Maine Revised Statutes Title 38 Sec. 1306 – Prohibition
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1. General prohibition. It is unlawful for any person to establish, construct, alter or operate any waste facility without a permit issued by the department.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §232 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1306
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Construction and demolition debris: means debris resulting from construction, remodeling, repair, and demolition of structures. See Maine Revised Statutes Title 38 Sec. 1303-C
- Disposal: means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. See Maine Revised Statutes Title 38 Sec. 1303-C
- Hazardous waste: means a waste substance or material, in any physical state, designated as hazardous by the board under section 1319?O. See Maine Revised Statutes Title 38 Sec. 1303-C
- Recycling: means the collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation and treatment of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for the generation of electricity. See Maine Revised Statutes Title 38 Sec. 1303-C
- Septage: means waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities. See Maine Revised Statutes Title 38 Sec. 1303-C
- Sludge: means nonhazardous solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or wet process air pollution control facility or any other waste having similar characteristics and effect. See Maine Revised Statutes Title 38 Sec. 1303-C
- Solid waste: means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
- Solid waste landfill: means a waste disposal facility for the disposal of solid waste on or in land. See Maine Revised Statutes Title 38 Sec. 1303-C
- Treatment: means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. See Maine Revised Statutes Title 38 Sec. 1303-C
- Waste facility: means any land area, structure, location, equipment or combination of them, including dumps, used for handling hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
2. On-site disposal of domestic septage; penalty.
[PL 2021, c. 641, §4 (RP).]
3. Discharge of hazardous waste. The discharge of hazardous waste into or upon any waters of the State, or into or upon any land within the State’s territorial boundaries or into the ambient air, is prohibited unless licensed or authorized under state or federal law.
[PL 1985, c. 481, Pt. A, §98 (NEW).]
4. Cathode ray tube disposal. Beginning 9 months after the department adopts rules pursuant to section 1610, subsection 5, paragraph D, subparagraph (1), a person may not dispose of a cathode ray tube in a solid waste disposal facility. This subsection may not be construed to affect existing laws, rules or regulations governing disposal of cathode ray tubes in effect prior to the adoption of rules pursuant to section 1610, subsection 5, paragraph D, subparagraph (1).
[PL 2005, c. 330, §28 (AMD).]
5. Control of fluids from motor vehicles at junkyards, automobile graveyards and automobile recycling businesses. Fluids must be controlled in accordance with the following.
A. All fluids, including but not limited to engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel, oil and refrigerant, batteries and mercury switches must be properly handled by junkyards, automobile graveyards and automobile recycling businesses in such a manner that they do not leak, flow or discharge into or onto the ground, into a body of water or into the air. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]
B. All fluids, refrigerant, batteries and mercury switches must be removed from motor vehicles that lack engines or other parts that render the vehicles incapable of being driven under their own motor power or that are otherwise incapable of being driven under their own motor power, appliances and other items within 180 days of acquisition by a junkyard, automobile graveyard or automobile recycling business. Motor vehicles, appliances and other items acquired by and on the premises of a junkyard, automobile graveyard or automobile recycling business prior to October 1, 2005 must have all fluids, refrigerant, batteries and mercury switches removed by January 1, 2007. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]
C. A person may not crush, shred or otherwise process, or cause to be crushed, shredded or otherwise processed, motor vehicles, appliances or other items before removal of all fluids, refrigerant, batteries and mercury switches. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]
[PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]
6. Construction and demolition debris. The substitution of wood from construction and demolition debris for conventional fuels used in a boiler may not exceed 50% of total fuel by weight combusted on an average annual basis.
[PL 2005, c. 617, §1 (NEW).]
7. Prohibitions on land application of sludge and sale and distribution of compost and other agricultural products and materials containing sludge and septage. This subsection governs the land application of sludge and the sale and distribution of compost and other agricultural products and materials containing sludge and septage.
A. Notwithstanding any provision of law to the contrary, except as provided in paragraph B, a person may not:
(1) Apply to or spread on any land in the State:
(a) Sludge generated from a municipal, commercial or industrial wastewater treatment plant;
(b) Compost material that included in its production sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or
(c) Any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or
(2) Sell or distribute in the State:
(a) Compost material that included in its production sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or
(b) Any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage. [PL 2021, c. 641, §5 (NEW).]
B. The prohibitions in paragraph A do not apply to:
(1) The disposal or placement at a solid waste landfill of any of the materials that are prohibited from application, spreading, sale or distribution by this subsection;
(2) The land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing residuals generated as a result of the processing or cultivation of food, food waste, crops or vegetative material, the brewing of malt liquor, the fermenting of wine or hard cider or the distilling of spirits, including, but not limited to, blueberries, apples, grapes, potatoes, seaweed, fish and seafood and spent grain or malt, provided that such residuals are not mixed with sludge from a municipal, commercial or industrial wastewater treatment plant, septage, sewage or sanitary wastewater prior to or during land application or the production of the compost material or other agricultural product or material; or
(3) The land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing sludge resulting from the production of precipitated calcium carbonate. [PL 2021, c. 641, §5 (NEW).]
[PL 2021, c. 641, §5 (NEW).]
SECTION HISTORY
PL 1973, c. 387 (NEW). PL 1979, c. 383, §10 (RPR). PL 1979, c. 663, §237 (AMD). PL 1979, c. 699, §13 (RP). PL 1981, c. 430, §12 (RPR). PL 1983, c. 726, §3 (RPR). PL 1985, c. 481, §A98 (AMD). PL 1985, c. 612, §19 (AMD). PL 1989, c. 890, §§A40,B232 (AMD). PL 2003, c. 150, §1 (AMD). PL 2005, c. 247, §6 (AMD). PL 2005, c. 247, §7 (AFF). PL 2005, c. 330, §28 (AMD). PL 2005, c. 617, §1 (AMD). PL 2021, c. 641, §§4, 5 (AMD).