1.  Exemption.
As formerly provided in section 1554, the property, both real and personal, rights and franchises, of any district formed under this chapter shall be exempt from taxation.
[PL 1983, c. 820, §2 (NEW).]
2.  Limitation.
Notwithstanding subsection 1, the land of any district formed under this chapter shall be subject to property taxation in the jurisdiction where the property is located.
[PL 1983, c. 820, §2 (NEW).]
3.  Payments in lieu of taxes.
A district may elect to make payments in lieu of taxes to communities in which its property is located or utilized.
[PL 1983, c. 820, §2 (NEW).]
4.  Service charges permitted.
A district shall be subject to service charges when these charges are calculated according to the actual cost of providing municipal services to the real property of the district and to the persons who use that property. These services shall include, but are not limited to:
A. Fire protection;   [PL 1983, c. 820, §2 (NEW).]
B. Police protection;   [PL 1983, c. 820, §2 (NEW).]
C. Road maintenance and construction, traffic control, snow and ice removal;   [PL 1983, c. 820, §2 (NEW).]
D. Water and sewer service;   [PL 1983, c. 820, §2 (NEW).]
E. Sanitation services; and   [PL 1983, c. 820, §2 (NEW).]
F. Any services other than education and welfare.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1706. Relationship to other law

§1706. Relationship to other law
This chapter provides an additional and alternative method for carrying out the purposes of this chapter and is supplemental and additional to powers conferred by other laws, including the provisions of chapter 13, pertaining to solid waste, and is not in derogation of any powers now existing. The exercise of authority under this chapter is subject to any restriction imposed under chapter 24.   [PL 1989, c. 585, Pt. E, §36 (AMD).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). PL 1989, c. 585, §E36 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 1: GENERAL PROVISIONS › 38 §1707. Reimbursement of costs to municipalities

§1707. Reimbursement of costs to municipalities
At the sole discretion of the board of directors of the district, any municipality or municipalities which fall within a district formed under this chapter shall be entitled to reimbursement of reasonable incurred costs from that district when the financial position of the district allows. The term "costs," as used in this section, includes, but is not limited to, the following: Cost of preparation of an engineering study or studies; legal costs with relation to the application and presentation of any application for the formation of the district; other engineering costs that may not be included in a study; costs for financial advice; administrative expense; and such other expenses as may be necessary or incidental to the action of any municipality under this chapter, including funding provided pursuant to an agreement entered into pursuant to Title 30, chapter 203.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1722. Approval and organization

§1722. Approval and organization
When the residents of the municipality, or each municipality when more than one is involved, or the municipal officers, as the case may be, have voted upon the formation of a proposed disposal district and all of the other questions submitted, the clerk of each of the municipalities shall make a return to the department in such form as the department may determine. If the department finds from the returns that each of the municipalities involved, voting on each of the articles and questions submitted to them, has voted in the affirmative, and that the municipalities have appointed the necessary directors and listed the names of the directors to represent each municipality, and that all other steps in the formation of the proposed disposal district are in order and in conformity with law, the department shall make a finding to that effect and record the finding upon its records. When 3 or more municipalities are concerned in the voting, and at least 2 have voted to approve each of the articles and questions submitted, appointed the necessary directors and listed the names of the directors to represent each municipality, rejection of the proposed disposal district by one or more does not defeat the creation of a district composed of the municipalities voting affirmatively on the question, if the department determines and issues an order stating that it is feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively, unless the vote submitted to the municipalities provided that specific participants or a minimum number of participants must approve the formation of the district.   [PL 2011, c. 655, Pt. GG, §23 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
The department, immediately after making its findings, shall issue a certificate of organization in the name of the disposal district in such form as the department determines. The original certificate must be delivered to the directors on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the department is conclusive evidence of the lawful organization of the disposal district. The disposal district is not operative until the date set by the directors under section 1726.   [PL 2011, c. 655, Pt. GG, §23 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). PL 1989, c. 869, §B3 (AMD). PL 1989, c. 890, §§A40,B277 (AMD). PL 1991, c. 66, §B9 (RPR). PL 1995, c. 656, §A30 (AMD). PL 2011, c. 655, Pt. GG, §23 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1723. Transfer of property and assets

§1723. Transfer of property and assets
When the territory of a municipality falls within a disposal district which has been issued its certificate of organization and has assumed the management of and responsibility for disposal services within its territorial limits, the directors of the disposal district shall determine what disposal property or properties, if any, owned by any municipality within the disposal district shall be necessary to carry on the functions of the disposal district and shall request in writing that the municipal officers of any municipality within the disposal district convey title to the disposal property to the disposal district and the municipal officers shall make the conveyance. The disposal district shall pay fair compensation for the property or properties. Any request by the directors of the district shall be made in writing within 2 years of the date of the certificate of organization or the effective date on which a new member joins the district, whichever is appropriate, and shall be limited to facilities existing as of the date of the certificate of organization or the effective date on which a new member joins the district, whichever is appropriate.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1724. Directors

§1724. Directors
1.  Authorization.
All of the affairs of a disposal district must be managed by an appointed board of directors that consists of not less than 3 directors. The exact number of directors must be determined in accordance with section 1721. Each director is entitled to the number of votes that corresponds to the level of population in that director's municipality as set forth in the following table, unless an alternative method of apportioning votes is approved by a majority vote of the municipal officers representing each member of the disposal district prior to or at the time of formation.
Population
No. of Votes
0 - 1,000
1
1,001 - 2,500
2
2,501 - 5,000
3
5,001 - 10,000
4
10,001 - 15,000
5
15,001 - 25,000
6
25,001 - 35,000
7
35,001 - 50,000
8
50,001 - 65,000
9
65,001 and over
10
A director may not split votes. In the event a municipality has more than one director, directors from that municipality shall share equally the number of votes for that municipality but may vote independently of each other. A determination of population must be made based upon the latest official Decennial Census of the United States by the United States Bureau of Census. A disposal district may alter the number of its directors by submitting the proposed alteration to the voters in the same manner as provided in section 1721, subsection 7. No municipality within any disposal district may have less than one director. A quorum of the directors may conduct the affairs of the district even if there is a vacancy on the board of directors. A quorum is defined as a simple majority of eligible and appointed directors, provided that a majority of the member municipalities are represented. A simple majority of directors voting, either in person or by written consent, may conduct the affairs of the district.
[PL 1999, c. 557, §1 (AMD).]
2.  Term.
Subject to section 1721, subsection 5, as to the duration of terms to be served by initial directors, all directors shall hold office for 3 years and until their successors are duly appointed and qualified. Any representative may be appointed to successive terms without limit.
[PL 1983, c. 820, §2 (NEW).]
3.  Vacancy.
Any vacancy on the board of directors must be filled within 30 days after the vacancy occurs by appointment of the municipal officers of the municipality that the appointee is to represent. An appointee to a vacancy serves until the expiration of the term of the representative to whose position the appointment was made and may be reappointed.
[RR 2021, c. 2, Pt. B, §290 (COR).]
4.  Directors' retirement.
Directors shall not be eligible to join the Maine Public Employees Retirement System as a result of their selection as directors.
[PL 1983, c. 820, §2 (NEW); PL 2007, c. 58, §3 (REV).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). PL 1993, c. 11, §1 (AMD). PL 1993, c. 597, §1 (AMD). PL 1999, c. 557, §1 (AMD). PL 2007, c. 58, §3 (REV). RR 2021, c. 2, Pt. B, §290 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1726. Responsibility to accept solid waste

§1726. Responsibility to accept solid waste
1.  Time of responsibility.
The district becomes responsible for providing a system for solid waste disposal when its board of directors declares the disposal system operational.
[PL 1983, c. 820, §2 (NEW).]
2.  Types of waste.
The district shall provide a system for disposal of all solid waste generated by residential and commercial activities within the member municipalities. To the extent requested by member municipalities, the district shall also provide for the disposal of compatible solid waste from industrial activities within a member municipality to the same extent the municipality is providing a system of solid waste disposal at the date of its vote to join the district, provided that the industrial waste is disposed of at no cost to other member municipalities. Following formation of the district, the board of directors may allow for the disposal of the waste of any other industrial activities within a member municipality. The district may provide for the disposal of sludge through contract with a member municipality or quasi-municipal corporation serving the member municipality, provided that the sludge is disposed of at no cost to the other member municipalities. The district may provide for the disposal of any or all demolition and construction waste or yard waste from any member municipality. The district may contract with a nonmember municipality or a private entity for the disposal of solid waste generated within or outside the boundaries of the district. The district may provide for disposal of any hazardous waste generated from district operations.
[PL 1983, c. 820, §2 (NEW).]
3.  Collection sites or systems.
Each member municipality shall be responsible for providing a collection site or system for the solid waste generated within the member municipality and for the transportation of the solid waste to the waste facility designated by the district, together with all incident costs. Any member municipality may contract with the district to provide collection and transportation services.
[PL 1983, c. 820, §2 (NEW).]
4.  Refusal of material; damages.
The district may refuse to accept any material which does not meet the definition of solid waste from residential, commercial or industrial activities.
[PL 1983, c. 820, §2 (NEW).]
5.  Disposal.
Disposal shall be in accordance with the environmental statutes administered by the department.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1727. Admission of new member municipalities

§1727. Admission of new member municipalities
The board of directors may authorize the inclusion of additional member municipalities in the district upon the terms and conditions as the board, in its sole discretion, determines to be fair, reasonable and in the best interest of the district, except that on proper application any municipality that is host to a waste facility of the district must be admitted on equal terms with existing members if the new member municipality assumes or becomes responsible for a proportionate share of liabilities of the district in a manner similar to that of existing municipalities. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board of directors of the district. The directors shall determine the effects and impacts that are likely to occur if the municipality is admitted and shall either grant or deny authority for admission of the petitioning municipality. If the directors grant the authority, they shall also specify any terms and conditions, including, but not limited to, financial obligations upon which the admission is predicated. The petitioning municipality shall comply with the voting procedures specified in section 1721. The vote, if in the affirmative, must be certified by the clerk of that municipality to the board of directors and to the department. Upon satisfactory performance of the terms and conditions of admission, the municipality by resolution of the board of directors becomes and thereafter is a member municipality of the district. The clerk of the district shall promptly certify to the agency and the Secretary of State that the municipality has become a member of the district. The certification is conclusive evidence that the municipality is a lawful member of the district. Upon admission of a municipality to a district, the provisions of section 1724 determine the number of votes to be cast by the director or directors representing that municipality.   [PL 2011, c. 655, Pt. GG, §26 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). PL 1989, c. 869, §B5 (AMD). PL 1989, c. 890, §§A40,B279 (AMD). PL 1991, c. 66, §B11 (RPR). PL 1995, c. 656, §A33 (AMD). PL 2011, c. 655, Pt. GG, §26 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 2: ORGANIZATION › 38 §1729. Dissolution

§1729. Dissolution
1.  Method.
In the event all member municipalities vote to withdraw pursuant to section 1728, the board of directors shall vote to dissolve the district. The board of directors may, at any time by 2/3 vote, recommend to the member municipalities that the district be dissolved. If such a recommendation is made, the municipal officers in each member municipality shall cause the question of dissolving the district to be put to the voters in each municipality in referendum. If the voters in 2/3 of the municipalities vote to dissolve the district, the district shall be dissolved by the board of directors at a time fixed by the board of directors.
[PL 1983, c. 820, §2 (NEW).]
2.  Assets and liabilities.
Upon dissolution, the directors shall wind up the affairs of the district and shall liquidate the district's assets and liabilities as follows:
A. Pay all expenses and debts of the district; and   [PL 1983, c. 820, §2 (NEW).]
B. Distribute all assets and liabilities proportionately among the member municipalities in accordance with the formula contained in section 1754 for guarantees and assessments.   [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
3.  Filing of articles of dissolution.
A copy of the articles of dissolution shall be filed with the Secretary of State by the board of directors.
[PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 17: MAINE REFUSE DISPOSAL DISTRICT ENABLING ACT › Subchapter 3: POWERS › 38 §1732. Real and personal property and right of eminent domain

§1732. Real and personal property and right of eminent domain
Each disposal district formed under this chapter may acquire and hold real and personal property which it deems necessary for its purposes, and is granted the right of eminent domain; and for those purposes may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, as for public uses any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining and operating refuse disposal, resource disposal, resource recovery and resource conservation facilities and may provide for the conversion of waste to energy and the transmission thereof.   [PL 1983, c. 820, §2 (NEW).]
No property may be so taken, except as may be necessary for the construction of steam and electric transmission lines, roads and communications equipment, unless the property is located within the disposal district.   [PL 1983, c. 820, §2 (NEW).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW).