APPROVED CHAPTER
JULY 8, 2021 422
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 377 - L.D. 514
An Act To Establish and Promote a System of Safe Disposal of Expired
Marine Flares
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 25 MRSA c. 318-A is enacted to read:
CHAPTER 318-A
EXPIRED MARINE FLARES
§2491. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Commissioner. "Commissioner" means the Commissioner of Public Safety or the
commissioner's designee.
2. Expired. "Expired" means, with regard to a marine flare, beyond the manufacturer-
designated period of recommended use.
3. Fire inspector. "Fire inspector" means a person designated by the commissioner
to collect expired marine flares.
4. Marine flare. "Marine flare" means a device designed to produce a bright flame
for use as a signal or marker on the inland or coastal waters of the State or at sea.
§2492. Collection program
The commissioner shall establish and oversee a program for the convenient and safe
collection of expired marine flares pursuant to this section.
1. Site collection. The commissioner shall coordinate the following site collection
operations.
A. The commissioner shall, in coordination with a statewide association of fire chiefs,
identify fire departments in the State that have the capacity and willingness to accept
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 expired marine flares from members of the public. A participating fire department may
choose to designate the geographic area from which the fire department will accept
expired marine flares. A participating fire department and the commissioner shall
coordinate for timely pickup of the collected expired marine flares.
B. The commissioner shall coordinate with sponsors of annual community events that
choose to include expired marine flare collection as part of their events.
C. The commissioner shall coordinate with marinas, municipalities and groups that
organize events at which the public is invited to drop off expired marine flares for
timely collection.
2. Short-term storage. The commissioner shall provide guidance for short-term
storage to persons collecting expired marine flares under subsection 1 if the commissioner
determines that safety equipment or special procedures are required.
3. Direct collection. The commissioner shall designate fire inspectors to collect
expired marine flares in a timely way from individuals who fish commercially and
recreational boaters in the State who contact the Department of Public Safety to notify the
department of expired marine flares in need of disposal.
§2493. Disposal program
The commissioner shall establish a program for the safe, nonpolluting disposal of all
types of expired marine flares pursuant to this section.
1. Short-term storage. Expired marine flares collected pursuant to section 2492 that
require short-term storage must be stored according to standards established by the
Department of Public Safety.
2. Sorting. Expired marine flares collected pursuant to section 2492 must be sorted
by type for proper incineration.
3. Incineration. Expired marine flares sorted pursuant to subsection 2 must be
incinerated at temperatures that are compliant with Department of Environmental
Protection standards for preventing air pollution.
4. Recycling. To the extent practicable, material from incinerated expired marine
flares must be recycled.
§2494. Education program
The commissioner shall establish an education program for the public and state
agencies regarding expired marine flares pursuant to this section.
1. Education campaign. The Department of Public Safety shall engage in an
education campaign to inform the public and personnel of the Department of Public Safety,
the Department of Agriculture, Conservation and Forestry, the Department of Inland
Fisheries and Wildlife, the Department of Environmental Protection and the Department of
Marine Resources and other potentially interested entities about the expired marine flare
collection and disposal programs under this chapter, the dangers expired marine flares pose
to public health and the dangers expired marine flares that are improperly disposed of pose
to the environment and to the safety of persons and property.
2. Department websites. The Department of Public Safety shall maintain a publicly
accessible website supporting the education campaign under subsection 1 and serving as
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an information resource regarding expired marine flares and their proper disposal pursuant
to this chapter. The Department of Public Safety, the Department of Agriculture,
Conservation and Forestry, the Department of Inland Fisheries and Wildlife, the
Department of Environmental Protection and the Department of Marine Resources shall
coordinate to update their publications and publicly accessible websites that are suited for
the purpose with information regarding the collection and disposal of expired marine flares
pursuant to this chapter.
3. Printed materials. Materials published by a state agency and intended for those
who fish commercially or for recreational boaters must, in printings that occur on or after
the effective date of this subsection, include information about environmental and safety
concerns related to improper disposal and storage of expired marine flares. The expired
marine flare collection and disposal programs established pursuant to this chapter must be
described in these print materials, including contact information for the Department of
Public Safety's expired marine flare collection and disposal programs.
4. State agency notification. The commissioner shall notify other state agencies or
entities as the commissioner determines appropriate about the expired marine flare
collection and disposal programs under this chapter.
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