Maine Revised Statutes

Me. Rev. Stat. tit. 12, § 9301 (2026)

Hazard clearance

✓ current as of May 2026
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Any municipal or private dump within the State established and maintained for the disposal of solid waste, as defined in Title 38, section 1303, which might facilitate either the origin or spread of forest fires shall be operated under the following preventive measures: A strip 10 feet wide cleared to mineral soil shall be constructed on all sides of the dump; a water supply, the suitability of which shall be determined by the forest ranger and town forest fire warden, may be substituted for the cleared strip along any portion of the perimeter; and all grass, weeds, slash, brush and debris and other inflammable material shall be removed for a distance of 100 feet in all directions outside the cleared mineral soil strip. Live trees need not be removed, except that green branches of conifers and dead branches of all trees shall be pruned to a height of 10 feet above the ground. Dead snags of all trees shall be removed. During periods of high forest fire hazard if a municipal dump is burning, municipal officers shall maintain a watchkeeper at such dumps and owners and operators of private dumps shall do the same.   [PL 1989, c. 174, §4 (AMD).]
SECTION HISTORY
PL 1979, c. 545, §3 (NEW). PL 1989, c. 174, §4 (AMD).
Notes of Decisions
Cited in 2 cases, 1989–1992 · leading case: Dep't of Env't Prot. v. Emerson, 563 A.2d 762 (Me. 1989).
Dep't of Env't Prot. v. Emerson, 563 A.2d 762 (Me. 1989). · cites it 4× “In addition, in May of 1986 a representative of the Department of Conservation’s Bureau of Forestry inspected Emerson’s tire facility and ordered that no *764 further tires be accepted because the site was in violation of the hazard clearance law, 12 M.R.S.A. § 9301 (1981). On…”
Dep't of Env't Prot. v. Emerson, 616 A.2d 1268 (Me. 1992). “12 M.R.S.A. § 9301 (1981). 3 . The statute reads in part: In the event of a violation of any provision of the laws administered by the Department of Environmental Protection or of any order, regulation, license, permit, approval or decision of the Board of Environmental…”
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