3.__Rulemaking.__The program of testing and disposal of marine dredge spoils must be administered in accordance with rules adopted for that purpose by the department.__Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

Sec. 2. Fund allocation criteria; application. In accordance with the Maine Revised Statutes, Title 12, chapter 613, the Department of Marine Resources shall submit proposed legislation establishing criteria for the allocation of funds under Title 12, section 6272 to the Joint Standing Committee on Marine Resources no later than January 31, 2002, which the committee may use to report out a bill. Funding under Title 12, section 6272 may not be approved by the Department of Marine Resources until the effective date of the law enacting the criteria for approval.

SUMMARY

Marine dredging of harbors, channels and boat slips is necessary for the continued operation of commercial marine activities. Marine dredge spoils often contain contaminants that classify the spoils as special or hazardous waste under state law. The testing of the spoils and the proper disposal of them if they are contaminated is prohibitively expensive for many owners of commercial waterfront property. As a result, dredging necessary to maintain or improve waterfront property that is critical to a number of marine-related activities like fishing is not being done. This bill creates a program under the Department of Marine Resources for funding the testing of dredge spoils and the proper disposal of contaminated spoils.