§ 1301 Short title
§ 1302 Declaration of policy
§ 1303-C Definitions
§ 1304 Department; powers and duties
§ 1304-A Data; facility needs plan
§ 1304-B Delivery of solid wastes to specific waste facilities
§ 1304-C Report; material-separated, refuse-derived fuel
§ 1305 Municipalities; powers and duties
§ 1305-B Municipal notice of decommissioning waste
§ 1306 Prohibition
§ 1306-C Forfeiture; civil liability
§ 1308 Exemptions
§ 1308-A Hazardous waste facility closure
§ 1309 Interstate cooperation
§ 1310 Emergency
§ 1310-A Municipal hazardous waste control
§ 1310-B Confidential information
§ 1310-B-1 Land Application Contaminant Monitoring Fund

Terms Used In Maine Revised Statutes > Title 38 > Chapter 13 > Subchapter 1 - General Provisions

  • 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.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Biomedical waste: means waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Bypass: means any solid waste that is destined for disposal, processing or beneficial use at an operating solid waste facility but that cannot be disposed of, processed or beneficially used at that facility because of the facility's temporary malfunction, temporary insufficient capacity, temporary inability to process or burn or temporary downtime. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Class I liquid: means any liquid having a flash point below 100° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Class II liquid: means any liquid having a flash point at or above 100° Fahrenheit and below 140° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Closing reserve fund: means a fund created for the purpose of financing the closing and maintenance after closing of a waste facility. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Commercial hazardous waste facility: means :
A. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Commercial landfill facility: means a commercial solid waste facility that is used for the burial of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Commercial solid waste disposal facility: means a solid waste disposal facility except as follows:
  • A. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Construction and demolition debris: means debris resulting from construction, remodeling, repair, and demolition of structures. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Contingency reserve fund: means a fund maintained for the purpose of meeting unexpected contingencies in the operation of a waste facility. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Contract: A legal written agreement that becomes binding when signed.
  • Conveyance: means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • Generation: means the act or process of producing hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Handle: means to store, transfer, collect, separate, salvage, process, recycle, reduce, recover, incinerate, dispose of or treat. 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
  • Hazardous waste incinerator: means an enclosed device using controlled flame combustion to thermally break down hazardous waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Host community: means any town, township or city that is the geographic site of a solid waste disposal facility or any immediately contiguous town, township or city if such town, township or city can demonstrate to the department that it incurs a direct financial impact related to any necessary development or maintenance of infrastructure or to any necessary provision of services as a result of the location or operation of that solid waste disposal facility. 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
  • Incineration facility: means a facility where municipal solid waste or refuse-derived fuel is disposed of through combustion, including combustion for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Inert fill: means clean soil material, rocks, bricks, and cured concrete, which are not mixed with other waste, and which are not derived from an ore mining activity. See Maine Revised Statutes Title 38 Sec. 1303-C
  • integrated industrial processes: means manufacturing processes, equipment or components, including, but not limited to, energy generating facilities, that when used in combination produce one or more manufactured products for sale; or [PL 2011, c. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land clearing debris: means solid wastes resulting from the clearing of land and consisting solely of brush, stumps, soil material and rocks. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Manifest: means the form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • operating solid waste facility: means a licensed solid waste facility that is fully operational at the time that the malfunction, insufficient capacity, inability to process or burn or downtime begins and that intends to resume full operation at the time that the malfunction, insufficient capacity, inability to process or burn or downtime ends. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: All property that is not real property.
  • Recyclable: means possessing physical and economic characteristics that allow a material to be recycled. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Recycle: means to recover, separate, collect and reprocess waste materials for sale or reuse other than use as a fuel for the generation of heat, steam or electricity. 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
  • Recycling facility: means a facility engaged exclusively in the recycling of materials. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Refuse-derived fuel: means municipal solid waste which has been processed prior to combustion to increase the heat input value of the waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Regional association: means 2 or more municipalities that have formed a relationship to manage the solid waste generated within the participating municipalities and for which those municipalities are responsible. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Residue: means waste remaining after the handling, processing, incineration or recycling of solid waste including, without limitation, front end waste and ash from incineration facilities. See Maine Revised Statutes Title 38 Sec. 1303-C
  • resource recovery: means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes. 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
  • single entity: means an individual, partnership, corporation or limited liability corporation that is not engaged primarily in the business of treating or disposing of solid waste or special waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • 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
  • 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 disposal facility: means a solid waste facility for the incineration or landfilling of solid waste or refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Solid waste facility: means a waste facility used for the handling of solid waste, except that the following facilities are not included:
  • A. 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
  • Solid waste processing facility: includes but is not limited to a facility that employs shredding, baling, mechanical and magnetic separation or composting or other stabilization technique to reduce or otherwise change the nature of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Source separation: means the preparation of materials for recycling by separation from wastes at the point of generation. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Special waste: means any solid waste generated by sources other than domestic and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures. See Maine Revised Statutes Title 38 Sec. 1303-C
  • State waste management and recycling plan: means the plan adopted by the former Maine Waste Management Agency pursuant to chapter 24, subchapter 2, subsequent plans developed by the former State Planning Office pursuant to Title 5, former section 3305, subsection 1, paragraph N and the department pursuant to section 2122 and may also be referred to as "state plan. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Storage: means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Substantially expand: means the expansion of an existing licensed hazardous waste facility by more than 25%, as measured by volume of waste or affected land area, from the date of its initial licensed operation. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Transport: means the movement of hazardous or solid waste, waste oil, sludge or septage from the point of generation to any intermediate points and finally to the point of ultimate disposition. 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
  • Uncontrolled tire stockpile: means an area or location, whether or not licensed, where used motor vehicle tires are or were handled, stored or disposed of in such a manner as to present a significant fire hazard or a threat to public health or to the quality of a classified body of surface water or a significant sand and gravel aquifer or fractured bedrock aquifer as defined in section 1310?N, subsection 2?A. See Maine Revised Statutes Title 38 Sec. 1303-C
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Used oil: means waste oil, as defined in subsection 42. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Used oil collection center: means a site or facility where used oil is accepted from the public and collected or stored in an aboveground tank for recycling. 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
  • Waste generated within the State: means :
  • A. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste management: means purposeful, systematic and unified control of the handling and transportation of hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste oil: means a petroleum-based or synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste reduction: means an action that reduces waste at the point of generation and may also be referred to as "source reduction. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Waste resulting from agricultural activities: means wastes that result from agricultural activities as defined in section 361?A, subsection 1?B and that are returned to the soils as fertilizers and includes waste pesticides when generated by a farmer in the farmer's own use, as long as the farmer triple rinses each emptied pesticide container in accordance with departmental rules and disposes of the pesticide residues in a manner consistent with the disposal instructions on the pesticide label. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Wood wastes: means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash and sawdust, which are not mixed with other waste. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Yard wastes: means grass clippings, leaves and other vegetal matter other than wood wastes and land clearing debris. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72