38 M.R.S. §1316-B: Abatement; cleanup; mitigation

If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316‑A or an administrative consent agreement issued pursuant to section 347‑A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may:

1. Assistance. Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities;

2. Process and remove. Cause the processing or removal of all stockpiled tires;

3. Secure. Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party;

4. Equipment. Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile;

5. Alter. Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity;

6. Close. Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or

7. Consultation. Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures.