18-691-1 Me. Code R. § 8

Current through 2023-3, January 18, 2023
Section 691-1-8 - Waste Management

All wastes must be managed in accordance with federal, state and local requirements. Applicants should contact the Department of Environmental Protection for guidance on applicable regulations.

8.1 - Hazardous Waste

Discharges of hazardous waste or other matter in any quantity and under any circumstances must be reported to the Department and in accordance with this Section.

A. Licensees must immediately report discharges to the Department of Public Safety (State Police) unless exempted pursuant to Chapters 800 and 850 of the Department of Environmental Protection's regulations:
(1) Licensees must call 1-800-452-4664 or 207-624-7000 to notify the Department of Public Safety of a discharge.
(2) Licensees are not required to notify the Department of Environmental Protection.
B. Licensees must also report any discharges of hazardous matter exceeding the federal reportable quantities in Appendix A to Chapters 800 and 850 of the Department of Environmental Protection's regulations as follows:
(1) The licensee must call the National Response Center at 1-800-424-8802; and
(2) If the spill goes beyond the boundary of the facility, the licensee must call the local fire department and the local community emergency coordinator.
8.2 - Cannabis Waste

In addition to any other provisions of 28-B MRS, this rule or other applicable laws or rules, non-hazardous cannabis wastes shall be managed in accordance with the following:

A. A cannabis plant, cannabis, trim and other plant material in itself is not considered hazardous waste unless it is toxic, flammable or a listed waste subject to regulation under Department of Environmental Protection rule Chapter 850.
B. Non-hazardous cannabis waste that is to be disposed of must be rendered unusable prior to leaving a cannabis establishment by one of the following methods:
(1) Grinding and incorporating the cannabis waste with other ground materials so the resulting mixture is at least fifty percent non-cannabis waste by volume, including:
(a) Food waste;
(b) Yard waste; or
(c) Other wastes approved by the Department.
(2) Using another method approved by the Department and recorded in the licensee's facility plan of record before implementation.
(3) Sample collector licensees may not dispose of cannabis waste. A sample collector licensee who is in possession of samples of cannabis or cannabis products to be wasted must return such samples of cannabis, cannabis concentrate or cannabis products to the licensee from which the samples were collected.
C. Composting of cannabis wastes may be subject to the Department of Environmental Protection's Solid Waste Management rules: Composting Facilities rule, 06-096 C.M.R., chapter 410.
8.2.1Cannabis Waste Exceptions. The following materials shall not be considered to be cannabis waste requiring treatment to be rendered unusable, provided that they are completely free of all cannabis flowers and leaves with any visible trichomes, and may be disposed of, provided that they are non-hazardous, in accordance with standard waste disposal regulations:
A. Root balls, soil or growing media;
B. Stalks of cannabis plants; and
C. Leaves and branches removed from cannabis clones, seedlings and cannabis plants.
8.3 - Wastewater

Wastewater generated during the cultivation or manufacturing of cannabis must be disposed of in compliance with all applicable state and local laws and regulations.

8.4 - Reducing Packaging Waste

A licensee may reuse containers and exit packaging, and may permit a consumer to use their own reusable exit packaging, in accordance with the packaging and labeling requirements of Section 9 of this rule. A licensee may charge a reasonable fee to a consumer for any reusable containers or exit packaging and a licensee may offer a refund of such fees to consumers who return containers or exit packaging that can be reused or who use their own reusable exit packaging. A licensee must ensure that the reused packaging is clean and does not impart any deleterious substances to the cannabis or cannabis products contained therein.

Nothing in this section shall be construed to exempt a licensee from compliance with the packaging and labeling requirements of Section 9 of this rule.

18-691 C.M.R. ch. 1, § 8