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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 2304-A Regulated Community, Section 2305 Pollution
Prevention Plans,
and Section 2305-A Progress Reports.
Question: If a company uses or releases a variety of toxics, some above the reporting thresholds specified in Section 2304-A, and some below the reporting thresholds, must the company include the toxics that are below the reporting thresholds in their Pollution Prevention (P2) plan and on their biennial reports submitted to the Department?
Response: Section 2304-A stipulates that plans and reports must be submitted
by the
following facilities:
Therefore, Section 2303 establishes non binding state wide goals for toxics use, toxics release, and hazardous waste reduction using the same baseline dates for toxics and hazardous waste generation established in the "original TUR Law". The reduction goals established in Section 2303 (40% by 2002, 50% by 2004, and 60% by 2006), build upon the 30% reduction goal established in the "original TUR Law".
Based on the above, it is the Department's interpretation that the intent of the "amended Toxics Law", is to maintain consistency in the type of data reported under the Law. Therefore, planning and reporting is only required for those toxics used and toxics released above the thresholds noted above.
Given that the above hazardous waste threshold is based on a facility wide total of all hazardous waste shipped, once the threshold is exceeded, a facility must include all of the hazardous waste shipped in its reduction plan and biennial reports, unless the waste or facility is specifically exempt under Section 2304-A (2).