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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 2306. Employee and Host Municipality Notification.
Question: The Toxics Law requires notice be given to employees 6 months prior to a planning (or plan revision) deadline. (The "original law" had required plans be developed by January 1, 1993, and updated every two years thereafter). The 1999 amendments added a new requirement for facilities to have plans by January 1, 2000, and update every two years thereafter. Therefore, under the amended law, employees should be notified of the plan by July 1, 1999. However, the new law doesn't go into effect until Sept 18, 1999. By that time, it's too late to give 6-month notice. How can a facility comply with this provision?
Response: The practice of employee involvement should be taking place already under the provisions of the "original law", which required plan updates every 2 years (last one should have been done by 1/1/99 (Sec. 2305 of the "original law"), and that plans must include employee involvement in planning and implementation to the maximum amount feasible (Section 2305.4 of the "original law").
Given that the 6 month requirement of the "amended law" can not technically be complied with in 1999, DEP would expect facilities to have started the employee notification process on 9/18/99, and will require (as per Section 2306 of the "amended law"), that facilities include a description of the employee notification and involvement process, as part of the biennial progress reports, due July 1, 2000.
In future years, companies must comply with the 6-month notification deadline.