reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1279. Renewal

§1279. Renewal
Each license or certificate issued under this chapter expires one year after the date of issue. Licensees or certificate holders may apply to the commissioner for the renewal of a license or certificate. No renewal may be granted if the application is received more than 2 years following expiration of the previously issued license or certificate.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §221 (AMD).]
To qualify for renewal of a license or certificate, the applicant shall submit:   [PL 1987, c. 448, §1-C (NEW).]
1.  Fee.
The appropriate fee as prescribed in section 1278;
[PL 1987, c. 448, §1-C (NEW).]
2.  Training.
Evidence of completion of any continuing education or training that may be required by rules promulgated by the board; and
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §222 (AMD).]
3.  Disclosure.
A signed statement disclosing any violations of asbestos abatement standards for which the applicant may have been cited by a regulatory agency of the Federal Government or the State. If no citations were received during the previous year, that fact shall be stated. The disclosure shall include evidence that all penalties and fees assessed to the applicant are paid in full.
[PL 1987, c. 448, §1-C (NEW).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 1989, c. 890, §§A40,B221, 222 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1281. Emergency provisions

§1281. Emergency provisions
In an emergency that results from a sudden, unexpected event that is not a planned asbestos abatement project, including the emergency repair, installation, removal or servicing of heating equipment in single-unit residential buildings by persons licensed by the Maine Fuel Board under Title 32, chapter 139, the commissioner may waive the requirements for a license or certificate under this chapter. For the purposes of this section, emergency includes a sudden unexpected event that, if not immediately attended to, presents a safety or health hazard; operations necessitated by nonroutine failures of equipment or to protect equipment from damage; and actions of fire and emergency medical personnel pursuant to duties within their official capacities. Any person who performs an asbestos abatement activity, which activity would normally require notification pursuant to section 1273, subsection 2, under emergency conditions, shall notify the commissioner by phone within one working day and in writing within 3 days after performance of that activity.   [PL 2009, c. 344, Pt. D, §13 (AMD); PL 2009, c. 344, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 2005, c. 52, §2 (AMD). PL 2009, c. 344, Pt. D, §13 (AMD). PL 2009, c. 344, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1282. Standards of conduct

§1282. Standards of conduct
The Board of Environmental Protection shall promulgate rules which establish standards of acceptable professional conduct for licensees and certificate holders engaged in asbestos abatement activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee or certificate holder, the suspension or revocation of a license or certificate or the denial of the renewal of a license or certificate.   [PL 1987, c. 448, §1-C (NEW).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1283. Interim procedures

§1283. Interim procedures
In developing a program to implement this chapter, the commissioner shall provide for interim licensing and certification procedures to ensure a transition period of not less than 180 days before the application of the requirements established in this chapter.   [PL 1987, c. 448, §1-C (NEW).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-A: ASBESTOS › 38 §1284. Assistance from other departments

§1284. Assistance from other departments
The Commissioner of Administration, the Commissioner of Labor and the Commissioner of Health and Human Services shall assist the Commissioner of Environmental Protection in the enforcement of the licensing and certification requirements of this chapter.   [PL 1987, c. 448, §1-C (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1987, c. 448, §§1-C (NEW). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1292. Prohibitions

§1292. Prohibitions
1.  License or certificate required for residential lead-based paint activities.
A person may not engage in any residential lead-based paint activities in the State unless licensed or certified pursuant to this chapter.
[PL 1997, c. 375, §14 (NEW).]
2.  License or certificate required for lead-based paint activities in public buildings, commercial buildings and superstructures.
After the effective date of rules adopted by the department pursuant to section 1295 for licensing and certification to conduct lead-based paint activities in public buildings, commercial buildings and superstructures, a person may not engage in any lead-based paint activities in the State unless licensed or certified pursuant to this chapter.
[PL 1997, c. 375, §14 (NEW).]
3.  Notification required.
A person may not engage in any residential lead abatement activity unless that person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust. After the effective date of rules adopted by the department pursuant to section 1295 for notification of lead abatement activities in public buildings, commercial buildings and superstructures, a person may not engage in those lead abatement activities unless the person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust.
[PL 1997, c. 375, §14 (NEW).]
4.  Work practices.
All residential lead-based paint activities must be conducted in accordance with work practice standards adopted by rule pursuant to this chapter. After the effective date of rules adopted by the department pursuant to section 1295 for work practices pertaining to lead-based paint activities in public buildings, commercial buildings and superstructures, those lead-based paint activities must be conducted in accordance with the applicable work practice standards adopted by rule.
[PL 1997, c. 375, §14 (NEW).]
5.  Exemption.
A person who is 18 years of age or older need not obtain licensing and certification to perform lead abatement activities within a residential dwelling unit that the person owns and personally occupies, as long as a child residing in the dwelling unit has not been identified as lead-poisoned.
[PL 2023, c. 28, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 375, §14 (NEW). PL 1997, c. 624, §14 (AMD). PL 2003, c. 689, §B6 (REV). PL 2023, c. 28, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1293. Certification, licensing and accreditation requirements

§1293. Certification, licensing and accreditation requirements
1.  Certification and licensing.
The board shall adopt and amend rules necessary to govern the licensing of business or public entities, including, but not limited to, lead abatement contractors and in-house lead abatement units, the accreditation of lead training providers and the certification of lead abatement professionals.
[PL 1997, c. 375, §14 (NEW).]
2.  Approval of training courses.
The board shall adopt and amend rules establishing criteria and procedures for the approval of training courses and examinations that ensure the qualifications of applicants for certification as required in this chapter. These rules are routine, technical rules in accordance with Title 5, chapter 375, subchapter II‑A. To ensure a smooth transition period before the adoption of accreditation rules in conformance with the requirements of this chapter, the commissioner shall provide for interim accreditation of training providers by establishing procedures in accordance with 40 Code of Federal Regulations, Part 745, Subpart L, Section 745.228.
To qualify for approval, a training course must contain a combination of class instruction, practical application and public health procedures of a length and content that ensure adequate training for the level and type of responsibility for each named certification category.
Courses certified under this section must be conducted by instructors whose training and experience are determined by the commissioner to be appropriate for the subject matter being taught and the level of certification category for which the course is designed. Courses must be designed and conducted under the guidance of a training manager.
[PL 1997, c. 375, §14 (NEW).]
3.  Renewal.
A license or certificate issued under this chapter expires one year after the date of issue. A licensee or certificate holder may apply to the commissioner for the renewal of a license or certificate. A renewal may not be granted if the application is received more than 2 years following expiration of the previously issued license or certificate.
To qualify for renewal of a license or certificate, the applicant must submit:
A. The appropriate fees as prescribed by rule pursuant to section 1295;   [PL 1997, c. 375, §14 (NEW).]
B. Evidence of completion of any continuing education or training that may be required by rules adopted by the board; and   [PL 1997, c. 375, §14 (NEW).]
C. A signed statement disclosing any violations of lead abatement standards for which the applicant may have been cited by a regulatory agency of the Federal Government or the State. If no citations were received during the previous year, that fact must be stated. The disclosure must include evidence that all penalties and fees assessed to the applicant are paid in full.   [PL 1997, c. 375, §14 (NEW).]
[PL 1997, c. 375, §14 (NEW).]
SECTION HISTORY
PL 1997, c. 375, §14 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1294. Reciprocity agreement

§1294. Reciprocity agreement
The commissioner may develop reciprocity agreements with other states and with federally recognized tribes when the states and tribes have established licensing and certification and accreditation requirements that are at least as stringent as those set forth in this chapter.   [PL 1997, c. 375, §14 (NEW).]
SECTION HISTORY
PL 1997, c. 375, §14 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1295. Rules

§1295. Rules
The department shall adopt and amend rules to carry out the purposes of this chapter and to ensure that state law relating to lead-based paint activities satisfies minimum requirements of federal law in all respects. In adopting the rules, the department shall consult the regulations of the United States Department of Labor, Occupational Safety and Health Administration to ensure that the rules minimize duplicative requirements. The rules are routine, technical rules in accordance with Title 5, chapter 375, subchapter II‑A and may address, but are not limited to, the following:   [PL 1997, c. 375, §14 (NEW).]
1.  Licenses and certification.
Licensing lead abatement contractors and in-house lead abatement units, and certification of lead abatement professionals;
[PL 1997, c. 375, §14 (NEW).]
2.  Training programs.
Accreditation of training providers offering courses for lead abatement professionals and in lead awareness for homeowners and for contractors involved in renovation, remodeling and painting;
[PL 1997, c. 375, §14 (NEW).]
3.  Standards of acceptable work practices.
Criteria and procedures of acceptable work practices for licensees and certificate holders and for persons exempt from licensing and certification requirements;
[PL 1997, c. 375, §14 (NEW).]
4.  Standards of conduct.
Standards of acceptable professional conduct for licensees and certificate holders engaged in lead-based paint activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee or certificate holder, the suspension or revocation of a license or certificate or the denial of the renewal of a license or certificate; and
[PL 1997, c. 375, §14 (NEW).]
5.  Fees.
Establishing fees for notifications and annual fees for each license and certification category. The fees must be deposited in the Maine Environmental Protection Fund.
[PL 1997, c. 375, §14 (NEW).]
SECTION HISTORY
PL 1997, c. 375, §14 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1297. Assistance from other departments

§1297. Assistance from other departments
The Commissioner of Administrative and Financial Services, the Commissioner of Labor and the Commissioner of Health and Human Services shall assist the commissioner in the enforcement of the licensing and certification requirements of this chapter.   [PL 1997, c. 375, §14 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1997, c. 375, §14 (NEW). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 12-B: LEAD ABATEMENT › 38 §1298. Registry of leased lead-safe residential dwellings (REPEALED)

§1298. Registry of leased lead-safe residential dwellings
(REPEALED)
SECTION HISTORY
PL 2007, c. 628, Pt. B, §4 (NEW). PL 2009, c. 501, §14 (AMD). PL 2023, c. 147, §5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1301. Short title

§1301. Short title
This chapter shall be known and may be cited as the "Maine Hazardous Waste, Septage and Solid Waste Management Act."   [PL 1979, c. 383, §1 (AMD).]
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1979, c. 383, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1302. Declaration of policy

§1302. Declaration of policy
For the purposes of this chapter and chapter 24, the Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution, to establish a coordinated statewide waste reduction, recycling and management program.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds and declares that it is the policy of the State to pursue and implement an integrated approach to hazardous and solid waste management, which shall be based on the following priorities: reduction of waste generated at the source, including both the amount and toxicity of waste; waste reuse; waste recycling; waste composting; waste processing which reduces the volume of waste needing disposal, including waste-to-energy technology; and land disposal.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds that it is in the best interests of the State to prefer waste management options with lower health and environmental risk and to ensure that such options are neither foreclosed nor limited by the State's commitment to disposal methods. The Legislature declares that it is in the public interest to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finds that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource. At the same time, new technologies and industrial developments are making recycling and reuse of waste an increasingly viable and economically attractive option which carries minimal risk to the State and the environment and an option which allows the conservation of the State's limited disposal capacity.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature further finds that needed municipal waste recycling and disposal facilities have not been developed in a timely and environmentally sound manner because of diffused responsibility for municipal waste planning, processing and disposal among numerous and overlapping units of local government. The Legislature also finds that direct state action is needed to assist municipalities in separating, collecting, recycling and disposing of solid waste, and that sound environmental policy and economics of scale dictate a preference for public solid waste management planning and implementation on a regional and state level.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
The Legislature finally declares that the provisions of this chapter shall be construed liberally to address the findings and accomplish the policies in this section.   [PL 1989, c. 585, Pt. E, §2 (RPR).]
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1979, c. 383, §1 (AMD). PL 1983, c. 342, §1 (AMD). PL 1987, c. 517, §5 (RPR). PL 1989, c. 585, §E2 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1303. Definitions (REPEALED)

§1303. Definitions
(REPEALED)
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1977, c. 78, §208 (AMD). PL 1979, c. 383, §2 (RPR). PL 1979, c. 663, §§234,235 (AMD). PL 1979, c. 699, §§3-8 (AMD). PL 1981, c. 430, §§1-5 (AMD). PL 1981, c. 470, §A170 (AMD). PL 1981, c. 478, §§1,2 (AMD). PL 1981, c. 528, §1 (AMD). PL 1983, c. 342, §§2,3 (AMD). PL 1983, c. 432, §§1-3 (AMD). PL 1983, c. 743, §15 (AMD). PL 1985, c. 822, §§2,3 (AMD). PL 1987, c. 517, §6 (AMD). PL 1987, c. 769, §A181 (AMD). PL 1987, c. 787, §16 (AMD). PL 1989, c. 124, §1 (AMD). PL 1989, c. 585, §E3 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1303-A. Hazardous waste; additional rule-making authority (REPEALED)

§1303-A. Hazardous waste; additional rule-making authority
(REPEALED)
SECTION HISTORY
PL 1979, c. 699, §9 (NEW). PL 1981, c. 430, §6 (RPR). PL 1983, c. 395, §1 (AMD). PL 1983, c. 432, §4 (AMD). PL 1983, c. 467, §1 (AMD). PL 1983, c. 666 (AMD). PL 1983, c. 816, §B21 (AMD). PL 1985, c. 506, §A81 (AMD). PL 1987, c. 517, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1303-B. Waste oil dealers; rule-making authority (REPEALED)

§1303-B. Waste oil dealers; rule-making authority
(REPEALED)
SECTION HISTORY
PL 1983, c. 342, §4 (NEW). PL 1987, c. 517, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1304-A. Data; facility needs plan (REALLOCATED TO TITLE 38, SECTION 1319-Q)

§1304-A. Data; facility needs plan
(REALLOCATED TO TITLE 38, SECTION 1319-Q)
SECTION HISTORY
PL 1981, c. 478, §5 (NEW). PL 1983, c. 432, §6 (AMD). PL 1985, c. 481, §A97 (AMD). PL 1987, c. 517, §13 (RAL).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1304-C. Report; material-separated, refuse-derived fuel

§1304-C. Report; material-separated, refuse-derived fuel
Beginning on January 1, 1992, a municipal solid waste processing facility that produces any material-separated, refuse-derived fuel shall annually report the following information to the department:   [PL 1991, c. 220, §11 (NEW).]
1.  Total weight.
The total weight of municipal solid waste accepted by the facility during the previous 12 months by material category;
[PL 1991, c. 220, §11 (NEW).]
2.  Recycled weight.
The weight of the municipal solid waste recycled by the facility during the previous 12 months by material category;
[PL 1991, c. 220, §11 (NEW).]
3.  Material-separated, refuse-derived fuel production.
The weight of material-separated, refuse-derived fuel produced by the facility during the previous 12 months; and
[PL 1991, c. 220, §11 (NEW).]
4.  Disposition of remaining waste.
The disposition of any remaining waste.
[PL 1991, c. 220, §11 (NEW).]
SECTION HISTORY
PL 1991, c. 220, §11 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1305-A. Municipal participation for commercial hazardous waste facilities (REPEALED)

§1305-A. Municipal participation for commercial hazardous waste facilities
(REPEALED)
SECTION HISTORY
PL 1981, c. 478, §6 (NEW). PL 1981, c. 653, §§1-3 (AMD). PL 1985, c. 737, §A113 (AMD). PL 1987, c. 517, §18 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1305-B. Municipal notice of decommissioning waste

§1305-B. Municipal notice of decommissioning waste
1.  Disposal; notice.
A person may not dispose of decommissioning waste or transfer decommissioning waste to a facility defined in section 1303‑C, subsection 30 or 31 in this State without giving notice to the municipality in which the decommissioning waste is to be disposed of. Notice must be given at least 5 working days before the first scheduled disposal. The notice must include:
A. The type of decommissioning waste to be delivered to the facility;   [PL 1999, c. 739, §2 (AMD).]
B. The anticipated amount of decommissioning waste to be delivered to the facility;   [PL 1999, c. 739, §2 (AMD).]
C. The anticipated number of loads that will be delivered to the facility; and   [PL 1999, c. 739, §2 (AMD).]
D. The estimated delivery schedule of the decommissioning waste, including dates for delivery.   [PL 1999, c. 366, §1 (NEW).]
[PL 1999, c. 739, §2 (AMD).]
2.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Decommissioning waste" means any materials, whether solid or fluid, removed from a closed nuclear power plant, other than:
(1) Licensed discharges from the plant; and
(2) High-level radioactive waste and low-level radioactive waste regulated under chapter 14‑A.   [PL 1999, c. 366, §1 (NEW).]
B. "Dispose of" means to deposit or attempt to deposit in the land or waters of this State.   [PL 1999, c. 366, §1 (NEW).]
[PL 1999, c. 366, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 366, §1 (NEW). PL 1999, c. 739, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1306-A. Criminal provisions (REPEALED)

§1306-A. Criminal provisions
(REPEALED)
SECTION HISTORY
PL 1979, c. 699, §14 (NEW). PL 1981, c. 375 (AMD). PL 1981, c. 430, §§13-16 (AMD). PL 1987, c. 517, §19 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1306-B. Forfeiture; civil liability (REPEALED)

§1306-B. Forfeiture; civil liability
(REPEALED)
SECTION HISTORY
PL 1979, c. 699, §15 (NEW). PL 1981, c. 430, §17 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1306-C. Forfeiture; civil liability (REALLOCATED TO TITLE 38, SECTION 1319-U) (REPEALED)

§1306-C. Forfeiture; civil liability
(REALLOCATED TO TITLE 38, SECTION 1319-U)
(REPEALED)
SECTION HISTORY
PL 1981, c. 430, §18 (NEW). PL 1983, c. 432, §7 (AMD). PL 1983, c. 785, §14 (AMD). PL 1985, c. 785, §A113 (AMD). PL 1987, c. 517, §20 (RAL).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1307. Violations (REPEALED)

§1307. Violations
(REPEALED)
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1977, c. 300, §54 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1308. Exemptions

§1308. Exemptions
Rules and regulations adopted pursuant to this chapter concerning the location, establishment and construction of solid waste disposal facilities, but not concerning alteration or operation, shall not affect such facilities in existence prior to October 3, 1973. Landscape refuse and fill disposal sites established in connection with public works projects and commonly known as "stump dumps" are exempt from this chapter.   [PL 1973, c. 788, §213 (AMD).]
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1973, c. 788, §213 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1308-A. Hazardous waste facility closure (REALLOCATED TO TITLE 38, SECTION 1319-S) (REPEALED)

§1308-A. Hazardous waste facility closure
(REALLOCATED TO TITLE 38, SECTION 1319-S)
(REPEALED)
SECTION HISTORY
PL 1981, c. 303, §2 (NEW). PL 1983, c. 432, §8 (AMD). PL 1987, c. 517, §21 (RAL).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1309. Interstate cooperation

§1309. Interstate cooperation
The Legislature encourages cooperative activities by the department with other states for the improved management of hazardous and solid waste; for improved, and as far as is practicable, uniform state laws relating to the management of hazardous and solid waste; and compacts between this and other states for the improved management of hazardous and solid waste.   [PL 2011, c. 655, Pt. GG, §13 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1979, c. 383, §11 (NEW). PL 1987, c. 517, §22 (AMD). PL 1989, c. 585, §E19 (AMD). PL 2001, c. 22, §1 (AMD). PL 2011, c. 655, Pt. GG, §13 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1310. Emergency

§1310. Emergency
If the commissioner finds, after investigation, that any waste, whether or not hazardous waste, is being handled, transported or otherwise dealt with in a manner that may create a danger to public health or safety, the commissioner may order any person handling, transporting or otherwise dealing with the waste to immediately cease or prevent that activity and to take such action as may be necessary to terminate or mitigate the danger or likelihood of danger. The commissioner may also order any person contributing to the danger or likelihood of danger to cease or prevent that contribution.   [RR 2021, c. 2, Pt. B, §284 (COR).]
Any order issued under this section shall contain findings of fact describing, insofar as possible, the waste, the site of the activity and the danger to the public health or safety.   [PL 1979, c. 699, §16 (RPR).]
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, §29 (AMD).]
The person to whom the order is directed shall comply immediately. An order may not be appealed to the Superior Court, but a person to whom it is directed may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by the person to whom the order was directed. 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 commissioner shall first establish the basis for the order and for naming the person to whom the order is 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, §30 (AMD).]
SECTION HISTORY
PL 1979, c. 383, §11 (NEW). PL 1979, c. 699, §16 (RPR). PL 1981, c. 430, §19 (AMD). PL 1987, c. 192, §27 (AMD). PL 2005, c. 330, §§29,30 (AMD). RR 2021, c. 2, Pt. B, §284 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1310-A. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1311) (REALLOCATED TO TITLE 38, SECTION 1319-P)

§1310-A. Municipal hazardous waste control
(REALLOCATED FROM TITLE 38, SECTION 1311)
(REALLOCATED TO TITLE 38, SECTION 1319-P)
SECTION HISTORY
PL 1979, c. 663, §238 (RAL). PL 1987, c. 517, §23 (RAL).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1: GENERAL PROVISIONS › 38 §1310-B-1. Land Application Contaminant Monitoring Fund

§1310-B-1. Land Application Contaminant Monitoring Fund
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Fund" means the Land Application Contaminant Monitoring Fund under subsection 2.   [PL 2021, c. 478, §1 (NEW).]
B. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 32, section 1732, subsection 5‑A.   [PL 2021, c. 478, §1 (NEW).]
[PL 2021, c. 478, §1 (NEW).]
2.  Land Application Contaminant Monitoring Fund.
The Land Application Contaminant Monitoring Fund is established to be used by the department as a nonlapsing, revolving fund to test and monitor soil and groundwater for PFAS and other contaminants and for other related activities, including, but not limited to, abating or mitigating identified contamination and the effects of such contamination through the provision of access to safe drinking water, the installation of filter treatment systems or other actions.
A. The fund may accept revenue from any source, public or private, that may be available for carrying out the purposes of the fund. The department shall deposit with the Treasurer of State to the credit of the fund money in the fund not currently needed by the department to carry out the purposes of the fund, which may be invested as provided by law. Interest earned on investment of money under this paragraph must be credited to the fund.   [PL 2021, c. 641, §6 (AMD).]
B. The department may transfer money in the fund in excess of the amounts the department anticipates to be necessary to carry out the purposes of the fund to the Uncontrolled Sites Fund under section 1364, subsection 6 for the purposes of testing, monitoring or treating land contaminated by PFAS.   [PL 2021, c. 478, §1 (NEW).]
C. Beginning January 15, 2023, and every 2 years thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters regarding the uses of the fund and a summary of contamination identified. After reviewing the report, the joint standing committee may report out legislation related to the report.   [PL 2021, c. 478, §1 (NEW).]
[PL 2021, c. 641, §6 (AMD).]
3.  Handling fee.
[PL 2021, c. 641, §7 (RP).]
4.  Rules.
The board may adopt rules necessary for the administration of the fund and any underlying program or purpose under or funded by the fund. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 641, §8 (AMD).]
SECTION HISTORY
PL 2021, c. 478, §1 (NEW). PL 2021, c. 641, §§6-8 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-E. Closure and remediation of closed or abandoned solid waste landfills (REPEALED)

§1310-E. Closure and remediation of closed or abandoned solid waste landfills
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B237 (AMD). PL 1991, c. 519, §7 (AMD). PL 1993, c. 732, §C11 (RP). PL 2001, c. 626, §18 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-E-2. Investigation and remediation of landfills

§1310-E-2. Investigation and remediation of landfills
1.  Investigation.
The commissioner may investigate a solid waste landfill, including an abandoned landfill, when there is a reasonable basis to believe that an unauthorized discharge has occurred or may be occurring. The commissioner shall consult with and involve the affected municipality or municipalities in the conduct of the investigation and evaluation of the results of the investigation.
[PL 2001, c. 315, §2 (NEW).]
2.  Remediation recommendations.
When, after investigation, the commissioner has sufficient knowledge that a solid waste landfill poses a hazard to public health or the environment, the commissioner may undertake additional evaluations to develop a recommended plan for remediation of the hazard. Remediation recommendations must ensure a level or standard of control of pollutants in surface waters at least as stringent as the water quality criteria established under chapter 3, subchapter I, article 4‑A. Those recommendations must also seek to achieve a level or standard of control of pollutants in groundwater at least as stringent as the water quality criteria established under sections 465‑C and 470, unless the commissioner finds that meeting those standards is technically and economically infeasible and that other measures may be implemented to ensure protection of public health and safety.
[PL 2001, c. 315, §2 (NEW).]
3.  Remediation orders.
The commissioner may take measures necessary to effect a recommended plan for remediation or may incorporate the plan recommendations into a remediation order. The order must include the time schedule for implementation as required under section 1310‑G. The person or municipality owning or operating the landfill is the party responsible for the implementation of the order. Any person aggrieved by the order may appeal the order as provided in section 341‑D, subsection 4.
[PL 2001, c. 315, §2 (NEW).]
SECTION HISTORY
PL 2001, c. 315, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-G. Time schedules for closure of existing facilities

§1310-G. Time schedules for closure of existing facilities
The department shall establish, as part of a municipal landfill closure and remediation plan, reasonable time schedules for the implementation of the plan.   [PL 1993, c. 732, Pt. C, §18 (AMD).]
1.  Criteria.
In establishing the time schedule, the department shall consider the following criteria:
A. The level of environmental and public health hazard posed by the landfill in its current state;   [PL 1987, c. 517, §25 (NEW).]
B. The availability of reasonable, alternative disposal options available to the municipality following closure of the existing landfill;   [PL 1993, c. 732, Pt. C, §18 (AMD).]
C. The period reasonably needed by the municipality to raise its share of plan costs; and   [PL 1993, c. 732, Pt. C, §18 (AMD).]
D. The availability of state cost-share funds for the project.   [PL 1993, c. 732, Pt. C, §18 (NEW).]
[PL 1993, c. 732, Pt. C, §18 (AMD).]
2.  Violation of schedule.
[PL 1993, c. 355, §50 (RP).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B239 (AMD). PL 1993, c. 355, §50 (AMD). PL 1993, c. 732, §C18 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-H. Supervision and enforcement of schedules

§1310-H. Supervision and enforcement of schedules
The commissioner shall monitor implementation of closure and remediation plans. In addition to any other remedy available by law, if the commissioner determines, after opportunity for public hearing, that any party responsible for the implementation of a plan has failed substantially to meet the established time schedule or has failed to execute the provisions of the plan, the commissioner may:   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §240 (AMD).]
1.  Departmental implementation.
Authorize the department or its agents to enter onto the site and complete the remaining provisions of the plan; and
[PL 1987, c. 517, §25 (NEW).]
2.  Cost recovery.
Initiate proceedings to recover any costs incurred by the department in implementing a plan from the party or parties responsible for implementation of the plan and, in the case of a municipal landfill, to recover from the municipality the full amount of any grants and loans made to it under this article in connection with closure and remediation of the landfill.
[PL 1987, c. 517, §25 (NEW).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B240 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-H-1. Notice to subsequent owners

§1310-H-1. Notice to subsequent owners
The owner of a parcel of land upon which a closed or abandoned municipal solid waste landfill is located shall include notice of the presence of the landfill in any deed transferring ownership of all or part of the parcel and in any easement conveying a right of use to all or part of the parcel.   [PL 1999, c. 334, §12 (NEW).]
SECTION HISTORY
PL 1999, c. 334, §12 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 1: REMEDIATION AND CLOSURE › 38 §1310-I. Report to the Legislature (REPEALED)

§1310-I. Report to the Legislature
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B241 (AMD). PL 1993, c. 355, §51 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 2: RECYCLING AND SOURCE REDUCTION › 38 §1310-J. Program established; goals (REPEALED)

§1310-J. Program established; goals
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E20 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 2: RECYCLING AND SOURCE REDUCTION › 38 §1310-K. State recycling plan (REPEALED)

§1310-K. State recycling plan
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1987, c. 752, §§1,2 (AMD). PL 1989, c. 585, §E21 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 2: RECYCLING AND SOURCE REDUCTION › 38 §1310-L. Recycling Advisory Council (REPEALED)

§1310-L. Recycling Advisory Council
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1987, c. 769, §A182 (AMD). PL 1989, c. 503, §B179 (AMD). PL 1989, c. 585, §E22 (RP). PL 1993, c. 226, §A2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13: WASTE MANAGEMENT › Subchapter 1-A: SOLID WASTE › Article 2: RECYCLING AND SOURCE REDUCTION › 38 §1310-M. Report to the Legislature (REPEALED)

§1310-M. Report to the Legislature
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E23 (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-O. Capacity needs analysis (REPEALED)

§1310-O. Capacity needs analysis
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E29 (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-P. Escrow closure accounts (REPEALED)

§1310-P. Escrow closure accounts
(REPEALED)
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B243, 244 (AMD). PL 1993, c. 378, §7 (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-R. Transition provisions

§1310-R. Transition provisions
1.  General.
Except as otherwise provided, the provisions of this article apply to any new, expanded or existing solid waste disposal facility licensed or relicensed after the effective date of this article.
[PL 1987, c. 517, §25 (NEW).]
2.  Recycling.
The recycling requirements shall apply as follows.
A. The department shall apply the provisions of section 1310‑N, subsection 5‑A, paragraph A, subparagraph (1) when relicensing any solid waste disposal facility, except that, to the extent that waste disposal contracts in effect on June 29, 1987 are inconsistent with section 1310‑N, subsection 5‑A, paragraph A, subparagraph (1), those provisions apply at the expiration of the term of those contracts without consideration of any renewals or extensions of those contracts.   [PL 2007, c. 583, §5 (AMD).]
B. The department shall require an applicant for a new or expanded solid waste disposal facility or for a license renewal submitting a complete application prior to the adoption of the state plan to demonstrate that the facility furthers the purposes of section 2101 and satisfies the regulations under section 1310‑N.   [PL 1989, c. 585, Pt. E, §30 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §246 (AMD).]
C. The provisions of section 1310‑N, subsection 5‑A, paragraph A, subparagraph (2) do not apply to the relicensing of any solid waste disposal facility licensed prior to June 29, 1987.   [PL 2007, c. 583, §6 (AMD).]
[PL 2007, c. 583, §§5, 6 (AMD).]
3.  Public benefit.
The public benefit requirements shall apply as follows.
A.   [PL 1989, c. 585, Pt. E, §30 (RP).]
A-1. The department shall require an applicant for a new or expanded solid waste disposal facility submitting a complete application prior to the initial adoption of the state plan to submit such information as the department requires to demonstrate that the proposed facility provides a substantial public benefit, including the information described in former section 1310‑O.   [PL 1989, c. 585, Pt. E, §30 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §247 (AMD).]
B. The provisions of section 1310‑N, subsection 1, paragraph B, and section 1310‑N, subsection 3, do not apply to the relicensing of a solid waste disposal facility licensed prior to June 29, 1987.   [PL 1989, c. 585, Pt. E, §30 (AMD).]
C.   [PL 1995, c. 465, Pt. A, §17 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
[PL 1995, c. 465, Pt. A, §17 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
4.  Incineration facilities.
[PL 1995, c. 465, Pt. A, §18 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §§E30,E31 (AMD). PL 1989, c. 890, §§A40,B246- 248 (AMD). PL 1995, c. 465, §§A17,18 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2007, c. 583, §§5, 6 (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-T. Application fee

§1310-T. Application fee
In addition to any fees imposed pursuant to section 352, the applicant shall pay a fee of $50,000 at the time of filing an application for a solid waste disposal facility. An application is considered incomplete and the department shall defer any review or processing of the application until the applicant has paid the full $50,000 fee. The fee must be deposited in the Maine Environmental Protection Fund and used only to make reimbursements and grants to the intervenor in the applicant's license proceedings pursuant to section 1310‑S. The applicant releases all control over this money and does not retain any rights to audit the spending of these funds once the fee has been deposited in the Maine Environmental Protection Fund. Any portion of the fee not disbursed by the department for these purposes is reimbursed to the applicant, together with any interest that may have accrued on that portion. Upon request, the commissioner shall provide an audit report to the applicant after all the application and appeal proceedings before the department have concluded.   [PL 1989, c. 15, §3 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §250 (AMD).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 15, §3 (AMD). PL 1989, c. 890, §§A40,B250 (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-U. Municipal ordinances

§1310-U. Municipal ordinances
Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173, municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the State or a state agency or a regional association.   [PL 2011, c. 655, Pt. GG, §15 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001, municipalities, except as provided in this section, may enact ordinances with respect to solid waste facilities that contain standards the municipality finds reasonable, including, without limitation, conformance with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard outside the facility; distance from existing residential, commercial or institutional uses; ground water protection; surface water protection; erosion and sedimentation control; and compatibility of the solid waste facility with local zoning and land use controls, provided that the standards are not more strict than those contained in this chapter and in chapter 3, subchapter I, articles 5‑A and 6 and the rules adopted under these articles. Municipal ordinances must use definitions consistent with those adopted by the board.   [PL 1995, c. 126, §2 (AMD).]
A municipality adopting an ordinance under this section shall forward a copy of the ordinance to the commissioner within 30 days of its adoption.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §251 (AMD).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E33 (RPR). PL 1989, c. 869, §A8 (AMD). PL 1989, c. 890, §§A40,B251 (AMD). PL 1991, c. 66, §A38 (AMD). PL 1995, c. 126, §2 (AMD). PL 1995, c. 656, §A26 (AMD). PL 2011, c. 655, Pt. GG, §15 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).