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Title 25 - §2101. Policy

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2101. Policy

It is declared to be the policy of the State to protect its citizens adequately against the risks to life and property which are inherent in the transportation of hazardous materials in commerce. [1977, c. 622 (new).]

Section History:
PL 1977,
Ch. 622,
§ (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2102-A. Definitions

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2102-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1983, c. 736, § 2 (new).]

1. Commerce. "Commerce" means trade, traffic, commerce or transportation within or through the jurisdiction of the State."Commerce" does not mean movement of hazardous materials by a farmer for his own use to and from the farm or field within a 20-mile radius. [1983, c. 736, § 2 (new).]

2. Hazardous material. "Hazardous material" means a substance or material which has been determined by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce, and which has been so designated in 49 Code of Federal Regulations, Part 172. [1983, c. 736, § 2 (new).]

3. Person. "Person" means an individual, firm copartnership, corporation, company, association or joint-stock association, and includes any trustee, receiver, assignee or personal representative thereof. [1983, c. 736, § 2 (new).]

4. Transport or transportation. "Transport" or "transportation" means any movement of hazardous material by any mode and any loading, unloading or storage incidental thereto. [1983, c. 736, § 2 (new).]

Section History:
PL 1983,
Ch. 736,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2102. Definitions (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2102. Definitions (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 736,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2103-A. Adoption of rules

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2103-A. Adoption of rules

The Commissioner of Public Safety shall adopt state rules to adopt by reference the federal regulations as found in 49 Code of Federal Regulations, Parts l07, l7l, l72, l73, l74, l77, l78, l79, 180, 387 and 397, as amended, and subsequently shall adopt state rules to adopt by reference every subsequent amendment to those federal regulations. Except as provided in this section, the Maine Administrative Procedure Act, Title 5, chapter 375, does not apply to those adoptions. [1997, c. 653, §1 (amd).]

1. Content of state rules. Any state rule adopted under this section must contain instructions for obtaining a copy or a certified copy of referenced federal regulations or amendments from the appropriate federal agency. [2003, c. 633, §1 (amd).]

2. Filing, publication and availability of rules. For every state rule adopted under this section:

A. The commissioner shall file with the Secretary of State:

(1) A certified copy of the state rule adopting by reference that federal regulation or a subsequent amendment;

(2) A published copy of the federal regulation or amendment as printed in the Federal Register; and

(3) Annually, a published copy of the updated volume of the Code of Federal Regulations containing the federal regulations in question;
[1989, c. 754, Pt. C, §1 (new).]

B. The commissioner shall supply, without cost or at actual cost, copies of each state rule to any person who has filed with the agency within the past year a written request to be supplied with all copies of the agency's rules, and to any other person on request. The commissioner shall also make available for inspection at no charge, and for copying at actual cost, a current published copy of the referenced federal regulations, but requests for purchase of copies or certified copies of the federal regulations may be directed to the appropriate federal agency; [1989, c. 754, Pt. C, §1 (new).]

C. The Secretary of State shall publish, pursuant to the procedures set forth in Title 5, section 8053, subsection 5, a notice containing the following information:

(1) A statement that the state rule has been adopted and its effective date;

(2) A brief description of the substance of the state rule and the referenced federal regulations or amendments; and

(3) The addresses where copies of the state rule and the federal regulations and amendments may be obtained; and
[1989, c. 754, Pt. C, §1 (new).]

D. The Secretary of State shall maintain and make available at the Secretary of State's office, for inspection at no charge and for copying or purchase at actual cost, current copies of those state rules as filed in accordance with paragraph A and include them within the compilations subject to Title 5, section 8056, subsection 3, paragraphs A-1 and B. The Secretary of State shall also make available at the Secretary of State's office, for inspection at no charge, and for copying at actual cost, a current published copy of the referenced federal regulations and amendments, but requests for purchase of copies or certified copies of the federal regulations or amendments may be directed to the appropriate federal agency. [1989, c. 754, Pt. C, §1 (new).]

[1989, c. 754, Pt. C, §1 (new).]

3. Effective date; emergency rules. A rule adopted under this section may not take effect until at least 5 days after filing with the Secretary of State under subsection 2, paragraph A, except that, if the commissioner finds that immediate adoption of the rule is necessary to avoid an immediate threat to public health, safety or general welfare, the commissioner may adopt the rule as an emergency rule in accordance with Title 5, section 8054, and that rule takes effect immediately. [1989, c. 754, Pt. C, §1 (new).]

Section History:
PL 1983,
Ch. 736,
§4 (NEW).
PL 1987,
Ch. 789,
§1 (AMD).
PL 1989,
Ch. 754,
§C1 (AMD).
PL 1997,
Ch. 653,
§1 (AMD).
PL 2003,
Ch. 633,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2103. Designation of hazardous materials (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2103. Designation of hazardous materials (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 736,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2104-A. Reporting system

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2104-A. Reporting system

In addition to the reporting requirements of 49 Code of Federal Regulations, Part 171, any person who transports a hazardous material within this State involved in an accident resulting in death, serious illness or serious personal injury, or resulting in a discharge of a hazardous material, shall report the accident, as provided for hazardous matter, Title 38, section 1318-B. [1983, c. 736, § 6 (new).]

Section History:
PL 1983,
Ch. 736,
§6 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2104. Handling of hazardous materials (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2104. Handling of hazardous materials (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 474,
§1,2 (AMD).
PL 1983,
Ch. 736,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2105-A. Enforcement

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2105-A. Enforcement

It is the responsibility of the State Police, sheriffs and their deputies and all other police officers to investigate any alleged violations of this chapter and any rules adopted by reference thereto. Prior to taking enforcement action, a law enforcement officer shall have met minimum training requirements established by the Criminal Justice Academy with respect to hazardous materials. [1983, c. 736, § 8 (new).]

Section History:
PL 1983,
Ch. 736,
§8 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2105. Reporting system (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2105. Reporting system (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 736,
§7 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2106-A. Penalties

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2106-A. Penalties

Violation of this chapter or of any rule authorized by this chapter is a Class D crime. [1983, c. 862, § 73 (amd).]

Section History:
PL 1983,
Ch. 736,
§10 (NEW).
PL 1983,
Ch. 862,
§73 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2106. Exemptions (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2106. Exemptions (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 736,
§9 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2107. Penalty (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2107. Penalty (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1983,
Ch. 736,
§11 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2108. Advisory board (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2108. Advisory board (REPEALED)

Section History:
PL 1977,
Ch. 622,
§ (NEW).
PL 1979,
Ch. 672,
§A63 (RP ).
PL 1979,
Ch. 730,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2109. Notification (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2109. Notification (REPEALED)

Section History:
PL 1983,
Ch. 88,
§5 (NEW).
PL 1983,
Ch. 736,
§12 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2110. Financial responsibility

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 5: PUBLIC SAFETY
Chapter 256: HAZARDOUS MATERIALS CONTROL

§2110. Financial responsibility

1. Requirement. A person who transports a division 1.1, 1.2 or 1.3 explosive intrastate in a vehicle with a gross vehicle weight rating of less than 10,000 pounds shall maintain a financial responsibility policy of liability insurance or a surety bond in an amount of not less than $1,000,000. The Commissioner of Public Safety may not adopt a rule requiring a person transporting a division 1.1, 1.2 or 1.3 explosive intrastate in a vehicle with a gross vehicle weight rating of less than 10,000 pounds to maintain a financial responsibility policy of liability insurance or a surety bond in excess of $1,000,000. For purposes of this section, division 1.1, 1.2 and 1.3 explosives have the same meanings as found in 49 Code of Federal Regulations, Part 173.50. [1995, c. 67, §1 (new).]

2. Exception. This section does not apply to a farmer who transports a division 1.1, 1.2 or 1.3 explosive for the farmer's own use to and from the farm or field within a 20-mile radius. [1995, c. 67, §1 (new).]

Section History:
PL 1995,
Ch. 67,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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