38 §1316-B. Abatement; cleanup; mitigation
Title 38: WATERS AND NAVIGATION
Chapter 13: WASTE MANAGEMENT HEADING: PL 1987, C. 517, §4 (RPR)
Subchapter 2-A: TIRE STOCKPILE ABATEMENT HEADING: PL 1991, C. 517, PT. A, §2 (NEW)
§1316-B. Abatement; cleanup; mitigation
If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316-A or an administrative consent agreement issued pursuant to section 347-A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may: [1995, c. 579, §3 (AMD).]
1. Assistance. Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities;
[ 1991, c. 517, Pt. A, §2 (NEW) .]
2. Process and remove. Cause the processing or removal of all stockpiled tires;
[ 1995, c. 579, §4 (AMD) .]
3. Secure. Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party;
[ 1991, c. 517, Pt. A, §2 (NEW) .]
4. Equipment. Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile;
[ 1991, c. 517, Pt. A, §2 (NEW) .]
5. Alter. Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity;
[ 1995, c. 314, §3 (AMD) .]
6. Close. Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or
[ 1995, c. 314, §3 (AMD) .]
7. Consultation. Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures.
[ 1995, c. 314, §4 (NEW) .]
SECTION HISTORY
1991, c. 517, §A2 (NEW). 1995, c. 314, §§3,4 (AMD). 1995, c. 579, §§3,4 (AMD).