reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 3: SOLID WASTE FACILITY SITING › 38 §1310-V. Moratorium

§1310-V. Moratorium
Prior to 91 days after the First Regular Session of the 113th Legislature adjourns, the department may not process or act upon any application or issue a license for a new commercial landfill facility or the substantial expansion of a commercial landfill facility. In processing applications after the moratorium, priority must be given to applications for commercial landfill facilities used for the disposal of solid waste that is generated by an energy recovery facility designed to reduce the volume or alter the physical characteristics of municipal solid waste and to produce electricity through incineration. Notwithstanding the provisions of Title 1, section 302, any application for a new or substantially expanded commercial landfill facility pending or filed after the effective date of this article and any application for an expanded commercial landfill facility filed after October 8, 1987, is subject to departmental rules regarding solid waste adopted pursuant to section 1304 and the provisions of Private and Special Law 1987, chapter 28. Notwithstanding other provisions of this Title, the department may not issue a license for a new or substantially expanded commercial landfill facility under this article or for an expanded commercial landfill facility, the application for which was filed after October 8, 1987, until the board has adopted rules pursuant to the provisions of Private and Special Law 1987, chapter 28.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §252 (AMD).]
For the purposes of this section, the term, "commercial landfill facility" is defined pursuant to section 1303‑C, except that the term does not include a waste facility that is controlled by the owners of an energy recovery facility or facilities and that is used exclusively for the disposal of ash or other wastes processed and thereby generated by such energy recovery facility or facilities.   [PL 1989, c. 878, Pt. B, §41 (AMD).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1987, c. 557, §4 (AMD). PL 1989, c. 878, §B41 (AMD). PL 1989, c. 890, §§A40,B252 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 3: SOLID WASTE FACILITY SITING › 38 §1310-W. County commissioners (REPEALED)

§1310-W. County commissioners
(REPEALED)
SECTION HISTORY
PL 1987, c. 557, §5 (NEW). PL 1987, c. 706, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 3: SOLID WASTE FACILITY SITING › 38 §1310-Z. Laboratory analyses

§1310-Z. Laboratory analyses
Laboratory analyses required in support of the licensing, operation, closure or postclosure care of a solid waste facility must be performed by a qualified laboratory. Six months after the adoption of laboratory certification rules required by Title 22, section 567, all laboratories must be certified or exempted from certification pursuant to those rules.   [PL 1993, c. 378, §9 (NEW).]
SECTION HISTORY
PL 1993, c. 378, §9 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 3: SOLID WASTE FACILITY SITING › 38 §1310-BB. Use of unauthorized tire management site or facility (REPEALED)

§1310-BB. Use of unauthorized tire management site or facility
(REPEALED)
SECTION HISTORY
RR 1995, c. 1, §33 (RNU). PL 1995, c. 314, §1 (NEW). PL 1995, c. 579, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2: SOLID WASTE MANAGEMENT SUBSIDY › 38 §1311. Findings; intent (REALLOCATED TO TITLE 38, SECTION 1310-A) (REPEALED)

§1311. Findings; intent
(REALLOCATED TO TITLE 38, SECTION 1310-A)
(REPEALED)
SECTION HISTORY
PL 1979, c. 383, §11 (NEW). PL 1979, c. 511, §2 (NEW). PL 1979, c. 640, §1 (AMD). PL 1979, c. 663, §238 (RAL). PL 1983, c. 566, §43 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2: SOLID WASTE MANAGEMENT SUBSIDY › 38 §1312. Solid waste subsidy (REPEALED)

§1312. Solid waste subsidy
(REPEALED)
SECTION HISTORY
PL 1979, c. 511, §2 (NEW). PL 1979, c. 640, §2 (AMD). PL 1983, c. 566, §44 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2: SOLID WASTE MANAGEMENT SUBSIDY › 38 §1313. Eligible facilities (REPEALED)

§1313. Eligible facilities
(REPEALED)
SECTION HISTORY
PL 1979, c. 511, §2 (NEW). PL 1979, c. 640, §3 (RPR). PL 1983, c. 566, §45 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2: SOLID WASTE MANAGEMENT SUBSIDY › 38 §1314. Eligible costs (REPEALED)

§1314. Eligible costs
(REPEALED)
SECTION HISTORY
PL 1979, c. 511, §2 (NEW). PL 1979, c. 640, §§4-6 (AMD). PL 1983, c. 566, §46 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2: SOLID WASTE MANAGEMENT SUBSIDY › 38 §1315. Administration (REPEALED)

§1315. Administration
(REPEALED)
SECTION HISTORY
PL 1979, c. 511, §2 (NEW). PL 1979, c. 640, §7 (AMD). PL 1983, c. 566, §47 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316. Prohibition

§1316. Prohibition
A person may not handle used motor vehicle tires at an uncontrolled tire stockpile in violation of an order issued under this subchapter.   [PL 1991, c. 517, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316-A. Investigation and enforcement

§1316-A. Investigation and enforcement
If the commissioner finds upon investigation that an area or location where used motor vehicle tires are or were handled, stored or disposed of is not licensed or is in violation of the solid waste management rules relating to tires and presents a significant fire hazard or a threat to public health or safety or to the environment, the commissioner may designate that location as an uncontrolled tire stockpile and may issue an administrative order directing the responsible party or parties to mitigate or eliminate the threatening or hazardous conditions posed by the uncontrolled tire stockpile.   [PL 1995, c. 579, §2 (NEW).]
An administrative order issued under this section must contain findings of fact describing, insofar as possible, and with reasonable specificity, the site of the activity and the danger to public health or safety or to the environment.   [PL 1995, c. 579, §2 (NEW).]
Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure.   [PL 2005, c. 330, §31 (AMD).]
The person to whom the order is directed shall comply immediately. That person may apply to the board for a hearing within 10 working days after receipt of the order. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn, and the department shall first establish the basis for the administrative order and for naming the person to whom the administrative order was directed. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7.   [PL 2005, c. 330, §31 (AMD).]
The Office of the State Fire Marshal may employ its enforcement powers as authorized in Title 25, section 2396 to require a responsible party or parties to take any action necessary to protect public health and safety from substantial and immediate fire danger posed by an uncontrolled tire stockpile.   [PL 1995, c. 314, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW). PL 1995, c. 314, §2 (AMD). PL 1995, c. 579, §2 (AMD). PL 2005, c. 330, §31 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316-B. Abatement; cleanup; mitigation

§1316-B. Abatement; cleanup; mitigation
If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316‑A or an administrative consent agreement issued pursuant to section 347‑A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may:   [PL 1995, c. 579, §3 (AMD).]
1.  Assistance.
Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
2.  Process and remove.
Cause the processing or removal of all stockpiled tires;
[PL 1995, c. 579, §4 (AMD).]
3.  Secure.
Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
4.  Equipment.
Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
5.  Alter.
Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity;
[PL 1995, c. 314, §3 (AMD).]
6.  Close.
Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or
[PL 1995, c. 314, §3 (AMD).]
7.  Consultation.
Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures.
[PL 1995, c. 314, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW). PL 1995, c. 314, §§3,4 (AMD). PL 1995, c. 579, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316-C. Liability; recovery by State

§1316-C. Liability; recovery by State
Each responsible party is jointly and severally liable for all costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury to, destruction of, loss of or loss of use of natural resources of the State resulting from the uncontrolled tire stockpile, including the reasonable costs of assessing natural resources damages. The commissioner shall demand prompt reimbursement of all costs incurred under sections 1316‑A and 1316‑B. If payment is not received by the State within 30 days of demand, the Attorney General may file suit in the Superior Court and may seek reimbursement of other costs and any other relief provided by law. Notwithstanding the time limits stated in this section, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.   [PL 2007, c. 655, §11 (AMD).]
The commissioner may not demand from responsible parties that are municipalities reimbursement of more than 10% of all costs incurred by the State under sections 1316‑A and 1316‑B.   [PL 1991, c. 517, Pt. A, §2 (NEW).]
In any suit filed under this section, the State need not prove negligence in any form or matter by a defendant. The State need only prove that a defendant is a responsible party and the site poses or posed or potentially poses or posed a threat or hazard to the health, safety or welfare of any citizen of the State or the environment of the State, to which the acts or omissions of the defendant are or were causally related. Punitive damages may be awarded by the court upon a finding that a responsible party acted in willful violation of law, rule or order in creating, increasing or maintaining an uncontrolled tire stockpile.   [PL 1991, c. 517, Pt. A, §2 (NEW).]
Funds recovered under this section must be deposited into the Tire Management Fund.   [PL 1995, c. 465, Pt. A, §23 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW). PL 1995, c. 465, §A23 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2007, c. 655, §11 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316-D. Immunity

§1316-D. Immunity
Notwithstanding Title 14, chapter 741, the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person to receive workers' compensation or other applicable benefits.   [PL 1991, c. 517, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-A: TIRE STOCKPILE ABATEMENT › 38 §1316-F. Tire Management Fund

§1316-F. Tire Management Fund
The Tire Management Fund is created within the department as a nonlapsing dedicated fund to pay the costs of tire stockpile abatement, remediation and cleanup. All funds appropriated or allocated to the fund must be deposited in the fund and the fund may accept grants, bequests, gifts or contributions from any person, corporation or governmental entity. The fund must be used for the purposes set forth in section 1316‑B. Permissible uses include providing financial incentives to tire processors to make the processing of tires economically feasible. The department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by March 1, 1996 on how the funds have been spent.   [PL 1995, c. 465, Pt. A, §24 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 465, §A24 (NEW). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-B: MANAGEMENT OF MOTOR VEHICLE TIRES › 38 §1316-L. Management of motor vehicle tires

§1316-L. Management of motor vehicle tires
1.  Disposal, storage and processing.
A person may not dispose of, store or process, or cause to be disposed of, stored or processed, used motor vehicle tires at a site or facility in this State that:
A. Is an uncontrolled tire stockpile that is the subject of an administrative order of the commissioner pursuant to section 1316‑A; or   [PL 1995, c. 579, §5 (NEW).]
B. Is unlicensed, unless the facility is exempt from licensing or otherwise authorized under state law to dispose of, store or process such tires.   [PL 1995, c. 579, §5 (NEW).]
[PL 1995, c. 579, §5 (NEW).]
2.  Transfer to tire transporter.
A person may not transfer custody or possession of scrap tires to any transporter if that person knows or has reason to believe the transporter:
A. Does not have a license or permit to transport scrap tires as required by department rules;   [PL 1995, c. 579, §5 (NEW).]
B. Does not have a manifest documenting the transport of such tires as required by department rules; or   [PL 1995, c. 579, §5 (NEW).]
C. Will transport or handle the scrap tires in violation of this subchapter or of subchapter II‑A or rules adopted pursuant to section 1304.   [PL 1995, c. 579, §5 (NEW).]
[PL 1995, c. 579, §5 (NEW).]
The department shall maintain current lists of uncontrolled tire stockpiles, licensed and authorized tire storage, disposal or processing facilities and transporters licensed or authorized to transport scrap tires.   [PL 1995, c. 579, §5 (NEW).]
SECTION HISTORY
PL 1995, c. 579, §5 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-C: DANGEROUS OR UNSAFE MATERIAL CONTROL › 38 §1316-O. Definitions

§1316-O. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 406, §1 (NEW).]
1.  Dangerous or unsafe material.
"Dangerous or unsafe material" means any substance or material that is capable of or likely to cause injury, including, but not limited to:
A. Pressure tanks such as propane tanks;   [PL 2005, c. 406, §1 (NEW).]
B. Flammable liquids or solids; and   [PL 2005, c. 406, §1 (NEW).]
C. Explosive materials such as dynamite or fireworks.   [PL 2005, c. 406, §1 (NEW).]
[PL 2005, c. 406, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 406, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 2-C: DANGEROUS OR UNSAFE MATERIAL CONTROL › 38 §1316-P. Prohibition; penalties

§1316-P. Prohibition; penalties
A person commits a civil violation for which a fine of not more than $500 may be assessed if, with respect to any dangerous or unsafe material that the person knows is dangerous or unsafe, that person knowingly:   [PL 2005, c. 406, §1 (NEW).]
1.  Conceals.
Conceals that material by placing it inside other waste material or covering it with other waste material; and
[PL 2005, c. 406, §1 (NEW).]
2.  Disposes at solid waste facility.
Disposes or causes another to dispose of such material in a solid waste facility.
[PL 2005, c. 406, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 406, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1317. Definitions

§1317. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1979, c. 730, §2 (NEW).]
1.  Discharge.
"Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air.
[PL 1979, c. 730, §2 (NEW).]
2.  Hazardous matter.
"Hazardous matter" means substances identified by the board under section 1319 that present a present or potential danger to the people of the State or to its natural environment when deposited on land or discharged on or into waters of the State or ambient air.
[PL 1979, c. 730, §2 (NEW).]
3.  Remove or removal.
"Remove" or "removal" means the mitigation of the danger created by hazardous matter by either:
A. Treatment or cleanup of a discharge of hazardous matter; or   [PL 1979, c. 730, §2 (NEW).]
B. Any action necessary to prevent or minimize danger from a discharge or threatened discharge.   [PL 1979, c. 730, §2 (NEW).]
[PL 1979, c. 730, §2 (NEW).]
4.  Responsible party.
"Responsible party" means the person having care, custody, possession or control of hazardous matter.
[PL 1979, c. 730, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1317-A. Discharge prohibited

§1317-A. Discharge prohibited
The discharge of hazardous matter into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air is prohibited unless licensed or authorized under state or federal law. For purposes of this section, the discharge of gaseous hazardous matter into the ambient air includes discharges within buildings or structures from sources that are not encapsulated within secondary containment. The discharge must be reported and removed as provided under section 1318‑B, subsections 1 and 3.   [PL 2005, c. 330, §32 (AMD).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW). PL 1991, c. 499, §22 (AMD). PL 2005, c. 330, §32 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1318. Mitigation of penalties

§1318. Mitigation of penalties
1.  Reporting.
The immediate reporting of a discharge or threatened discharge by the responsible party or by the person causing the discharge may be considered in mitigation of any criminal or civil penalties assessed under this subchapter.
[PL 1979, c. 730, §2 (NEW).]
2.  Removal.
If the responsible party or person causing the discharge immediately reports and removes the discharge in accordance with this subchapter, a plan submitted under section 1318‑C and the rules and orders of the board or commissioner, the party or person is not subject to criminal or civil penalties under this subchapter.
[PL 1991, c. 208, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW). PL 1989, c. 890, §§A40,B253 (AMD). PL 1991, c. 208, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1318-A. Recovery by State, counties and municipalities for expenditures for removal of discharges

§1318-A. Recovery by State, counties and municipalities for expenditures for removal of discharges
1.  Responsible party.
The responsible party or the person causing the discharge is liable for all acts and omissions of its servants and agents that are committed within the course and scope of their employment.
[PL 2005, c. 100, §1 (AMD).]
2.  State, counties and municipalities to recover for expenditures for removal.
Any person who permits, causes or is responsible for a prohibited discharge shall reimburse the State, counties and municipalities for all costs incurred, including personnel costs, in removing the discharge, including costs for ensuring public safety. Funds recovered under this section must be deposited to the account from which they were expended. Requests from the State for reimbursement, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General pursuant to Title 5, section 191, or, for county or municipal cost, to the District Attorney for collection.
[PL 2005, c. 100, §1 (AMD).]
In any suit to enforce claims of the State, a county or a municipality under this section, it is not necessary for the State, county or municipality to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge. The State, county or municipality need only plead and prove the fact of the prohibited discharge and that the discharge occurred while the hazardous matter was in the custody or control of the person causing, permitting or responsible for the discharge.   [PL 2005, c. 100, §1 (AMD).]
At the request of one or more municipalities, a county may bring legal action for recovery under this section on behalf of the municipality or municipalities. If the county is successful in the action, the county is entitled to recover the cost of the action and reasonable attorney's fees.   [PL 2005, c. 100, §1 (NEW).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW). PL 1989, c. 317, §1 (AMD). PL 1991, c. 817, §33 (AMD). PL 2005, c. 100, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1318-C. Spill prevention control and clean-up plan

§1318-C. Spill prevention control and clean-up plan
A responsible party may develop and submit to the commissioner spill prevention, control and clean-up plans referred to in this section as "the plan" to address discharges of hazardous matter.   [PL 1991, c. 208, §3 (NEW).]
1.  Plan content.
Spill prevention control and clean-up plans must include at a minimum the following information:
A. The hazardous matter and substances covered including the reportable quantity for each hazardous matter and mixture measured in pounds if a solid and in pounds and gallons if a liquid;   [PL 1993, c. 355, §53 (AMD).]
B. Any containment and diversionary structures or equipment where appropriate;   [PL 1991, c. 208, §3 (NEW).]
C. Inspection, maintenance and testing procedures for storage and containment areas;   [PL 1991, c. 208, §3 (NEW).]
D. A list of emergency response equipment and locations and a description of the capabilities of the equipment;   [PL 1991, c. 208, §3 (NEW).]
E. A description of employee training programs;   [PL 1991, c. 208, §3 (NEW).]
F. A description of areas in need of protection and method of protection;   [PL 1991, c. 208, §3 (NEW).]
G. A description of discharge detection devices and emergency warning systems;   [PL 1991, c. 208, §3 (NEW).]
H. A list of on-site emergency coordinators and the qualifications of on-site trained employee responders;   [PL 1991, c. 208, §3 (NEW).]
I. A description of evacuation procedures and assembly points;   [PL 1991, c. 208, §3 (NEW).]
J. Notification procedures for federal, state and local officials;   [PL 1991, c. 208, §3 (NEW).]
K. Procedures for supplying written reports to the department;   [PL 1991, c. 208, §3 (NEW).]
L. General response and clean-up protocols by substance or substance class;   [PL 1991, c. 208, §3 (NEW).]
M. Specific on-site containment, treatment or removal plans;   [PL 1991, c. 208, §3 (NEW).]
N. A description of the record-keeping process for responses involving the implementation of this plan;   [PL 1991, c. 208, §3 (NEW).]
O. A description and copies of mutual aid agreements and any agreements with clean-up contractors; and   [PL 1991, c. 208, §3 (NEW).]
P. A promulgation statement and date of plan adoption.   [PL 1991, c. 208, §3 (NEW).]
[PL 1993, c. 355, §53 (AMD).]
2.  Submission.
The plan and all amendments to the plan must be submitted to the commissioner upon adoption or amendment.
[PL 1991, c. 208, §3 (NEW).]
3.  Amendments.
The plan must be amended as necessary to reflect current conditions at the facility or as determined appropriate by the facility or state agencies.
[PL 1991, c. 208, §3 (NEW).]
SECTION HISTORY
PL 1991, c. 208, §3 (NEW). PL 1993, c. 355, §53 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1319. Powers of the board

§1319. Powers of the board
1.  Identification of hazardous matter.
A. Any substance designated as hazardous by the United States Environmental Protection Agency in proposed or final regulations under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code, Section 9602, and any substance identified as hazardous waste under section 1319‑O may be identified by rule as hazardous matter by the board.   [RR 2021, c. 1, Pt. A, §51 (COR).]
B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board.   [PL 1979, c. 730, §2 (NEW).]
C. Rules adopted under paragraph B shall be submitted to the Joint Standing Committee on Energy and Natural Resources for review. These rules shall become effective after the next regular session of the Legislature only if approved by Joint Resolution.   [PL 1979, c. 730, §2 (NEW).]
[RR 2021, c. 1, Pt. A, §51 (COR).]
2.  Rules.
The board shall have authority to adopt rules in order to:
A. Prescribe procedures for reporting discharges prohibited by this subchapter;   [PL 1979, c. 730, §2 (NEW).]
B. Prescribe procedures, methods, means and equipment to be used in the removal of discharges of hazardous matter; and   [PL 1979, c. 730, §2 (NEW).]
C. Exempt types or methods of discharges of hazardous matter from the requirements of this subchapter that the board determines do not present danger, imminent, present or delayed, to the people of the State or to its natural environment.   [PL 1999, c. 334, §13 (AMD).]
[PL 1999, c. 334, §13 (AMD).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW). PL 1997, c. 364, §40 (AMD). PL 1999, c. 334, §13 (AMD). RR 2021, c. 1, Pt. A, §51 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 3: HAZARDOUS MATTER CONTROL › 38 §1319-A. Duties of the commissioner

§1319-A. Duties of the commissioner
1.  Facilities.
The commissioner may undertake studies and evaluations necessary to develop suitable waste facilities.
[PL 1979, c. 730, §2 (NEW).]
2.  Training.
The commissioner may train state and local personnel to remove discharges of hazardous matter. Insofar as practical, the commissioner shall rely on existing sources to deliver this training.
[PL 1979, c. 730, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 730, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-B. Findings and purpose

§1319-B. Findings and purpose
The Legislature finds that the proper handling of hazardous waste and protection of the natural environment are important to the public health, safety and welfare. The Legislature also finds that spills and unlicensed discharges of hazardous waste may cause damage to owners and users of property, public and private recreational activities, the natural environment and the general health and safety of citizens of the State.   [PL 1981, c. 478, §7 (NEW).]
The Legislature further finds that it is in the public interest of the State and its citizens to provide the capability for prompt and effective response to spills and unlicensed discharges of hazardous waste and that this state's interest overweighs the economic burdens and any burden of strict liability imposed by this subchapter upon those engaged in generating, transporting and handling hazardous waste.   [PL 1981, c. 478, §7 (NEW).]
The Legislature further finds that substantial quantities of waste oil are contaminated by hazardous waste and that waste oil, if not properly handled, is a threat to the public health, safety and welfare and to the environment and therefore must be controlled.   [PL 1983, c. 342, §5 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 1983, c. 342, §5 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-C. Definitions

§1319-C. Definitions
As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1981, c. 478, §7 (NEW).]
1.  Discharge.
"Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of hazardous waste onto the land or into the water or ambient air.
[PL 1981, c. 478, §7 (NEW).]
2.  Remove or removal.
[PL 1985, c. 162, §10 (RP).]
3.  Responsible party.
"Responsible party" means any person who could be held liable under section 1319‑J.
[PL 2009, c. 501, §15 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 1985, c. 162, §10 (AMD). PL 2009, c. 501, §15 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-D. Maine Hazardous Waste Fund

§1319-D. Maine Hazardous Waste Fund
The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III. All fees, penalties, interest and other charges under this subchapter must be credited to this fund. This fund must be charged with the expenses of the department related to this subchapter and subchapter III, including costs of removal or abatement of discharges and costs of the inspection or supervision of hazardous waste activities and hazardous waste handlers.   [PL 2001, c. 212, §6 (AMD).]
Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities for hazardous waste management shall be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by statute. Interest received on that investment shall be credited to the fund.   [PL 1981, c. 478, §7 (NEW).]
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 1319‑E, subsection 1, paragraphs C and E for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 1319‑E, subsection 1, paragraphs A and D may be made as authorized by the State Controller following approval by the commissioner.   [PL 1997, c. 424, Pt. B, §10 (AMD).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 1985, c. 162, §11 (AMD). PL 1987, c. 750, §4 (AMD). PL 1989, c. 546, §14 (AMD). PL 1989, c. 890, §§A40,B256 (AMD). PL 1997, c. 424, §B10 (AMD). PL 2001, c. 212, §6 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-E. Disbursements from the Maine Hazardous Waste Fund

§1319-E. Disbursements from the Maine Hazardous Waste Fund
1.  Money disbursed.
Money in the Maine Hazardous Waste Fund may be disbursed by the commissioner for the following purposes, but for no other:
A. Costs incurred in the removal or abatement of an unlicensed discharge or threatened discharge of hazardous waste, waste oil or biomedical waste. Whenever practical, the commissioner may offer the responsible party the opportunity to remove or abate the discharge or threatened discharge;   [PL 1993, c. 355, §54 (AMD).]
B.   [PL 1989, c. 546, §15 (RP).]
C. Costs incurred for the purchase of necessary hazardous waste, waste oil and biomedical waste testing, response, inspection and monitoring equipment and supplies, response and compliance personnel and training of personnel in accordance with an allocation approved by the Legislature;   [PL 1993, c. 355, §54 (AMD).]
D. Amounts necessary to reimburse municipalities as required by section 1319‑R, subsection 3;   [PL 1989, c. 874, §8 (AMD).]
E. Costs incurred in the inspection or supervision of hazardous waste, waste oil and biomedical waste activities and handlers; and   [PL 2011, c. 653, §26 (AMD); PL 2011, c. 653, §33 (AFF).]
F. [PL 2011, c. 653, §27 (RP); PL 2011, c. 653, §33 (AFF).]
G. Costs incurred in the administration of chapter 27 or the provision of technical assistance under the technical assistance and recognition programs described in section 2326.   [PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
[PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF); PL 2011, c. 653, §§26, 27 (AMD); PL 2011, c. 653, §33 (AFF).]
2.  Limitation.
[PL 1987, c. 192, §28 (RP).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 1983, c. 342, §6 (AMD). PL 1985, c. 162, §12 (AMD). PL 1987, c. 192, §28 (AMD). PL 1987, c. 517, §26 (AMD). PL 1989, c. 546, §15 (AMD). PL 1989, c. 874, §§8-10 (AMD). PL 1989, c. 890, §§A40, B257 (AMD). PL 1991, c. 499, §23 (AMD). PL 1993, c. 355, §54 (AMD). PL 2009, c. 579, Pt. B, §10 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF). PL 2011, c. 653, §§26, 27 (AMD). PL 2011, c. 653, §33 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-F. Personnel and equipment

§1319-F. Personnel and equipment
The commissioner may employ personnel, subject to the Personnel Laws, and maintain equipment necessary to carry out the department's responsibilities under this subchapter.   [PL 1981, c. 478, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-J. Liability

§1319-J. Liability
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 must be deposited to the account from which they were expended. Requests for reimbursement, if not made within 30 days of demand, must be turned over to the Attorney General for collection.   [PL 2021, c. 186, §13 (AMD).]
In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge or threatened discharge. The State need only plead and prove the fact of the discharge or threatened discharge and that the discharge or threatened discharge occurred while the hazardous waste was in the custody or control of the person causing, permitting or responsible for the discharge or threatened discharge or that the discharge or threatened discharge occurred at or involved any real property, structure, equipment or conveyance under the custody or control of that person.   [PL 1981, c. 478, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 2021, c. 186, §13 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-K. Construction

§1319-K. Construction
This subchapter, being necessary for the general welfare, public health and public safety of the State and its inhabitants, shall be construed to effect the purposes set forth under this subchapter. No rule, regulation or order of the board may be stayed pending appeal under this subchapter.   [PL 1981, c. 478, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 4: MAINE HAZARDOUS WASTE FUND › 38 §1319-L. Exemption for treatment of corrosive hazardous wastes

§1319-L. Exemption for treatment of corrosive hazardous wastes
1.  Licensing.
A hazardous waste facility license is not required under section 1317‑A or 1319‑O for elementary neutralization units as defined in department rules for the owner or operator of the facility who complies with requirements of law applicable to elementary neutralization or elementary neutralization units. Requirements of law include waste discharge permits authorizing the discharge of treated waste, permit or other requirements for adoption of a spill prevention plan, and maintenance of collection and treatment equipment.
[PL 1995, c. 241, §1 (NEW).]
2.  Reporting.
Collection and handling of hazardous waste exempt from licensing under subsection 1 is also exempt from the reporting requirement under section 1318, subsection 1 and section 1318‑B, subsection 1 provided such wastes are discharged into a contained area, which may include a pipe or sewer.
[PL 1995, c. 241, §1 (NEW).]
SECTION HISTORY
PL 1995, c. 241, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 5: HAZARDOUS WASTE AND WASTE OIL › 38 §1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1310-A)

§1319-P. Municipal hazardous waste control
(REALLOCATED FROM TITLE 38, SECTION 1310-A)
Nothing in this chapter shall be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard under, or other action promulgated pursuant to, this chapter. Local ordinance provisions which touch on matters not dealt with by the chapter or which are more stringent than this chapter shall bind persons residing in the municipality.   [PL 1987, c. 517, §23 (RAL).]
SECTION HISTORY
PL 1987, c. 517, §23 (RAL).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 5: HAZARDOUS WASTE AND WASTE OIL › 38 §1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION 1304-A)

§1319-Q. Data collection; report
(REALLOCATED FROM TITLE 38, SECTION 1304-A)
1.  Data collection and monitoring.
The commissioner shall have data on the generation, transportation and handling of hazardous waste collected and monitored in a coordinated manner.
[RR 2007, c. 1, §21 (COR).]
2.  Report.
The commissioner shall biennially, prior to November 1st, prepare a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must cover the prior 2 calendar years and must include the following data:
A. The amount of hazardous waste by type that is generated, handled or transported within the State;   [PL 1987, c. 517, §13 (RAL).]
B. The amount of hazardous waste by type that is handled at commercial hazardous waste facilities within the State;   [PL 1987, c. 517, §13 (RAL).]
C. The number of hazardous waste facility permits by type currently active and the number granted and revoked in the year;   [PL 1987, c. 517, §13 (RAL).]
D. The amount of hazardous waste by type generated outside the State that was handled at permitted facilities within the State, and the amount of hazardous waste generated within the State that was handled at facilities located outside the State;   [PL 1987, c. 517, §13 (RAL).]
E. A list of hazardous waste facilities located within the State and those located outside the State which are available for use by generators in the State; and   [PL 1987, c. 517, §13 (RAL).]
F. A list of known firms that provide testing, consulting, brokerage, waste exchange, transport or other services to hazardous waste generators.   [PL 1987, c. 517, §13 (RAL).]
[PL 2007, c. 292, §38 (AMD).]
3.  Facility needs plan.
[PL 1993, c. 355, §56 (RP).]
4.  Legislative recommendations.
[PL 2007, c. 292, §38 (RP).]
5.  Procedural requirements.
[PL 2007, c. 292, §38 (RP).]
SECTION HISTORY
PL 1987, c. 517, §13 (RAL). PL 1989, c. 890, §§A40,B262 (AMD). PL 1993, c. 355, §§55-57 (AMD). PL 2007, c. 292, §38 (AMD). RR 2007, c. 1, §21 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 5: HAZARDOUS WASTE AND WASTE OIL › 38 §1319-V. Corrective action

§1319-V. Corrective action
1.  Requirement.
The facility owner or operator shall undertake corrective action beyond the facility boundary or site to remove the danger to public health or the environment unless the facility owner or operator demonstrates to the satisfaction of the board that the owner or operator is unable to undertake the action and despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action. If the board makes these findings, the facility owner or operator is not relieved of responsibility to clean up a release that has migrated off the facility site. The board shall decide how to proceed on a case-by-case basis.
[PL 1989, c. 794, §8 (NEW).]
2.  Compliance schedules.
If corrective action can not be completed by an applicant prior to issuance of a license pursuant to this subchapter, the license must contain a schedule of compliance for corrective action.
[PL 1989, c. 794, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 794, §8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 5: HAZARDOUS WASTE AND WASTE OIL › 38 §1319-W. Rights of action against financial guarantors

§1319-W. Rights of action against financial guarantors
If the owner or operator of a facility permitted under this subchapter is in liquidation, reorganization or adjustment pursuant to the federal Bankruptcy Reform Act of 1978, Public Law 95-598, as amended, or when, with reasonable diligence, jurisdiction in any state court or any federal court can not be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial capacity must be provided under this subchapter may be asserted by the department directly against the guarantor providing evidence of financial capacity. For the purpose of this section, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial capacity for an owner or operator under this subchapter.   [PL 1989, c. 794, §8 (NEW).]
1.  Rights of guarantor.
In any action pursuant to this section, the guarantor is entitled to invoke all rights and defenses that would be available to the owner or operator if any action was brought against the owner or operator by the claimant and that would be available to the guarantor if an action was brought against the guarantor by the owner or operator.
[PL 1989, c. 794, §8 (NEW).]
2.  Liability.
The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial capacity to the board on behalf of the owner or operator under this subchapter. Nothing in this section may be construed to limit any other liability of a guarantor to its owner or operator as established by state or federal statutory, contractual or common law including, but not limited to, the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this section may be construed to diminish the liability of any person under this subchapter or other applicable law.
[PL 1989, c. 794, §8 (NEW).]
SECTION HISTORY
PL 1989, c. 794, §8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 5: HAZARDOUS WASTE AND WASTE OIL › 38 §1319-X. Criteria for development of waste oil facilities and biomedical waste facilities

§1319-X. Criteria for development of waste oil facilities and biomedical waste facilities
The following criteria for facility development apply to an application for a waste oil 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.   [PL 2021, c. 186, §16 (AMD).]
1.  Financial capacity.
The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards.
[PL 1993, c. 383, §38 (NEW).]
2.  No adverse effect on the natural environment.
The applicant has provided adequately for fitting the project harmoniously into the existing natural environment and the project will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.
[PL 1993, c. 383, §38 (NEW).]
3.  Ground water.
The proposed project does not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur.
[PL 1993, c. 383, §38 (NEW).]
4.  Soil types and erosion.
The project will be built on soil types suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment.
[PL 1993, c. 383, §38 (NEW).]
5.  Traffic movement.
The applicant has provided adequately for traffic movement of all types into, out of or within the project area. The department shall consider traffic movement both on site and off site, including safety and congestion along waste conveyance transportation routes. The Department of Transportation shall provide the department with an analysis of traffic movement of all types into, out of or within the project area.
[PL 1993, c. 383, §38 (NEW).]
6.  Infrastructure.
The applicant has provided adequately for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project and the project will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services.
[PL 1993, c. 383, §38 (NEW).]
7.  Flooding.
The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure.
[PL 1993, c. 383, §38 (NEW).]
The department may not issue a license for a waste oil facility if the proposed facility overlies a significant ground water aquifer or a primary sand and gravel recharge area.   [PL 2021, c. 186, §17 (AMD).]
SECTION HISTORY
PL 1993, c. 383, §38 (NEW). PL 2021, c. 186, §§15-17 (AMD).