LD 141
pg. 2
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LR 109
Item 1

 
Sec. 2. Rule adoption. Notwithstanding the Maine Revised Statutes,
Title 5, chapter 375 and Title 38, section 341-D, subsection 1-B,
within 30 days after the effective date of this Act, the Board of
Environmental Protection shall adopt the rule amendments to Chapter
418: Beneficial Use of Solid Wastes, Chapter 402: Transfer Stations
and Storage Sites for Solid Waste, Chapter 405: Water Quality
Monitoring, Leachate Monitoring, and Waste Characterization and
Chapter 409: Processing Facilities that were proposed to the Board
of Environmental Protection by the Department of Environmental
Protection and that, following notice and comment as required by
Title 5, chapter 375, were the subject of a public hearing before
the board on November 17, 2005, except that the rules must reflect
the changes made by the department that were contained in the draft
rules submitted to the board on March 16, 2006 and may not allow
the substitution of wood from construction and demolition debris
for conventional fuels used in a boiler to exceed 50% of total fuel
by weight combusted on an average annual basis pursuant to Title
38, section 1306, subsection 6. Amendments to chapters 418, 402,
405 and 409 that are adopted by the board after 30 days after the
effective date of this Act are routine technical rules as defined
by Title 5, chapter 375, subchapter 2-A.

 
Sec. 3. Source separation report. The Department of Environmental
Protection shall evaluate the feasibility of requiring source
separation and state-of-the-art processing that will achieve, to
the greatest extent practicable, the removal of all toxic
materials from construction and demolition debris prior to
combustion in a boiler. The evaluation must include, but is not
limited to, a review of the "positive pick" method of sorting,
and requiring material separation at the location at which
buildings are demolished. By February 1, 2007, the department
shall submit a report in connection with the evaluation to the
joint standing committee of the Legislature having jurisdiction
over natural resources matters. The report must include the
department's findings and recommendations and any proposed
legislation.

 
Sec. 4. Best available control technology report. The Department of
Environmental Protection shall evaluate the economic and
technological feasibility of requiring all boilers that burn
construction and demolition debris to use the best available
control technology in order to minimize toxic air

 
emissions. By February 1, 2007, the department shall submit a
report in connection with the evaluation to the joint standing
committee of the Legislature having jurisdiction over natural
resources matters. The report must include the department's
findings and recommendations and any proposed legislation.


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