reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 424 - LEAD MANAGEMENT REGULATIONS › Appendix 096-424-E - Lead Abatement Project Clearance Summary Form M

Current through 2024-29, July 17, 2024
State of Maine
Department of Environmental Protection Lead &
							 Asbestos Hazard Prevention Program 17 State House Station, Augusta, ME 04333
							 TEL (207) 287-7688 FAX (207) 287-6220 alnotifications.dep@maine.gov
Lead Abatement Project Clearance Summary Form
							 M
Important
							 Notice
This form must be completed and submitted to the
							 Maine Department of Environmental Protection by the Maine certified Lead
							 Inspector/Risk assessor who conducted a clearance examination of a notified
							 lead abatement project in accordance with Maine Lead Management Regulations,
							 06-096 C.M.R. Chapter 424. A separate completed Lead Abatement Project
							 Clearance Summary Form shall be submitted for each unit within a multi-family
							 building. Submission of this form shall be within 48 hrs. of laboratory
							 results.
Property
							 Information:
Project Code: Abatement Contractor:
Physical Address: Apt #:
City: State: Maine Zip:
Property Owner:
Owner Mailing Address:
City: State: Zip: Telephone #:
Housing Type: [] Private [] Rental [] Child
							 Care
Lead Inspector
							 Information:
Lead Inspector Name: ME Certification #:
Company Name:
Company Mailing Address:
City: State: Zip: Telephone #:
Lead Abatement Clearance
							 Information:
Final Lead Abatement Project Clearance Date (passed
							 both visual assessment & dust testing):
Was a "Lead-Safe Certificate" issued: [] Yes [] No If
							 yes, what is the expiration date:
Inspector
							 Comments:
Signature
:
__________________________________________________
							 ___________________________
Lead Inspector Signature Date
Print Name:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 424 - LEAD MANAGEMENT REGULATIONS › Appendix 096-424-F - Environmental Lead Inspection/Risk Assessment Summary Form

Current through 2024-29, July 17, 2024
State of Maine
Department of Environmental Protection Lead &
							 Asbestos Hazard Prevention Program 17 State House Station, Augusta, ME 04333
							 TEL (207) 287-7688 FAX (207) 287-6220
Environmental Lead Inspection/Risk Assessment
							 Summary Form Due to Department within 30 days of inspection Revised
							 2020
Property
							 Information:
Physical Address: Apt #: City: State: Maine Zip:
							 Property Owner:
Owner Mailing Address:
City: State: Zip: Telephone #:
Housing Type: Private Rental Child Care Other
Building Age: Number of Rooms: If Rental, Number of
							 Units in Building:
Any Renovations Within Past 6 Months: Yes No
Lead Inspector
							 Information:
Risk assessor/Lead Inspector Name: ME Certification
							 #: Company Name:
Company Mailing Address:
City: State: Zip: Telephone #:
XRF Make & Serial Number: ME Radioactive
							 Materials License #:
Lead Inspection
							 Information:
Lead Inspection Date: Was lead-based paint detected:
							 Yes No
If yes, was lead-based paint on: Interior Exterior
							 Common Areas Other
If yes, were lead-based paint hazards identified:
							 Yes No Interior Exterior Common Areas Other
Additional samples collected: Paint Chip Dust Water
							 Soil Sample results:
Was a "Lead-Safe Certificate: issued: Yes No If yes,
							 what is the expiration date:
Lead Abatement
							 Information:
Does the owner of the building plan abatement of
							 lead-based substances: Yes No N/A If yes, will abatement be performed by: Owner
							 Lead Abatement Contractor Undecided
Comment:
Signature:
Risk assessor/Lead Inspector Signature
Date
Print Name:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-2 - General Provisions

Current through 2024-29, July 17, 2024
A.
Applicability.
These rules and regulations apply to asbestos abatement
				activities, including removal, encapsulation, demolition, enclosure, repair,
				and handling, and associated activities such as inspection, design, analysis,
				monitoring, and training, conducted in the State of Maine.
B.
Relationships to Other Rules.
Disposal of asbestos and asbestos-containing material is governed by Maine's
Landfill Siting, Design and Operation Rule,
06-096 CMR 401.
				Transportation of asbestos or asbestos-containing waste material is governed by
				Maine's
Transportation of Hazardous Materials Rule
, 16-219 CMR
				60, (effective July 27, 2010 as amended) as administered by the Maine
				Department of Public Safety.
C.
Right of Entry.
Employees and agents of the Department may enter
				any property at reasonable hours and enter any building with the consent of the
				property owner or operator, occupant or agent, or pursuant to an administrative
				search warrant, in order to inspect the property or structure, take samples or
				conduct tests as appropriate to determine compliance with any asbestos laws and
				regulations administered by the Department or the terms and conditions of any
				order, license, permit, approval or decision of the Commissioner or the
				Board.
D.
Prohibition.
No person or owner or operator may engage in, or arrange for, any asbestos
				abatement activities in Maine unless the asbestos abatement activity is
				performed by licensed entities and certified professionals, notification is
				provided to the Department, and the appropriate work practice standards are
				followed, in accordance with this rule.
E.
Exemptions
(1) The disposal of asbestos waste or other
				asbestos abatement activity related to disposal at a site licensed to accept
				asbestos waste for disposal is exempt from this rule.
(2) Persons undertaking asbestos abatement
				activities in single-unit residential buildings are exempt from the licensing
				and certification requirements of these rules provided that the activities are
				limited to heating equipment and performed by persons licensed by the Oil and
				Solid Fuel Board under Title 32, chapter 33, to install, repair, remove, or
				service heating equipment. These persons must comply with the notification,
				work practices, and other requirements of these rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-4 - License Requirements for Business and Public Entities

Current through 2024-29, July 17, 2024
A.
General License Requirements
(1) Scope. This section sets forth the
				specific licenses that a business or public entity must obtain prior to
				engaging in an asbestos abatement activity. This section also sets forth
				general standards of conduct and specific recordkeeping and other requirements
				for maintaining each type of license.
(a) A
				business entity or public entity that engages in an asbestos abatement activity
				regulated by this rule must hold a valid license as set forth in this section,
				unless exempted under section 2(E)(2) of this rule.
(b) A business entity or public entity that
				engages in an asbestos abatement activity in more than one licensing category
				set forth in this section must hold a valid license in each category.
(c) An individual engaged in asbestos
				activities regulated by this rule as a sole proprietor must hold both a valid
				license and a valid certificate.
(d) A business entity or public entity
				licensed pursuant to this section must ensure and document that each of its
				employees is trained in, knowledgeable of, and complies with company-specific
				standard operating procedures and the requirements of this rule, as
				applicable.
(e) A business or
				public entity must maintain all required records at their place of business and
				must make these available to the Department within 24 hours of request. The
				business or public entity must also have a written plan for maintaining and
				archiving records, including provisions for records to be retained for seven
				(7) years, even if the licensee ceases business operations.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-5 - Certification Requirements for Asbestos Professionals

Current through 2024-29, July 17, 2024
This section sets forth specific certification requirements
				  for an individual engaging in an asbestos abatement activity. This section also
				  sets forth the general standards of conduct, specific training, and other
				  requirements for maintaining such certificates.
A.
General Certification
				Requirements
(1) An individual who
				engages in an asbestos abatement activity regulated by this rule must hold a
				valid certification in the discipline appropriate to his/her responsibilities
				as set forth in this section.
_____________________________________________________________________
Note: TheDepartment is not able to process immediately
				  applications that are hand-delivered.
_____________________________________________________________________
(a) An individual who engages in asbestos
				abatement activities in more than one certification category must be certified
				in each such category.
(b) A
				certified individual also must meet all other state, federal, local
				accreditation, or certification requirements, as applicable.
(c) An individual must be 18 years of age to
				be eligible for certification.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-8 - Monitoring Requirements and Requirements for Release of the Regulated Area

Current through 2024-29, July 17, 2024
A.
Monitoring Requirements.
Asbestos abatement activities are subject to the following air and project
				monitoring requirements:
(1) Air Monitoring.
				Air monitoring, in the form of air clearance sampling, must be conducted for
				all asbestos abatement activities. A project specific air monitoring plan,
				including the mandatory air clearance sampling and optional additional area
				monitoring, must be developed and used for each project and the plan must be
				part of the project design. Any change(s) to the air monitoring plan must be
				made by a certified Asbestos Air Monitor or Asbestos Abatement Design
				Consultant and must become part of the project documentation. The air
				monitoring plan must be designed in accordance with these rules by an Air
				Monitor or Asbestos Abatement Design Consultant who has an independent business
				relationship with the asbestos abatement company performing the project
				whenever independent air clearances are required.
(2) Project Monitoring. Project Monitoring is
				not required by these rules but may be required due to contractual or other
				arrangement or specification. If an asbestos abatement activity is monitored,
				then written records of all project monitoring activities shall be maintained
				at the project site for the duration of the project and shall become part of
				each owner's and operator's official records for that project. This project
				monitoring documentation must be provided to the building owner within 6 months
				of project completion.
(3)
				Analysis. Air samples collected for air clearance sampling must be analyzed by
				a Department-licensed Asbestos Analytical Laboratory as follows:
(a) Each air sample collected shall be
				analyzed, as per the licensing section of this rule, by phase contrast
				microscopy (PCM) or transmission electron microscopy (TEM), or other Department
				-approved method; and
(b) For air
				sample analyses, results obtained from the TEM methodology, described in
				Appendix A to Subpart E, 40 CFR part 763, and shall be considered definitive
				when results differ.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-9 - Permit-by-Rule for Asbestos Waste Storage Facilities

Current through 2024-29, July 17, 2024
A.
General Requirements.
Prior to disposal off the site of
				generation, asbestos waste may be stored by a business or public entity in
				quantities greater than one (1) cubic yard only at a Department-licensed
				Asbestos Waste Storage Facility permitted under the provisions of this
				section.
B.
Location.
An Asbestos Waste Storage Facility (AWSF) must not be located within 500 feet
				of any public or private school, day care or pre-school, or any other such
				building utilized for the education of students in grades K through 12. A
				variance of this requirement may be granted by the Department under extenuating
				circumstances where pre-existing storage facilities are currently located
				within 500 feet of educational facilities described in this section and no
				other feasible storage alternative exists. Also, the ASWF must be located on
				property in which the licensee has title, right or interest.
C.
General Application
				Requirements.
A business or public entity that operates or intends to
				operate an AWSF must apply to the Department for a permit by rule to operate an
				AWSF at least 60 days prior to the operation of the AWSF. A licensee must
				notify the Department at least 14 days in advance whenever it will cease
				operating its permitted AWSF. Moving an AWSF to a new location requires
				submitting a new permit by rule application except that there is no 14 day
				waiting period prior to using the AWSF after theDepartment has approved the
				application. A business or public entity that obtains an AWSF permit by rule
				pursuant to this section need not obtain a solid waste storage facility permit
				pursuant to Maine's
Transfer Stations and Storage Sites for Solid Waste
				Rules
, 06-096 CMR 402 of the Maine Solid Waste Management
				Regulations.
D.
Application
				Procedures.
For approval as an AWSF, the following information must be
				submitted by the applicant on a Department form:
(1) Applicant's name, address, telephone
				number, contact person, and responsible person with signature;
(2) Anticipated annual asbestos waste volume
				based upon previous operational data or any other relevant data;
(3) General description of the AWSF including
				its location;
(4) Site plans,
				including but not limited to:
(a) Facility
				boundaries;
(b) Location of the
				AWSF;
(c) Site security
				systems;
(d) Fences and gates;
				and
(e) Existing structures within
				500 feet of the AWSF boundary lines with owner(s) name(s) and
				address(es).
(5) Most
				recent full-sized US Geological Survey topographic map (7-1/2 minute if
				available) or other similar map detailing the property; and
(6) An AWSF Operations Manual as set forth
				below.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 425 - SOLID WASTE MANAGEMENT RULES: ASBESTOS MANAGEMENT REGULATIONS › Section 096-425-11 - Regulations Incorporated by Reference

Current through 2024-29, July 17, 2024
A.
Harmony.
These rules attempt to be consistent with federal
				asbestos rules and regulations established by OSHA and US EPA. However,
				regulations established by OSHA and EPA are inconsistent, therefore these rules
				can not be entirely consistent with both agencies. These rules are promulgated
				with the welfare of the general public and the environment as a highest concern
				and are intended to promote safe and proper asbestos management in Maine. No
				provision of this rule shall be construed to pre-empt or supersede any other
				provision established under another statute or jurisdiction.
B.
Regulations Incorporated.
The
				following federal rules and regulations of the US EPA are incorporated by
				reference herein as Maine Department of Environmental Protection,
Asbestos Management Regulations
, 06-096 CMR 425:
(1) Asbestos-Containing Materials in Schools
				rule; 40 CFR, Part 763, Subpart E (effective December 14, 1987); and
(2) US EPA Asbestos Model Accreditation Plan;
				Interim Final Rule, 59 FR 5236-5260 (effective April 4, 1994), Appendix C to
				Subpart E of 40 CFR Part 763 "Asbestos-Containing Materials in Schools" rule
				(effective December 14, 1987).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-1 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter and unless the context otherwise
				  indicates, the following words and phrases have the following meanings:
A. "Beverage" means Malt Liquor, Spirits,
				Wine, Wine Coolers, Hard Cider, Low-Alcohol Spirits, soda or noncarbonated
				water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form
				and intended for internal human consumption.
The term Beverage excludes the following:
(1) A liquid which is (a) a syrup, (b) in a
				concentrated form or (c) typically added as a minor flavoring ingredient in
				food or drink, such as extracts, cooking additives, sauces or
				condiments;
(2) A liquid which is a
				drug or infant formula as defined by the
Food, Drug and Cosmetic
				Act
. (
				21 U.S.C. §§
											321(g) (1) and (z) ) as
				amended through June 22, 2009;
(3)
				A liquid which is designed to be consumed only as a nutritional supplement and
				not as a Beverage;
(4) Products
				frozen at the time of sale to the consumer, or, in the case of institutional
				users such as hospitals and nursing homes, at the time of sale to such
				users;
(5) Products designed to be
				consumed in a frozen state;
(6)
				Instant drink powders.
(7) Seafood,
				meat or vegetable broths, or soups, but not juices;
(8) Maine produced apple cider and blueberry
				juice;
(9) Unflavored rice milk,
				unflavored soy milk, Milk and Dairy Derived Products.
(10) Products sold in Paper or Cardboard
				Containers.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-2 - Prohibitions

Current through 2024-29, July 17, 2024
A Manufacturer, Distributor, seller, or Dealer may not offer
				  a Beverage for sale to consumers in this State:
A. In a metal container designed or
				constructed so that part of the container is detachable for the purpose of
				opening the container without the aid of a separate can opener, except that
				nothing in this Subsection prohibits the sale of a container, the only
				detachable part of which is a piece of adhesive-backed tape, a sanitary cover,
				or a screw-off bottle top;
B. In a
				container composed of one or more plastics if the basic structure of the
				container, exclusive of the closure device, also includes aluminum or steel;
				or
C. The container label does not
				meets the standards in Section 7 and the label is registered with the
				Department in accordance with Section 8 of this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-4 - Initiators of Deposit

Current through 2024-29, July 17, 2024
A. All Initiators
				of Deposit distributing or selling Beverages in the State of Maine shall be
				licensed with the Department prior to beginning operation, and annually
				thereafter. Applicants for approval as an Initiator of Deposit shall utilize
				forms provided by the Department, and shall submit the completed form to the
				Department.
(1) Applications for approval of
				Initiators of Deposit of small breweries and small wineries that produce no
				more than 50,000 gallons of its Product or a bottler of water who annually
				sells no more than 250,000 containers each containing no more than one gallon
				of its Product must include an annual license fee of $50.00.
(2) Applications for approval of Initiators
				of Deposit of small beverage Manufacturers whose total production of all
				Beverages from all combined manufacturing locations is less than 50,000 gallons
				annually must include an annual license fee of $50.00.
(3) All other applications for approval of
				Initiators of Deposit must include an annual license fee of $500.00.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-5 - Contracted Agents

Current through 2024-29, July 17, 2024
A. All Contracted
				Agents operating in Maine shall be licensed with the Department prior to
				beginning operation, and annually thereafter. Applicants for approval as
				Contracted Agents shall utilize forms provided by the Department, and shall
				submit the completed form to the Department. A $500.00 annual license fee must
				accompany each application.
B. A
				Contracted Agent is required to perform all of the pickup functions of the
				Initiator of Deposit with whom they contract unless expressly exempted in the
				contractual agreement between the initiator and the Contracted Agent.
C. Contracted Agents shall annually provide
				to the Department current lists of Initiators of Deposit with whom they have
				contracts and beverage containers which they pick up.
D. Contracted Agents shall notify the
				Department whenever Initiators of Deposit with whom they have contracts and/or
				beverages containers which they pick up are added or
				discontinued.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-6 - Refund Value, and Responsibility for Initiation of Deposit and Label Registration

Current through 2024-29, July 17, 2024
A. The refund value
				on Wine and Spirits may not be less than $0.15. The refund value on all other
				Beverages may not be less than $0.05.
B. The Bureau of Alcoholic Beverages and
				Lottery Operations shall initiate the deposit on Spirits. The Manufacturer is
				responsible for meeting the labeling requirements in Section 7, and for
				registering the labels for these Beverages on behalf of the Bureau of Alcoholic
				Beverages and Lottery Operations in accordance with Section 8.
C. The Manufacturer shall be the Initiator of
				Deposit on its brand of Beverages other than Spirits when the Beverages are:
(1) sold in refillable containers;
(2) sold in non-refillable containers, and
				the Manufacturer is the sole Distributor in Maine; or
(3) sold in non-refillable containers, and
				sold through non-geographically exclusive distributorships.
The Manufacturer is responsible for meeting the labeling
				  requirements in Section 7 and registering the labels for these Beverages in
				  accordance with Section 8.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-8 - Registration of Beverage Containers

Current through 2024-29, July 17, 2024
Each beverage container and its label must be registered with
				  the Department prior to the Beverage being offered for sale in Maine and
				  annually the reafter. Applications for registration must be on forms or in an
				  electronic format provided by the Department.
A. Registrations must include:
(1) the Product name;
(2) the category of Beverage, i.e., wine,
				wine cooler, spirits, beer, water, hard cider/hard juices, other;
(3) the container Size;
(4) the container Type,
(5) if glass, the color;
(6) the 12 digit UPC or 13-14 digit EAN,
				unless the product is a Wine product that is not labeled with a UPC or
				EAN;
(7) the name and contact
				information for the entity that will be responsible for picking up beverage
				containers from Redemption Centers and Dealers, and if the pick-up entity is a
				Contracted Agent, evidence of a current agreement with that Contracted Agent;
(8) if not submitted with a
				previous year's label registration, a copy or photograph of the beverage
				container label or a signed statement certifying that the beverage container
				being registered is marked with the deposit refund value in accordance with
				Section 7; and
(9) the appropriate
				fee in accordance with this Section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-9 - Operation of Redemption Centers

Current through 2024-29, July 17, 2024
A. The Redemption
				Center shall store all empty beverage containers separated from food Products
				sold on the premises by a solid partition.
B. The Redemption Center operator shall
				operate the Redemption Center in such a manner as not to cause a nuisance to
				the surrounding area, and shall:
(1) Take all
				necessary precautions to eliminate and protect against insect and rodent
				infestation inside and surrounding the premises.
(2) Store unsorted and sorted beverage
				containers separated from all food Products by a solid partition and in a
				building constructed properly to protect beverage containers from adverse
				environmental conditions (i.e. rain, snow, mud, etc.).
(3) Provide sanitary facilities to ensure
				adequate personal hygiene for employees and which comply with United States
				Department of Labor standards in
				29
				C.F.R. §
											1910.141 as amended up to July
				1, 2016. Sanitary facilities include toilet, hand wash sink, approved septic
				system, and hot and cold potable water under pressure. A Redemption Center is
				exempt from this requirement if the Redemption Center is operated by the owner
				and immediate family members only and has no other employees.
(4) Hold a valid retail food establishment
				license issued by the Maine Department of Agriculture, Conservation and
				Forestry, Division of Quality Assurance and Regulations if foods or Beverages
				are sold, and meet all applicable sanitation requirements.
(5) Maintain general surroundings free of
				litter, debris, and unused equipment.
(6) Employ routine housekeeping practices to
				maintain an environment that is clean and orderly to discourage, identify, and
				eliminate rodents, insects and birds.
(7) Prominently display a list of all
				Products discontinued within the past 120 days and the dates when they will no
				longer be accepted.
(8) Sort
				beverage containers by like product group, material and Size, and consistent
				with Commingling Agreements in Shells or boxes as provided by the Manufacturer,
				Distributor, or pick-up agent.
(9)
				Notify the Department of additional members obtained after the issuance of the
				center's license.
(10) Post a
				"warning" sign in accordance with Section 18 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-10 - Reverse Vending Machines

Current through 2024-29, July 17, 2024
A. RVMs must
				identify, cancel, and destroy one-way deposit containers and reject refillable
				containers. RVMs must collect accounting information for deposit and scrap
				settlement.
B. RVMs must meet the
				requirements of 01-001 C.M.R.ch. 306, (Regulations for Adoption of Type
				Evaluation of Weighing and Measuring Devices) and be designed to provide an
				accurate printed report containing all of the following:
(1) The number of containers placed in the
				RVM over an explicit predetermined time period.
(2) The Product name of each beverage
				container placed in the RVM.
(3)
				The kind, Size, and brand of each beverage container placed in the
				RVM.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-11 - Acceptance of Beverage Containers from Dealers and Redemption Centers

Current through 2024-29, July 17, 2024
A. A Dealer or Redemption Center shall tender
				to an Initiator of Deposit, Distributor, or Contracted Agent only empty,
				unbroken, and reasonably clean beverage containers with legible labels of the
				Type, Size, and brand sold by the Initiator of Deposit, Distributor, or
				Contracted Agent, unless the containers have been processed through an approved
				RVM which meets the requirements of this chapter. For purposes of this Section,
				unbroken when used in reference to cans and plastic containers means not
				previously crushed prior to tendering back to an Initiator of Deposit,
				Distributor, or Contracted Agent.
B. With the exception of Beverages
				specifically exempted in Definitions Section 1(B)(1) of this chapter, a Dealer
				or Redemption Center shall sort beverage containers by Type, Size, and brand
				unless a mutually acceptable written agreement, as described in Section 14, is
				reached between the Dealer or Redemption Center and the Initiator of Deposit,
				Distributor, or Contracted Agent.
Empty containers, unless they have been processed through an
				  approved RVM that meets the requirements of this chapter, must be tendered to
				  the Initiator of Deposit, Distributor, or Contracted Agent in Shells or
				  Shipping Cartons provided by the Initiator of Deposit, Distributor, or their
				  Contracted Agent, or other containers mutually agreed upon by the Initiator of
				  Deposit, Distributor, or Contracted Agent, and the Dealer or Redemption
				  Center.
C. Containers may be
				sorted in any other manner that is consistent with Section 14 of this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-13 - Time for Payment by Initiators of Deposit, Distributors, or Contracted Agent to Dealers and Redemption Centers

Current through 2024-29, July 17, 2024
A. The
				Initiator of Deposit, Distributor, or Contracted Agent shall pay the Dealer or
				Redemption Center all applicable refunds, deposits, and handling charges no
				later than ten (10) business days after acceptance.
B. If payment is made by mail, payment will
				be deemed to take place upon mailing. If payment is made by electronic fund
				transfer, payment will be deemed to take place upon initiation of the
				electronic transfer.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-14 - Private Contracts and Business Transactions

Current through 2024-29, July 17, 2024
This chapter shall not be interpreted to prohibit any other
				  arrangements for sorting, delivery, acceptance of payment, or other matter
				  related to beverage containers when the arrangement is consistent with
				  38 M.R.S.
				  §3101
et seq
. and is
				  mutually agreed upon in writing between the Distributor and the Dealer or
				  Redemption Center, or an RVM provider and the Distributor and/or Dealer or
				  Redemption Center. The Department shall not be responsible for enforcing the
				  terms of any such alternative private arrangements.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-15 - Refusing Payment When a Specific Beverage Product is Discontinued

Current through 2024-29, July 17, 2024
Distributors, Contracted Agents, Dealers, and Redemption
				  Centers shall not refuse to pay the refund value of the returned beverage
				  container as established by
				  38 M.R.S.
				  §3103, as amended, or in the case of an
				  inappropriately labeled container which bears a deposit value for a Beverage
				  which is exempt from the bottle bill, except that Distributors, Dealers, and
				  Redemption Centers may refuse to pay such refund value in the following
				  situations:
A. When an Initiator of
				Deposit, Distributor, or Contracted Agent has given notice, in writing, to
				Dealers to whom the Initiator of Deposit or Distributor sold similar beverage
				containers and the licensed Redemption Centers serving those Dealers that the
				particular Types, Size, and brand offered for refund has been discontinued, and
				at least 4 months have elapsed since the mailing of such notice.
B. A Dealer or Redemption Center may refuse
				to pay the refund value of Beverages discontinued by an Initiator of Deposit,
				Distributor, or Contracted Agent in accordance with Subsection A above, no
				sooner than 3 months after the Distributor has mailed the notice required by
				Subsection A. A Dealer or Redemption Center may not refuse to pay the refund
				value of discontinued beverages unless such Dealer or Redemption Center has
				conspicuously posted for at least 30 days a notice advising consumers of the
				final date of acceptance.
C. A
				Contracted Agent may refuse to pay the refund value when the Contracted Agent
				has not received payment from the Initiator of Deposit in accordance with the
				terms of their contract, and the Contracted Agent has given notice, in writing
				to the licensed Redemption Centers that the Contracted Agent will cease
				accepting beverage containers that are the responsibility of that Manufacturer
				as of the next day subsequent to the delivery date of such notice. A Dealer or
				Redemption Center may notify their Member Dealers and refuse to pay the refund
				value of Beverages for which a contacted agent has provided written notice in
				accordance with this paragraph.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-16 - Exempt Facilities

Current through 2024-29, July 17, 2024
Apple cider and blueberry juice that is produced in the
				  State of Maine is exempt from the required refund and deposit. Local producers
				  bottling apple cider and blueberry juice in containers that do not bear a
				  deposit/refund statement shall receive empty containers from consumers who
				  voluntarily return them without deposit. The opportunity for consumers to
				  return empty containers shall be conspicuously posted at the producer's place
				  of business and should encourage the return of containers to the processor for
				  recycling.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-17 - Plastic Bag Specifications

Current through 2024-29, July 17, 2024
Plastic bags used to tender beverage containers by
				  Redemption Centers to Distributors or third party agents must be of uniform
				  dimensions that are 36 inches in width by 60 inches long with a minimum
				  thickness of 1.2 mils (millionths of an inch) and with flat
				  bottoms.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-18 - Signs Conspicuously Posted

Current through 2024-29, July 17, 2024
A. Each area of a
				Redemption Center where consumers tender returnable containers must have a
				"Warning Sign" conspicuously posted with the required wording specified by
				38 M.R.S.
				§3106(10). Warning
				signs must be constructed of durable materials and printed in horizontal block
				form. Each letter of the warning sign must be in bold and measuring a minimum
				of 1 inch in height.
B. Member
				Dealers that do not provide the refund value to consumers for returned
				containers shall conspicuously post the name and address of the Redemption
				Center which serves the Dealer for purposes of redeeming returnable beverage
				containers of the Types, Size, and brand sold by the Dealer.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-19 - Audits

Current through 2024-29, July 17, 2024
A. Initiators, Distributors, and third party
				Contracted Agents may conduct audits to determine accuracy of container counts
				for bags tendered as full bags by Dealers and Redemption Centers.
B. The audits must follow accepted Weights
				& Measures laws and procedures. Audits must follow the procedure in the
				U.S. Commerce National Institute of Standards and Technology (NIST) handbook
				133, Checking the Net Contents of Packaged Goods (2015), Chapter 1, Section
				1.3.1. Audit Tests. If after the audit there is suspicion that the lot tested
				is not in compliance, a full "Category A" sampling plan, following test
				procedures found in NIST Handbook 133, Chapter 4, test procedures for packages
				labeled by count, must be conducted before an enforcement action can be taken.
				Due to excessive variation for individual containers caused by residual liquids
				and foreign material, the weight method of checking packages labeled by count
				is not acceptable and a physical count must be used.
C. An enforcement action may only be taken
				on bags for which an accurate, consistent, and verifiable full bag count has
				been established. Weights & Measures standards package quantity
				declarations of count require an accurate physical count. Industry may
				negotiate and reach agreements with parties involved in these transactions that
				establish a number agreed to by all parties that is acceptable as a full bag
				count. These counts will only be deemed verified when sorting criteria does not
				introduce large uncertainties into the process, such as commingling of
				different sized containers into the same bags. Bag sorts that allow variations
				in count may not be audited or checked for purposes of taking action on the
				final count for payment by the initiator, Distributor, or third party
				Contracted Agent.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-1 - Applicability

Current through 2024-29, July 17, 2024
A. This chapter applies to construction or
				reconstruction of a hydropower project, or structural alteration of a
				hydropower project in ways that change water levels or flows, including tidal
				and wave energy projects.
B. Unless
				otherwise specified in this chapter, if the Department is the Administering
				Agency, the requirements of the Department's
Rules Concerning the
				Processing of Applications and Other Administrative Matters
, 06-096
				C.M.R. Chapter 2 (amended October 19, 2015), apply to applications for
				hydropower projects. In the event of inconsistencies between this chapter and
				Chapter 2, applications for hydropower projects will be processed under the
				procedures set forth in this chapter.
C. Unless otherwise specified in this
				chapter, if the Commission is the Administering Agency, the requirements of the
				Commission's
Rules of Practice
, 01-672 C.M.R. Chapter 4, apply
				to applications for hydropower projects. In the event of inconsistencies
				between this chapter and Chapter 4, applications for hydropower projects will
				be processed under the procedures set forth in this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-2 - Administering Agency

Current through 2024-29, July 17, 2024
A.
Department
				of Environmental Protection
. The Department of Environmental Protection
				shall administer the permit process for a hydropower project that:
(1) is located wholly or partly within an
				organized municipality not served by LUPC; or
(2) uses tidal or wave action as a source of
				electrical or mechanical power, regardless of the hydropower project's
				location.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-4 - Permit Requirements

Current through 2024-29, July 17, 2024
A.
Prohibition
. No one may initiate construction or reconstruction of
				a hydropower project, or structurally alter a hydropower project in a way that
				changes water levels or flows, without first obtaining a permit from the
				Administering Agency. Normal maintenance and repair of an existing and
				operating hydropower project is exempt from the requirement for a permit,
				provided that:
(1) the activity does not
				involve any dredging or filling below the normal high-water line of any great
				pond, coastal wetland, river, stream or brook; and
(2) the activity does not involve any
				dredging or filling on the land adjacent to any great pond, coastal wetland,
				river, stream or brook such that any dredged spoil, fill or structure may fall
				or be washed into those waters.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-5 - Standard of Review

Current through 2024-29, July 17, 2024
The Administering Agency shall approve a project when it
				  finds that the applicant has demonstrated that the following criteria have been
				  met, as set forth in
				  38 M.R.S.
				  §636.
A.
Financial and technical
				capability
. The applicant has the financial capability and technical
				ability to undertake the project. In the event that the applicant is unable to
				demonstrate financial capability, the Department or Commission may grant the
				permit contingent upon the applicant's demonstration of financial capability
				prior to commencement of any permitted activities.
B.
Safety
. The applicant has
				made adequate provisions for protection of public safety.
C.
Public benefits
. The project
				will result in significant economic benefits to the public, including, but not
				limited to, creation of employment opportunities in Maine. The Administering
				Agency shall identify and measure economic benefits and costs using generally
				accepted methods and procedures, such as those published by the United States
				Water Resources Council. In accordance with these methods and procedures,
				economic benefits may include, but are not limited to: increases in the income
				or purchasing power of Maine citizens, energy security from reducing dependence
				upon fossil fuels, and creation of employment opportunities for workers of the
				State. Economic costs may include, but are not limited to: decreases in the
				income or purchasing power of Maine citizens, the value of other hydroelectric
				generating opportunities diminished or eliminated by a project, and the
				elimination of employment opportunities in Maine. To meet this criterion, the
				applicant must demonstrate that:
(1) the
				benefits claimed from the proposed project are real, in that the benefits would
				not result but for the project;
(2) the project's economic benefits are
				greater than its economic costs, and that the resulting net benefit is
				significant when compared to the economic conditions likely to exist without
				the project; and
(3) in cases
				involving new dams which would result in substantial economic costs to the
				public, the benefits claimed from the project have been weighed against the
				economic conditions that would otherwise result from any alternative source(s)
				of energy generation or conservation that might reasonably be pursued in the
				event that the project is not built.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-6 - Process and Time Limits for Decisions

Current through 2024-29, July 17, 2024
A.
Administering Agency Action
. Once an application has been accepted
				as complete for processing, the Administering Agency shall either:
(1) approve the proposed project upon such
				terms and conditions as are appropriate and reasonable to protect and preserve
				the environment and the public's health, safety and general welfare, including
				the public interest in replacing fossil fuel-derived energy with hydroelectric
				energy;
(2) disapprove the proposed
				project, setting forth in writing the reasons for the disapproval; or
(3) schedule a hearing on the proposed
				project. Any hearing held under this subsection shall follow the notice
				requirements and procedures for an adjudicatory hearing under
				5 M.R.S. §§9051 -
				9064. After any
				hearing is held under this subsection, the Administering Agency shall make
				findings of fact and issue an order approving or disapproving the proposed
				project.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-7 - Terms and Conditions of Approval

Current through 2024-29, July 17, 2024
A.
Authority
. The Administering Agency may approve the proposed
				project upon such terms and conditions as are appropriate and reasonable to
				protect and preserve the environment and the public's health, safety and
				general welfare, including the public interest in replacing fossil fuel-derived
				energy with hydroelectric energy. These terms and conditions may include, but
				are not limited to:
(1) establishment of a
				water level range for the body of water impounded by a hydropower
				project;
(2) establishment of
				instantaneous minimum flows for the body of water affected by a hydropower
				project; and
(3) provisions for the
				construction and maintenance of fish passage facilities.
In those cases where the proposed project involves
				  maintenance, reconstruction or structural alteration at an existing hydropower
				  project and where the proposed project will not alter historic water levels or
				  flows after its completion, the Administering Agency may impose temporary terms
				  and conditions of approval relating to paragraph A or paragraph B of this
				  subsection but shall not impose permanent terms and conditions that alter
				  historic water levels or flows.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 450 - ADMINISTRATIVE REGULATIONS FOR HYDROPOWER PROJECTS › Section 096-450-8 - Access to the Site

Current through 2024-29, July 17, 2024
The filing of an application for approval of a hydropower
				  project pursuant to
				  38 M.R.S.
				  §633 constitutes the granting of
				  permission by the applicant to allow Administering Agency members and their
				  staff, and others authorized by the Administering Agency to access the site of
				  the proposed project in order to facilitate review of such
				  application.