An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Sec. 1. 32 MRSA §10006, as amended by PL 2001, c. 231, §8, is further amended to read:
§ 10006. Certification
Sec. 2. 32 MRSA §10010, first ¶, as amended by PL 2001, c. 231, §10, is further amended to read:
An applicant for certification as an underground oil storage tank installer or an underground gasoline storage tank remover or an underground oil storage tank inspector must file a written application provided by the board, showing to the satisfaction of the board that that person meets the following requirements.
Sec. 3. 32 MRSA §10010, sub-§3, ¶B, as repealed and replaced by PL 1989, c. 312, §8, is amended to read:
Sec. 4. 32 MRSA §10010, sub-§3, ¶C, as enacted by PL 1989, c. 312, §9, is amended to read:
Sec. 5. 32 MRSA §10010, sub-§3-A, ¶B, as enacted by PL 1989, c. 312, §10, is amended to read:
Sec. 6. 32 MRSA §10010, sub-§3-A, ¶C, as enacted by PL 1989, c. 312, §10, is repealed.
Sec. 7. 32 MRSA §10010, sub-§3-A, ¶D, as enacted by PL 1989, c. 312, §10, is amended to read:
Sec. 8. 32 MRSA §10010, sub-§5, as amended by PL 1997, c. 364, §10, is repealed.
Sec. 9. 32 MRSA §10010-C, as enacted by PL 1991, c. 817, §6, is repealed.
Sec. 10. 32 MRSA §10011, sub-§1, as amended by PL 2001, c. 231, §12, is further amended to read:
Sec. 11. 32 MRSA §10015, sub-§2, as amended by PL 2001, c. 231, §16, is further amended to read:
Sec. 12. 38 MRSA §347-A, sub-§5, as enacted by PL 1989, c. 890, Pt. A, §32 and affected by §40, is amended to read:
Sec. 13. 38 MRSA §348, sub-§1, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §6, is further amended to read:
Sec. 14. 38 MRSA §348, sub-§3, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §6, is further amended to read:
Sec. 15. 38 MRSA §352, sub-§2, ¶G, as enacted by PL 2005, c. 330, §6, is amended to read:
Sec. 16. 38 MRSA §361-A, sub-§1-J, as amended by PL 2005, c. 330, §7, is further amended to read:
Sec. 17. 38 MRSA §361-A, sub-§1-K, as amended by PL 2005, c. 330, §8, is further amended to read:
Sec. 18. 38 MRSA §413, sub-§3, as amended by PL 2003, c. 246, §6 and c. 689, Pt. B, §6, is further amended to read:
Except when it has been demonstrated within 5 years prior to a transfer that there is no technologically proven alternative to an overboard discharge, prior to transfer of ownership of property containing an overboard discharge, the parties to the transfer shall determine the feasibility of technologically proven alternatives to the overboard discharge that are consistent with the plumbing standards adopted by the Department of Health and Human Services pursuant to Title 22, section 42 based on documentation from a licensed site evaluator provided by the applicant and approved by the Department of Environmental Protection. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharge. If an alternative to the overboard discharge is identified, the alternative system must be installed within 90 days of property transfer, except that, if soil conditions are poor due to seasonal weather, the alternative may be installed as soon as soil conditions permit. The installation of an alternative to the overboard discharge may be eligible for funding under section 411-A.
Sec. 19. 38 MRSA §420-D, sub-§14 is enacted to read:
Sec. 20. 38 MRSA §437, sub-§4, as amended by PL 1989, c. 403, §6, is further amended to read:
Sec. 21. 38 MRSA §439-A, sub-§5, ¶A, as repealed and replaced by PL 1991, c. 66, Pt. A, §10, is amended to read:
Sec. 22. 38 MRSA §439-A, sub-§6, ¶C, as enacted by PL 1987, c. 815, §§7 and 11, is amended to read:
Sec. 23. 38 MRSA §465-A, sub-§1, ¶B, as enacted by PL 1985, c. 698, §15, is amended to read:
Sec. 24. 38 MRSA §480-P, sub-§6, as enacted by PL 1987, c. 809, §2, is amended to read:
Sec. 25. 38 MRSA §480-P, sub-§13, as enacted by PL 1987, c. 809, §2, is amended to read:
Sec. 26. 38 MRSA §480-Q, sub-§23, ¶B is amended to read:
(1) There is no cleared opening greater than 250 square feet in the forest canopy as measured from the outer limits of the tree crown, except that a footpath may be established for the purpose of access to water if it does not exceed 6 feet in width as measured between tree trunks and has at least one bend in its path to divert channelized runoff;
(2) Any selective cutting of trees within the buffer strip leaves a well-distributed stand of trees and other natural vegetation.
(a) For the purposes of this subparagraph, a "well-distributed stand of trees" is defined as maintaining a rating score of 16 or more points in a 25-foot by 50-foot rectangular area as determined by the following rating system.
(i) A tree with a diameter at 4 1/2 feet above ground level of 2.0 to less than 4.0 inches has a point value of one.
(ii) A tree with a diameter at 4 1/2 feet above ground level of 4.0 inches to less than 8.0 inches has a point value of 2.
(iii) A tree with a diameter at 4 1/2 feet above ground level of 8.0 inches to less than 12.0 inches has a point value of 4.
(iv) A tree with a diameter at 4 1/2 feet above ground level of 12.0 or more inches has a point value of 8.
(b) In applying this point system:
(i) The 25-foot by 50-foot rectangular plots must be established where the landowner or lessee proposes clearing within the required buffer;
(ii) Each successive plot must be adjacent to, but may not overlap, a previous plot;
(iii) Any plot not containing the required points may have no vegetation removed except as otherwise allowed by this subsection;
(iv) Any plot containing the required points may have vegetation removed down to the minimum points required or as otherwise allowed by this subsection; and
(v) Where conditions permit, no more than 50% of the points on any 25-foot by 50-foot rectangular area may consist of trees greater than 12 inches in diameter.
(c) For the purposes of this subparagraph, "other natural vegetation" is defined as retaining existing vegetation under 3 feet in height and other ground cover and retaining at least 5 saplings less than 2 inches in diameter at 4 1/2 feet above ground level for each 25-foot by 50-foot rectangular area. If 5 saplings do not exist, the landowner or lessee may not remove any woody stems less than 2 inches in diameter until 5 saplings have been recruited into the plot;
(3) In addition to the requirements of subparagraph (2), no more than 40% of the total volume of trees 4.0 4.5 inches or more in diameter, measured 4 1/2 feet above ground level, is selectively cut in any 10-year period;
(5) Tree branches are not pruned except on the bottom 1/3 of the tree as long as tree vitality will not be adversely affected; and
(6) In order to maintain a buffer strip of vegetation, when the removal of storm-damaged, diseased, unsafe or dead trees results in the creation of cleared openings in excess of 250 square feet, these openings are replanted with native tree species unless there is existing new tree growth.
Sec. 27. 38 MRSA §551, sub-§6, as amended by PL 1993, c. 355, §13, is further amended to read:
Requests for reimbursement to the fund, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General in conformance with Title 5, section 191 , or the department may file suit in District Court. The commissioner may file claims with appropriate federal agencies to recover for the use of the fund all disbursements from the fund in connection with a prohibited discharge.
Requests for reimbursement to the fund for disbursements pursuant to subsection 5, paragraph B, if not paid within 60 days of demand, are subject to a penalty not to exceed twice the total amount of reimbursement requested. This penalty is in addition to the reimbursement requested and any other fines or civil penalties authorized by this Title.
Sec. 28. 38 MRSA §551-A, sub-§1, as enacted by PL 1991, c. 698, §12, is amended to read:
Sec. 29. 38 MRSA §551-A, sub-§2, as enacted by PL 1991, c. 698, §12, is amended to read:
Sec. 30. 38 MRSA §551-A, sub-§4, as enacted by PL 1991, c. 698, §12, is amended to read:
Sec. 31. 38 MRSA §566-A, sub-§5, as amended by PL 2001, c. 626, §14, is further amended to read:
Sec. 32. 38 MRSA §566-A, sub-§6, as amended by PL 1991, c. 88, §3, is repealed.
Sec. 33. 38 MRSA §570, first ¶, as amended by PL 1999, c. 278, §4 and affected by PL 2003, c. 245, §21, is further amended to read:
The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, each responsible party is jointly and severally liable for all disbursements made by the State pursuant to section 569-A, subsection 8, paragraphs B, D, E, H and J, or other damage incurred by the State, except for costs found by the commissioner to be eligible for coverage under the fund. The term "other damages," as used in this paragraph, includes interest computed at 15% a year from the date of expenditure and damage for injury to, destruction of, loss of or loss of use of natural resources and the reasonable costs of assessing natural resources damage. The commissioner shall demand reimbursement of costs and damages paid by the department from state or federal funds except for amounts that are eligible for coverage by the fund under this subchapter. Payment must be made promptly by the responsible party or parties upon whom the demand is made. If payment is not received by the State within 30 days of the demand, the Attorney General may file suit in the Superior Court or the department may file suit in District Court and, in addition to relief provided by other law, may seek punitive damages as provided in section 568. Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.
Sec. 34. 38 MRSA §570, first ¶, as amended by PL 1999, c. 278, §5 and affected by PL 2003, c. 245, §20, is further amended to read:
The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, each responsible party is jointly and severally liable for all disbursements made by the State pursuant to section 569-B, subsection 5, paragraphs B, D, E and G or other damage incurred by the State, including interest computed at 15% a year from the date of expenditure, and damage for injury to, destruction of, loss of or loss of use of natural resources and the reasonable costs of assessing natural resources damage. The commissioner shall demand reimbursement of costs and payment of damages paid by the department from state or federal funds to be recovered under this section and payment must be made promptly by the responsible party or parties upon whom the demand is made. If payment is not received by the State within 30 days of the demand, the Attorney General may file suit in the Superior Court or the department may file suit in District Court and, in addition to relief provided by other law, may seek punitive damages as provided in section 568. Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.
Sec. 35. 38 MRSA §570-H, as amended by PL 2001, c. 356, §9, is repealed and the following enacted in its place:
§ 570-H. Report; adequacy of fund
On or before February 15th of each year, the Fund Insurance Review Board, with the cooperation of the commissioner, shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the department's and the board's experience administering the fund, clean-up activities and 3rd-party damage claims. The report must include an assessment of the adequacy of the fund to cover anticipated expenses and any recommendations for statutory change. The report also must include an assessment of the adequacy of the Underground Oil Storage Replacement Fund and the Waste Oil Clean-up Fund to cover anticipated expenses and any recommendations for statutory change. To carry out its responsibility under this section, the board may order an independent audit of disbursements from the Groundwater Oil Clean-up Fund, the Underground Oil Storage Replacement Fund and the Waste Oil Clean-up Fund.
Sec. 36. 38 MRSA §1319-Q, as amended by PL 1993, c. 355, §§55 to 57, is further amended to read:
§ 1319-Q. Data collection; report
Sec. 37. 38 MRSA §1610, sub-§1, as reallocated by RR 2003, c. 2, §119, is amended to read:
The Legislature finds that the purpose of this section is to establish a comprehensive electronics recycling system that ensures the safe and environmentally sound handling, recycling and disposal of electronic products and components and encourages the design of electronic products and components that are less toxic and more recyclable.
The Legislature further finds that it is the purpose of this section to establish an electronics recycling system that is convenient and minimizes cost to the consumer of electronic products and components. It is the intent of the Legislature that manufacturers of electronic products and components will be responsible for ensuring proper handling, recycling and disposal of discarded products and that costs associated with consolidation, handling and recycling be internalized by the manufacturers of electronic products and components before the point of purchase.
The Legislature further finds that the manufacturers of electronic products and components should reduce and, to the extent feasible, ultimately phase out the use of hazardous materials in these products.
The Legislature further finds that a system of shared responsibility for the collection and recycling of covered electronic devices among manufacturers, consolidation facilities consolidators, municipalities and other parties is the most effective and equitable means of achieving the purposes of this section. Manufacturers of electronic devices and components, in working to achieve the goals and objectives of this section, should have the flexibility to act in partnership with each other, with state, municipal and regional governments and with businesses that provide collection and handling services to develop, implement and promote a safe and effective electronics recycling system for the State.
Sec. 38. 38 MRSA §1610, sub-§2, ¶B, as reallocated by RR 2003, c. 2, §119, is amended to read:
Sec. 39. 38 MRSA §1610, sub-§2, ¶B-1 is enacted to read:
Sec. 40. 38 MRSA §1610, sub-§2, ¶D, as amended by PL 2005, c. 330, §37, is further amended to read:
(1) Manufactures or has manufactured a covered electronic device under its own brand or label;
(2) Sells or has sold under its own brand or label a covered electronic device produced by other suppliers;
(3) Imports or has imported a covered electronic device into the United States that is manufactured by a person without a presence in the United States; or
(4) Owns a brand that it licenses or licensed to another person for use on a covered electronic device.
Sec. 41. 38 MRSA §1610, sub-§5, as amended by PL 2005, c. 330, §38, is further amended to read:
(1) Beginning January 1, 2006, a consolidation facility consolidator shall identify the manufacturer of each waste computer monitor and waste television delivered to the a consolidation facility and identified as generated by a household in this State and shall maintain an accounting of the number of waste household computer monitors and waste household televisions by manufacturer. By March 1st each year beginning in 2007, a consolidation facility consolidator shall provide this accounting by manufacturer to the department.
(2) A consolidation facility consolidator may perform the manufacturer identification required by subparagraph (1) at the consolidation facility or may contract for this identification and accounting service with the recycling and dismantling facility to which the waste is shipped.
(3) A consolidation facility consolidator shall work cooperatively with manufacturers to ensure implementation of a practical and feasible financing system. At a minimum, a consolidation facility consolidator shall invoice the manufacturers for the handling, transportation and recycling costs for which they are responsible under the provisions of this subsection.
(4) A consolidation facility consolidator shall transport waste computer monitors and waste televisions to a recycling and dismantling facility that provides a sworn certification pursuant to paragraph C. A consolidation facility consolidator shall maintain for a minimum of 3 years a copy of the sworn certification from each recycling and dismantling facility that receives covered electronic devices from the consolidation facility consolidator and shall provide the department with a copy of these records within 24 hours of request by the department.
(1) Ninety days after the department adopts rules as provided for in this subparagraph, each computer monitor manufacturer and each television manufacturer is individually responsible for handling and recycling all computer monitors and televisions that are produced by that manufacturer or by any business for which the manufacturer has assumed legal responsibility, that are generated as waste by households in this State and that are received at consolidation facilities in this State. In addition, each computer manufacturer is responsible for a pro rata share of orphan waste computer monitors and each television manufacturer is responsible for a pro rata share of orphan waste televisions generated as waste by households in this State and received at consolidation facilities in this State. The manufacturers shall pay the reasonable operational costs of the consolidation facility consolidator attributable to the handling of all computer monitors and televisions generated as waste by households in this State, the transportation costs from the consolidation facility to a licensed recycling and dismantling facility and the costs of recycling. The manufacturers shall ensure that consolidation facilities are geographically located to conveniently serve all areas of the State as determined by the department. By November 1, 2005, the department shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A that identify the criteria that consolidation facilities consolidators must use to determine reasonable operational costs attributable to the handling of computer monitors and televisions.
(2) Each computer monitor manufacturer and television manufacturer shall work cooperatively with consolidation facilities consolidators to ensure implementation of a practical and feasible financing system. Within 90 days of receipt of an invoice, a manufacturer shall reimburse a consolidation facility consolidator for allowable costs incurred by that consolidation facility consolidator.
Sec. 42. 38 MRSA §1610, sub-§6, ¶A, as amended by PL 2005, c. 561, §8, is further amended to read:
(1) By March 1, 2005, a manufacturer of computer monitors and a manufacturer of televisions shall develop and submit to the department a plan for the collection and recycling or reuse of computer monitors and televisions produced by the manufacturer and generated as waste by households in this State. This plan must be based on the manufacturer's taking responsibility for its products upon receipt at consolidation facilities in the State. Following submission of the original plan, manufacturers may revise their plans at any time as they may consider appropriate in response to changing circumstances or needs only if these revisions conform to the provisions of this section and rules adopted pursuant to this section and are submitted to the department in a timely fashion.
(2) Ninety days after the department adopts rules under subsection 5, paragraph D, subparagraph (1), a manufacturer of computer monitors and a manufacturer of televisions shall implement and finance the implementation of this plan for the collection and recycling or reuse of computer monitors and televisions produced by the manufacturer and generated as waste by households in this State.
(3) Notwithstanding subparagraphs (1) and (2), a manufacturer may satisfy the plan requirements of this paragraph by agreeing to participate in a collective recovery plan with other manufacturers. The collective recovery plan must meet the same standards and requirements of the plans submitted by individual manufacturers.
(4) The plan developed by the manufacturer must include, at a minimum:
(a) A description of the collection system, including the methods of convenient collection;
(b) A public education element to inform the public about the collection system, including details about meeting all consumer notification and labeling requirements;
(c) Details for implementing and financing the handling of computer monitors and televisions produced by the manufacturer and orphan waste computer monitors and televisions that are generated as waste by households in this State and received by consolidation facilities in this State;
(d) Details for the method of reimbursing consolidation facilities consolidators for the costs of handling and recycling the household computer monitors and televisions;
(g) Descriptions of the performance measures that will be used and reported by the manufacturer to report recovery and recycling rates for computer monitors and televisions at the end of life of those computer monitors and televisions; and
(i) Annual sales data on the number and type of computer monitors and televisions sold by the manufacturer in this State over the 5 years preceding the filing of the plan. The department may keep information submitted pursuant to this division confidential as provided under section 1310-B.
(5) A manufacturer is responsible for all costs associated with the development and implementation of the plan. If the costs are passed on to consumers, the costs must be imposed at the time of purchase and not with a fee imposed at the end of life of the computer monitor or television.
Sec. 43. 38 MRSA §1665-A, sub-§9, as amended by PL 2003, c. 6, §1, is further amended to read:
Sec. 44. Applicability. Notwithstanding the Maine Revised Statutes, Title 32, Section 10010, any person certified as a Class 3 underground oil storage tank installer by the Board of Underground Oil Storage Tank Installers prior to the effective date of this Act may continue to install or remove underground oil storage tanks in accordance with the conditions and limitations of the certification until the certification expires by its terms.
summary
This bill amends the law governing certification of underground oil storage tank installers by the Board of Underground Oil Storage Tank Installers. The amendments eliminate the current distinction between Class I and Class II installers and eliminate the requirement to complete 6 tank installations as a condition of certification. In lieu of the latter requirement, candidates for certification must demonstrate field experience in accordance with rules to be adopted by the board.
The bill amends the definition of "Code of Federal Regulations" to include those regulations effective on or before July 1, 2007.
The bill amends the definition of "Federal Water Pollution Control Act" to include amendments effective on or before July 1, 2007.
The bill amends the transfer provision in the waste discharge laws to provide that application for transfer of a license must be made no later than 2 weeks after the transfer of ownership or interest in the source of the discharge is completed.
The bill adds a rescission provision to the stormwater management laws.
The bill amends the Fish River provision in the significant rivers list of the mandatory shoreland zoning laws to update a location description that refers to a bridge that has been removed.
The bill amends the volume standard in the timber harvesting standard of the mandatory shoreland zoning laws to be consistent with statewide timber harvesting standards adopted by the Department of Conservation.
The bill amends the volume standard in the clearing of vegetation standard of the mandatory shoreland zoning laws to be consistent with statewide timber harvesting standards adopted by the Department of Conservation.
The bill amends the bacteria standard for Class GPA waters in the water classification program to include Escherichia coli bacteria of domestic animal origin, consistent with other recent changes to bacteria standards in this program.
The bill amends the Fish River provision in the list of outstanding river segments in the natural resources protection laws to update a location description that refers to a bridge that has been removed.
The bill amends the Piscataquis River provision in the list of outstanding river segments in the natural resources protection laws to change the name of Little Squaw Township to Moosehead Junction Township.
This bill amends the exemption in the natural resources protection laws for cutting or clearing subject to mandatory shoreland zoning laws to be consistent with statewide timber harvesting standards adopted by the Department of Conservation.
This bill reduces the number of members on the Oil Spill Advisory Committee from 14 to 9.
This bill eliminates reference to 2 completed reporting requirements on the availability of insurance for oil storage tanks, while preserving the requirement to prepare an annual report on the adequacy of the Ground Water Oil Clean-up Fund.
This bill provides for the biennial report on hazardous waste handling prepared by the Department of Environmental Protection under the Maine Revised Statutes, Title 38, section 1319-Q to be filed directly with the Legislature by November 1st. The bill also eliminates the need for the report to include recommendations for legislative action to develop and establish needed hazardous waste facilities. The current law provides for the report to be filed first with the Board of Environmental Protection for the purpose of making recommendations regarding the need for additional hazardous waste capacity. The board's responsibility to assess capacity needs was eliminated with the repeal of Title 38, section 1319-Q, subsection 3 in 1993.
This bill clarifies the law governing recycling of electronic waste by defining the term "consolidator" and amending the definitions of "consolidation facility" and "manufacturer."
This bill requires the Department of Environmental Protection to submit the annual report on the removal of mercury switches from automobiles to the joint standing committee of the Legislature having jurisdiction over natural resources matters. Under current law, the report is submitted to the Mercury Products Advisory Committee, which ceased to exist as of August 1, 2006 by operation of law.
This bill adds language that removes any ambiguity that might be read into the State's environmental protection laws regarding the Department of Environmental Protection and Attorney General's shared responsibility for enforcement.
This bill also adds language that removes any ambiguity that might be read into the Department of Environmental Protection fee setting authority regarding the amount subject to increase when an application is submitted after its due date.