Title 38, Title 38

1. Identification of hazardous matter. A. Any substance designated as hazardous by the United States Environmental Protection Agency in proposed or final regulations under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code, Se…

1. Facilities. The commissioner may undertake studies and evaluations necessary to develop suitable waste facilities. 2. Training. The commissioner may train state and local personnel to remove discharges of hazardous matter. Insofar as practical, the commissioner shall rely on e…

The Legislature finds that the proper handling of hazardous waste and protection of the natural environment are important to the public health, safety and welfare. The Legislature also finds that spills and unlicensed discharges of hazardous waste may cause damage to owners and u…

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 478, §7 (NEW).] 1. Discharge. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or d…

The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III. All fees, penalties, interest and other charges under this subchapter must be cr…

1. Money disbursed. Money in the Maine Hazardous Waste Fund may be disbursed by the commissioner for the following purposes, but for no other: A. Costs incurred in the removal or abatement of an unlicensed discharge or threatened discharge of hazardous waste, waste oil or biomedi…

The commissioner may employ personnel, subject to the Personnel Laws, and maintain equipment necessary to carry out the department's responsibilities under this subchapter.

1. Recovery. The commissioner shall seek recovery to the use of the Maine Hazardous Waste Fund of all sums expended from the fund, including overdrafts, for disbursements made from the fund under section 1319‑E, subsection 1, paragraphs A, B and C, including interest computed at …

1. Fees for reviewing applications. The following fees are required for reviewing applications. A. Any person who applies for a license for a hazardous waste or waste oil facility shall pay the appropriate fee. An application for a license will not be considered complete and will…

1. Fees for actions taken on the site of generation. Any person in the State who generates more than 1,000 kilograms of hazardous waste in any calendar month shall pay a fee as follows: A. For hazardous waste that is disposed of on the site of generation in a licensed hazardous w…

Any person who permits, causes or is responsible for a discharge or threatened discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, including personnel costs, in the removal of the discharge or threatened discharge. Funds recovered under thi…

This subchapter, being necessary for the general welfare, public health and public safety of the State and its inhabitants, shall be construed to effect the purposes set forth under this subchapter. No rule, regulation or order of the board may be stayed pending appeal under this…

1. Licensing. A hazardous waste facility license is not required under section 1317‑A or 1319‑O for elementary neutralization units as defined in department rules for the owner or operator of the facility who complies with requirements of law applicable to elementary neutralizati…

1. Hazardous waste. This subsection governs rulemaking for hazardous waste. A. The department may adopt and amend rules identifying hazardous waste. It is the intent of the Legislature that the department shall identify as hazardous waste those substances that are identified by t…

Nothing in this chapter shall be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that these ordi…

1. Data collection and monitoring. The commissioner shall have data on the generation, transportation and handling of hazardous waste collected and monitored in a coordinated manner. 2. Report. The commissioner shall biennially, prior to November 1st, prepare a report to the join…

1. Licenses for hazardous waste facilities. The department shall issue a license for a hazardous waste facility whenever the department finds that the facility will not pollute any water of the State, contaminate the ambient air, constitute a hazard to health or welfare or create…

1. Closure plan. Closure of any new or existing waste facility for hazardous waste and, if required, post-closure care, must be in accordance with a closure plan and, if required, a post-closure plan, approved by the board. An applicant for a license for a waste facility for haza…

In addition to being subject to civil penalties as provided by section 349, subsection 2 and to criminal penalties as provided in section 349, subsection 3, conduct described in subsections 1 and 2 is subject to criminal penalties as follows. [PL 1991, c. 548, Pt. A, §32 (AMD).] …

1. Property forfeited. The following property shall be subject to forfeiture to the State and all property rights therein shall be in the State: A. All conveyances which are used or intended for use in handling or transporting hazardous waste in violation of this subchapter and a…

1. Requirement. The facility owner or operator shall undertake corrective action beyond the facility boundary or site to remove the danger to public health or the environment unless the facility owner or operator demonstrates to the satisfaction of the board that the owner or ope…

If the owner or operator of a facility permitted under this subchapter is in liquidation, reorganization or adjustment pursuant to the federal Bankruptcy Reform Act of 1978, Public Law 95-598, as amended, or when, with reasonable diligence, jurisdiction in any state court or any …

The following criteria for facility development apply to an application for a waste oil facility or a new or substantially modified biomedical waste treatment or disposal facility in addition to other criteria established by law or rule for those facilities. [PL 2021, c. 186, §16…

Owners and operators of used oil collection centers who wish to register their used oil collection centers for the purposes of section 1319‑G, subsection 3 must comply with the following requirements in addition to any other requirements that may be established in rules adopted p…

The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of th…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 569, §1 (NEW).] 1. Hazardous substance. "Hazardous substance" means: A. Any substance identified by the department under section 1319‑O; [PL 2019, c. 315…

No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter.

1. Technical services. The commissioner shall establish a technical services capability within the department to assist in the identification, evaluation and mitigation of uncontrolled hazardous substance sites. 2. Rules. The board may adopt rules related to the handling of hazar…

1. Investigation. Upon finding, after investigation, that a location at which hazardous substances are or were handled or otherwise came to be located may create a danger to the public health, to the safety of any person or to the environment, the commissioner may: A. Designate t…

Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontr…

Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and each responsible party is jointly and sev…

1. Limited exemption from liability for state or local governmental entities. Liability under section 1367 does not apply to the State or a political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pur…

If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with a hazardous substance: [PL 1993, c. 621, §8 (NEW).] 1. De…

Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor. The Governor may declare an emergency and, in addition to whatever action is necessary and avai…

Notwithstanding the provisions of Title 14, chapter 741, neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule adopted or directive issued in…

The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319‑U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 (AMD).] 1. Real estate. All real estate, structures, appurtenances, improv…

1. Established. All costs incurred by the State for the abatement, cleanup or mitigation of hazards posed by an uncontrolled hazardous substance site and all interest and penalties shall be a lien against the real estate of the responsible party. 2. Priority. The priority of a li…

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, to establish a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous waste. The …

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 569, §6 (NEW).] 1. Aboveground heating oil supply tank. "Aboveground heating oil supply tank" means an aboveground oil storage tank that is connected dir…

1. Prohibition. Unless otherwise exempted pursuant to subsection 2: A. A person may not install an underground oil storage facility in a wellhead protection zone; and [PL 2007, c. 569, §6 (NEW).] B. After September 30, 2008, a person may not install in a wellhead protection zone:…

The provisions of this section govern the granting of a variance from the prohibitions under section 1393. [PL 2007, c. 569, §6 (NEW).] 1. Community drinking water well, private drinking water well or well that supplies school. In the case of a community drinking water well, a pr…

Effective July 1, 2009, a person may not install an aboveground heating oil supply tank in the wellhead protection zone of a community drinking water well unless the tank: [PL 2007, c. 569, §6 (NEW).] 1. Double-walled or secondary containment. Is a double-walled tank or has secon…

The commissioner may disburse money from the Maine Ground and Surface Waters Clean-up and Response Fund to retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage facilities in a wellhead protection zone when the commissioner determines that action is…

In addition to other enforcement actions allowed under state law, the commissioner may issue an administrative order after providing a notice of violation for failure to comply with the requirements of this chapter and after providing a reasonable opportunity to correct the viola…

Clean-up costs and 3rd-party damages resulting from discharges from an aboveground oil storage facility or an underground oil storage facility installed in violation of section 1393 are not eligible for coverage by the Maine Ground and Surface Waters Clean-up and Response Fund un…

This chapter may not be construed to prevent a municipality from imposing siting restrictions more stringent than the prohibitions in this chapter or in rules adopted by the board.