APPROVED CHAPTER
JUNE 11, 2021 186
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
_____
H.P. 1219 - L.D. 1635
An Act To Make Minor Changes and Corrections to Statutes Administered
by the Department of Environmental Protection
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2054, sub-§1, ¶G, as enacted by PL 1993, c. 683, Pt. A, §2
and affected by Pt. B, §5, is amended to read:
G. "Hazardous material response vehicle" means a vehicle equipped for and used in
response to reports of emergencies resulting from actual or potential releases, spills or
leaks of, or other exposure to, hazardous substances that is authorized by a mutual aid
agreement pursuant to Title 37‑B, section 795, subsection 3 and approved by the local
emergency planning committee or committees whose jurisdiction includes the area in
which the vehicle operates. "Hazardous material response vehicle" includes vehicles
used by employees of the division of response services within the Department of
Environmental Protection to respond to oil and hazardous materials incidents within
the State.
Sec. 2. 32 MRSA §10008, as amended by PL 2001, c. 231, §9, is further amended
to read:
§10008. Reciprocity
A person who is a resident of the State and has been certified in another state as an
underground oil storage tank installer or underground oil storage tank inspector may, upon
payment of a fee as established under section 10012, obtain a certification as an
underground oil storage tank installer or underground oil storage tank inspector, if that
person submits satisfactory evidence of certification as an underground oil storage tank
installer or underground oil storage tank inspector in another state under qualifications
equivalent to those specified in this chapter.
Sec. 3. 38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 526,
§2, is further amended by amending Table II to read:
TABLE II
Page 1 - 130LR0132(03)
 WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
TITLE 38 SECTION PROCESSING ANNUAL
FEE LICENSE FEE
1278, Asbestos abatement
A. Asbestos abatement contractor $0 $650
B. Asbestos abatement worker 0 50
C. Asbestos consultant 0 650
D. Asbestos analytical laboratory 0 400
E. Training provider 0 500
F. Other categories of asbestos professionals 0 100
except asbestos abatement workers
G. Notification
1. Project size greater than 100 square feet 100 0
or 100 linear feet and less than 500 square
feet or 2,500 linear feet
2. Project size 500 square feet or 2,500 150 0
linear feet, or greater, and less than 1,000
square feet or 5,000 linear feet
3. Project size 1,000 square feet or 5,000 300 0
linear feet, or greater
1304, Waste management
A. Septage disposal
1. Landspreading $550 $250
2. Storage 50 75
B. Residuals compost facility
1. Type I 150 150
3. Type II and Type III less than 3,500 cubic 700 500
yards
5. Type II and Type III 3,500 cubic yards or 1,400 850
greater
C. Land application of sludges and residuals
1. Sites with program approval
a. Industrial sludge 150 250
b. Municipal sludge 75 200
c. Bioash 75 200
d. Wood ash 50 125
e. Food waste 50 125
f. Other residuals 50 125
2. Sites without program approval
a. Industrial sludge 300 550
b. Municipal sludge 150 250
c. Bioash 150 250
d. Wood ash 75 200
Page 2 - 130LR0132(03)
 e. Food waste 75 200
f. Other 75 200
1310-N, Solid waste facility siting
A. Landfill
1. Existing, nonsecure municipal solid waste 3,500 1,000
landfills accepting waste from fewer than
15,000 people
2. Existing, nonsecure municipal solid waste 3,500 3,500
landfills accepting waste from more than
15,000 people
3. New or expanded for secure landfill 5,000 8,500
5. Nonsecure wood waste or demolition 700 750
debris landfills, or both, if less than or equal
to 6 acres
B. Incineration facilities
1. New or expanded for the acceptance of 3,500 5,000
municipal or special wastes, or both
2. Municipally owned and operated solid 3,500 1,000
waste incinerators with licensed capacity of
10 tons per day or less
C. Transfer station and storage facility 750 175
D. Tire storage facility 400 450
F. Processing facility other than municipal solid 700 700
waste composting
G. Beneficial use activities other than
agronomic utilization
3. Fuel substitution 700 500
4. Beneficial use without risk assessment 700 200
5. Beneficial use with risk assessment 1,400 500
H. Permit by rule for ongoing activities 100 100
3109, Redemption centers 0 100
Sec. 4. 38 MRSA §353, sub-§4-A, as enacted by PL 1993, c. 332, §1, is repealed.
Sec. 5. 38 MRSA §480-E, sub-§14 is enacted to read:
14. Minor expansion of structures in a coastal sand dune system. The department
may authorize a one-time expansion of an existing residential or commercial structure in a
coastal sand dune system through permit by rule if:
A. The footprint of the expansion is contained within an impervious area that existed
on January 1, 2021;
B. The footprint of the expansion is no further seaward than the existing structure;
C. The height of the expansion is within the height restriction of any applicable law or
ordinance; and
D. The expansion conforms to the standards for expansion of a structure contained in
the municipal shoreland zoning ordinance adopted pursuant to article 2-B.
Page 3 - 130LR0132(03)
For the purposes of this subsection, "structure" does not include a seawall, retaining wall,
closed fence or other structure used to stabilize the shoreline or to prevent the movement
of sand or water. For the purposes of this subsection, expansion of an existing structure
does not include a change from one type of structure to another.
Sec. 6. 38 MRSA §480-Q, sub-§31, as amended by PL 2011, c. 538, §9, is
repealed.
Sec. 7. 38 MRSA §1303-C, sub-§38, as enacted by PL 1989, c. 585, Pt. E, §4, is
amended to read:
38. Transport. "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. Movement of hazardous waste on the site where it is
generated or on the site of a licensed waste facility for hazardous waste is not "transport."
Movement of waste oil on the site where it is generated or on the site of a licensed waste
oil dealer's facility is not "transport."
Sec. 8. 38 MRSA §1303-C, sub-§43, as enacted by PL 1989, c. 585, Pt. E, §4, is
repealed.
Sec. 9. 38 MRSA §1319-H, sub-§1, ¶A, as amended by PL 1989, c. 878, Pt. H,
§9, is further amended to read:
A. Any person who applies for a license for a hazardous waste or waste oil facility
shall pay the appropriate fee. An application for a license will not be considered
complete and will not be processed until this fee is received. Application fees are as
follows.
(1) Disposal facility............... $10,000
(2) Commercial treatment facility......7,000
(3) On-site treatment facility.........4,000
(4) Other waste facility for hazardous waste, including storage facilities ....2,500
(5) Waste oil storage facility.........2,500
(6) Treatment facility under license by rule provisions where the hazardous waste
treated is 1,000 kilograms or less per calendar month......................................75
(7) All other facilities for hazardous waste under license by rule
provisions..........400
(8) Facility post-closure license......2,000
Sec. 10. 38 MRSA §1319-H, sub-§2, as amended by PL 1989, c. 878, Pt. H, §10,
is further amended to read:
2. Annual fees. Licensed hazardous waste and waste oil facilities are subject to the
following annual fees.
A. Disposal facility ..................... $1,500
B. Commercial treatment facility and on-site treatment facility ......................... 1,000
C. Other waste facilities for hazardous waste, including storage facilities
..................500
Page 4 - 130LR0132(03)
 D. Waste oil storage facility ................500
E. Treatment facility under license by rule provisions where the hazardous waste
treated is 1,000 kilograms or less per calendar month..........................................100
F. All other facilities for hazardous waste under license by rule
provisions.....................200
G. Facility post-closure license..............500
Sec. 11. 38 MRSA §1319-I, sub-§3, as amended by PL 2005, c. 549, §4, is further
amended to read:
3. Fee for transportation into Maine from out of state. If hazardous waste or waste
oil is transported into Maine from out of state, the person who first transports the hazardous
waste or waste oil into Maine shall pay the fee indicated by the schedules outlined in
subsection 2 for hazardous waste or subsection 4‑A for waste oil, as if that person were the
waste oil dealer.
Sec. 12. 38 MRSA §1319-I, sub-§4-A, as amended by PL 2005, c. 549, §5, is
further amended to read:
4-A. Fee on waste oil sale or disposal. A fee of 2¢ a gallon on each gallon of waste
oil transported, collected or stored must be paid by the waste oil dealer handler or
transporter that first transports, collects or stores that waste oil. Waste A waste oil dealers
handler and transporter shall maintain records sufficient to determine whether the dealer
handler or transporter is liable for any and all fees imposed pursuant to this subsection and
shall submit such records to the commissioner as required by rule of the board.
Sec. 13. 38 MRSA §1319-J, first ¶, as enacted by PL 1981, c. 478, §7, is amended
to read:
Any person who permits, causes or is responsible for a discharge or threatened
discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred,
including personnel costs, in the removal of the discharge or threatened discharge. Funds
recovered under this section shall must be deposited to the account from which they were
expended. Requests for reimbursement, if not made within 30 days of demand, shall must
be turned over to the Attorney General for collection.
Sec. 14. 38 MRSA §1319-O, sub-§2, ¶A, as amended by PL 2019, c. 315, §12, is
further amended to read:
A. The department may adopt rules relating to the transportation, collection and
treatment, storage and disposal of waste oil to protect public health, safety and welfare
and the environment. The rules may include, without limitation, rules requiring
licenses for waste oil dealers and transporters and waste oil facilities including waste
oil management facilities, the location of waste oil treatment, storage and disposal sites
that are operated by waste oil dealers, evidence of financial capability and manifest
systems for waste oil. A person licensed by the department to transport or handle
hazardous waste is not required to obtain a waste oil dealer's license, but the hazardous
waste license must include any terms or conditions determined necessary by the
department relating to the transportation or handling of waste oil.
Page 5 - 130LR0132(03)
 Sec. 15. 38 MRSA §1319-X, as enacted by PL 1993, c. 383, §38, is amended by
amending the section headnote to read:
§1319-X. Criteria for development of waste oil storage facilities and biomedical waste
facilities
Sec. 16. 38 MRSA §1319-X, first ¶, as enacted by PL 1993, c. 383, §38, is
amended to read:
The following criteria for facility development apply to an application for a waste oil
storage facility or a new or substantially modified biomedical waste treatment or disposal
facility in addition to other criteria established by law or rule for those facilities.
Sec. 17. 38 MRSA §1319-X, last ¶, as enacted by PL 1993, c. 383, §38, is amended
to read:
The department may not issue a license for a waste oil storage facility if the proposed
facility overlies a significant ground water aquifer or a primary sand and gravel recharge
area.
Sec. 18. 38 MRSA §1611, sub-§3, ¶A, as amended by PL 2019, c. 617, Pt. J, §1,
is further amended to read:
A. Beginning January 15, 2021 a retail establishment may use provide a recycled paper
bag or a reusable bag made of plastic to bag products at the point of sale as long as the
retail establishment charges a fee of at least 5¢ per bag.
(1) All amounts collected pursuant to this paragraph are retained by the retail
establishment and may be used for any lawful purpose.
(2) A retail establishment may not rebate or otherwise reimburse a customer any
portion of the fee charged pursuant to this paragraph.
Sec. 19. 38 MRSA §3113, sub-§1-A is enacted to read:
1-A. Licensing fees. An applicant under this section shall include the following fees
with a license application and an annual license renewal application.
A. An applicant for approval of a redemption center shall submit a $100 license fee with
an initial application and subsequent annual applications.
B. An applicant for approval as an initiator of deposit:
(1) Of a small brewery as defined in Title 28-A, section 2, subsection 29 or a small
winery as defined in Title 28-A, section 2, subsection 29-B that produces no more
than 50,000 gallons of its product or a bottler of water that annually sells no more
than 250,000 containers, each containing no more than one gallon of its product,
shall submit an annual license fee of $50;
(2) Of a small beverage producer whose total production of all beverages from all
combined manufacturing locations is less than 50,000 gallons annually shall
submit an annual license fee of $50; and
(3) Other than under subparagraphs (1) or (2) shall submit an annual license fee
of $500.
Page 6 - 130LR0132(03)
C. An applicant for approval as a contracted agent for the collection of beverage
containers shall submit a $500 annual license fee with each application.
Page 7 - 130LR0132(03)


Statutes affected:
Bill Text LD 1635, HP 1219: 29-A.2054, 32.10008, 38.352, 38.353, 38.480, 38.1303, 38.1319, 38.1611
Bill Text ACTPUB , Chapter 186: 29-A.2054, 32.10008, 38.352, 38.353, 38.480, 38.1303, 38.1319, 38.1611