An Act To Ensure That Collection Facilities Can Participate in the Architectural Paint Stewardship Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1319-P, as reallocated by PL 1987, c. 517, §23, is amended to read:
Nothing in this chapter shall may be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard under, or other action promulgated pursuant to, this chapter. Local ordinance provisions which that touch on matters not dealt with by the this chapter or which that are more stringent than this chapter shall bind persons residing in the municipality , except that, notwithstanding any provision in this chapter to the contrary, a municipality may not impose conditions or restrictions on the operation of collection sites that are more stringent than conditions or restrictions in section 2144.
Sec. 2. 38 MRSA §2144, sub-§1, ¶A, as enacted by PL 2013, c. 395, §1, is amended to read:
A. "Architectural paint" or "paint" means interior and exterior architectural coatings sold in containers of 5 gallons or less and does not mean industrial, original equipment or specialty coatings , arts and crafts paints, adhesives and caulking compounds, epoxies, glues, automotive and marine paints, 2-component coatings, deck cleaners, industrial maintenance coatings, original equipment manufacturer paints and finishes, paint additives, colorants, tints, resins, roof patch and repair, tar and bitumen-based products, traffic and road marking paints, wood preservatives, ignitable paint thinners or solvents used for cleaning paint-related equipment or contaminated with architectural paint or paint thinners or solvents identified as hazardous waste in 40 Code of Federal Regulations, Section 261.31 that are used for cleaning paint-related equipment or contaminated with architectural paint.
Sec. 3. 38 MRSA §2144, sub-§1, ¶¶A-1 and A-2 are enacted to read:
A-1. "Collection container" means a container that is designed to store more than one universal waste item that meets federal Department of Transportation specifications for collection of those items.
A-2. "Collection site" means a location that collects post-consumer paint directly from consumers for end-of-life management and may include, but is not limited to, retailers, hardware and home improvement stores, transfer stations and household hazardous waste programs. A collection site may also accept other universal wastes according to rules established by the department.
Sec. 4. 38 MRSA §2144, sub-§1, ¶B, as enacted by PL 2013, c. 395, §1, is amended to read:
B. "Consumer" means a purchaser or user of architectural paint. "Consumer" includes a purchaser or user of architectural paint who also generates post-consumer paint.
Sec. 5. 38 MRSA §2144, sub-§1, ¶F-1 is enacted to read:
F-1.
"Paint containing hazardous waste" means paint containing a hazardous waste identified in rules adopted by the department pursuant to section 1319-O, including paint containing a material identified as a hazardous waste by characteristic and generated by a conditionally exempt small quantity generator pursuant to 40 Code of Federal Regulations, Section 261.5 that:
(1) Generates less than 220 pounds of post-consumer paint each month;
(2) Does not generate more than 2.2 pounds of acutely hazardous waste as defined in department rules each month; and
(3) Does not accumulate more than 2,200 pounds of post-consumer paint at one site at any one time.
Sec. 6. 38 MRSA §2144, sub-§1, ¶K, as enacted by PL 2013, c. 395, §1, is amended to read:
K. "Post-consumer paint" means architectural paint not used and no longer wanted by a consumer. "Post-consumer paint" includes paint containing hazardous waste.
Sec. 7. 38 MRSA §2144, sub-§5-A is enacted to read:
Sec. 8. 38 MRSA §2144, sub-§11 is enacted to read:
summary
This bill amends the laws governing the stewardship program for architectural paint by amending definitions and enacting requirements for architectural paint collection sites.