CHAPTER 406
H.P. 1151 - L.D. 1633
An Act To Prohibit the Disposal of Dangerous and Unsafe Material in Solid Waste Facilities
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation prohibits the deliberate improper disposal of dangerous or unsafe materials in solid waste facilities; and
Whereas, it is critical to enact this legislation immediately in order to prevent injury resulting from such improper disposal; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA c. 13, sub-c. 2-C is enacted to read:
SUBCHAPTER 2-C
DANGEROUS OR UNSAFE MATERIAL CONTROL
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
1. Dangerous or unsafe material. "Dangerous or unsafe material" means any substance or material that is capable of or likely to cause injury, including, but not limited to:
A. Pressure tanks such as propane tanks;
B. Flammable liquids or solids; and
C. Explosive materials such as dynamite or fireworks.
§1316-P. Prohibition; penalties
A person commits a civil violation for which a fine of not more than $500 may be assessed if, with respect to any dangerous or unsafe material that the person knows is dangerous or unsafe, that person knowingly:
1. Conceals. Conceals that material by placing it inside other waste material or covering it with other waste material; and
2. Disposes at solid waste facility. Disposes or causes another to dispose of such material in a solid waste facility.
Sec. 2. Rulemaking. The Department of Environmental Protection shall adopt rules to define "dangerous or unsafe material" under the Maine Revised Statutes, Title 38, section 1316-O, subsection 1. In developing proposed rules under this section, the department shall consider for inclusion as dangerous or unsafe materials those materials and items that the United States Department of Homeland Security, Transportation Security Administration has prohibited on passenger airplanes in a passenger's carry-on baggage. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 17, 2005.
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