Maine Code § 38-2174

Local inspection and enforcement
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1. Certification.
[PL 1993, c. 355, §62 (RP).]
2. Information. The host municipality of a solid waste disposal facility has a right to all
information from the department and the bureau pursuant to Title 1, chapter 13, subchapter 1. All
information provided under this subsection must be made available to the citizen advisory committee
and the public by the host municipality.
A. The commissioner shall provide all of the following information to the municipal officers of
the host municipality:
(1) Copies of any inspection report of the facility within 5 working days of the preparation of
the report;
(2) Prompt notification of all enforcement or emergency orders for those facilities, including,
but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent
orders and decrees and notices of violation;
(3) Copies of all air, soil and water quality monitoring data collected by the commissioner at
such facilities, including leachate and ash testing results, within 5 working days after complete
laboratory analysis becomes available to the commissioner; and
(4) Copies of all analyses of the data under subparagraph (3). [PL 1989, c. 890, Pt. A, §40
(AFF); PL 1989, c. 890, Pt. B, §292 (AMD).]
B. The operator of the facility shall provide the host municipality copies of all air, soil and water
quality monitoring data, including leachate and ash testing results, conducted by or on behalf of the
operator, within 5 days after that information becomes available to the operator. [PL 1989, c. 585,
Pt. A, §7 (NEW).]

C. The municipality shall provide all of the following information to the commissioner:
(1) Copies of any inspection report of the facility within 5 working days of the preparation of
the report;
(2) Prompt notification of all enforcement or emergency orders for those facilities, including,
but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent
orders and decrees and notices of violation;
(3) Copies of all air, soil and water quality monitoring data collected by the municipality at
such facilities, including leachate and ash testing results, within 5 working days after complete
laboratory analysis becomes available to the municipality; and
(4) Copies of all analyses of the data under subparagraph (3). [PL 1989, c. 890, Pt. A, §40
(AFF); PL 1989, c. 890, Pt. B, §292 (AMD).]
[PL 2011, c. 655, Pt. GG, §55 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
3. Inspection; emergency orders.
[PL 1993, c. 680, Pt. A, §38 (RP).]
4. Commissioner inspections. Whenever any host municipality notifies the commissioner of an
order issued pursuant to a local permit requirement under section 2173 and gives the commissioner
reason to believe that any solid waste disposal facility is in violation of any law or regulation
administered by the department, or any order or the condition of any permit issued pursuant to any law
or rule administered by the department, the commissioner shall promptly conduct an inspection of the
facility.
If the commissioner finds that there is insufficient information to believe that there is a violation, the
commissioner shall, within 10 working days of a municipality's request for an inspection, provide to
the municipality a written explanation of the commissioner's decision not to conduct an inspection.
[PL 1993, c. 310, Pt. B, §8 (AMD).]

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