Maine Revised Statutes Title 38 Sec. 1310 – Emergency
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Terms Used In Maine Revised Statutes Title 38 Sec. 1310
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C
If the commissioner finds, after investigation, that any waste, whether or not hazardous waste, is being handled, transported or otherwise dealt with in a manner that may create a danger to public health or safety, the commissioner may order any person handling, transporting or otherwise dealing with the waste to immediately cease or prevent that activity and to take such action as may be necessary to terminate or mitigate the danger or likelihood of danger. The commissioner may also order any person contributing to the danger or likelihood of danger to cease or prevent that contribution. [RR 2021, c. 2, Pt. B, §284 (COR).]
Any order issued under this section shall contain findings of fact describing, insofar as possible, the waste, the site of the activity and the danger to the public health or safety. [PL 1979, c. 699, §16 (RPR).]
Service of a copy of the commissioner’s findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §29 (AMD).]
The person to whom the order is directed shall comply immediately. An order may not be appealed to the Superior Court, but a person to whom it is directed may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by the person to whom the order was directed. Within 15 working 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 2 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 decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7. [PL 2005, c. 330, §30 (AMD).]
SECTION HISTORY
PL 1979, c. 383, §11 (NEW). PL 1979, c. 699, §16 (RPR). PL 1981, c. 430, §19 (AMD). PL 1987, c. 192, §27 (AMD). PL 2005, c. 330, §§29,30 (AMD). RR 2021, c. 2, Pt. B, §284 (COR).