CHAPTER 512
H.P. 703 - L.D. 967
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §9321, sub-§1, ¶¶G and H, as enacted by PL 1979, c. 545, §3, are amended to read:
G. The presence or availability of sufficient force and equipment to control the burning; and
H. Experience and capability of the permittee in the safe use and control of the proposed burning.; and
Sec. 2. 12 MRSA §9321, sub-§1, ¶I is enacted to read:
I. In issuing a permit under section 9325, subsection 1, paragraph E, any prior convictions for violating that paragraph or section 9324, subsection 7.
Sec. 3. 12 MRSA §9321-A, sub-§1, as enacted by PL 1987, c. 618, §2, is amended to read:
1. Possession and production of permit in organized territory. Any person, firm or corporation which that engages in out-of-door burning in any municipality, plantation or village corporation as permitted by this article shall possess the permit at the scene of the burning and shall produce the permit on the demand of authorized persons, including fire chiefs, town forest fire wardens or their designated agents, state forest rangers, municipal code enforcement officers and any law enforcement officer as defined in Title 17-A.
Sec. 4. 12 MRSA §9324, sub-§6, as enacted by PL 1983, c. 504, §4, is repealed.
Sec. 5. 12 MRSA §9324, sub-§7 is enacted to read:
7. Trash. Out-of-door burning of highly combustible trash is prohibited where municipal trash collection service is available and will accept those materials. Out-of-door burning of plastics, rubber, styrofoam, metals, food wastes or chemicals is prohibited in all areas of the State.
For purposes of this subsection, the following terms have the following meanings.
A. "Highly combustible trash" means wooden boxes or other wood material, paper and cardboard.
B. "Municipal trash collection service" means any curbside trash collection service that is operated or contracted for by the municipality or that is required by municipal ordinance.
Sec. 6. 12 MRSA §9325, sub-§1, ¶E, as enacted by PL 1991, c. 36, §4, is repealed and the following enacted in its place:
E. Residential out-of-door burning of highly combustible trash as defined in section 9324, subsection 7 in open or enclosed incinerators where municipal trash collection service as defined in section 9324, subsection 7 is not available or will not accept those materials. The incinerator must have been inspected and approved by a municipal fire chief, town forest fire warden or forest ranger using minimum criteria established by the director for safe operation;
Sec. 7. Department of Environmental Protection to Study Backyard Burning. The Department of Environmental Protection shall, within its existing budgeted resources, examine the following issues:
1. The extent of backyard burning in the State and a comparison of the extent of and issues involved with backyard burning in urban, suburban and rural areas;
2. The impact of cultural influences and economic incentives on backyard burning;
3. The impact of backyard burning on local air quality and the level of human exposure to pollutants. Existing data may be used to examine these issues;
4. The state solid waste management and recycling infrastructure and its impact on backyard burning, including existing disincentives to recycle or dispose of trash properly;
5. Alternative solid waste management strategies that may reduce backyard burning;
6. Where backyard burning should be prohibited or restricted; and
7. The impact of prohibiting backyard burning on municipalities, including island communities, and on the costs of solid waste management.
In examining these issues, the department may analyze the results of a survey distributed with new out-of-door burning permits.
Sec. 8. Report and recommendations. The Department of Environmental Protection shall submit a report of its findings and recommendations with any implementing legislation to the Joint Standing Committee on Natural Resources no later than January 1, 1998. The report must include specific recommendations on whether to prohibit or further restrict backyard burning, with an explanation of the implications of such action.
Sec. 9. Educational outreach. The Department of Environmental Protection, in consultation with the Executive Department, State Planning Office and the Department of Conservation, Bureau of Forestry, shall undertake an educational outreach program to inform the public about the health and environmental effects of backyard burning. The Department of Environmental Protection shall include in the report required in section 8 an update on implementation of the educational outreach program.
Effective September 19, 1997, unless otherwise indicated.
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