Title 38, Title 38

As used in this chapter or in chapter 24, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 878, Pt. H, §7 (AMD).] 1. Agency. 1-A. Biomedical waste. "Biomedical waste" means waste that may contain human pathogens of sufficient v…

1. Rules. Subject to the Maine Administrative Procedure Act, Title 5, chapter 375, the board may adopt, amend and enforce rules as it deems necessary to govern waste management, including the location, establishment, construction and alteration of waste facilities as the facility…

1. Findings and purpose. The Legislature makes the following findings of fact. Subject to the provisions of chapter 24, the State requires each municipality to provide for disposal services for domestic and commercial solid waste generated within the municipality. Solid waste con…

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 soli…

1. Disposal services. Each municipality shall provide solid waste disposal services for domestic and commercial solid waste generated within the municipality and may provide these services for industrial wastes and sewage treatment plant sludge. 2. Ordinances. 3. 4. Municipal sta…

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. N…

1. General prohibition. It is unlawful for any person to establish, construct, alter or operate any waste facility without a permit issued by the department. 2. On-site disposal of domestic septage; penalty. 3. Discharge of hazardous waste. The discharge of hazardous waste into o…

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 …

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 bet…

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 o…

1. Application for public benefit determination. Prior to submitting an application under section 1310‑N for a license for a new or expanded solid waste disposal facility, a person must apply to the commissioner for a determination of whether the proposed facility provides a subs…

1. Public records. Except as provided in subsections 2 and 3, information obtained by the department under this chapter is a public record as provided by Title 1, chapter 13, subchapter I. In addition to remedies provided under Title 1, chapter 13, subchapter I, the Superior Cour…

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 polyfluoroalk…

There is established within the Department of Environmental Protection a remediation and closure program for solid waste landfills. [PL 1987, c. 517, §25 (NEW).] 1. Objectives. The program has the following objectives: A. To accomplish the prompt closure of solid waste landfills …

The provisions of this section govern open-municipal solid waste landfills. [PL 2001, c. 212, §4 (AMD).] 1. Landfill ranking. The department shall create and maintain a list of all open-municipal solid waste landfills ranked on the basis of the hazard each poses or potentially po…

Notwithstanding closure schedules previously established by rule, unlicensed and licensed open-municipal solid waste landfills that have not been closed must be closed in accordance with the schedule established by federal law or rule; state law or rule; schedules of compliance; …

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 mu…

The commissioner shall administer a closure and remediation cost-sharing program to assist municipalities and other public entities as provided in subsection 3 in the planning and implementation of the closure and remediation orders. The program is subject to the following provis…

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 follo…

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 substanti…

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 par…

No person may locate, establish, construct, expand the disposal capacity of or operate any solid waste facility unless approved by the department under the provisions of this chapter. When the proposed facility is located within the jurisdiction of the Maine Land Use Planning Com…

1. Transfer. A person may not transfer a license issued pursuant to this Title without the transfer of the license being approved by the department prior to transfer of the ownership of the property, facility or structure that constitutes or is part of the solid waste disposal fa…

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. 2. Recycling. The recycling requirements shall apply as follows. A. The d…

In addition to provisions for public participation provided pursuant to Title 5, chapter 375, the following provisions apply to an application for a solid waste disposal facility. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).] 1. Notification. A person a…

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 appli…

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…

Prior to 91 days after the First Regular Session of the 113th Legislature adjourns, the department may not process or act upon any application or issue a license for a new commercial landfill facility or the substantial expansion of a commercial landfill facility. In processing a…

1. New facilities. Notwithstanding Title 1, section 302, the department may not approve an application for a new commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, including any applications pending before the department o…

An owner or operator of a solid waste processing facility that processes plastic waste through chemical plastic processing that is licensed under section 1310‑N or of a solid waste disposal facility that is licensed under section 1310‑N shall provide the department assurance of i…

Laboratory analyses required in support of the licensing, operation, closure or postclosure care of a solid waste facility must be performed by a qualified laboratory. Six months after the adoption of laboratory certification rules required by Title 22, section 567, all laborator…

A person may not handle used motor vehicle tires at an uncontrolled tire stockpile in violation of an order issued under this subchapter.

If the commissioner finds upon investigation that an area or location where used motor vehicle tires are or were handled, stored or disposed of is not licensed or is in violation of the solid waste management rules relating to tires and presents a significant fire hazard or a thr…

If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316‑A or an administrative consent agreement issued pursuant to section 347‑A, subsection 4 or any court order, the commissioner may act to abate, clean u…

Each responsible party is jointly and severally liable for all costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury to, destructi…

Notwithstanding Title 14, chapter 741, the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person…

1. Establishment. All costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of an uncontrolled tire stockpile and all related interest and penalties constitute a lien against the real estate of the responsible party or pa…

The Tire Management Fund is created within the department as a nonlapsing dedicated fund to pay the costs of tire stockpile abatement, remediation and cleanup. All funds appropriated or allocated to the fund must be deposited in the fund and the fund may accept grants, bequests, …

The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies including the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corr…

1. Disposal, storage and processing. A person may not dispose of, store or process, or cause to be disposed of, stored or processed, used motor vehicle tires at a site or facility in this State that: A. Is an uncontrolled tire stockpile that is the subject of an administrative or…

1. Examination of license and manifest. A state, county or local law enforcement officer may examine a nonhazardous waste transporter license to determine if it is valid, or a nonhazardous waste manifest to determine whether scrap tires are being transported to a licensed or exem…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 406, §1 (NEW).] 1. Dangerous or unsafe material. "Dangerous or unsafe material" means any substance or material that is capable of or likely to cause …

A person commits a civil violation for which a fine of not more than $500 may be assessed if, with respect to any dangerous or unsafe material that the person knows is dangerous or unsafe, that person knowingly: [PL 2005, c. 406, §1 (NEW).] 1. Conceals. Conceals that material by …

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 730, §2 (NEW).] 1. Discharge. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or d…

The discharge of hazardous matter into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air is prohibited unless licensed or authorized under state or federal law. For purposes of this section, the discharge o…