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DEP > Innovation > Toxic and Hazardous Waste Reduction > Advisory Opinions
Toxics Use and Hazardous Waste Reduction Law (Toxics Law), as amended by PL 1999, Chapter 348, "An Act to Encourage Continuous Improvement in Pollution Prevention in Maine".
Section 2303.6, New Facilities.
Question: The Toxics Law states that it applies to new facilities. If a new facility were required by law to be constructed to minimize toxics to the extent practical, wouldn't a new facility that identified future potential reductions be prima fascia in violation of the law?
Response: Section 2303.6 of the Toxics Law, as amended by PL 1999 Chapter 348, states, "New Facilities. Facilities constructed after the effective date of this chapter should be designed to minimize toxics use, toxics release and hazardous waste generation, in accordance with the State's policies as set forth in Section 2302, and may be evaluated on the basis of units of product for the amount of toxics used, toxics released and hazardous waste generated. New facilities that are described in Section 2304-A are subject to the requirements of this chapter".
The last sentence of the above paragraph was added as part of the revisions of PL 1999 Chapter 348. Section 2304-A defines toxics user, toxics releaser and hazardous waste generator.
It is the Department's interpretation that since Section 2303.6 states facilities "should be designed" rather than "shall be designed", facilities are encouraged rather than required to be designed to minimize toxics and hazardous waste.
In addition, the wording is to "minimize in accordance with the policy under Section 2302". Section 2302, as amended now, "encourages" reductions rather than "requires" them. The policy under Section 2302 does not specify to what extent minimization is encouraged.
Therefore, the Department would not consider a new facility that identified future potential reductions to be prima fascia in violation of the law.