Sec. 31. 38 MRSA §1365, sub-§4, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §268, is further amended to read:

4. Compliance; appeal. The person to whom the order is directed shall comply immediately and may apply to the board for a hearing on the order if the application is made within 5 10 working days after receipt of the order by a responsible party. The hearing must be held by the board within 5 days after receipt of application. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. The nature of the hearing before the board is an appeal. At the hearing, all witnesses shall must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. Within 7 days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the order. The decision of the board may be appealed to the Superior Court in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII 7.

Sec. 32. 38 MRSA §1610, sub-§5, ķE, as reallocated by RR 2003, c. 2, §119, is amended to read:

E. Annually, beginning January 1, 2007 2006, the department shall provide manufacturers and consolidation facilities with a listing of each manufacturer's pro rata share of orphan waste computer monitors and televisions. The department shall determine each manufacturer's pro rata share based on the best available information, including but not limited to data provided by manufacturers and consolidators and data from electronic waste collection programs in other jurisdictions within the United States.

Sec. 33. PL 1997, c. 444, §9 is repealed.

Sec. 34. PL 1997, c. 444, §10, as amended by PL 2003, c. 165, §2, is further amended to read:

*Sec. 10. Report; dioxin. The Commissioner of Environmental Protection and the Commissioner of Health and Human Services shall report to the Governor and the joint standing committee of the Legislature having jurisdiction over natural resources matters by May 1, 2001, and every January 1st March