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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.2(J), Regulated Community, Exemptions.
Question: If a company was exempt from reporting under the "old TUR Law" are they exempt from reporting under the current "amended Toxics Law"?
Response: Not necessarily. Any chemical specific exemptions issued by the Department under the "old TUR Law" are no longer relevant, because the chemical specific exemption portion of the law, "Facility's wastes and emissions", were eliminated when the Law was revised in 1999.
Section 2304-A(2) of the Toxics Law defines 14 categories that are exempt from the Law's planning, reporting and fee requirements. No other exemptions exist under the current "amended Toxics Law". If a facility does not fall into any of the 14 "exemption" categories, and meets the "Regulated Community" criteria detailed in Section 2304-A(1)(A)(B)(C) (see below), it must perform planning as required in Section 2305, report toxics use, toxics release and hazardous waste shipped under Section 2305-A, and pay fees established in Section 2311-A.
§2304-A. Regulated community