§ 38 §1304 — Department; powers and duties

1.
Rules.
Subject to the Maine Administrative Procedure Act, Title 5, chapter 375, the board may adopt, amend and enforce rules as it deems necessary to govern waste management, including the location, establishment, construction and alteration of waste facilities as the facility affects the public health and welfare or the natural resources of the State. The rules shall be designed to minimize pollution of the State's air, land and surface and ground water resources, prevent the spread of disease or other health hazards, prevent contamination of drinking water supplies and protect public health and safety. In adopting these rules, the board shall also consider economic impact, technical feasibility and such differences as are created by population, hazardous or solid waste, sludge or septage volume and geographic location.
1-A.
Rules; transportation.
The board shall adopt rules relating to the transportation of solid waste, including, without limitation:
1-B.
Handling of special waste.
The board may adopt rules relating to the handling of special waste, including, without limitation:
1-C.
Rules; agronomic utilization of sludge.
Rules adopted by the board relating to the agronomic utilization of sludge are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
1-D.
Rules; beneficial use of solid waste.
The board may adopt or amend rules relating to the beneficial use of solid waste. Rules adopted or amended pursuant to this subsection are major substantive rules, as defined in Title 5, chapter 375, subchapter 2‑A, except that rules adopting or amending screening levels for beneficial use that are derived using the standard risk protocols of the United States Environmental Protection Agency are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
2.
Site location.
3.
Municipal status reports.
4.
Technical assistance.
The commissioner is authorized to establish guidelines for effective waste management, to provide technical assistance to persons planning, constructing or operating waste facilities and to conduct applied research activities in the field of waste management, disposal technology and environmental effects, including methods of recycling hazardous or solid waste, sludge or septage.
4-A.
Right of entry.
For the purposes of enforcing any provision of this Act or of developing or enforcing any rule authorized by this Act, any duly authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time:
5.
Planning grants.
6.
Study.
7.
Hazardous waste plan.
8.
Licenses for waste facilities.
9.
Restrictive covenants.
10.
Legislative review.
Rules adopted by the board under this section and section 1319‑O, subsection 1 which impose standards or requirements more stringent than final regulations of the United States Environmental Protection Agency shall be submitted to the legislative committee having jurisdiction over energy and natural resources for review. Any rules adopted by the board under this section shall be submitted to the legislative committee having jurisdiction over energy and natural resources for review pursuant to Title 5, section 8053‑A.
11.
Imported waste report.
12.
Compliance orders.
The commissioner may issue compliance orders subject to the provisions of this subsection.
13.
Innovative disposal and utilization.
Recognizing that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource, the commissioner may investigate and implement with the approval of the board innovative programs for managing, utilizing and disposing of solid waste. Innovative programs may include agricultural and forest land spreading of wood-derived ash, utilization of ash resulting from combustion of municipal solid waste, paper mill sludges, municipal waste water treatment plant sludges and the composting of yard wastes. The commissioner shall first determine that the proposed innovative disposal and waste management programs are consistent with the state plan. The commissioner shall review proposed innovative programs for each waste category and shall apply all controls necessary to ensure the protection of the environment and public health consistent with this chapter. The board may adopt application review procedures designed to review individual applications and their individual waste sources with prior approval of classes of disposal or utilization sites. The board shall adopt provisions for municipal notification prior to use of individual utilization sites.
13-A.
Pulp and paper mill sludge; land spreading.
The provisions of this section apply only to land spreading and related storage of sludge generated at industrial facilities utilizing kraft wood pulping processes.
13-B.
Municipal solid waste incinerator ash; rulemaking.
The board shall adopt rules establishing requirements for the use of municipal solid waste incinerator ash, referred to in this subsection as "ash." In developing these rules, the board shall consult with the Department of Transportation and the Maine Turnpike Authority on those issues relating to the use of ash in or on roads. In developing these rules, the board shall consider, but is not limited to considering, the following issues:
13-C.
Use of treated ash in secure landfills.
Subject to the requirements of other applicable laws, a person may do the following without a license issued pursuant to subsection 13‑B:
13-D.
Use of fish scales as crop nutrient supplements.
A person may use fish scales as a crop nutrient supplement without a license issued pursuant to this chapter as long as:
14.
Disposal fees.
15.
Special services program.
16.
Wood yard debris.
The provisions of this chapter do not apply to soil containing incidental bark or woody material generated during the transport, handling or storage of logs prior to processing. For the purposes of this section, "processing" is defined to include the debarking, chipping and sawing of wood.
17.
Sludge and septage guidance.
The commissioner shall develop guidance to municipalities regarding the regulation of septage and sludge land application by municipalities. The guidance must include information regarding site location restrictions, testing and enforcement actions that may be undertaken by a municipality and municipal roles and responsibilities under section 1310‑U.
18.
Use of residuals containing human pathogens.
The department may not license the utilization and distribution of residuals containing human pathogens, such as municipal treatment plant sludge, under permit-by-rule provisions established by the department pursuant to the provisions of section 344, subsection 7.
19.
Interested parties notice for distribution of composted sludge.
The department shall establish and maintain a list of interested parties, including a statewide organization that represents municipalities in this State, to whom notice of license applications and applications to modify existing licenses for the distribution in this State of composted sludge must be provided. In addition, the department shall electronically mail the notice to each municipality in the State that is equipped to receive electronic mail. Notice must be provided upon the department's finding that the application is complete for processing.
20.
Land application of septage; prohibitions.
Notwithstanding any provision of law to the contrary:

Legislative History

PL 1973, c. 387 (NEW). PL 1975, c. 577 (AMD). PL 1977, c. 300, §§52,53 (AMD). PL 1979, c. 383, §§3-8 (AMD). PL 1979, c. 472, §16 (AMD). PL 1979, c. 663, §236 (AMD). PL 1979, c. 699, §§10-12 (AMD). PL 1981, c. 303, §1 (AMD). PL 1981, c. 430, §§7-11 (AMD). PL 1981, c. 470, §A171 (AMD). PL 1981, c. 478, §§3,4 (AMD). PL 1981, c. 698, §191 (AMD). PL 1983, c. 432, §5 (AMD). PL 1985, c. 157 (AMD). PL 1985, c. 746, §29 (AMD). PL 1985, c. 822, §4 (AMD). PL 1987, c. 192, §§25,26 (AMD). PL 1987, c. 517, §§9-12 (AMD). PL 1987, c. 883, §1 (AMD). PL 1989, c. 299 (AMD). PL 1989, c. 585, §§E5-11 (AMD). PL 1989, c. 890, §§A40,B226, 227 (AMD). PL 1991, c. 72, §3 (AMD). PL 1991, c. 643, §1 (AMD). PL 1991, c. 824, §A87 (AMD). PL 1993, c. 355, §48 (AMD). PL 1993, c. 383, §35 (AMD). PL 1995, c. 656, §§A22,23 (AMD). PL 1997, c. 418, §1 (AMD). PL 1999, c. 283, §1 (AMD). PL 1999, c. 385, §3 (AMD). PL 1999, c. 393, §2 (AMD). PL 2001, c. 247, §2 (AMD). PL 2003, c. 231, §1 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 330, §§26,27 (AMD). PL 2009, c. 507, §1 (AMD). PL 2011, c. 655, Pt. GG, §§10, 11 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF). PL 2011, c. 657, Pt. W, §5 (REV). PL 2021, c. 641, §2 (AMD). RR 2021, c. 2, Pt. B, §283 (COR). PL 2023, c. 57, §1 (AMD).