2019 Summary of Key Environmental Legislation in Maine

Pierce Atwood LLP

Pierce Atwood’s Environmental and Land Use Practice Groups are pleased to provide a summary of key environmental legislation from the 129th Maine Legislature’s First Regular Session, which adjourned sine die, on June 20, 2019. Unless specific effective dates are provided in the legislation, the effective date of non-emergency legislation enacted during the First Regular Session will be September 19, 2019. 

We hope you find this a useful resource.


Contacts: Lisa Gilbreath | Brian Rayback

LD 1789, An Act To Restore the Authority of the Board of Environmental Protection – Public Law 2019, c. 315
This law reestablishes the rulemaking and advisory powers of the Maine Board of Environmental Protection. Whereas the Board previously had authority only with regard to major substantive rules, now the Board, instead of the Department, may adopt, amend, or repeal rules and emergency rules necessary for the interpretation, implementation, and enforcement of any provision of law that the Department is charged with administering. The Board shall also adopt, amend, and repeal rules as necessary for the conduct of the Department’s business, including the processing of applications, the conduct of hearings, and other administrative matters. The commissioner may submit to the Board new or amended rules for its adoption. The Act further requires the Board to advise the commissioner on enforcement priorities and activities, advise the commissioner on the adequacy of penalties and enforcement activities, approve administrative consent agreements, and hear appeals of emergency orders.


Contacts: Brian Rayback | Lisa Gilbreath | Elizabeth Frazier

LD 1706, An Act to Ensure Public Notification of Air Quality Violations – Public Law 2019, c. 321
This law requires for the first time that the Maine Department of Environmental Protection (Maine DEP) notify municipalities when either the Maine DEP or the U.S. Environmental Protection Agency issues a notice of violation for an air quality issue in that community. The new law does not otherwise expand the scope of an enforcement proceeding, such as by giving the municipality a formal role in investigating or resolving the issues alleged in the notice.

LD 1679, An Act to Promote Clean Energy Jobs and to Establish the Maine Climate Council – Public Law 2019, c. 476
This new law sets greenhouse gas reduction targets to achieve a statewide reduction of 80% by 2050, with interim reductions by 2040. To determine how best to achieve that level of reduction, the law establishes the Maine Climate Council. The Climate Council will be comprised of 39 members who represent Maine's different economic sectors and will include members of the Legislature and the University of Maine system, among others.

The Climate Council is tasked with updating Maine's Climate Action Plan and identifying mitigation strategies. The law requires the Climate Council to deliver an updated plan by December 1, 2020 and every four years thereafter. It also requires the Climate Council to report annually on its work and any recommendations for legislation beginning January 15, 2021.

To give effect to the recommendations of the Climate Council and the updated Climate Action Plan, the law requires the Maine DEP to issue rules beginning July 1, 2021. The Department of Transportation may also issue rules pursuant to the new law.


Contacts: William Taylor | Matthew Manahan

LD 1775, An Act to Protect Sustenance Fishing – Public Law 2019, c. 463
This law creates a new sustenance fishing designated use as part of the State’s water quality standards. In order to protect the new sustenance fishing designated use, Maine DEP will utilize a fish consumption rate of 200 grams per day on specific waterbodies where Maine Indian tribes have historically fished. Maine DEP specifically exempted mercury from this new law and maintained the current risk level for inorganic arsenic. As a result, Maine DEP believes that there will be very little impact on existing discharges due to use of an increased fish consumption rate on the specified waters.


Contacts: Brian Rayback | Lisa Gilbreath

LD 199, An Act to Create the Water Resources Planning Committee – Public Law 2019, c. 67
This law reestablishes the Water Resources Planning Committee, which was abolished during the LePage Administration, in the Department of Agriculture, Conservation and Forestry. The Committee’s charge is to plan for the sustainable use of water resources by collecting and reviewing information about water withdrawals, coordinating state water resources information, and identifying any watersheds at risk using existing data gathered by the State. The Committee will then annually review state water policy regarding conservation and incentives for stewardship, among other things, and will provide guidance to municipalities and water districts and otherwise distribute educational materials on water resources and regulation. The members of the Committee will be broadly representative, including personnel from multiple state agencies, including the Maine Geological Survey, Maine DEP, and the Drinking Water Program, as well as members of the public with expertise in agriculture, public water utilities, water bottling, conservation, and other sectors.


Contacts: Lisa Gilbreath | Matthew Manahan | William Taylor

LD 550, An Act To Amend the Definition of "Subdivision" in the Laws Governing Planning and Land Use Regulation for Subdivisions and a Provision Excepting the Division of a New or Existing Structure from Those Laws Beginning July 1, 2018 – Public Law 2019, c. 174
This law changes from January 1, 2019 to January 1, 2021 the date by which definitions of “subdivision” that are in municipal ordinances and that conflict with state law must comply with the definition of “subdivision” in state law. It extends from June 30, 2018 until June 30, 2020 the time municipalities have to register with the registry of deeds an ordinance with a conflicting “subdivision” definition. The bill also broadens the subdivision review exemption for a division of a structure into three or more dwelling units from municipalities with DEP-approval under the Site Law to any site plan review that meets certain specified criteria. Finally, it makes these changes retroactive to June 30, 2018.

LD 1784, An Act To Increase Land Permit by Rule Application Fees – Public Law 2019, c. 374
This law increased the permit by rule application processing fee from $50 to $250. On average, Maine DEP processes roughly 1,750 permit by rule applications per year.

LD 562, An Act To Improve Shoreland Zoning Rules and Enforcement To Support Municipalities – Public Law 2019, c. 40
This law increases the maximum civil penalties set forth in 30-A M.R.S. § 4452. Violations of local ordinances now carry a maximum penalty of $5,000 (up from $2,500), and a maximum penalty of $10,000 (up from $5,000) if the violation occurs within a resource protection zone. The Act further requires municipal shoreland zoning ordinances to require pre- and post-construction photographs of shoreland vegetation and the development site where a development is proposed within the shoreland zone.

Joint Order, Establishing the Task Force on Changes to the Maine Indian Claims Settlement Implementing Act
This joint order establishes the Task Force on Changes to the Maine Indian Claims Settlement Act. The Task Force’s purpose is to review the Maine Indian Claims Settlement Act and make recommendations for legislation regarding any suggested changes to the Act. The Task Force report is due by December 4, 2019.


Contacts: Thomas Doyle | Brian Rayback

LD 112, An Act to Implement Changes to Maine’s Solid Waste Laws Pursuant to a Review of the State Waste Management and Recycling Plan – Public Law 2019, c. 291
As its title suggests, this law reflects amendments to Maine’s solid waste statutes recommended by the Maine DEP after this year’s update of the State’s Solid Waste Management and Recycling Plan.

Part A of this legislation: (1) clarifies the definition of “bypass,” a condition called by waste-to-energy or processing facilities when they have a malfunction, insufficient capacity, or other temporary downtime; (2) states the purpose of State-owned solid waste disposal facilities and the Legislature’s intent that all aspects of the management and operation of such facilities be conducted in a manner that “maximizes alignment” with the State’s waste management hierarchy; (3) stipulates that the Maine DEP may authorize disposal of non-bypass, municipal solid waste at State-owned disposal facilities only when a specific need for disposal has been identified by the Bureau of General Services and the facility operator, the disposal is consistent with the solid waste management hierarchy, and options for management of waste that represent a higher priority on the hierarchy are not otherwise reasonably available; and (4) authorizes the Maine DEP to limit the volume of municipal solid waste at a State-owned disposal facility and the duration of such disposal through imposition of limitations under the facility’s license.

Part B of this legislation: (1) requires that beginning March 1, 2020, and annually thereafter, a recycling establishment engaged in marketing, brokering, or purchasing recyclable materials generated in Maine report to the Maine DEP regarding its recycling of such materials; (2) clarifies the existing recycling reporting requirement for municipalities and changes the reporting to biennial rather than annual; (3) changes the existing due date for the Maine DEP’s report on statewide generation of solid waste, recycling rates, and available disposal capacity to the Legislature’s Environment and Natural Resources Committee from January 1, 2020, and biennially thereafter, to January 1, 2021, and biennially thereafter.


Contacts: Kenneth Gray | Thomas Doyle

LD 1017, Resolve, To Direct the Department of Labor to Develop a Framework for Encouraging Employers to Identify Safer Alternatives to Hazardous Chemicals – Public Law 2019, c. 47
Maine legislators have introduced bills over the years to enact laws that would identify chemicals of concern and require businesses to engage in various processes to find and use alternatives to those chemicals. Although no law has yet passed, this resolve requires the Department of Labor to “develop a framework” for such a program.

LD 1433, An Act to Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging – Public Law 2019, c. 277
This Act amends the 1989 Reduction of Toxics in Packaging law, which applied to four metals in all packaging or packaging components. The amendments expand the law to reach phthalates, PFAS, and additional “chemicals of concern” in food packages. The law now includes specific bans, and authorizes additional Maine DEP rulemakings that may lead to bans or other requirements, giving the Department FDA-like authority.

LD 1668, An Act to Implement Recommendations of the Department of Environmental Protection Regarding the State’s Mercury-added Lamp Law – Public Law 2019, c. 286
This law adjusts coverage of the program that recycles mercury lamps, and also encourages recycling by providing more locations for collection and for education and outreach to the public.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pierce Atwood LLP | Attorney Advertising

Written by:

Pierce Atwood LLP

Pierce Atwood LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.