§ 38 §590-B — Testing at resource recovery facilities

1.
Testing; first 2 years of commercial operation.
Testing is required at each resource recovery facility burning municipal solid waste at least once in every 6-month period during the first 2 years of commercial operation for the presence of dioxin and heavy metals, including, but not limited to, lead, cadmium and chromium in the emissions of the facility. The cost of these tests must be paid by the applicant or permittee.
2.
Testing after first 2 years of licensure.
After the facility has been in operation and licensed for 2 years, testing is required for dioxin and heavy metals, including, but not limited to, lead, cadmium and chromium in the emissions of the facility at a frequency determined by the board by rule. The cost of these tests must be paid by the applicant or permittee.
2-A.
Testing results.
The results of all tests required under this section must be submitted to the commissioner within 30 days of testing.
3.
Public and local participation.
The municipal officers, or their designees, of the municipality within which the facility is located or, in the case of a facility located within an unorganized territory or plantation, the county commissioners, or their designees, may conduct an independent review of any testing protocol, test results and their interpretations and any standards or assumptions upon which the test protocol or results are based, which items are required by this section.
4.
Authority for further tests.
The department shall have the authority to make such further tests for compliance as the department determines necessary and the board may reinstate a license when tests indicate compliance.

Legislative History

PL 1987, c. 688 (NEW). PL 1989, c. 890, §§A40,B165 (AMD).