Subchapter 5: HAZARDOUS WASTE AND WASTE OIL HEADING: PL 1987, C. 517, §28 (NEW)
§1319-O. Rule-making authority; hazardous waste and waste oil
Rulemaking for hazardous waste shall be as follows.
A. The board may adopt and amend rules identifying hazardous waste. It is the intent
of the Legislature that the board shall identify as hazardous waste those substances
that are identified by the United States Environmental Protection Agency in proposed
or final regulations. The Legislature also intends that the board may identify as
hazardous waste, in accordance with paragraph B, other substances in addition to those
identified by the United States Environmental Protection Agency. Further, the Legislature
intends that a substance that has been identified as a hazardous waste by the board
must be removed from identification only by further rulemaking by the board.
Hazardous waste may be identified as follows.
(1) The board 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 may identify any substance as a hazardous waste if the board, 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 proposes to adopt or amend rules identifying hazardous waste
or removing hazardous waste from identification, it 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. [1989, c. 124, §2 (AMD); 1989, c. 869, Pt. A, §10 (AMD); 1989, c. 869, Pt. A, §21 (AFF).]
B. The board may adopt rules relating to the handling of hazardous waste, including,
but not limited to:
(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 is not compatible. [1987, c. 517, §28 (NEW).]
C. The board may adopt rules relating to transportation of hazardous waste, including,
but not limited to:
(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
be paid to the Maine Hazardous Waste Fund; and
(2) A manifest system for hazardous waste which 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. [1987, c. 517, §28 (NEW).]
D. The board may adopt rules relating to the interim and final licensing and operation
of waste facilities for hazardous waste, including, but not limited to:
(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. [1989, c. 794, §4 (AMD).]
E. The board may adopt rules relating to evidence of financial capacity of hazardous
waste facilities' owners or operators, and of those who transport hazardous waste,
to protect public health, safety and welfare and the environment, including, but not
(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 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 may specify policy or other contractual
terms, conditions or defenses that are necessary or that are unacceptable. [1989, c. 794, §4 (AMD).]
F. By January 1, 2000, the board shall adopt, at a minimum, the universal waste rules,
excluding pesticides, promulgated by the United States Environmental Protection Agency
as defined in 40 Code of Federal Regulations, Parts 9, 260, 261, 262, 264, 265, 266,
268, 270 and 273. [1999, c. 340, §1 (NEW).]
1999, c. 340, §1 (AMD)
Rulemaking for waste oil shall be as follows:
A. The board may adopt rules relating to the transportation, collection and storage
of waste oil to protect public health, safety and welfare and the environment. The
rules may include, without limitation, rules requiring licenses for waste oil dealers
and the location of waste oil storage sites that are operated by waste oil dealers,
evidence of financial capability and manifest systems for waste oil. A person licensed
by the department to transport or handle hazardous waste is not required to obtain
a waste oil dealer's license, but the hazardous waste license must include any terms
or conditions determined necessary by the department relating to the transportation
or handling of waste oil; and [1997, c. 624, §18 (AMD).]
B. The board may adopt rules relating to the registration, design and operation of used
oil collection centers for the purposes of section 1319-Y. Rules adopted pursuant
to this paragraph are major substantive rules as defined in the Maine Administrative
Procedure Act, Title 5, chapter 375, subchapter II-A. [1995, c. 573, §5 (NEW).]
1997, c. 624, §18 (AMD)
3.Handling and disposal of biomedical waste.
The board shall adopt rules relating to the packaging, labeling, handling, storage,
collection, transportation, treatment and disposal of biomedical waste, including
infectious and pathogenic waste, to protect public health, safety and welfare and
A. The rules must include, without limitation:
(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. [1989, c. 124, §3 (NEW); 1989, c. 869, Pt. A, §11 (AMD); 1989, c. 869, Pt. A, §21 (AFF).]
B. The board shall adopt rules governing the siting, licensing, operational and record-keeping
requirements for biomedical waste treatment, storage and disposal facilities. [1989, c. 124, §3 (NEW); 1989, c. 860, Pt. A, §11 (AMD); 1989, c. 860, Pt. A, §21 (AFF).]
C. The board shall require evidence of financial capacity. [1989, c. 124, §3 (NEW).]
D. The board may assess licensing and registration fees sufficient to pay for the department's
administrative costs in regulating biomedical waste. [2005, c. 549, §6 (AMD).]
E. The rules must provide transportation and disposal options for persons who generate
fewer than 50 pounds of sharps per month that allow:
(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. [1993, c. 529, §1 (NEW).]
2005, c. 549, §6 (AMD)
1987, c. 517, §28 (NEW).
1989, c. 124, §§2,3 (AMD).
1989, c. 794, §4 (AMD).
1989, c. 869, §§A10,11,21 (AMD).
1989, c. 890, §§A40,B261 (AMD).
1993, c. 529, §1 (AMD).
1995, c. 573, §§4,5 (AMD).
1997, c. 624, §18 (AMD).
1999, c. 340, §1 (AMD).
2005, c. 549, §6 (AMD).
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