Environmental Laws: 1st Regular Session of the 124th Maine Legislature - Effective September 12, 2009

October 19, 2009

Environmental Laws: 1st Regular Session of the 124th Maine Legislature - Effective September 12, 2009

Remove the Bald Eagle from Maine's Endangered and Threatened Species List PL 2009, Chapter 60

This Act delists the Bald Eagle from the Maine endangered and threatened species list. It also creates a class D crime for intentional acts that harm a delisted species - - including import, hunt, trap, bait, possess and harass.

Right to Use Solar Energy PL 2009, Chapter 273

This Act protects the use of solar energy devices, which includes a range of devices from solar heating panels to outdoor clothes drying lines and racks. Municipal ordinances, homeowners association rules, and deeds created after September 30, 2009, may not prohibit a person from installing or using solar energy devices in a residence. However, reasonable restrictions on solar energy devices are allowed to protect the public health and safety, shorelands, buildings from damage, and historic or aesthetic values.

Flood Hazard Standards in the Unorganized Territories PL 2009, Chapter 111

This Act conforms the laws for building in the unorganized territory with federal flood hazard requirements issued by FEMA. LURC must adopt rules to implement these permitting requirements for structures located in special flood hazard areas.

Classification of Certain Waters of the StatePL 2009, Chapter 163

This Act adds and updates classifications to numerous waters in Maine. Notably, the classification keeps certain impoundments of the Kennebec River and Long Creek's main stem in Westbrook as Class C waters. For a complete list of additions and updates, click here.

It also directs DEP to establish and implement a water quality sampling program for the lower Androscoggin River, initiate reclassification procedures, and to report to the Committee on Natural Resources.

Informed Growth ActPL 2009, Chapter 260

This Act clarifies that a municipality is exempt from the Informed Growth Act if the municipality has adopted an ordinance that (1) includes requirements for determining the impact of a large-scale retail development, and (2) requires an independent study of the community economic impacts for each large- scale development.

Maine Land Use Regulations Commission PL 2009, Chapter 328

This Act increases the minimum number of members of the Land Use Regulation Commission who must reside within LURC's jurisdiction from 2 to 3, out of the 7 members .

Electronic Waste Recycling PL 2009, Chapter 397

This Act expands the electronic recycling law to apply to desktop printers and video consoles. It also requires manufacturers of electronic devices sold in Maine to pay an annual registration fee of $3,000 to Maine DEP. Starting January 1, 2010, the recycling responsibility of these manufacturers will be determined using a national market share analysis.

Public Benefit of State-owned Solid Waste Disposal Facilities PL 2009, Chapter 348

Maine DEP may not process or act upon any application for a new or expanded solid waste disposal facility owned by the State on or after January 15, 2009, unless DEP determines that the proposed facility will provide a substantial public benefit.

Landfill CapacityPL 2009, Chapter 412

This Act directs DEP to report to the Legislature's Natural Resources Committee, and to adopt new rules, on defining the phrase "maximum extent practicable" regarding recycling requirements for solid waste processing facilities. The rules must be adopted by April 1, 2010.

This law also requires the DEP and SPO to review and assess solid waste management policy and report to the Natural Resources Committee by January, 2010. The report must at least address funding, operation and management of the state owned landfill, and expansion of private commercial landfills.

Geotherm al Heat Exchange Wells PL 2009, Chapter 153

This Act directs the Maine Water Well Commission to adopt rules establishing a license structure for geothermal well drillers and well pump installers. Current rules relating to geothermal well construction, installation, and licensing are deferred until the Maine Water Well Commission adopts these final rules.

Collection and Recycling of Mercury-containing LightingPL 2009, Chapter 272

This law requires DEP to adopt rules for mercury content, based upon standards established in California. Each manufacturer must implement a recycling program by January 1, 2011, for any mercury-added lamps it sells or distributes after January 1, 2001 (manufactures must submit their recycling program to DEP by January 1, 2010. Recycling programs must include municipal collection sites. These rules and requirements do not apply to motor vehicles or watercraft lights.

Prohibit the Sale of Wheel Weights Containing Lead or MercuryPL 2009, Chapter 125

Beginning on January 1, 2011, the use of lead or mercury wheel weights on tires is prohibited. The sale of lead or mercury wheel weights is also prohibited, but new motor vehicles that contain lead or mercury may be sold up to January 1, 2012.

For more information, please contact Heather L. Parent, Esq. in our Bangor office at 207- 947- 0111.

This alert is provided for general information, and is not a substitute for legal or other professional advice.