38 §2303. Toxics use, toxics release and hazardous waste reduction goals (WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12) - Maine Statutes

Title 38: WATERS AND NAVIGATION

Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION HEADING: PL 1989, C. 929, §7 (NEW)

§2303. Toxics use, toxics release and hazardous waste reduction goals

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE UNTIL 7/1/12)

The State's goals for reduction of the volume of toxics used and released and hazardous waste that is generated within the State are as follows. [1989, c. 929, §7 (NEW).]

1. Toxics use reduction goals. Using the amount of toxics used statewide in 1990 as a baseline figure, the statewide goals for toxics use reduction are a 40% reduction in the amount of toxic substances used in the State by January 1, 2002, a 50% reduction by January 1, 2004 and a 60% reduction by January 1, 2006.

[ 1999, c. 348, §5 (AMD) .]

2. Toxics release reduction goals. Using an average of the aggregate amounts of toxics released statewide in calendar years 1990 and 1991 as a baseline figure, the goals for reducing the aggregate amount of toxics released to the environment statewide are a 40% reduction by January 1, 2002, a 50% reduction by January 1, 2004 and a 60% reduction by January 1, 2006.

[ 1999, c. 348, §5 (AMD) .]

3. Hazardous waste generation minimization goals. The goals for minimizing the amount of hazardous waste generated statewide are a 40% reduction by January l, 2002, a 50% reduction by January 1, 2004 and a 60% reduction by January 1, 2006. Reductions must be based on the average generation rate in the State for the years 1987 and 1989.

[ 1999, c. 348, §5 (AMD) .]

4. Establishment of unit of product. A facility must establish its own unit of product to aid the department in accounting accurately for changes in toxics use, toxics release and hazardous waste generation due to business growth or decline. Once established and accepted by the commissioner, a facility's unit of product remains constant from year to year. If a facility changes its products or services so that use of the previously accepted unit of product no longer accurately accounts for toxics use, toxics release and hazardous waste reductions, the facility may petition the commissioner to change its unit of product. The commissioner may establish guidelines to aid facilities in the establishment of unit of product.

[ 1991, c. 520, §12 (AMD) .]

5. Progress evaluation; report. Progress toward meeting the statewide toxics use, toxics release and hazardous waste reduction goals must be evaluated annually by the commissioner based on manifest data, progress reports submitted under section 2305-A, annual hazardous waste generator reports and other appropriate available information. To determine achievement of statewide reduction goals, the commissioner may adjust the baseline figure to account for changes in the statutory or regulatory definitions of toxic substances and hazardous wastes.

The commissioner shall report biennially on the progress toward meeting the statewide goals established in this section and the adequacy of the goals set by facilities. In evaluating the adequacy of facility goals, the commissioner may not consider the statewide goals. The report must include a listing of all facilities subject to the requirements of this chapter, the planning status of each facility, the goals set by each facility and the progress made by each facility, excluding any information entitled to protection as confidential information or a trade secret pursuant to section 1310-B; section 2307-A, subsection 5; or Title 37-B, section 800. The report must also include, for informational purposes, summaries of the use and release of toxic and hazardous materials not subject to the provisions of this chapter for which the department maintains informational, planning or regulatory programs. The commissioner shall submit the report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15th of each odd-numbered year.

[ 1999, c. 348, §5 (AMD) .]

6. New facilities. Facilities constructed after the effective date of this chapter should be designed to minimize toxics use, toxics release and hazardous waste generation in accordance with the State's policies as set forth in section 2302 and may be evaluated on the basis of units of product for the amount of toxics used, toxics released and hazardous waste generated. New facilities that are described in section 2304-A are subject to the requirements of this chapter.

[ 1999, c. 348, §5 (AMD) .]

7. Petition. A toxics releaser may petition the commissioner to eliminate a substance from the total volume of toxics release subject to the reductions under subsection 2 when the toxics releaser demonstrates that release of the substance does not pose an unreasonable threat to occupational health, public health or the environment.

[ 1999, c. 348, §5 (AMD) .]

SECTION HISTORY

1989, c. 929, §7 (NEW). 1991, c. 520, §§11,12 (AMD). 1999, c. 348, §5 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).