Uncontrolled Sites


The Uncontrolled Hazardous Substance Sites Program (Uncontrolled Sites Program) was created by the Maine Legislature in 1983 in response to the threats and potential threats to human health and the environment posed primarily by abandoned hazardous waste sites. The USP is the state equivalent to the Federal Superfund Program. The Uncontrolled Hazardous Substance Sites Act (Act) broadly defines responsible parties and provides for joint and several liability. The Act authorizes the DEP to issue orders to Responsible Parties requiring them to conduct state approved clean up actions. If there are no viable Responsible Parties, the Act authorizes the DEP to undertake necessary clean up actions. These state-lead clean up actions are funded by bond money. To date more than $20,000,000 has been spent on state-lead site clean ups.

What is Hazardous Substance?

Generally speaking the term hazardous substance includes hazardous matter, hazardous waste, toxic pollutants, hazardous air pollutants, any substance listed by the United States Toxic Substance Control Act, Section 7, and waste oil. A detailed definition can be found in 38 MRSA § 1362 (1).

What is an Uncontrolled Hazardous Substance Site?

Under 38 MRSA§ 1362 (3) an Uncontrolled hazardous substance is an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner (of DEP) that the site poses a threat or hazard to the public health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate the threat of hazard.


For more information about the Uncontrolled Sites Program contact Brian Beneski (207) 592-0248.



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