An Act To Make Minor Changes and Corrections to Statutes Administered by or Concerning the Department of Environmental Protection
Sec. 1. 22 MRSA §567, sub-§1, as amended by PL 2017, c. 407, Pt. A, §68, is further amended to read:
A laboratory operated by a waste discharge facility licensed pursuant to Title 38, section 413 may analyze waste discharges for total suspended solids, settleable solids, biological or biochemical oxygen demand, chemical oxygen demand, pH, chlorine residual, fecal coliform, E. coli, Enterococcus, conductivity, color, temperature and dissolved oxygen without being certified under this section. The exception provided under this paragraph applies to a laboratory testing its own samples for pollutants listed in its permit or license; pretreatment samples; and samples from other wastewater treatment plants for up to 60 days per year. The time period provided in this paragraph, which is a maximum period for each treatment plant for which analysis is provided, may be extended by memorandum of agreement between the Department of Environmental Protection and the Health and Environmental Testing Laboratory.
Sec. 2. 38 MRSA §464, sub-§5, as enacted by PL 1985, c. 698, §15, is amended to read:
Rules shall must be promulgated adopted by January 1, 1987, and as necessary thereafter, and shall must include, but are not limited to, sampling and analytical methods, protocols and procedures for satisfying the water quality criteria, including evaluation of the impact of any discharge on the resident biological community.
Rules adopted pursuant to this subsection shall become effective upon adoption. Rules adopted pursuant to this subsection shall must be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources matters for review during the next regular session of the Legislature following adoption. This committee may submit legislation it deems the committee considers necessary to clarify legislative intent regarding rules adopted pursuant to this subsection. If the committee takes no action, the rules shall continue in effect.
Sec. 3. 38 MRSA §1304, sub-§1, as amended by PL 1989, c. 585, Pt. E, §5, is further amended to read:
Sec. 4. 38 MRSA §1304, sub-§1-A, as amended by PL 1999, c. 385, §3, is further amended to read:
(1) Liability insurance;
(2) Performance bonding; and
(3) Financial ability to comply with statutory and regulatory requirements or conditions.
Sec. 5. 38 MRSA §1304, sub-§1-B, as enacted by PL 1987, c. 517, §9, is amended to read:
Sec. 6. 38 MRSA §1304, sub-§10, as amended by PL 1987, c. 517, §11, is further amended to read:
Sec. 7. 38 MRSA §1304, sub-§13, as amended by PL 2011, c. 655, Pt. GG, §11 and affected by §70, is further amended to read:
Sec. 8. 38 MRSA §1365, sub-§4, as amended by PL 2005, c. 330, §36, is further amended to read:
summary
This bill makes minor adjustments to laws administered by or that affect the Department of Environmental Protection. The bill authorizes laboratories operated by a waste discharge facility to analyze waste discharges for Enterococcus without being certified under a state laboratory certification or accreditation program. It changes the timelines regarding appeals under the laws governing uncontrolled hazardous substance sites. It changes the rule-making authority from the Board of Environmental Protection to the Commissioner of Environmental Protection for certain rules regarding waste management.