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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
207/624-7650
FAX 207/287-6545

January 31, 2001
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 4, Certification, Recertification and Revocation of Certification for Municipal Shellfish Conservation Wardens
PROPOSED RULE NUMBER: 2001-P21
CONCISE SUMMARY: The Department of Marine Resources (DMR) proposes clarifications to the procedures for certification, recertification and revocation of certification for the position of municipal shellfish conservation warden. Minimum standard qualifications have been added to provide consistency with other law enforcement officials. Applicants may not enforce municipal ordinances until granted certification by the Department, and must attend the next available training course offered by the Department. The rule requires the municipality to provide the Department with a written job description regarding the wardens duties and responsibilities; establishes conditions for any waivers granted by the Department; clarifies the information that must be reported by the warden on forms provided by the Department and establishes the due dates by which the information must be received by the Department. The current proposal eliminates the provision under the initial proposal that would have allowed the warden to enforce a municipal shellfish ordinance under a conditional certification. New language requires that municipal wardens may not enforce shellfish ordinances until the Department has approved their application and has granted certification.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6671(8)
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 2, 2001
AGENCY CONTACT PERSON: Hal Winters
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333-0021
TELEPHONE: (207) 624-6562
TTY: (207) 287-4474 (Deaf/Hard of Hearing).
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567


ADOPTIONS

AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 136, Official State of Maine Grades and Standards for Milk and Milk Products for use with the State of Maine Quality Trademark
ADOPTED RULE NUMBER: 2001-21
CONCISE SUMMARY This rule is being adopted to amend existing regulations for using the Department's Quality Trademark logo on milk and milk products. The amendments align the regulations to reflect current quality standards and industry practices.
EFFECTIVE DATE: January 23, 2001
AGENCY CONTACT PERSON: David E. Gagnon, Director
AGENCY NAME: Maine Department of Agriculture, Food & Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3841


AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 61, Maine Milk Pool: Cost of Administration
ADOPTED RULE NUMBER: 2001-22
CONCISE SUMMARY: These amendments to the Maine Milk Pool Cost of Administration Rule, Ch. 61, were proposed to reflect the estimated administrative costs of operating the Pool for calendar year 2001.
EFFECTIVE DATE: January 22, 2001
AGENCY CONTACT PERSON:
NAME: Stanley Millay, Pool Administrator, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 850, Identification of Hazardous Wastes
Ch. 851, Standards for Generators of Hazardous Waste
Ch. 853, Licensing of Transporters of Hazardous Waste
Ch. 857, Hazardous Waste Manifest Requirements
Ch. 400, General Provisions
Ch. 402, Transfer Stations and Storage Sites for Solid Waste
ADOPTED RULE NUMBER: 2001-24 through 2001-29
CONCISE SUMMARY: The rule changes incorporate the concept of universal waste into the Hazardous Waste Management rules and the Solid Waste Management rules. Universal wastes are wastes that are commonly generated by many types of businesses and organizations that might not normally generate a hazardous waste. The rule tailors the requirements specifically to the type of waste, requires recycling of the waste (with some exceptions), and is designed to remove these wastes from the typical mismanagement scenarios. The waste types included in the rule are batteries, cathode ray tubes, lamps, mercury containing thermostats, and totally enclosed non leaking polychlorinated biphenyl ballast.
EFFECTIVE DATE: January 23, 2001
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection
ADDRESS: State House Station 17, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-2651


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