38 §2309. Program; powers and duties (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)

§2309. Program; powers and duties

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

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

The Toxics Use, Toxics Release and Hazardous Waste Reduction Program is established within the department in the office of the commissioner to assist toxics users, toxics releasers and hazardous waste generators to eliminate or reduce the amounts, toxicity and adverse environmental and public health effects of toxics used, toxics released and hazardous wastes generated. [1989, c. 929, §7 (NEW).]

1. Data collection and dissemination. The commissioner shall develop the necessary information base and data collection programs to establish program priorities; evaluate the progress of toxics use, toxics release and hazardous waste reduction goals; and fully inform the public of efforts made and progress achieved in reducing toxics use, toxics release and hazardous waste generation. By January 1, 2001, the commissioner shall organize and store the information submitted to the department in biennial progress reports in electronic form in a manner that facilitates public access including, without limitation, making the information available through the Internet. The commissioner shall ensure the confidentiality of any information designated as confidential or a trade secret. At a minimum, the commissioner shall ensure that the following information is readily available to the public:

A. The statewide goals and the progress made toward meeting them; [1999, c. 348, §13 (NEW).]

B. The name, location and contact information for each facility subject to the requirements of this chapter; [1999, c. 348, §13 (NEW).]

C. An indication of the availability of the progress report for each facility; [1999, c. 348, §13 (NEW).]

D. The 2-year goals established by each facility for the reduction of toxics used, toxics released and hazardous waste generated at the facility; and [1999, c. 348, §13 (NEW).]

E. Each facility's progress made toward meeting each of its goals. [1999, c. 348, §13 (NEW).]

[ 1999, c. 348, §13 (AMD) .]

2. Technical services. The commissioner shall disseminate information concerning toxics use, toxics release and hazardous waste reduction through various means including publications, the Internet, seminars, model plans, recommended waste assessment procedures and lists of consultants on toxics use, toxics release and hazardous waste reduction technologies. The commissioner shall establish a clearinghouse of technical information on best-of-class methods for toxics use reduction for each of the classes of facilities subject to the requirements of this chapter.

[ 1999, c. 348, §13 (AMD) .]

3. Grant program. The commissioner shall evaluate the need for a grant program to provide financial and technical assistance for a facility subject to this chapter.

[ 1989, c. 929, §7 (NEW) .]

4. Information exchange. The commissioner may participate in existing state, federal and industrial networks of individuals and groups actively involved in toxics use, toxics release and hazardous waste reduction. Subject to available funding, the commissioner may contract with technical information centers to assist the department in carrying out the provisions of this chapter.

[ 1989, c. 929, §7 (NEW) .]

5. Production units.

[ 1991, c. 520, §18 (RP) .]

5-A. Unit of product. The commissioner may develop guidelines to aid facilities in the establishment of units of product to account for changes in business activity. A facility's selection of or change in unit of product may be reviewed by the commissioner and rejected if it is not appropriated for the facility. If a facility fails to identify a unit of product, the commissioner may establish a unit of product for that facility based upon a review of units of product for similar facilities in the same standard industrial code category.

[ 1991, c. 520, §19 (NEW) .]

6. Contracts. The commissioner may enter into contracts to carry out the purposes of this chapter.

[ 1989, c. 929, §7 (NEW) .]

7. Reports. In addition to the biennial progress report submitted by the commissioner to the Legislature under section 2303 and after public review and comment, the commissioner shall submit the following reports to the joint standing committee of the Legislature having jurisdiction over natural resources matters:

A. By January 15, 2001, an evaluation of and recommendations for additional chemicals and classes of facilities to be added to planning and reporting requirements; [1999, c. 348, §14 (NEW).]

B. By January 15, 2001, an assessment of and recommendations for focusing use reduction and pollution prevention efforts on the most toxic chemicals and classes of chemicals. The commissioner shall base the assessment on existing toxicity information, and the recommendations may include changes to chemical lists and reporting thresholds; and [1999, c. 348, §14 (NEW).]

C. For the preceding 2-year period, a listing of those facilities that have exceeded their goals by more than 25% and those that have failed to meet their goals by at least 25%. This report must be submitted on October 1, 2002 and every 2 years thereafter. [1999, c. 348, §14 (NEW).]

[ 1999, c. 348, §14 (NEW) .]

8. Additional facilities; planning requirements. The commissioner may make a finding that participation by a class of facilities in toxics reduction planning pursuant to this chapter could reduce the threat to public health, safety, occupational exposure and risk to the environment. Such a finding must follow public notice and be based on the past performance of that class of facilities and the extent to which that class of facilities contributes to the total amount and overall toxicity of toxics used, toxics released or hazardous waste generated in the State or a region of the State. If the commissioner makes such a finding, the board may by rule designate that class of facilities as subject to this chapter. Such a rule is a major substantive rule under Title 5, chapter 375, subchapter II-A.

[ 1999, c. 348, §14 (NEW) .]

9. Future statewide goals. By January 1, 2007, the commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters with recommendations regarding new statewide goals for reducing the amount of toxics used, toxics released and hazardous waste generated consistent with the principles of continuous improvement in environmental management. The commissioner shall base the proposed new goals on the extent of progress achieved by facilities throughout the State, the availability of new reduction methods and the degree of risk and hazard to occupational health, public health and safety and environmental quality posed by the use or release of toxic substances in the State and by the generation of hazardous waste in the State. At the expiration of the time periods for the goals established under this subsection, the commissioner shall repeat the process.

[ 1999, c. 348, §14 (NEW) .]

10. Performance recognition program. The commissioner shall establish a biennial recognition program for facilities achieving a minimum reduction of 40%, 50% and 60% in toxics use, toxics release or hazardous waste generation by 2002, 2004 and 2006, respectively.

[ 1999, c. 348, §14 (NEW) .]

SECTION HISTORY

1989, c. 929, §7 (NEW). 1991, c. 520, §§18,19 (AMD). 1999, c. 348, §§13,14 (AMD). 2009, c. 579, Pt. A, §2 (RP). 2009, c. 579, Pt. A, §6 (AFF).