An Act To Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection
Sec. 1. 38 MRSA §343-H, sub-§4, as amended by PL 2009, c. 121, §4, is repealed.
Sec. 2. 38 MRSA §353, sub-§9, as amended by PL 2007, c. 655, §1, is further amended to read:
Sec. 3. 38 MRSA §353-A, sub-§8, as amended by PL 2007, c. 589, §3 and affected by §9, is further amended to read:
Sec. 4. 38 MRSA §353-B, sub-§5, as enacted by PL 1997, c. 794, Pt. B, §7, is amended to read:
Sec. 5. 38 MRSA §420-B, sub-§4, as amended by PL 2007, c. 565, §5, is further amended to read:
Sec. 6. 38 MRSA §464, sub-§3, ¶C, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §55, is repealed.
Sec. 7. 38 MRSA §570-K, sub-§5, as amended by PL 2005, c. 212, §1, is further amended to read:
Sec. 8. 38 MRSA §1310-N, sub-§6-D, as amended by PL 2001, c. 212, §5, is further amended to read:
Notwithstanding the terms of this subsection, a license issued to a solid waste facility that is not a solid waste landfill may be voluntarily surrendered by the license holder upon department approval.
Sec. 9. 38 MRSA §1319-O, as amended by PL 2005, c. 549, §6, is further amended to read:
§ 1319-O. Rule-making authority; hazardous waste, waste oil and biomedical waste
Hazardous waste may be identified as follows.
(1) The board commissioner may identify any substance as a hazardous waste if that substance is identified as hazardous by particular substance, by characteristic, by chemical class or as a waste product of a specific industrial activity in proposed or final rules of the United States Environmental Protection Agency.
(2) The board commissioner may identify any substance as a hazardous waste if the board commissioner, after evaluation based on existing data or data reasonably extrapolated from previously conducted studies using similar classes of substances or compounds under similar circumstances, has determined that the substance is an acute or chronic toxin causing significant potential adverse public health or environmental effects. An acute or chronic toxin may include the characteristics of:
(c) Teratogenicity; or
Rules adopted under this subparagraph must be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review. These rules remain in effect until 90 days after adjournment of the next regular session of the Legislature unless adopted by legislative enactment.
(3) Whenever the board commissioner proposes to adopt or amend rules identifying hazardous waste or removing hazardous waste from identification, it the comissioner shall hold a public hearing.
(4) In addition to hazardous waste identified under subparagraphs (1) and (2), the Legislature identifies the following chemicals, materials, substances or waste as being hazardous waste:
(a) Polychlorinated biphenyls and any substance containing polychlorinated biphenyls.
(1) Containerization and labeling of hazardous waste, consistent with applicable rules of other federal and state agencies;
(2) Reporting of handling of hazardous waste; and
(3) Waste which that is not compatible.
(1) Licensing of transporters of hazardous waste, conveyances used for the transportation of hazardous waste and the operators of these conveyances; and licensing fees shall must be paid to the Maine Hazardous Waste Fund; and
(2) A manifest system for hazardous waste which that takes into consideration the requirements of the United States Resources Conservation and Recovery Act of 1976, Public Law 94-580, as amended, and this subchapter.
(1) Standards for the safe operation and maintenance of the waste facilities, including, but not limited to, record keeping, monitoring before and during operation of the facility and after its termination of use or closure, inspections and contingency plans to minimize potential damage from hazardous waste;
(2) The training of personnel and the certification of supervisory personnel involved in the operation of the waste facilities;
(3) The termination, closing and potential future uses of the waste facilities;
(4) Rules equivalent to regulations of the United States Environmental Protection Agency that provide for licensing or permitting by rule; and
(5) Corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage or disposal facility seeking a permit under this subchapter, regardless of the time waste was placed in the unit. For purposes of this paragraph, "solid waste management unit " includes any waste pile, landfill, surface impoundment or land treatment facility from which hazardous constituents might migrate, regardless of whether the unit was intended for the management of solid or hazardous wastes.
(1) Liability insurance;
(2) Bonding; and
(3) Financial ability to comply with statutory and regulatory requirements or conditions.
Evidence of financial capacity required by the board commissioner may include one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit or qualification as a self-insurer. In establishing the required evidence of financial capacity to further the purposes of this subchapter, the board commissioner may specify policy or other contractual terms, conditions or defenses that are necessary or that are unacceptable.
(1) Registration of biomedical waste generators;
(2) Handling of biomedical waste by generators;
(3) Licensing of biomedical waste transporters and the conveyances used for the transportation of biomedical waste;
(4) Implementation of a biomedical waste tracking or manifest system;
(5) Establishment of treatment and disposal standards; and
(6) Categories of biomedical waste subject to regulation under this subsection, consistent with the provisions of section 1303-C, subsection 1-A.
(1) The generator or an employee of the generator to transport properly packaged sharps to a licensed biomedical waste disposal facility or another medical facility that has volunteered to serve as a collection point for sharps if no more than 50 pounds of sharps are transported in one trip; and
(2) The generator to mail properly packaged sharps to a licensed biomedical waste disposal facility in this State or a facility in another state if the carrier accepts those items and no more than 50 pounds are transported in any single package.
For purposes of this paragraph, "sharps" means items that may cause puncture wounds or cuts, including hypodermic needles, syringes, scalpel blades, capillary tubes and lancets, and "properly packaged" means packaged in accordance with department rules and rules or requirements imposed by the mail carrier.
This bill makes changes to various reporting requirements in the environmental protection laws. It eliminates a biennial report to the Legislature by the directors of the Clean Government Initiative and regular reports by the Commissioner of Environmental Protection on the status of licensed discharges and oil spill prevention and control. Instead of requiring the commissioner to report annually to the Legislature on the surface water ambient toxic monitoring program, this bill requires a limited biennial executive summary. It changes a cross-reference to correct the citation. It changes rule-making authority regarding hazardous waste, waste oil and biomedical waste by moving authority from the Board of Environmental Protection to the Commissioner of Environmental Protection.