§791. General provisions 1. Purpose. This subchapter is intended to be consistent with and facilitate implementation of the provisions of the United States Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499. [PL 1989, c. 464, §3 (NEW).] 2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following […]
§792. State Emergency Response Commission 1. Composition and terms. The State Emergency Response Commission, referred to in this subchapter as the “commission,” as established by Title 5, section 12004‑G, subsection 13‑A, to implement effective emergency response to releases of hazardous chemicals. The commission is composed of 14 members as follows: A. The Commissioner of […]
§793. Local emergency planning committees There are established local emergency planning committees, referred to in this subchapter as “committees” for each emergency planning district designated by the commission pursuant to the Emergency Planning and Community Right-to-Know Act of 1986, Public Law 99-499. [PL 1989, c. 464, §3 (NEW).] 1. Local committees established. The commission […]
§794. Local emergency response plans 1. Plan development. The local emergency planning committee of each emergency planning district shall prepare and submit to the commission a local emergency response plan for the district. The district’s plan shall contain all of the following in compliance with federal law: A. An identification of each facility within […]
§795. Facility emergency response plans The operators of any facility where any extremely hazardous substance is present in a quantity above the threshold planning quantity are subject to the following. [PL 1989, c. 464, §3 (NEW); PL 1989, c. 638, §2 (AMD).] 1. Written plans. A written plan in accordance with agency guidelines to […]
§796. Material safety data sheets 1. Data sheets. Any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the United States Occupational Safety and Health Act of 1970, Public Law 91-596, as amended, and regulations promulgated under it shall […]
§797. Maine chemical inventory report A person required to submit a facility emergency response plan, material safety data sheet or list of hazardous chemicals and extremely hazardous substances must submit a Maine chemical inventory report to the commission, the local emergency planning committee and the local fire department with jurisdiction over the facility. The inventory […]
§798. Emergency notification 1. Immediate notification. In the event of an unlicensed release from any facility where a CERCLA hazardous substance or an extremely hazardous substance is produced, used or stored that requires reporting under the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 103(a) or the federal Superfund Amendments and […]
§799. Toxic chemical release reports Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification Codes 20-39 must file toxic chemical release reports for routine releases with the United States Environmental Protection Agency, the Department of Environmental Protection, the commission and the local emergency planning […]
§800. Trade secrets 1. Withholding information. Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department, and specific chemical names and identifications may be withheld in accordance with this subchapter if: A. The information has not been disclosed to any other person except the commission, the […]
§801. Fees 1. Fees required. The operators of any facility that is required to report to the State Emergency Response Commission under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Sections 311, 312 and 313, are subject to the fees adopted pursuant to subsection 2. All fees collected pursuant to […]
§802. Emergency Response Commission Fund The Emergency Response Commission Fund is established to be used by the agency as a nonlapsing fund for carrying out the purposes of this subchapter. All fees collected under this subchapter shall be credited to this fund. All fines or penalties assessed pursuant to section 806 shall be credited to […]
§803. Agency responsibilities The Maine Emergency Management Agency has the following responsibilities under this subchapter. [PL 1989, c. 464, §3 (NEW).] 1. Review facility emergency plans. The agency shall review facility area emergency plans submitted to the commission and make recommendations to the commission on their acceptance. The agency shall also develop model emergency […]
§804. Local authority Nothing in this subchapter or rules adopted under it preempts or otherwise affects any ordinance, regulation or rule of a political subdivision, limits the authority of a political subdivision to adopt or enforce any ordinance, regulation, or rule that it is authorized to adopt or enforce pursuant to the Constitution of Maine […]
§805. Community right to know 1. Availability to public. Each emergency response plan, material safety data sheet, list described in section 796, subsection 2, Maine chemical inventory report, toxic chemical release report and follow-up emergency notice must be made available to the general public, consistent with section 800, during normal working hours at the location […]
§806. Enforcement; penalties 1. Commission orders. The commission may issue orders requiring the owner or operator of a facility or other responsible person at a facility to abate a violation of any section of this subchapter or rule adopted under it. [PL 1989, c. 464, §3 (NEW).] 2. Civil penalties. The following penalties apply […]
