Maine Revised Statutes Title 38 Sec. 1316-B – Abatement; cleanup; mitigation
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If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316?A or an administrative consent agreement issued pursuant to section 347?A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may: [PL 1995, c. 579, §3 (AMD).]
1. Assistance. Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1316-B
- 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
- responsible party: means any or all of the following persons:
A. See Maine Revised Statutes Title 38 Sec. 1303-CSite: 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 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 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
2. Process and remove. Cause the processing or removal of all stockpiled tires;
[PL 1995, c. 579, §4 (AMD).]
3. Secure. Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
4. Equipment. Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile;
[PL 1991, c. 517, Pt. A, §2 (NEW).]
5. Alter. Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity;
[PL 1995, c. 314, §3 (AMD).]
6. Close. Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or
[PL 1995, c. 314, §3 (AMD).]
7. Consultation. Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures.
[PL 1995, c. 314, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 517, §A2 (NEW). PL 1995, c. 314, §§3,4 (AMD). PL 1995, c. 579, §§3,4 (AMD).