PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Make Minor Changes and Corrections to Statutes Administered by or Concerning the Department of Environmental Protection
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §567, sub-§1, as amended by PL 2017, c. 407, Pt. A, §68, is further amended to read:
 
1. Acceptable data.   Except as provided in this subsection, 6 months after the adoption of rules specified in subsection 2, certification is required of any commercial, industrial, municipal, state or federal laboratory that analyzes water, soil, air, solid or hazardous waste, or radiological samples for the use of programs of the department or the Department of Environmental Protection, except as provided under chapter 411, the Maine Medical Laboratory Act; Title 26, chapter 7, subchapter 3-A, Substance Use Testing; and Title 29-A, section 2524, administration of tests to determine an alcohol level or drug concentration.
 
A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 413 may analyze waste discharges for total suspended solids, settleable solids, biological or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal coliform, E. coli, Enterococcus, conductivity, color, temperature and dissolved oxygen without being certified under this section. The exception provided under this paragraph applies to a laboratory testing its own samples for pollutants listed in its permit or license; pretreatment samples; and samples from other wastewater treatment plants for up to 60 days per year. The time period provided in this paragraph, which is a maximum period for each treatment plant for which analysis is provided, may be extended by memorandum of agreement between the Department of Environmental Protection and the Health and Environmental Testing Laboratory.
Sec. 2. 38 MRSA §464, sub-§5, as enacted by PL 1985, c. 698, §15, is amended to read:
 
5. Rulemaking.   In accordance with the Maine Administrative Procedure Act, the boardcommissioner shall promulgateadopt rules necessary to implement the water quality classification system established by this article. In promulgatingadopting rules, the boardcommissioner shall solicit and consider, in addition to any other materials, information on the economic and environmental impact of those rules.
 
Rules shallmust be promulgatedadopted by January 1, 1987, and as necessary thereafter, and shallmust include, but are not limited to, sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community.
 
Rules adopted pursuant to this subsection shall become effective upon adoption. Rules adopted pursuant to this subsection shallmust be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources matters for review during the next regular session of the Legislature following adoption. This committee may submit legislation it deemsthe committee considers necessary to clarify legislative intent regarding rules adopted pursuant to this subsection. If the committee takes no action, the rules shall continue in effect.
Sec. 3. 38 MRSA §1304, sub-§1, as amended by PL 1989, c. 585, Pt. E, §5, is further amended to read:
 
1. Rules; waste management.   Subject to the Maine Administrative Procedure Act, Title 5, chapter 375 and except as otherwise provided in this section, the boardcommissioner may adopt, amend and enforce rules as it deemsthe commissioner determines 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 shallmust 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 boardcommissioner 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.
Sec. 4. 38 MRSA §1304, sub-§1-A, as amended by PL 1999, c. 385, §3, is further amended to read:
 
1-A. Rules; transportation.   The boardcommissioner shall adopt rules relating to the transportation of solid waste, including, without limitation:
 
A.  Licensing categories of transporters of septage, used motor vehicle tires and construction or demolition debris, conveyances used for the transportation of septage, used motor vehicle tires and construction or demolition debris and the operators of these conveyances as the boardcommissioner finds necessary to effect sound waste management;
 
B.  Establishment of transporter licensing and conveyance registration fees that are sufficient to recover all costs of administering, monitoring compliance with and enforcing the provisions of this subsection and which fees must be paid to the Maine Environmental Protection Fund;
 
C.  A manifest system for categories of solid waste that must provide a means to account for septage, used motor vehicle tires and construction or demolition debris handled, transported and disposed of in the State; and
 
D.  Evidence of financial capacity of transporters to protect public health, safety and welfare and the environment, including, without limitation:
 
(1) Liability insurance;
 
(2) Performance bonding; and
 
(3) Financial ability to comply with statutory and regulatory requirements or conditions.
Sec. 5. 38 MRSA §1304, sub-§1-B, as enacted by PL 1987, c. 517, §9, is amended to read:
 
1-B. Handling of special waste.   The boardcommissioner may adopt rules relating to the handling of special waste, including, without limitation:
 
A. Containerization and labeling of special waste;
 
B. Reporting on handling of special waste;
 
C. Waste whichthat is not compatible; and
 
D. A marking system, by categories of waste, to clearly identify vehicles transporting solid waste.
Sec. 6. 38 MRSA §1304, sub-§10, as amended by PL 1987, c. 517, §11, is further amended to read:
 
10. Legislative review.   Rules adopted by the commissioner or board under this section and section 1319-O, subsection 1 whichthat impose standards or requirements more stringent than final regulations of the United States Environmental Protection Agency shallmust be submitted to the legislativejoint standing committee of the Legislature having jurisdiction over energyenvironment and natural resources matters for review. Any rules adopted by the commissioner or board under this section shallmust be submitted to the legislativejoint standing committee of the Legislature having jurisdiction over energyenvironment and natural resources matters for review pursuant to Title 5, section 8053-A.
Sec. 7. 38 MRSA §1304, sub-§13, as amended by PL 2011, c. 655, Pt. GG, §11 and affected by §70, is further amended to read:
 
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 boardcommissioner 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 boardcommissioner shall adopt provisions for municipal notification prior to use of individual utilization sites.
Sec. 8. 38 MRSA §1365, sub-§4, as amended by PL 2005, c. 330, §36, is further amended to read:
 
4. Compliance; appeal.   The person to whom the order is directed shall comply immediately and may apply to the board for a hearing on the order if the application is made within 10 working15 days after receipt of the order by a responsible party. Within 15 working30 days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 214 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7.
 
SUMMARY
This bill makes minor adjustments to laws administered by or that affect the Department of Environmental Protection. The bill authorizes laboratories operated by a waste discharge facility to analyze waste discharges for Enterococcus without being certified under a state laboratory certification or accreditation program. It changes the timelines regarding appeals under the laws governing uncontrolled hazardous substance sites. It changes the rule-making authority from the Board of Environmental Protection to the Commissioner of Environmental Protection for certain rules regarding waste management.