LD 2223
pg. 10
Page 9 of 18 An Act to Encourage Continuous Improvement in Pollution Prevention in Maine ... Page 11 of 18
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LR 3120
Item 1

 
3.__Review of plan.__The commissioner shall review the pollution
prevention plan of a facility when, in the commissioner's judgment,
the plan summary indicates significant deficiencies in the
pollution prevention efforts at the facility or when the facility
fails to reach any of its reduction goals by more than 25%, as
indicated in the plan summary.__The commissioner may require the
owner or operator of a facility to make any modifications to a
pollution prevention plan necessary for compliance with this
chapter.__In reviewing a pollution prevention plan, the
commissioner has the authority to require the owner or operator of
the facility to provide information the commissioner finds
necessary to analyze the reviewed document.__If the commissioner
requires the owner or operator of the facility to modify a
pollution prevention plan, the commissioner shall allow a
reasonable time period of not less than 90 days for the
modifications to be made and shall consider the financial impact of
the changes or modifications on the owner or operator of the
facility.__The owner or operator of a facility may appeal to the
board a decision of the commissioner to require the owner or
operator to modify a pollution prevention plan under this
subsection or subsection 4.

 
4.__Municipal petition for review of plan.__The commissioner
shall review the pollution prevention plan of a facility upon
receipt of a petition to review the plan submitted by the
municipal officers in the municipality in which the facility is
located.__The commissioner shall make a written determination on
whether the plan meets the facility goals and guidelines of this
chapter and explain the reasons for the determination.__If the
commissioner determines that the plan is inadequate, the
commissioner may require the owner or operator of the facility to
make modifications pursuant to this section.

 
5.__Confidentiality.__Upon a satisfactory showing to the
commissioner by the owner or operator of a facility required to
submit information under this chapter that a progress report or
plan summary developed under this chapter, if made public, would
divulge methods, processes or other information entitled to
protection, the commissioner shall hold as confidential that
progress report or plan summary or a portion of that progress
report or plan summary pursuant to section 1310-B.

 
Sec. 13. 38 MRSA §2309, sub-§§1 and 2, as enacted by PL 1989, c. 929,
§7, are amended to read:

 
1. Data collection and dissemination. The commissioner shall
develop the necessary information base and data collection
programs to establish program priorities and; evaluate the
progress of toxics use, toxics release and hazardous waste


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