§ 38 §1316-B — Abatement; cleanup; mitigation

If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316‑A or an administrative consent agreement issued pursuant to section 347‑A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may:
1.
Assistance.
Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities;
2.
Process and remove.
Cause the processing or removal of all stockpiled tires;
3.
Secure.
Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party;
4.
Equipment.
Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile;
5.
Alter.
Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity;
6.
Close.
Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or
7.
Consultation.
Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures.

Legislative History

PL 1991, c. 517, §A2 (NEW). PL 1995, c. 314, §§3,4 (AMD). PL 1995, c. 579, §§3,4 (AMD).