38 M.R.S. § 1310-Y — ME Code / Title 38 / Chapter 13 / Section 1310-Y
38 §1310-Y. Financial assurance
Status: in_force

An owner or operator of a solid waste processing facility that processes plastic waste through chemical plastic processing that is licensed under section 1310‑N or of a solid waste disposal facility that is licensed under section 1310‑N shall provide the department assurance of its financial ability to satisfy the estimated cost of corrective action for known releases from the facility and its financial capacity to satisfy the estimated cost of closure and postclosure care and maintenance at the facility for a period of at least 30 years after closure. The board may adopt rules that increase or decrease that postclosure care period, as long as those rules are consistent with applicable federal rules. The department may consider the use of more than one acceptable form of financial assurance per facility to satisfy the financial assurance requirement of this section. This section applies to all privately owned solid waste disposal facilities licensed by the department, including facilities licensed by the department before June 16, 1993, and to all solid waste processing facilities that process plastic waste through chemical plastic processing. This section does not apply to a municipally owned or operated solid waste disposal facility that accepts exclusively special waste, construction and demolition debris, land-clearing debris or any combination of those types of waste or to a municipally owned or operated solid waste disposal facility licensed before June 16, 1993. [PL 2023, c. 517, §7 (AMD).]

1. Acceptable forms of financial assurance. Acceptable forms of financial assurance are: A. A letter of credit; [PL 1993, c. 378, §9 (NEW).] B. A surety bond; [PL 1993, c. 378, §9 (NEW).] C. An escrow account; [PL 1993, c. 378, §9 (NEW).] D. A reserve account calculated in a manner consistent with the United States Internal Revenue Code; [PL 1993, c. 378, §9 (NEW).] E. An irrevocable trust account; or [PL 1993, c. 378, §9 (NEW).] F. In the case of a municipal solid waste disposal facility, any of the allowable financial assurance mechanisms set forth in applicable federal rules. [PL 1993, c. 378, §9 (NEW).] [PL 1993, c. 378, §9 (NEW).]

1-A. Substitute requirements. The department may substitute part of the acceptable forms of financial assurance under subsection 1 with one or more of the following requirements: A. A current rating for its senior unsubordinated debt of AAA, AA, A or BBB as issued by Standard and Poor's Corporation or Aaa, Aa, A or Baa as issued by Moody's Investors Services, Inc.; [PL 2001, c. 575, §1 (NEW).] B. A ratio of less than 1.5 comparing total liabilities to net worth; or [PL 2001, c. 575, §1 (NEW).] C. A ratio of greater than 0.10 comparing the sum of net income plus depreciation, depletion and amortization, minus $10,000,000, to total liabilities. [PL 2001, c. 575, §1 (NEW).] [PL 2001, c. 575, §1 (NEW).]

2. Report. An owner or operator of a solid waste processing facility that processes plastic waste through chemical plastic processing or of a solid waste disposal facility shall annually prepare a report containing a sworn statement providing the year-end balance of any escrow, trust or reserve account established under this section. That report must be submitted to the commissioner by March 31st of each year or such other date as the commissioner may designate. [PL 2023, c. 517, §8 (AMD).]
38 M.R.S. § 480-K — ME Code / Title 38 / Chapter 3 / Section 480-K
38 §480-K. Data bank
Status: in_force

The commissioner shall maintain, in cooperation with other state agencies, a data bank containing all the known information pertaining to all resources of state significance, as enumerated in this article, within the State. All governmental agencies, state or federal, shall make available to the commissioner information in their possession relating to these resources. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
38 M.R.S. § 1722 — ME Code / Title 38 / Chapter 17 / Section 1722
38 §1722. Approval and organization
Status: in_force

When the residents of the municipality, or each municipality when more than one is involved, or the municipal officers, as the case may be, have voted upon the formation of a proposed disposal district and all of the other questions submitted, the clerk of each of the municipalities shall make a return to the department in such form as the department may determine. If the department finds from the returns that each of the municipalities involved, voting on each of the articles and questions submitted to them, has voted in the affirmative, and that the municipalities have appointed the necessary directors and listed the names of the directors to represent each municipality, and that all other steps in the formation of the proposed disposal district are in order and in conformity with law, the department shall make a finding to that effect and record the finding upon its records. When 3 or more municipalities are concerned in the voting, and at least 2 have voted to approve each of the articles and questions submitted, appointed the necessary directors and listed the names of the directors to represent each municipality, rejection of the proposed disposal district by one or more does not defeat the creation of a district composed of the municipalities voting affirmatively on the question, if the department determines and issues an order stating that it is feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively, unless the vote submitted to the municipalities provided that specific participants or a minimum number of participants must approve the formation of the district. [PL 2011, c. 655, Pt. GG, §23 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

The department, immediately after making its findings, shall issue a certificate of organization in the name of the disposal district in such form as the department determines. The original certificate must be delivered to the directors on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the department is conclusive evidence of the lawful organization of the disposal district. The disposal district is not operative until the date set by the directors under section 1726 . [PL 2011, c. 655, Pt. GG, §23 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1391 — ME Code / Title 38 / Chapter 13-D / Section 1391
38 §1391. Declaration of policy
Status: in_force

The Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to establish a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous waste. The Legislature further finds that spills of oil and hazardous waste pose a significant risk to groundwater quality and that the handling of those substances near drinking water wells should be restricted to reduce the risk of contamination. [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 638 — ME Code / Title 38 / Chapter 5 / Section 638
38 §638. Notice of relicensing deadline
Status: in_force

By January 15, 2015, and annually thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report describing all pending applications for water quality certification under Section 401 of the federal Clean Water Act for dams located in the State that are subject to the jurisdiction of the Federal Energy Regulatory Commission. The report submitted under this section must include, for each pending application, the filing date of the application, the respective response deadline for the department and a short statement describing the department’s plan to address that deadline. The report must also include a list of the licensing or relicensing deadlines for the dams described in this section that are anticipated to occur within 5 years after the date of the report and, if applicable, the department’s plan to address each deadline. [PL 2013, c. 545, §1 (NEW).]
38 M.R.S. § 1707 — ME Code / Title 38 / Chapter 17 / Section 1707
38 §1707. Reimbursement of costs to municipalities
Status: in_force

At the sole discretion of the board of directors of the district, any municipality or municipalities which fall within a district formed under this chapter shall be entitled to reimbursement of reasonable incurred costs from that district when the financial position of the district allows. The term "costs," as used in this section, includes, but is not limited to, the following: Cost of preparation of an engineering study or studies; legal costs with relation to the application and presentation of any application for the formation of the district; other engineering costs that may not be included in a study; costs for financial advice; administrative expense; and such other expenses as may be necessary or incidental to the action of any municipality under this chapter, including funding provided pursuant to an agreement entered into pursuant to Title 30, chapter 203 . [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 490-I — ME Code / Title 38 / Chapter 3 / Section 490-I
38 §490-I. Municipal enforcement; registration
Status: in_force

This section allows a municipality to register for authority to enforce this article by adopting and submitting to the commissioner an ordinance that meets or exceeds the provisions of this article. The commissioner shall review that ordinance to determine if that ordinance meets the provisions of this article and if the municipality has adequate resources to enforce the provisions of this article. If the commissioner determines that the ordinance meets the provisions of this article and that the municipality has the resources to enforce this article, the commissioner shall register that municipality for authority to enforce this article. Immediately upon approval by the commissioner, primary enforcement authority for this article vests in that municipality. The commissioner may not approve an ordinance under this section unless the ordinance requires that any request for a variance from the standards in the article be approved by the commissioner before that variance is valid. [PL 1993, c. 350, §5 (NEW).]

1. Relation to home rule. Nothing in this section may be construed to limit a municipality's authority under home rule to adopt ordinances regulating borrow, topsoil, clay or silt excavations. [PL 1995, c. 700, §30 (AMD).]

2. Optional participation. Nothing in this article may be construed to require a municipality to adopt any ordinance. [PL 1993, c. 350, §5 (NEW).]

3. Suspension of approval. The commissioner may act to enforce any provision of this article or suspend the registration of a municipality if the commissioner determines that a municipal ordinance no longer conforms to the provisions of this article or that the municipality is not adequately enforcing this article. The commissioner shall notify a municipality of any such determination in writing. Suspension of municipal registration by the commissioner does not void or in any way affect a municipal ordinance or in any way limit the municipality's authority to enforce the provisions of its ordinance. [PL 1993, c. 350, §5 (NEW).]

4. Appeal. A municipality may appeal to the board any decision of the commissioner under this section. Any decision by the board on appeal by a municipality constitutes final agency action. [PL 1993, c. 350, §5 (NEW).]
38 M.R.S. § 2143 — ME Code / Title 38 / Chapter 24 / Section 2143
38 §2143. Cellular telephone recycling
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Cellular telephone" means a mobile wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service as defined in 47 Code of Federal Regulations, Section 22.99 (2005). "Cellular telephone" does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle. [PL 2007, c. 343, §1 (NEW).] B. "Cellular telephone service provider" means a provider of wireless voice or data retail service. [PL 2007, c. 343, §1 (NEW).] C. "Retailer" means a person, firm or corporation that sells or offers to sell a cellular telephone to a consumer at retail. [PL 2007, c. 343, §1 (NEW).] [PL 2007, c. 343, §1 (NEW).]

2. Collection system. Effective January 1, 2008, a retailer shall accept, at no charge, used cellular telephones from any person. A retailer required to accept used cellular telephones under this subsection shall post, in a prominent location open to public view, a notice printed in boldface type and containing the following language: "We accept used cellular telephones at no charge." [PL 2007, c. 343, §1 (NEW).]

3. Disposal ban. Effective January 1, 2008, a person may not dispose of a cellular telephone in solid waste for disposal in a solid waste disposal facility. [PL 2007, c. 343, §1 (NEW).]

4. Reports. [PL 2019, c. 151, §1 (RP).]
38 M.R.S. § 1 — ME Code / Title 38 / Chapter 1 / Section 1
38 §1. Appointment; compensation
Status: in_force

The municipal officers of a town that borders or contains territorial waters, on request by any person desiring mooring privileges or regulation of mooring privileges for boats or vessels, shall appoint a harbor master for a term of not less than one year, who is subject to all the duties and liabilities of that office as prescribed by state law, municipal ordinances and regulations adopted by the municipal officers, municipal harbor commissioners, municipal port authorities or other such bodies empowered to regulate municipal harbors. The municipal officers may establish the harbor master's compensation and, for cause by them declared in writing, after due notice to the officer and hearing, if requested, remove the harbor master and appoint another one. [PL 2005, c. 492, §4 (AMD).]

The municipal officers may prohibit a harbor master from making arrests or carrying a weapon. A harbor master may not make arrests or carry a firearm unless the harbor master has successfully completed the training requirements prescribed in Title 25, section 2804‑I . Any law enforcement officer vested with the authority to carry a weapon and make arrests has the authority to enforce this subchapter. [PL 1999, c. 682, §6 (AMD).]

For purposes of this section, "territorial waters" has the same meaning as provided in Title 12, section 6001, subsection 48‑B . [PL 2005, c. 492, §4 (NEW).]
38 M.R.S. § 1310-R — ME Code / Title 38 / Chapter 13 / Section 1310-R
38 §1310-R. Transition provisions
Status: in_force

1. General. Except as otherwise provided, the provisions of this article apply to any new, expanded or existing solid waste disposal facility licensed or relicensed after the effective date of this article. [PL 1987, c. 517, §25 (NEW).]

2. Recycling. The recycling requirements shall apply as follows. A. The department shall apply the provisions of section 1310‑N, subsection 5‑A, paragraph A , subparagraph (1) when relicensing any solid waste disposal facility, except that, to the extent that waste disposal contracts in effect on June 29, 1987 are inconsistent with section 1310‑N, subsection 5‑A, paragraph A , subparagraph (1), those provisions apply at the expiration of the term of those contracts without consideration of any renewals or extensions of those contracts. [PL 2007, c. 583, §5 (AMD).] B. The department shall require an applicant for a new or expanded solid waste disposal facility or for a license renewal submitting a complete application prior to the adoption of the state plan to demonstrate that the facility furthers the purposes of section 2101 and satisfies the regulations under section 1310‑N . [PL 1989, c. 585, Pt. E, §30 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §246 (AMD).] C. The provisions of section 1310‑N, subsection 5‑A, paragraph A , subparagraph (2) do not apply to the relicensing of any solid waste disposal facility licensed prior to June 29, 1987. [PL 2007, c. 583, §6 (AMD).] [PL 2007, c. 583, §§5, 6 (AMD).]

3. Public benefit. The public benefit requirements shall apply as follows. A. [PL 1989, c. 585, Pt. E, §30 (RP).] A-1. The department shall require an applicant for a new or expanded solid waste disposal facility submitting a complete application prior to the initial adoption of the state plan to submit such information as the department requires to demonstrate that the proposed facility provides a substantial public benefit, including the information described in former section 1310‑O . [PL 1989, c. 585, Pt. E, §30 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §247 (AMD).] B. The provisions of section 1310‑N, subsection 1, paragraph B , and section 1310‑N, subsection 3 , do not apply to the relicensing of a solid waste disposal facility licensed prior to June 29, 1987. [PL 1989, c. 585, Pt. E, §30 (AMD).] C. [PL 1995, c. 465, Pt. A, §17 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] [PL 1995, c. 465, Pt. A, §17 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

4. Incineration facilities. [PL 1995, c. 465, Pt. A, §18 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 1863 — ME Code / Title 38 / Chapter 20-A / Section 1863
38 §1863. Invasive Aquatic Plant and Nuisance Species Fund
Status: in_force

The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund is administered by the commissioner. The fund is funded from a portion of the fees collected for lake and river protection stickers issued under Title 12, section 13058, subsection 3 and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used only for costs related to conducting inspections under section 1862 , conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20‑B . The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species. The commissioner shall use at least 20% of the money in the fund for eradication activities. [PL 2013, c. 580, §4 (AMD).]
38 M.R.S. § 7-A — ME Code / Title 38 / Chapter 1 / Section 7-A
38 §7-A. Waiting lists; nonresident moorings
Status: in_force

1. Waiting lists. If a municipality receives more applications for mooring privileges on state-owned lands that are controlled by its rules or ordinances than there are mooring spaces, the municipality shall assign spaces as they become available from a waiting list or lists according to its rules or ordinances, except as provided in this section. Waiting lists in effect at the time that this section becomes law may continue in effect, but persons shall be selected from those lists in accordance with the allocation provisions of this section. If at the time a person applies for a mooring there is no waiting list, this person may be assigned a mooring without regard to the allocation provisions of this section. [PL 1987, c. 655, §6 (NEW).]

2. Allocations to nonresidents. If there are applicants who are nonresidents who wish to moor a vessel the principal use of which is noncommercial and less than 10% of the moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list. If there are applicants who are nonresidents who wish to moor a vessel the principal use of which is commercial and less than 10% of the assigned moorings are currently assigned to persons fitting this description, the next mooring available shall be assigned to the first such person on the list. If both nonresident noncommercial and nonresident commercial assignments are below 10% and there are both types of applicants on the waiting list, the available space shall be assigned to an applicant in the category that is the farthest below 10%. The burden of proof in determining residence and the principal use of a vessel shall be upon the applicant. Each year, persons with mooring assignments shall report to the harbor master their anticipated residency status for the next year and whether they anticipate the principal use of their boats to be commercial or noncommercial. The harbor master shall update the percentage of mooring holders in each category from this data. It is not a requirement of this section that a person lose a current mooring assignment to meet the objectives of this section. Shorefront property owners shall be assigned mooring privileges as established in section 3 . If the mooring fee charged to nonresidents exceeds $20 a year, the fee charged shall be reasonable in relation to the costs involved in providing that mooring and shall not exceed 5 times the amount charged to residents. This subsection shall be construed broadly in order to accomplish the distribution of moorings to nonresidents as specified in this section. [PL 1987, c. 655, §6 (NEW).]
38 M.R.S. § 419-D — ME Code / Title 38 / Chapter 3 / Section 419-D
38 §419-D. Synthetic plastic microbeads
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Over-the-counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 Code of Federal Regulations, Section 201.66 (2014). Such a label includes but is not limited to a drug facts panel or a statement of the active ingredients with a list of those ingredients contained in the base compound, substance or preparation. [PL 2015, c. 4, §1 (NEW).] B. "Personal care product" means any article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to any part of the human body for cleansing, beautifying, promoting attractiveness or altering the appearance, and any item intended for use as a component of any such article. "Personal care product" does not include a prescription drug. [PL 2015, c. 4, §1 (NEW).] C. "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal. [PL 2015, c. 4, §1 (NEW).] D. "Synthetic plastic microbead" means any intentionally added nonbiodegradable solid plastic particle measuring less than 5 millimeters in size and used to exfoliate or cleanse in a product intended to be rinsed off. [PL 2015, c. 4, §1 (NEW).] [PL 2015, c. 4, §1 (NEW).]

2. Prohibitions. A person may not: A. After December 31, 2017, manufacture for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads; [PL 2015, c. 4, §1 (NEW).] B. After December 31, 2018, accept for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads; [PL 2015, c. 4, §1 (NEW).] C. After December 31, 2018, manufacture for sale an over-the-counter drug that contains synthetic plastic microbeads; and [PL 2015, c. 4, §1 (NEW).] D. After December 31, 2019, accept for sale an over-the-counter drug that contains synthetic plastic microbeads. [PL 2015, c. 4, §1 (NEW).] [PL 2015, c. 4, §1 (NEW).]
38 M.R.S. § 10 — ME Code / Title 38 / Chapter 1 / Section 10
38 §10. Harbor master liability
Status: in_force

In addition to the immunities from liability and the limitations and defenses provided under the Maine Tort Claims Act, Title 14, sections 8103 , 8111 and 8112 , a harbor master who, in the performance of statutory duties as set forth in sections 4 and 5 , causes any damage to property or any injury to a person shall not be liable for damage or injury, unless the damage or injury is a direct result of the gross negligence, gross recklessness or bad faith intentional misconduct of the harbor master. [PL 1987, c. 655, §7 (AMD).]
38 M.R.S. § 343-I — ME Code / Title 38 / Chapter 2 / Section 343-I
38 §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program
Status: in_force

The Smart Tracks for Exceptional Performers and Upward Performers Program, known as "the STEP-UP Program" and referred to in this section as "the program," is established within the department and administered by the commissioner. In cooperation with program participants, the department shall establish guidelines for the program. The department shall create a contractual relationship between the commissioner and state organizations and businesses to achieve sustainability objectives, including energy and natural resources conservation. For the purposes of the program, "sustainability" means meeting the needs of the present without compromising the ability of future generations to meet their needs. The program must include a variety of sustainability tracks and goals and must be publicized at local and state levels. Beginning January 2006 and biennially thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the status of the program, progress toward meeting goals and recommended changes to improve the program. [PL 2005, c. 90, §1 (NEW).]
38 M.R.S. § 444 — ME Code / Title 38 / Chapter 3 / Section 444
38 §444. Enforcement (REALLOCATED FROM TITLE 12, SECTION 4815)
Status: in_force

(REALLOCATED FROM TITLE 12, SECTION 4815)

Any person who orders or conducts any activity in violation of a municipal ordinance adopted under this chapter is penalized in accordance with Title 30‑A, section 4452 . [PL 1991, c. 824, Pt. A, §84 (AMD).]

The Attorney General, the district attorney or municipal officers or their designee may enforce ordinances adopted under this chapter. [PL 1985, c. 481, Pt. A, §32 (RAL).]

A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in a shoreland area, as defined by section 435 , unless written authorization attesting to the validity and currency of all local permits required under this chapter has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officers and the utility, except that if a public utility, water district, sanitary district or utility company of any kind has installed services to a new structure in accordance with this paragraph, a subsequent public utility, water district, sanitary district or utility company of any kind may install services to the new structure without first receiving written authorization pursuant to this section. [PL 2001, c. 40, §2 (AMD).]
38 M.R.S. § 1283 — ME Code / Title 38 / Chapter 12-A / Section 1283
38 §1283. Interim procedures
Status: in_force

In developing a program to implement this chapter, the commissioner shall provide for interim licensing and certification procedures to ensure a transition period of not less than 180 days before the application of the requirements established in this chapter. [PL 1987, c. 448, §1-C (NEW).]
38 M.R.S. § 1162 — ME Code / Title 38 / Chapter 11 / Section 1162
38 §1162. Expansion of sanitary district boundaries
Status: in_force

A sanitary district may expand the boundaries of the sanitary district in the same manner as is provided for the formation of the sanitary district in section 1101 . [PL 1981, c. 466, §8 (NEW).]
38 M.R.S. § 1316-G — ME Code / Title 38 / Chapter 13 / Section 1316-G
38 §1316-G. Tire stockpile abatement program
Status: in_force

The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies including the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corrections. [PL 2011, c. 655, Pt. GG, §16 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Tire stockpile abatement. The department shall, as available resources allow: A. Estimate the number of tires that are stockpiled and that pose a significant risk to the environment or public health; [PL 1995, c. 578, §1 (NEW).] B. Develop a tire stockpile reduction priority plan based on environmental and public health risks; [PL 1995, c. 578, §1 (NEW).] C. Seek the cooperation and assistance of private and governmental landowners or tire stockpile operators to reduce the size and number of tire stockpiles; [PL 1995, c. 578, §1 (NEW).] D. Assist tire stockpile owners and operators willing to cooperate within the law; [PL 1995, c. 578, §1 (NEW).] E. Utilize enforcement powers unilaterally or in conjunction with the Department of the Attorney General or the Maine State Police or other parties to abate health, safety and environmental risks posed by tire stockpiles when voluntary cooperation is not provided by landowners or operators; [PL 1995, c. 578, §1 (NEW).] F. Develop or cause to be developed site-specific tire stockpile abatement plans; [PL 1995, c. 578, §1 (NEW).] G. Give preference in implementing site-specific tire stockpile abatement activities to the processing of tires for removal and beneficial use while mitigating fire risk; [PL 1995, c. 578, §1 (NEW).] H. Educate the public and encourage use of tires based on consideration of environmental and public health impacts as well as market conditions; and [PL 2007, c. 655, §12 (AMD).] I. Contract for services to reduce tire stockpiles and abate significant risk to the environment and public health at tire stockpile sites. [PL 2007, c. 655, §13 (AMD).] J. [PL 2007, c. 655, §14 (RP).] [PL 2007, c. 655, §§12-14 (AMD).]

2. Market development. The department shall, as available resources allow, assist with market development to encourage the beneficial reuse of whole tires and processed tires inside or outside the State. The department may also make recommendations to the Legislature regarding legislation that would enhance the beneficial reuse of waste tires or processed tires. [PL 2011, c. 655, Pt. GG, §17 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Business retention and new technology. The Department of Economic and Community Development, as available resources allow, shall lead a cooperative effort involving the department and the Finance Authority of Maine to identify measures the State can take to provide a favorable environment for the retention of businesses assisting in the processing of waste tires. This cooperative effort must also provide for the introduction of viable new technologies to cost-effectively convert waste tires to commodities that can be utilized for beneficial reuse and for energy production. [PL 2011, c. 655, Pt. GG, §17 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 727 — ME Code / Title 38 / Chapter 5 / Section 727
38 §727. If complaint abates, rights preserved by new complaint
Status: in_force

If a complaint referenced in section 725 or 726 is abated or defeated for want of form, or if, after a verdict for the plaintiff, judgment is reversed, the plaintiff may bring a new complaint at any time within one year and recover the damages sustained during the 3 years preceding the institution of the first complaint, or at any time afterwards. [PL 2023, c. 405, Pt. A, §139 (AMD).]
38 M.R.S. § 480-J — ME Code / Title 38 / Chapter 3 / Section 480-J
38 §480-J. Maps
Status: in_force

Maps delineating the boundaries of freshwater wetlands, significant wildlife habitat and fragile mountain areas that meet the criteria of this article shall be available at the offices of the municipality and of the regional council in which the resources are located. [PL 1987, c. 809, §2 (NEW).]
38 M.R.S. § 420-E — ME Code / Title 38 / Chapter 3 / Section 420-E
38 §420-E. Municipal storm water ordinances; transportation systems
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Adjunct facility" includes, but is not limited to, an intermodal transportation facility, freight yard, railroad station and toll facility. [PL 2015, c. 310, §1 (NEW).] B. "Commercial property" includes retail service plazas, tourist information centers and other property whose primary function is commercial activity. [PL 2015, c. 310, §1 (NEW).] C. "Transportation system" includes, but is not limited to, a roadway; bridge; bike path, sidewalk or weighing station adjacent to a roadway or bridge; railroad line; pier; port; airport; trail; and adjunct facility to move persons or goods. "Transportation system" does not include an office building, commercial property, maintenance facility or park and ride lot. [PL 2015, c. 310, §1 (NEW).] [PL 2015, c. 310, §1 (NEW).]

2. Transportation system not subject to fee or tax. The transportation system under the jurisdiction of the Department of Transportation or the Maine Turnpike Authority is not subject to any fee or tax imposed pursuant to a municipal storm water ordinance. [PL 2015, c. 310, §1 (NEW).]
38 M.R.S. § 3-A — ME Code / Title 38 / Chapter 1 / Section 3-A
38 §3-A. Mooring transfer permitted by ordinance
Status: in_force

A municipality may adopt an ordinance that allows the transfer of a mooring assignment used for commercial fishing purposes. The ordinance may permit a mooring assignment to be transferred only at the request or death of the assignee, only to a member of the assignee's family and only if the mooring assignment will continue to be used for commercial fishing purposes. For the purposes of this section, "member of the assignee's family" means an assignee's parent, child or sibling, by birth or by adoption, including a relation of the half blood, or an assignee's spouse. [PL 1993, c. 66, §1 (AMD).]
38 M.R.S. § 2202 — ME Code / Title 38 / Chapter 24 / Section 2202
38 §2202. Fees
Status: in_force

1. Fees established. The department shall establish procedures to charge fees specified in this article and pursuant to the requirements of this article. Except as provided in section 2203‑A, subsection 2‑A , all fees collected by the department under this article must be deposited into the Maine Solid Waste Management Fund. [PL 2021, c. 664, §5 (AMD).]

2. Application. [PL 2011, c. 544, §2 (RP).]

3. Payment. A person who delivers solid waste to a solid waste disposal facility shall pay all fees established under this article to the operator of the solid waste disposal facility. [PL 1993, c. 310, Pt. C, §2 (NEW).]
38 M.R.S. § 711 — ME Code / Title 38 / Chapter 5 / Section 711
38 §711. Yearly damages
Status: in_force

Such verdict or accepted report of the commissioners, and judgment thereon, shall be the measure of the yearly damages, until the owner or occupant of the lands or the owner or occupant of the mill or canal, on a new complaint to the court and by proceedings as in the former case, obtains an increase or decrease of such damages.
38 M.R.S. § 976 — ME Code / Title 38 / Chapter 7 / Section 976
38 §976. Logs or timber lodged on banks; forfeiture; advertisement
Status: in_force

Logs or other timber carried by freshets or otherwise lodged upon lands adjoining any waters are forfeited to the owner or occupant thereof, after they have so remained for 2 years, if such lands during that time were improved; otherwise, after 6 years; provided such owner or occupant, within one year after the same were found so lodged, advertises, as nearly as practicable, the number of pieces of timber, the time when lodged, together with the marks thereon and the place where found, 3 weeks successively in some newspaper in the county, if any, otherwise in the state paper.
38 M.R.S. § 1400 — ME Code / Title 38 / Chapter 13-D / Section 1400
38 §1400. Rules
Status: in_force

Subject to Title 5, chapter 375 , the department may adopt rules as it determines necessary to implement this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 538, §14 (NEW).]
38 M.R.S. § 480-AA — ME Code / Title 38 / Chapter 3 / Section 480-AA
38 §480-AA. Coastal sand dune rules
Status: in_force

Rules adopted by the board regarding development in coastal sand dune systems are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 130, §1 (NEW).]
38 M.R.S. § 1316-O — ME Code / Title 38 / Chapter 13 / Section 1316-O
38 §1316-O. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 406, §1 (NEW).]

1. Dangerous or unsafe material. "Dangerous or unsafe material" means any substance or material that is capable of or likely to cause injury, including, but not limited to: A. Pressure tanks such as propane tanks; [PL 2005, c. 406, §1 (NEW).] B. Flammable liquids or solids; and [PL 2005, c. 406, §1 (NEW).] C. Explosive materials such as dynamite or fireworks. [PL 2005, c. 406, §1 (NEW).] [PL 2005, c. 406, §1 (NEW).]
38 M.R.S. § 2181 — ME Code / Title 38 / Chapter 24 / Section 2181
38 §2181. Effect on tort claims
Status: in_force

Nothing in this chapter may be construed or understood as in any way increasing any liability that may otherwise arise or be limited under Title 14, chapter 741 . [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 570-K — ME Code / Title 38 / Chapter 3 / Section 570-K
38 §570-K. Aboveground oil storage facilities
Status: in_force

1. Definition. [PL 1993, c. 363, §16 (RP); PL 1993, c. 363, §21 (AFF).]

2. Prohibition. After July 1, 1995, a person may not operate an aboveground oil storage facility that has underground piping not constructed of cathodically protected steel, fiberglass or other noncorrosive material approved by the department. [PL 1997, c. 624, §7 (AMD); PL 1997, c. 624, §21 (AFF).]

3. Underground piping installation. All new and replacement underground piping installed on or after June 24, 1991 associated with an aboveground oil storage facility must be installed, operated, maintained and removed in accordance with sections 564 , 565 and 566‑A and all rules adopted by the board pursuant to sections 564 , 565 and 566‑A , except that, in the case of fleet fueling or retail facilities, the commissioner may approve leak detection methods other than those required under board rules when warranted by the nature and design of the facility and piping. Effective January 1, 2011, this subsection applies to underground piping installed before June 24, 1991 if the piping is associated with an aboveground tank used to store motor fuel. A. [PL 1999, c. 334, §8 (RP).] B. [PL 1999, c. 334, §8 (RP).] [PL 2005, c. 491, §2 (AMD).]

4. Exemption. The following aboveground oil storage facilities are exempt from the requirements of subsections 2 and 3 : A. Facilities or portions of facilities that are used exclusively for the storage of #2 and other home heating oil and consist of an individual tank of 660 gallons or less capacity or an aggregate tank capacity of 1320 gallons or less; and [PL 1993, c. 363, §17 (NEW); PL 1993, c. 363, §21 (AFF).] B. Facilities containing only liquefied petroleum gas or liquefied natural gas. [PL 1993, c. 363, §17 (NEW); PL 1993, c. 363, §21 (AFF).] [PL 2001, c. 605, §2 (AMD).]

5. Spill prevention and control. An aboveground oil storage facility used in the marketing and distribution of oil to others must be operated in compliance with the federal requirements for the preparation and implementation of spill prevention control and countermeasure plans under 40 Code of Federal Regulations, 112 in effect on April 17, 2003. Failure to comply with those federal requirements in accordance with the deadlines set by the United States Environmental Protection Agency constitutes a violation of this Title. If the department believes that a facility's plan does not satisfy those federal requirements, the department shall request an opinion from the United States Environmental Protection Agency as to the legal adequacy of the plan and any amendment necessary to bring the facility into compliance with those federal requirements. The department shall prepare educational and technical materials for use by facilities affected by this subsection. [PL 2015, c. 124, §7 (AMD).]
38 M.R.S. § 441 — ME Code / Title 38 / Chapter 3 / Section 441
38 §441. Code enforcement officers (REALLOCATED FROM TITLE 12, SECTION 4812-C)
Status: in_force

(REALLOCATED FROM TITLE 12, SECTION 4812-C)

1. Appointment. In every municipality, the municipal officers shall annually by July 1st appoint or reappoint a code enforcement officer, whose job may include being a local plumbing inspector or a building official and who may or may not be a resident of the municipality for which that person is appointed. The municipal officers may appoint the planning board to act as the code enforcement officer. The municipal officers may remove a code enforcement officer for cause, after notice and hearing. This removal provision only applies to code enforcement officers who have completed a reasonable period of probation as established by the municipality pursuant to Title 30‑A, section 2601 . If not reappointed by a municipality, a code enforcement officer may continue to serve until a successor has been appointed and sworn. [RR 2007, c. 2, §25 (COR).]

2. Certification; authorization by municipal officers. No person may serve as a code enforcement officer who is authorized by the municipal officers to represent the municipality in District Court unless that person is currently certified under Title 30‑A, section 4453 , as being familiar with court procedures. Upon written authorization by the municipal officers, a certified code enforcement officer may serve civil process on persons whom that officer determines to be in violation of ordinances adopted pursuant to this chapter and, if authorized by the municipal officers, may represent the municipality in District Court in the prosecution of violations of ordinances adopted pursuant to this chapter. [PL 1997, c. 296, §11 (AMD).]

3. Powers and duties. The duties of the code enforcement officer shall include the following: A. Enforce the local shoreland zoning ordinance in accordance with the procedures contained therein; [PL 1985, c. 481, Pt. A, §29 (RAL).] B. Collect a fee, if authorized by a municipality, for every shoreland permit issued by the code enforcement officer. The amount of any such fee shall be set by the municipality. The fee shall be remitted to the municipality; [PL 1985, c. 481, Pt. A, §29 (RAL).] C. Keep a complete record of all essential transactions of the office, including applications submitted, permits granted or denied, variances granted or denied, revocation actions, revocation of permits, appeals, court actions, violations investigated, violations found and fees collected; and [PL 2013, c. 320, §14 (AMD).] D. Investigate complaints of alleged violations of local land use laws. [PL 1985, c. 481, Pt. A, §29 (RAL).] [PL 2013, c. 320, §14 (AMD).]
38 M.R.S. § 410-L — ME Code / Title 38 / Chapter 3 / Section 410-L
38 §410-L. Lakes Assessment and Protection Program established
Status: in_force

The Lakes Assessment and Protection Program is established within the department to monitor and protect the health and integrity of the State's lakes. [PL 1997, c. 643, Pt. YY, §1 (NEW).]
38 M.R.S. § 99 — ME Code / Title 38 / Chapter 1 / Section 99
38 §99. Grounds for disciplinary action
Status: in_force

The commission may suspend any pilot for any period that it may consider proper and may suspend, revoke or annul any pilot's license that is issued under this subchapter, upon satisfactory proof that a pilot has willfully disobeyed or violated any of the provisions of this subchapter or any rule established by the commission; or a pilot has negligently lost or damaged any vessel under that pilot's care; or a pilot is habitually intemperate in the use of alcohol or habitually uses narcotic or hypnotic or other substances so as to be unfit to be entrusted with the charge of a vessel; or the pilot is so mentally or physically incapable as to be unfit to carry on the duties of a pilot. [PL 1999, c. 355, §20 (AMD).]
38 M.R.S. § 451 — ME Code / Title 38 / Chapter 3 / Section 451
38 §451. Enforcement generally
Status: in_force

After adoption of any classification by the Legislature for surface waters or tidal flats or sections thereof, it is unlawful for any person, firm, corporation, municipality, association, partnership, quasi-municipal body, state agency or other legal entity to dispose of any pollutants, either alone or in conjunction with another or others, in such manner as will, after reasonable opportunity for dilution, diffusion or mixture with the receiving waters or heat transfer to the atmosphere, lower the quality of those waters below the minimum requirements of such classifications, or where mixing zones have been established by the department, so lower the quality of those waters outside such zones, notwithstanding any exemptions or licenses which may have been granted or issued under sections 413 to 414‑B . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §50 (AMD).]

The department may establish a mixing zone for any discharge at the time of application for a waste discharge license. The department shall attach a description of the mixing zone as a condition of a license issued for that discharge. After opportunity for a hearing in accordance with section 345‑A , the department may establish by order a mixing zone with respect to any discharge for which a license has been issued pursuant to section 414 or for which an exemption has been granted by virtue of section 413, subsection 2 . [PL 1997, c. 794, Pt. A, §29 (AMD).]

The purpose of a mixing zone is to allow a reasonable opportunity for dilution, diffusion or mixture of pollutants with the receiving waters before the receiving waters below or surrounding a discharge will be tested for classification violations. In determining the extent of any mixing zone to be established under this section, the department may require from the applicant testimony concerning the nature and rate of the discharge; the nature and rate of existing discharges to the waterway; the size of the waterway and the rate of flow therein; any relevant seasonal, climatic, tidal and natural variations in such size, flow, nature and rate; the uses of the waterways in the vicinity of the discharge, and such other and further evidence as in the department's judgment will enable it to establish a reasonable mixing zone for such discharge. An order establishing a mixing zone may provide that the extent thereof varies in order to take into account seasonal, climatic, tidal and natural variations in the size and flow of, and the nature and rate of, discharges to the waterway. [PL 1991, c. 824, Pt. A, §85 (AMD).]

Where no mixing zones have been established by the department, it is unlawful for any person, corporation, municipality or other legal entity to dispose of any pollutants, either alone or in conjunction with another or others, into any classified surface waters, tidal flats or sections thereof, in such manner as will, after reasonable opportunity for dilution, diffusion, mixture or heat transfer to the atmosphere, lower the quality of any significant segment of those waters, tidal flats or sections thereof, affected by such discharge, below the minimum requirements of such classification, and notwithstanding any licenses which may have been granted or issued under sections 413 to 414‑B . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §50 (AMD).]

1. Time schedule. [PL 1983, c. 566, §25 (RP).]

2. Revocation, modification or suspension of licenses. [PL 1977, c. 300, §26 (RP).]
38 M.R.S. § 1104 — ME Code / Title 38 / Chapter 11 / Section 1104
38 §1104. Trustees
Status: in_force

1. Authorization. All the affairs of a sanitary district are managed by an elected board of trustees which consists of not less than 3 trustees, or not less than 5 trustees in sanitary districts involving more than one municipality or one or more municipalities and residents of an unorganized territory. The exact number of trustees is determined in accordance with section 1101 . A sanitary district may alter the number of trustees by submitting the proposed alteration to the voters in the same manner as provided in section 1101, subsection 7 . No municipality or unorganized territory within any sanitary district may have less than one trustee. A quorum of the trustees may conduct the affairs of the district even if there is a vacancy on the board of trustees. In the case of a sanitary district whose territory does not extend beyond the boundaries of a single municipality and whose territory encompasses less than the entire area of the municipality, all trustees must be residents of the municipality and a majority of the trustees must be residents within the district. A trustee who ceases to qualify for the office of trustee as a result of the application of this subsection shall vacate the office of trustee and the vacancy must be filled as provided in section 1105 . [PL 1999, c. 299, §1 (AMD).]

2. Recall. Trustees may be recalled under the following provisions. A. The qualified electors of the sanitary district may petition for the recall of any trustee after the first year of the term for which the trustee is elected by filing a petition with the municipal clerk, or the county commissioners in the case of unorganized territory, demanding the recall of the trustee. A trustee may be subject to recall for misfeasance, malfeasance or nonfeasance in office. The petition shall be signed by electors of the political subdivision which that trustee represents equal to at least 25% of the vote cast for the office of Governor at the last gubernatorial election within the political subdivision of the trustee being recalled. The recall petition shall state the reason for which removal is sought. [PL 1981, c. 466, §3 (NEW).] B. Within 3 days after the petition is offered for filing, the official with whom the petition is left shall determine by careful examination whether the petition is sufficient and so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, it shall again be carefully examined to determine sufficiency and a certificate stating the findings shall be attached. Immediately upon finding an original or amended petition sufficient, the official shall file the petition and call a special election to be held not less than 40 days nor more than 45 days from the filing date. The official shall notify the trustee, against whom the recall petition is filed, of the special election. [PL 1981, c. 466, §3 (NEW).] C. The trustee against whom the recall petition is filed is a candidate at the special election without nomination, unless the trustee resigns within 10 days after the original filing of the petition. A primary may not be held. Candidates for the office may be nominated under the usual procedure of nomination for a primary election by filing nomination papers, not later than 5 p.m., 4 weeks preceding the election and have their names placed on the ballot at the special election. [PL 2023, c. 405, Pt. A, §142 (AMD).] D. The official against whom a recall petition has been filed shall continue to perform the duties of the official's office until the result of the special election is officially declared. The person receiving the highest number of votes at the special election must be declared elected for the remainder of the term. If the incumbent receives the highest number of votes, the incumbent continues in office. If another receives the highest number of votes, that person must succeed the incumbent, if that person qualifies, within 10 days after receiving notification. [RR 2021, c. 2, Pt. B, §268 (COR).] E. After one recall petition and special election, a further recall petition may not be filed against the same official during the term for which the official was elected. [RR 2021, c. 2, Pt. B, §269 (COR).] [PL 2023, c. 405, Pt. A, §142 (AMD).]

3. Trustees retirement. Persons who have not been trustees prior to January 1, 1987, and who are not full-time employees, shall not be eligible to become members of the Maine Public Employees Retirement System as a result of their selection as trustees. [PL 1987, c. 256, §46 (RPR); PL 2007, c. 58, §3 (REV).]
38 M.R.S. § 1042 — ME Code / Title 38 / Chapter 10 / Section 1042
38 §1042. Sewer extensions; applicable to all sewer districts
Status: in_force

Sewer extensions are governed by this section. [PL 2013, c. 555, §6 (NEW).]

1. Written assurance from municipality. A sewer district may not construct any sewer extension unless it acquires from the municipal officers or the designee of the municipal officers of any municipality through which the sewer extension will pass written assurance that: A. Any development, lot or unit intended to be served by the sewer extension is in conformity with any adopted municipal plans and ordinances regulating land use; and [PL 2013, c. 555, §6 (NEW).] B. The sewer extension is consistent with adopted municipal plans and ordinances regulating land use. [PL 2013, c. 555, §6 (NEW).] If the municipal officers fail to issue a response to a written request from a sewer district for written assurance within 45 calendar days of receiving the request in writing, the written assurance is deemed granted. Not less than 7 days prior to the meeting at which the trustees will take final action on whether to proceed with the extension, the trustees of the sewer district shall publish notice of the proposed extension in a newspaper having a general circulation that includes all municipalities through which the sewer extension will pass. [PL 2013, c. 555, §6 (NEW).]

2. Review of municipal decision; applicable to all sewer districts. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to subsection 1 , an aggrieved party may appeal, within 15 days of the decision, to the Department of Agriculture, Conservation and Forestry for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter 4 , the following procedures apply to the review by the Department of Agriculture, Conservation and Forestry. A. The Department of Agriculture, Conservation and Forestry may request any additional information from the sewer district, the municipality or the department. All information requested must be submitted within 30 days of the request, unless an extension is granted by the Department of Agriculture, Conservation and Forestry. [PL 2013, c. 555, §6 (NEW).] B. Within a reasonable time, the Department of Agriculture, Conservation and Forestry shall hold a hearing. The Department of Agriculture, Conservation and Forestry shall give at least 7 days' written notice of the hearing to the sewer district, the municipality and the party that requested the hearing. The hearing is informal and the Department of Agriculture, Conservation and Forestry may receive any information it considers necessary. [PL 2013, c. 555, §6 (NEW).] C. Within 15 days of the hearing and within 60 days of the request for review, the Department of Agriculture, Conservation and Forestry shall make a decision that must include findings of fact on whether the sewer extension proposal is inconsistent with adopted municipal plans and ordinances regulating land use. The decision of the Department of Agriculture, Conservation and Forestry constitutes final agency action. [PL 2013, c. 555, §6 (NEW).] D. Notwithstanding section 1 , if the Department of Agriculture, Conservation and Forestry determines that the sewer extension proposal is not inconsistent with adopted municipal plans and ordinances regulating land use, the Department of Agriculture, Conservation and Forestry shall issue written assurance that the proposal is consistent with adopted municipal plans and ordinances regulating land use and the sewer district may construct the sewer extension. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 7 and specifically provides that this subsection or former section 1252, subsection 7 does not apply. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 2123-A — ME Code / Title 38 / Chapter 24 / Section 2123-A
38 §2123-A. State plan contents
Status: in_force

The state plan includes the following elements. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

1. Waste characterization. The state plan must be based on a comprehensive analysis of solid waste generated, recycled and disposed of in the State. Data collected must include, but not be limited to, the source, type and amount of waste currently generated; and the costs and types of waste management employed including recycling, composting, landspreading, incineration or landfilling. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Waste reduction and recycling assessment. The state plan must include an assessment of the extent to which waste generation could be reduced at the source and the extent to which recycling can be increased. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

3. Determination of existing and potential disposal capacity. The state plan must identify existing solid waste disposal and management capacity within the State and the potential for expansion of that capacity. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

4. Projected demand for capacity. The state plan must identify the need in the State for current and future solid waste disposal capacity by type of solid waste, including identification of need over the next 5-year, 10-year and 20-year periods. [PL 1995, c. 465, Pt. A, §36 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 349-N — ME Code / Title 38 / Chapter 2 / Section 349-N
38 §349-N. Incentives
Status: in_force

Subject to section 349‑Q , and notwithstanding any other provision of law relating to penalties, the department may adjust or mitigate penalties for violations of environmental requirements in accordance with this section. [PL 2011, c. 304, Pt. A, §1 (NEW).]

1. No gravity-based penalties. If the department determines that a regulated entity satisfies all of the conditions of section 349‑O , the department may not impose in any administrative proceeding or seek in any civil action any gravity-based penalty for a violation that is discovered and disclosed by the regulated entity. [PL 2011, c. 304, Pt. A, §1 (NEW).]

2. Reduction of gravity-based penalties by 75%. If the department determines that the regulated entity satisfies the conditions of section 349‑O, subsections 2 to 9 , the department shall reduce by 75% gravity-based penalties that would otherwise be associated with violations discovered and disclosed by the regulated entity. [PL 2011, c. 304, Pt. A, §1 (NEW).]

3. No recommendation for criminal prosecution. If the department determines that the regulated entity satisfies the conditions of section 349‑O, subsections 2 to 9 , the department may not recommend that criminal charges be brought against the regulated entity if the department determines that the violation is not part of a pattern or practice that demonstrates or involves: A. A prevalent management philosophy or practice that conceals or condones environmental violations; or [PL 2011, c. 304, Pt. A, §1 (NEW).] B. High-level corporate officials' or managers' conscious involvement in, or willful blindness to, violations of state or federal environmental laws. [PL 2011, c. 304, Pt. A, §1 (NEW).] Whether or not the department recommends the regulated entity for criminal prosecution under this section, the department may recommend for prosecution the criminal acts of individual managers or employees under existing policies guiding the exercise of enforcement discretion. [PL 2011, c. 304, Pt. A, §1 (NEW).]

4. No routine request for environmental audit reports. The department may not request an environmental audit report in connection with a routine inspection of a regulated entity. If the department has reason to believe that a violation by a regulated entity of an environmental requirement has occurred, the department may seek any information relevant to identifying violations or determining liability or the extent of harm resulting from the violation. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 1723 — ME Code / Title 38 / Chapter 17 / Section 1723
38 §1723. Transfer of property and assets
Status: in_force

When the territory of a municipality falls within a disposal district which has been issued its certificate of organization and has assumed the management of and responsibility for disposal services within its territorial limits, the directors of the disposal district shall determine what disposal property or properties, if any, owned by any municipality within the disposal district shall be necessary to carry on the functions of the disposal district and shall request in writing that the municipal officers of any municipality within the disposal district convey title to the disposal property to the disposal district and the municipal officers shall make the conveyance. The disposal district shall pay fair compensation for the property or properties. Any request by the directors of the district shall be made in writing within 2 years of the date of the certificate of organization or the effective date on which a new member joins the district, whichever is appropriate, and shall be limited to facilities existing as of the date of the certificate of organization or the effective date on which a new member joins the district, whichever is appropriate. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 3114 — ME Code / Title 38 / Chapter 33 / Section 3114
38 §3114. Beverage Container Enforcement Fund
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Creation. The Beverage Container Enforcement Fund, referred to in this section as "the fund," is created under the jurisdiction and control of the department. [PL 2015, c. 166, §14 (NEW).]

2. Sources of money. The fund consists of the following: A. Fees for issuance of licenses and license renewals under section 3113 ; [PL 2015, c. 166, §14 (NEW).] B. (TEXT EFFECTIVE UNTIL 7/15/26) (TEXT REPEALED 7/15/26) Fees for registration of beverage container labels and registration renewals under section 3105, subsection 5 . This paragraph is repealed July 15, 2026; [PL 2025, c. 241, §16 (AMD).] B-1. The annual fee paid by the commingling cooperative pursuant to section 3107, subsection 3‑B, paragraph G ; and [PL 2023, c. 482, §35 (NEW).] C. All other money appropriated or allocated for inclusion in the fund. [PL 2015, c. 166, §14 (NEW).] [PL 2025, c. 241, §16 (AMD).]

3. Application of fund. The department may combine administration and inspection responsibilities of other programs it administers with administration and enforcement responsibilities under this chapter for efficiency purposes, except that money in the fund may be used to fund only the portion of staff time devoted to administration and enforcement activities under this chapter as well as for any other activities or purposes related to the administration and enforcement of this chapter or otherwise consistent with the intent of section 3101 . [PL 2023, c. 482, §36 (AMD).]

4. Revolving fund. The fund is a nonlapsing, revolving fund. All money in the fund must be continuously applied by the department to carry out the administrative and enforcement responsibilities of the department under this chapter. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 1872 — ME Code / Title 38 / Chapter 20-B / Section 1872
38 §1872. Action plan to protect State's inland waters
Status: in_force

The task force shall also recommend to the department an action plan to protect the State's inland waters from invasive aquatic plants and nuisance species. That plan may include, but is not limited to: [PL 2013, c. 300, §18 (AMD).]

1. Identification of inland waters known to be infested. Identification of inland waters of the State that are known to be infested with invasive aquatic plants and nuisance species; [PL 2001, c. 434, Pt. B, §2 (NEW).]

2. Vulnerability assessment. Recommendations on conducting a preliminary vulnerability assessment of the State's largest inland waters to identify the largest inland waters in the State most at risk of infestation by invasive aquatic plants and nuisance species. That assessment may include such factors as the proximity of the inland water body to other infested waters, proximity of major transportation routes, presence of a public watercraft launch, use of the inland water body by transient boaters, the number of lakefront property owners and other factors as the commissioner may determine to be appropriate. The assessment also must identify the most probable vectors or pathways of introduction of invasive aquatic plants and nuisance species and identify those inspection locations most likely to result in identification and prevention of new introductions; [PL 2001, c. 434, Pt. B, §2 (NEW).]

3. Lake monitoring program. Recommendations on a program to monitor inland waters in the State for new introductions of invasive aquatic plants and nuisance species, including recommendations on implementing that program and methods to provide for the periodic inspection of inland waters for new introductions of invasive aquatic plants and nuisance species, particularly in areas close to public watercraft launch facilities; [PL 2001, c. 434, Pt. B, §2 (NEW).]

4. Response program. Recommendations on a response program to deal with new introductions of invasive aquatic plants and nuisance species in inland waters in the State; and [PL 2001, c. 434, Pt. B, §2 (NEW).]

5. Training and public information materials. Recommendations on the development and distribution of training materials and public information materials for use by the public, lake monitors and persons authorized to inspect boats for invasive aquatic plants and nuisance species. [PL 2001, c. 434, Pt. B, §2 (NEW).]
38 M.R.S. § 480-G — ME Code / Title 38 / Chapter 3 / Section 480-G
38 §480-G. Periodic review of delegated authority
Status: in_force

If the board finds that a municipality has failed to satisfy one or more of the criteria listed in section 480‑F , the board shall notify the municipality accordingly and make recommendations through which it may establish compliance. The municipality may then submit a modified application for approval. [PL 1987, c. 809, §2 (NEW).]

If, at any time, the board determines that a municipality may be failing to exercise its permit- granting authority in accordance with its approval procedures or the purposes of this article, the board shall notify the municipality of the specific alleged deficiencies and shall order a public hearing of which adequate public notice shall be given to be held in the municipality to solicit public or official comment on the alleged deficiencies. Following the hearing, if the board finds such deficiencies, the board shall revoke the municipality's permit-granting authority. The municipality may reapply for authority at any time. [PL 1987, c. 809, §2 (NEW).]
38 M.R.S. § 1067 — ME Code / Title 38 / Chapter 11 / Section 1067
38 §1067. Reimbursement of costs to municipalities
Status: in_force

Any municipality or municipalities which fall within a sanitary district formed under this Act shall be entitled to reimbursement from said sanitary district when the sanitary district is in a position to reimburse said costs. The term "costs" as used in this section shall include but shall not be limited to the following cost of preparation of an engineering study or studies; legal costs with relation to the application and presentation of any application for the formation of a sanitary district; other engineering costs that may not be included in a study; costs for financial advice; administrative expense and such other expense as may be necessary or incident to the action of any municipality under this Act. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 402 — ME Code / Title 38 / Chapter 3 / Section 402
38 §402. Research
Status: in_force

The Division of Geology, Natural Areas and Coastal Resources, in cooperation with the Department of Environmental Protection, is authorized to conduct research and studies to determine recharge and cleansing rates of groundwater in different sand and gravel and bedrock formations. [PL 2013, c. 405, Pt. C, §21 (AMD).]

The Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry in cooperation with other agencies as appropriate shall conduct a 3-year program to assess the impact of agricultural practices and chemicals on groundwater quality in selected agricultural areas and selected aquifers. The program must evaluate the extent and level of contamination associated with pesticide use, the mechanisms by which pesticides move through the soil and into groundwater supplies, the synergistic effects of these substances and their persistence in groundwater. [PL 2013, c. 405, Pt. C, §21 (AMD).]

The survey shall report annually its progress to the joint standing committee of the Legislature having jurisdiction over natural resources. [PL 1985, c. 465, §2 (NEW).]
38 M.R.S. § 351 — ME Code / Title 38 / Chapter 2 / Section 351
38 §351. Maine Environmental Protection Fund
Status: in_force

The Maine Environmental Protection Fund, referred to in this subchapter as "the fund," is established as a nonlapsing fund to supplement licensing programs administered by the Department of Environmental Protection. Except as otherwise provided in this section, all fees established under this subchapter must be credited to the fund, and administrative expenses directly related to licensing programs must be charged to the fund. [PL 2011, c. 653, §8 (AMD); PL 2011, c. 653, §33 (AFF).]

All fees related to metallic mineral mining applications and permits under section 352, subsection 4‑A must be credited to the Metallic Mining Fund, Other Special Revenue Funds account, which is established as a subaccount of the Maine Environmental Protection Fund to provide for prompt and effective planning, oversight and implementation of metallic mineral mining operations. [PL 2011, c. 653, §9 (NEW); PL 2011, c. 653, §33 (AFF).]

Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities under its licensing programs shall be deposited with the Treasurer of State to the credit of the fund and may be invested in as provided by statute. Interest on these investments shall be credited to the fund. [PL 1983, c. 574, §1 (NEW).]

Allowable expenditures include Personal Services, All Other and Capital Expenditures associated with prelicense or permit activities such as application reviews, public hearings and appeals, the actual license or permit processing activities and associated post-license or permit compliance activities required to assure continued licensee or permittee compliance and enforcement activities as a result of license or permit noncompliance. [PL 2019, c. 343, Pt. WW, §1 (AMD).]

The commissioner may, subject to the approval of the Governor, apply for, accept on behalf of the State and deposit to the fund funds, grants, bequests, gifts or contributions from any person, corporation or governmental entity. The funds must be expended consistent with the purposes of the department as established in section 341‑A . [PL 2019, c. 343, Pt. WW, §2 (AMD).]
38 M.R.S. § 3116 — ME Code / Title 38 / Chapter 33 / Section 3116
38 §3116. Denial of redemption center license
Status: in_force

1. Denial of application. The department shall notify an applicant denied a license for a redemption center of the reasons for the denial. Written notification must be sent to the mailing address given by the applicant in the application for a redemption center license. [PL 2015, c. 166, §14 (NEW).]

2. Aggrieved applicants. An applicant aggrieved by a decision made by the department may appeal the decision to the board in accordance with section 344, subsection 2‑A or by filing an appeal with the Superior Court and serving a copy of the appeal upon the department in accordance with the Maine Rules of Civil Procedure, Rule 80C. The appeal to the board or to the Superior Court must be filed and served within 30 days of the mailing of the department's decision. [PL 2019, c. 526, §12 (AMD).]
38 M.R.S. § 480-FF — ME Code / Title 38 / Chapter 3 / Section 480-FF
38 §480-FF. Notification of identification; shorebird nesting, feeding and staging areas
Status: in_force

If an area is identified by the Department of Inland Fisheries and Wildlife as the type of area listed in section 480‑B, subsection 10, paragraph B , subparagraph (3) after the effective date of this section, the department shall notify each municipality in which the significant wildlife habitat is located and members of the Legislature who represent residents of the municipality in which the significant wildlife habitat is located. The department and the Department of Inland Fisheries and Wildlife shall report to the joint standing committees of the Legislature having jurisdiction over natural resources matters and inland fisheries and wildlife matters on any action taken pursuant to this section. [PL 2007, c. 533, §1 (AMD).]
38 M.R.S. § 570-L — ME Code / Title 38 / Chapter 3 / Section 570-L
38 §570-L. Budget approval; aboveground tanks program
Status: in_force

This section establishes a budget process for expenses of the State Fire Marshal and the Clean-up and Response Fund Review Board. [PL 2015, c. 319, §39 (AMD).]

1. Clean-up and Response Fund Review Board. The chair of the Clean-up and Response Fund Review Board shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraph L . The budget must be submitted in accordance with Title 5, sections 1663 to 1666 . [PL 2015, c. 319, §39 (AMD).]

2. State Fire Marshal. The State Fire Marshal shall submit budget recommendations for disbursement from the fund in accordance with section 551, subsection 5, paragraph M . The budget must be submitted at the time the State Fire Marshal's budget is otherwise presented. [PL 2015, c. 319, §39 (AMD).]
38 M.R.S. § 3007 — ME Code / Title 38 / Chapter 31 / Section 3007
38 §3007. Notice
Status: in_force

1. Provision of copy. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to: A. Each person who signed the covenant; [PL 2005, c. 370, §1 (NEW).] B. Each person holding a recorded interest in the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] C. Each person in possession of the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] D. Each municipality or other unit of local government in which real property subject to the covenant is located; and [PL 2005, c. 370, §1 (NEW).] E. Any other person the agency requires. [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

2. Effect of failure to provide copy. The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 979 — ME Code / Title 38 / Chapter 7 / Section 979
38 §979. Saco River or tributaries
Status: in_force

If any boom on the Saco River, or any of the waters connected therewith, is so placed or constructed as to prevent the free and usual passage of timber down the river, the owner or occupant thereof, at the owner's or occupant's own expense, shall release and turn out the timber so detained, when requested to do so by the owner thereof, if it can be done with safety. If, for 2 days after request, the owner or occupant of the boom neglects or refuses to do so, the owner or occupant of the boom is liable to the owner of the timber in a civil action for all damages sustained by the owner of the timer. [RR 2021, c. 2, Pt. B, §264 (COR).]
38 M.R.S. § 124 — ME Code / Title 38 / Chapter 1 / Section 124
38 §124. Unlawful disposal or taking of ballast
Status: in_force

The master of any vessel who shall throw overboard ballast in any road, port or harbor commits a civil violation for which a forfeiture of $60 may be adjudged. Any person who shall take any stone or other ballast from any island, beach or other land, without consent of the owner shall be liable for a civil penalty not to exceed $7 for each violation, to be recovered in a civil action, 1/2 to the person bringing the action and 1/2 for the town where the violation is committed. [PL 1977, c. 696, §335 (RPR).]
38 M.R.S. § 1608 — ME Code / Title 38 / Chapter 16 / Section 1608
38 §1608. Ozone-depleting products
Status: in_force

After January 1, 1992, no person may sell or offer for sale in this State the following ozone-depleting products: [PL 1991, c. 11 (NEW).]

1. Cleaning sprays. CFC cleaning sprays for noncommercial or nonindustrial usage in cleaning electronic and photographic equipment; [PL 1991, c. 11 (NEW).]

2. Fire extinguishers. Hand-held halon fire extinguishers for residential use; and [PL 1991, c. 11 (NEW).]

3. Party streamers and noisemakers. Party streamers and noisemakers in aerosol containers that contain CFC. [PL 1991, c. 11 (NEW).]

For purposes of this section, "CFC" has the same meaning as in section 1606 . [PL 1991, c. 11 (NEW).]
38 M.R.S. § 1159 — ME Code / Title 38 / Chapter 11 / Section 1159
38 §1159. Inspection of sewers
Status: in_force

The officers or agents of each sanitary district formed under this chapter shall have free access to all premises served by its sewers, at all reasonable hours, for inspection of plumbing and sewage fixtures, to ascertain the quality and quantity of sewage discharged and the manner of discharge, and to enforce this chapter and the rules and regulations prescribed by the trustees of the district. [PL 1979, c. 541, Pt. A, §273 (AMD).]
38 M.R.S. § 1205 — ME Code / Title 38 / Chapter 11 / Section 1205
38 §1205. Lien for unpaid assessments
Status: in_force

All assessments made under section 1203 create a lien upon each and every lot or parcel of land so assessed and the buildings upon the same. The lien takes effect when the trustees file with the clerk of the district the completed assessment, and continues for one year thereafter. Within 10 days after the date of hearing on the assessment, the clerk of the district shall make out a list of all such assessments, the amount of each, and the name of the person against whom the same is assessed, and the clerk of the district shall certify the list and deliver it to the treasurer of the district. If an assessment is not paid within 3 months from the date thereof, the treasurer may bring a civil action for the collection of that assessment in the name of the district against the person against whom the assessment is made and for the enforcement of the lien. The complaint in such action must contain a statement of such assessment, a description of the real estate against which the assessment is made, and an allegation that a lien is claimed on that real estate to secure the payment of the assessment. If service is not made upon the defendant or it appears that any other persons are interested in such real estate, the court shall order such further notice of such action as appears proper, and shall allow such other persons to become parties thereto. If it appears upon trial of such action that such assessment was legally made against the real estate, and is unpaid, and that there is an existing lien on that real estate for the payment of such assessment, judgment must be rendered for such assessment, interest and costs of suit against the defendants and against the real estate upon which the assessment was made, and execution must issue thereon to be enforced by sale of such estate in the manner provided for a sale on execution of real estate attached on original process. In making such a sale the officer shall follow the procedure in selling and conveying, and there are the same rights of redemption, as provided in Title 36, section 941. [RR 2021, c. 2, Pt. B, §280 (COR).]
38 M.R.S. § 1734 — ME Code / Title 38 / Chapter 17 / Section 1734
38 §1734. Condemnation proceedings
Status: in_force

Each disposal district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1732 , shall file in the office of the county commissioners of the county in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district is not liable for any acts which would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title shall not vest in the district until payment for the property. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1479 — ME Code / Title 38 / Chapter 14-A / Section 1479
38 §1479. Legislative approval of facilities required
Status: in_force

A low-level radioactive waste disposal or storage facility may not be established in the State, unless the Legislature has, by Private and Special Act, approved the establishment of that facility. The Legislature shall act expeditiously after a decision by the United States Nuclear Regulatory Commission to approve a facility, but may not act until after the conclusion of any judicial review of the decision and any resulting administrative proceedings. [PL 1995, c. 642, §17 (AMD).]

Approval under this section does not replace any other license required by law and is in addition to the voter approval required by section 1493 . [PL 1995, c. 642, §17 (AMD).]
38 M.R.S. § 1666 — ME Code / Title 38 / Chapter 16-B / Section 1666
38 §1666. Household hazardous waste exemption
Status: in_force

A person who uses mercury-added products in that person's home is not subject to the provisions of section 1663 or 1664 until January 1, 2005 with respect to those products the person uses in that person's home and is not subject to fines or penalties for noncompliance with the provisions of section 1663 or 1664 with respect to those products the person uses in that person's home. [PL 1999, c. 779, §2 (NEW).]
38 M.R.S. § 2175-A — ME Code / Title 38 / Chapter 24 / Section 2175-A
38 §2175-A. Property value offset
Status: in_force

Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the bureau for loss in property value directly attributable to the construction and operation of the facility. The bureau shall adopt rules to establish the formula and procedure for reimbursement, including, without limitation, definition of the impact area, a process for establishing baseline real estate values, a time frame within which the property value offset program will be in effect and an accounting of real estate trends in the area. [PL 2011, c. 655, Pt. GG, §56 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1905 — ME Code / Title 38 / Chapter 21 / Section 1905
38 §1905. Maine Coastal Barrier Resources System Maps
Status: in_force

1. Maps; coastal barriers identified. Maine's coastal barriers are identified on maps, available for public review, at the Department of Agriculture, Conservation and Forestry, Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey office in Augusta. They are referred to as the Maine Coastal Barrier Resources Systems and are numbered consistent with the United States Coastal Barriers Resource Act. [PL 2013, c. 405, Pt. C, §24 (AMD).]

2. Maps filed in county registry of deeds. As soon as practicable after the enactment of this chapter, the maps referred to in subsection 1 , shall be filed, in the appropriate county registry of deeds. [PL 1985, c. 794, Pt. A, §11 (NEW).]

3. Copies of maps provided to agencies. As soon as practicable after the date of enactment of this chapter, the Commissioner of Conservation shall provide copies of the maps, referred to in subsection 1 , and a summary of this legislation to: A. The chief elected official of each community in which a system is located; [PL 1985, c. 794, Pt. A, §11 (NEW).] B. All state agencies responsible for planning and managing coastal resources; [PL 1985, c. 794, Pt. A, §11 (NEW).] C. State agencies responsible for administering state funding programs affected by the prohibitions of this chapter; and [PL 1985, c. 794, Pt. A, §11 (NEW).] D. Coastal regional planning agencies. [PL 1985, c. 794, Pt. A, §11 (NEW).] [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 1606-A — ME Code / Title 38 / Chapter 16 / Section 1606-A
38 §1606-A. Wheel weights
Status: in_force

1. Tire service. Beginning January 1, 2011, when replacing or balancing a tire on a motor vehicle required to be registered under Title 29‑A, chapter 5 , a person may not use a wheel weight or other product for balancing motor vehicle wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product. [PL 2009, c. 125, §1 (NEW).]

2. Sales ban. Except as provided in subsection 3 , beginning January 1, 2011, a person may not sell or offer to sell or distribute weights or other products for balancing motor vehicle wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product. [PL 2009, c. 125, §1 (NEW).]

3. New motor vehicles. Beginning January 1, 2012, a person may not sell a new motor vehicle that is equipped with a weight or other product for balancing motor vehicle wheels if the weight or other balancing product contains lead or mercury that was intentionally added during the manufacture of the product. For purposes of this subsection, "new motor vehicle" means a motor vehicle that is required to be registered under Title 29‑A, chapter 5 that has not been previously sold to any person except a distributor, wholesaler or motor vehicle dealer for resale. [PL 2009, c. 125, §1 (NEW).]
38 M.R.S. § 1025 — ME Code / Title 38 / Chapter 9 / Section 1025
38 §1025. Recording of documents; compensation to officers
Status: in_force

The application provided for in section 1022 , with the notice and proceedings thereon and the license granted, must be recorded in the town and a copy provided to the Commissioner of Marine Resources by the applicant. Reasonable compensation must be paid by the applicant to the municipal officers for their services and expenses and to the clerk for recording, and if license is granted, $5 additional must be paid by the applicant to the town. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §210 (AMD).]
38 M.R.S. § 547 — ME Code / Title 38 / Chapter 3 / Section 547
38 §547. Emergency proclamation; Governor's powers
Status: in_force

Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, the Governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the State. If the Governor is temporarily absent from the State or is otherwise unavailable, the next person in the State who would act as Governor if the office of Governor were vacant shall, by proclamation, declare the fact and that an emergency exists in any or all sections of the State. A copy of the proclamation must be filed with the Secretary of State. The Governor shall have general direction and control of the department and shall be responsible for carrying out the purposes of this subchapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §113 (AMD).]

In the event of an oil spill emergency, the commissioner shall represent the Governor in all direct abatement, clean-up and resource protection activities in coordination with federal, industry and other states' response teams in accordance with Title 37‑B, section 742, subsection 3 . [PL 1991, c. 454, §7 (NEW).]

In performing the duties under this subchapter, the Governor is authorized and directed to cooperate with all departments and agencies of the Federal Government, with the offices and agencies of other states and foreign countries, and the political subdivisions thereof, and with private agencies in all matters pertaining to a disaster or catastrophe. [RR 2021, c. 2, Pt. B, §243 (COR).]

In performing the duties under this subchapter, the Governor is further authorized and empowered: [RR 2021, c. 2, Pt. B, §244 (COR).]

1. Orders, rules and regulations. To make, amend and rescind the necessary orders, rules and regulations to carry out this subchapter within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions. [RR 2021, c. 2, Pt. B, §241 (COR).]

2. Delegation of authority. To delegate any authority vested in the Governor under this subchapter, and to provide for the subdelegation of any such authority. Whenever the Governor is satisfied that an emergency no longer exists, the Governor shall terminate the proclamation by another proclamation affecting the sections of the State covered by the original proclamation, or any part thereof. The proclamation must be published in such newspapers of the State and posted in such places as the Governor, or the person acting in that capacity, considers appropriate. [RR 2021, c. 2, Pt. B, §242 (COR).]

3. Emergency management. The provisions of Title 37‑B, chapter 13 , as they apply to eminent domain and compensation, mutual aid, immunity, aid in emergency, right of way, enforcement and compensation, apply to disasters or catastrophes proclaimed by the Governor under this subchapter. [PL 2013, c. 462, §13 (AMD).]
38 M.R.S. § 3009 — ME Code / Title 38 / Chapter 31 / Section 3009
38 §3009. Duration; amendment by court action
Status: in_force

1. Perpetual duration. An environmental covenant is perpetual unless it is: A. By its terms limited to a specific duration or terminated by the occurrence of a specific event; [PL 2005, c. 370, §1 (NEW).] B. Terminated by consent pursuant to section 3010 ; [PL 2005, c. 370, §1 (NEW).] C. Terminated pursuant to subsection 2 ; [PL 2005, c. 370, §1 (NEW).] D. Terminated by operation of other laws of this State governing priority of interests; or [PL 2005, c. 370, §1 (NEW).] E. Terminated or modified in an eminent domain proceeding, but only if: (1) The agency that signed the covenant is a party to the proceeding; (2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and (3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment. [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

2. Intended benefits can no longer be realized. If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. [PL 2005, c. 370, §1 (NEW).]

3. Extinguished, limited or impaired. Except as otherwise provided in subsections 1 and 2 , an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine. [PL 2005, c. 370, §1 (NEW).]

4. Laws governing marketable title and dormant mineral interests. An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 580-C — ME Code / Title 38 / Chapter 3-B / Section 580-C
38 §580-C. Construction; absence of limitation
Status: in_force

Nothing in this chapter may be construed to limit: [PL 2007, c. 317, §17 (NEW).]

1. Withdrawal by State. The ability of this State to withdraw from the regional greenhouse gas initiative; or [PL 2007, c. 317, §17 (NEW).]

2. Categories of carbon dioxide emissions offset projects. The categories of carbon dioxide emissions offset projects that may qualify under agreements among the states and jurisdictions participating in the regional greenhouse gas initiative, particularly with respect to additional categories that take advantage of the geographical, economic or natural resources of this State. [PL 2007, c. 317, §17 (NEW).]
38 M.R.S. § 1154 — ME Code / Title 38 / Chapter 11 / Section 1154
38 §1154. Appeal
Status: in_force

If a person sustaining damages by any taking by a sanitary district under section 1153 does not agree with the district upon the sum to be paid therefor, either party, upon petition to the county commissioners of the county in which the property is located, may have the damages assessed by them; the procedure and all subsequent proceedings and right of appeal thereon must be had under the same restrictions, conditions and limitations as are or may be by law prescribed in the case of damages by the laying out of highways by the county commissioners, except only: [PL 2021, c. 293, Pt. B, §13 (RPR).]

1. Title not vested until payment. Title to the lands, real estate, easements or interests therein and other property and rights to be taken do not vest in the district until payment to the owner of the amount awarded therefor or, if such payment is refused upon tender, until tender thereof to the treasurer of the county in which lands and interests are located, for escrow at interest for the benefit of the owner pending final determination of the amount to which the owner is entitled; and [PL 2021, c. 293, Pt. B, §13 (NEW).]

2. Appeal. In the event of an appeal of the amount awarded as damages for such a taking: A. The petition for assessment of damages must be filed with the clerk of the county commissioners, by either party, within 30 days following the filing and recording of plans of the location of all the property, facilities and rights taken; and [PL 2021, c. 293, Pt. B, §13 (NEW).] B. If the return of the county commissioners has not been made within 120 days following the filing of the petition for assessment, the county commissioners must be conclusively presumed to have confirmed the award of damages by the district and either party may, within 30 days following that 120-day period, appeal the amount of the damages awarded by the district to the Superior Court. [PL 2021, c. 293, Pt. B, §13 (NEW).] [PL 2021, c. 293, Pt. B, §13 (NEW).]
38 M.R.S. § 490-EE — ME Code / Title 38 / Chapter 3 / Section 490-EE
38 §490-EE. Transfer of ownership or operation; review before expansion; fees
Status: in_force

1. Review before expansion. Before expanding a quarry beyond an area that exceeds a total of 10 acres of reclaimed and unreclaimed land and before each additional 10-acre expansion, the owner or operator shall notify the regulator of the owner's or operator's intent to expand and must request an inspection. In the same manner as prescribed in section 344‑B , the department shall publish a timetable for responding to inspection requests and shall inspect the site within that time period to determine the quarry's compliance with this article and other applicable laws administered by the department. The department may defer an inspection for a reasonable period when winter conditions at the site prevent the department from evaluating an expansion request. The department shall notify the owner or operator of a deferral under this section. Excavation activities may continue after the filing of a notice of an intent to expand. The failure of a regulator to conduct a site visit within a published time period is not a sufficient basis for a stop-work order under section 490‑BB, subsection 1 . At the time of filing a notification of intent to expand, the owner or operator shall pay any fee required by this section. [PL 1995, c. 700, §35 (NEW).]

2. Transfer of ownership or operation. A person who purchases a quarry that is operated under a notice of intent to comply, as established under section 490‑Y , or who obtains operating authority of a quarry that operates under a notice of intent to comply must file within 2 weeks after the purchase or the obtaining of operating authority a notice of intent to comply on a form developed by the department. The new owner or operator may operate the quarry during this 2-week period without having filed a notice of intent to comply if the new owner or operator complies with all standards of this article. [PL 1995, c. 700, §35 (NEW).]

3. Fees. The owner or operator of a quarry shall pay the regulator: A. An initial fee of $250 upon filing a notice of intent to comply under section 490‑Y ; [PL 1995, c. 700, §35 (NEW).] B. By March 1st of each year, an annual fee of: (1) Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and (2) One hundred dollars for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year; [PL 2005, c. 158, §16 (AMD).] C. A fee of $250 for each variance requested under section 490‑CC , except for the following: (1) A fee of $500 for a variance to excavate below the seasonal high water table; (2) A fee of $500 for a variance to create an externally drained quarry; (3) A fee of $125 for a variance to waive the topsoil salvage requirement; and (4) A fee of $125 for a variance to waive the monitoring requirements for airblasts and ground vibration; and [PL 1997, c. 364, §24 (AMD).] D. A fee of $250 upon filing a notice of intent to expand under this section. [PL 1995, c. 700, §35 (NEW).] Notwithstanding any other provision of this subsection, the total for all fees paid under paragraphs A and B for one quarry in one calendar year may not exceed $350. [PL 2005, c. 158, §16 (AMD).]

All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C . [PL 2003, c. 673, Pt. GG, §3 (NEW).]
38 M.R.S. § 1316-L — ME Code / Title 38 / Chapter 13 / Section 1316-L
38 §1316-L. Management of motor vehicle tires
Status: in_force

1. Disposal, storage and processing. A person may not dispose of, store or process, or cause to be disposed of, stored or processed, used motor vehicle tires at a site or facility in this State that: A. Is an uncontrolled tire stockpile that is the subject of an administrative order of the commissioner pursuant to section 1316‑A ; or [PL 1995, c. 579, §5 (NEW).] B. Is unlicensed, unless the facility is exempt from licensing or otherwise authorized under state law to dispose of, store or process such tires. [PL 1995, c. 579, §5 (NEW).] [PL 1995, c. 579, §5 (NEW).]

2. Transfer to tire transporter. A person may not transfer custody or possession of scrap tires to any transporter if that person knows or has reason to believe the transporter: A. Does not have a license or permit to transport scrap tires as required by department rules; [PL 1995, c. 579, §5 (NEW).] B. Does not have a manifest documenting the transport of such tires as required by department rules; or [PL 1995, c. 579, §5 (NEW).] C. Will transport or handle the scrap tires in violation of this subchapter or of subchapter II‑A or rules adopted pursuant to section 1304 . [PL 1995, c. 579, §5 (NEW).] [PL 1995, c. 579, §5 (NEW).]

The department shall maintain current lists of uncontrolled tire stockpiles, licensed and authorized tire storage, disposal or processing facilities and transporters licensed or authorized to transport scrap tires. [PL 1995, c. 579, §5 (NEW).]
38 M.R.S. § 993 — ME Code / Title 38 / Chapter 8 / Section 993
38 §993. St. Croix International Waterway boundaries established
Status: in_force

The boundaries for the St. Croix International Waterway shall be on the Maine side, commencing 250 feet from the high watermark at the northern end of the bridge over Lewis Cove in Perry, Maine; thence by a straight line in a northeasterly direction toward the easternmost point of Navy Island to the International Boundary; thence in a northerly direction along the International Boundary to the monument on Monument Brook; thence southerly along the United States side of Monument Brook 250 feet from the high watermark continuing southward along Monument Brook to North Lake and southward along the shores of North Lake, The Thoroughfare, Grand Lake, Mud Lake and Spednick Lake; and thence southerly 250 feet above the high watermark along the United States side of the St. Croix River to the place of beginning being 250 feet from the high watermark at the northern end of the bridge over Lewis Cove in Perry, Maine; and shall be established on the New Brunswick side, by the Province of New Brunswick by their own action, commencing 200 feet from the high watermark at the southernmost point of St. Andrews; thence by a straight line in a southerly direction to the easternmost point of Navy Island, also known as St. Andrews Island; thence by a straight line in a southwesterly direction toward the northern end of the bridge over Lewis Cove in Perry, Maine, to the International Boundary; thence in a northerly direction along the International Boundary to the monument on Monument Brook; thence southerly along the Canadian side of Monument Brook 200 feet from the high watermark to the point where the Monument Brook empties into North Lake; thence easterly along the northern shore of North Lake 200 feet above the high watermark to Highway 122; thence easterly along Highway 122 to Canterbury; thence southerly along the Canadian Pacific Railway line to McAdam; thence westerly along Route 4 to the International Boundary between St. Croix and Vanceboro; thence southerly 200 feet above the high watermark along the Canadian side of St. Croix River and maintaining this 200 feet above the high watermark around Oak Bay and Waweig Bay to the place of beginning being 200 feet from the high watermark at the southernmost point of St. Andrews. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 3307 — ME Code / Title 38 / Chapter 37 / Section 3307
38 §3307. Rulemaking
Status: in_force

In consultation with the Department of Marine Resources and the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry may adopt rules clarifying the application of the provisions of this chapter to watercraft, houseboats, nonwater-dependent floating structures and nonwater-dependent uses, rules clarifying or expanding the scope of the exceptions to the prohibition under section 3302 and other rules necessary for the implementation of this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 500 — ME Code / Title 38 / Chapter 3 / Section 500
38 §500. Negotiation with New York state -- Article X
Status: in_force

The commission is authorized to discuss with appropriate state agencies in New York state questions of pollution of waters which flow into the New England area from New York state or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.

Whenever the commission by majority vote of the members of each signatory state shall have given its approval and the state of New York shall have taken the necessary action to do so, the state of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the Interstate Sanitation Commission (New York, New Jersey and Connecticut).
38 M.R.S. § 569-C — ME Code / Title 38 / Chapter 3 / Section 569-C
38 §569-C. Limited exemption from liability for state or local governmental entities
Status: in_force

1. Limited exemption from liability. Liability under section 570 does not apply to the State or any political subdivision that acquired ownership or control of an oil storage facility through tax delinquency proceedings pursuant to Title 36 , or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign. The exemption from liability provided under this subsection does not apply if: A. The State or political subdivision causes, contributes to or exacerbates a discharge or threat of discharge from the facility; or [PL 2011, c. 206, §18 (NEW).] B. After acquiring ownership of the facility and upon obtaining knowledge of a release or threat of release, the State or political subdivision does not: (1) Notify the department within a reasonable time after obtaining knowledge of a discharge or threat of discharge; (2) Provide reasonable access to the department and its authorized representatives so that necessary response actions may be conducted; and (3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment. [PL 2011, c. 206, §18 (NEW).] [PL 2011, c. 206, §18 (NEW).]

2. Reimbursement for department expenses. Notwithstanding the exemption from liability provided in subsection 1 , the State or any political subdivision that acquires or has acquired ownership of property that encompasses an oil storage facility pursuant to any of the proceedings referred to in subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period in which the State or political subdivision had ownership of the property, up to the amount of the proceeds from the sale or disposition of the property minus any unpaid taxes on the property and the out-of-pocket costs of the sale or disposition. [PL 2011, c. 206, §18 (NEW).]
38 M.R.S. § 410-I — ME Code / Title 38 / Chapter 3 / Section 410-I
38 §410-I. Cooperation with agencies
Status: in_force

1. Agency cooperation. The commissioner shall cooperate and coordinate with the Commissioner of Agriculture, Conservation and Forestry; the Commissioner of Transportation; the Commissioner of Economic and Community Development; the Commissioner of Health and Human Services; and the Commissioner of Marine Resources to ensure a coordinated approach to nonpoint source pollution control for agriculture, forestry, transportation and development. [PL 2011, c. 655, Pt. KK, §27 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

2. Ranking of watersheds. In cooperation with the commissioner, the agencies identified in subsection 1 shall identify those watersheds that should receive highest priority for corrective action for nonpoint source pollution and those actions recommended in great pond watersheds to control phosphorus runoff. [PL 1991, c. 838, §17 (AMD).]

3. Annual coastal water quality monitoring and remediation planning. The department shall in coordination with the public health division of the Department of Marine Resources create an annual work plan outlining priorities for the monitoring and classification of shellfish growing areas and for hydrographic studies in shellfish growing areas. The work plan must also prioritize remediation projects that will improve water quality within shellfish growing areas. Staff from both agencies must be assigned in determining responsibilities of the work plan. The Department of Marine Resources shall solicit priorities from the Shellfish Advisory Council established under Title 12, section 6038 and from municipalities with approved municipal shellfish programs for work within shellfish growing areas in those communities. In order for municipal recommendations to be considered for inclusion in a work plan, the municipality must commit to assist in the identification and remediation of nonpoint source pollution, including failing subsurface wastewater disposal systems, in areas affecting the water quality of shellfish growing areas. The agencies shall prepare a draft work plan by February 1st of each year and make it available for review at a regularly scheduled meeting of the Shellfish Advisory Council, set out under Title 12, section 6038 . The agencies shall begin implementing the work plan by March 1st annually. [PL 2009, c. 213, Pt. FFFF, §4 (NEW).]
38 M.R.S. § 701 — ME Code / Title 38 / Chapter 5 / Section 701
38 §701. Complaint
Status: in_force

The complaint shall contain such a description of the land flowed or injured, and such a statement of the damage, that the record of the case shall show the matter heard and determined in the action.
38 M.R.S. § 480-II — ME Code / Title 38 / Chapter 3 / Section 480-II
38 §480-II. Small-scale wind energy development; permit requirements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Decommissioning" means the physical removal of all components of a small-scale wind energy development, including, but not limited to, wind turbines and associated foundations to a depth of at least 24 inches; structures, roads, cabling, electrical components and any other associated facilities and foundations to a depth of at least 24 inches to the extent they are not otherwise in or proposed to be placed into productive use; the grading and reseeding of all earth disturbed during construction and decommissioning; and restoration of any disturbed wetlands or critical wildlife habitat. [PL 2015, c. 264, §3 (NEW).] B. "Small-scale wind energy development" means any wind energy development that is not a grid-scale wind energy development as defined in Title 35‑A, section 3451, subsection 6 , and that has a total generating capacity of at least 100 kilowatts. [PL 2015, c. 264, §3 (NEW).] [PL 2015, c. 264, §3 (NEW).]

2. Permit requirements. An applicant for a permit to construct a small-scale wind energy development shall demonstrate that the proposed project: A. Will be constructed with setbacks and other considerations adequate to protect public safety, including, but not limited to, a fire protection plan. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional licensed civil engineer as well as any applicable setback recommended by a manufacturer of any equipment to be installed on or in support of the small-scale wind energy development; [PL 2015, c. 264, §3 (NEW).] B. Will be constructed using the best practical mitigation techniques for mitigating impacts to endangered and threatened species, essential wildlife habitat and other protected resources from all aspects of construction and operation, in accordance with rules adopted under Title 35‑A, section 3459 ; and [PL 2015, c. 264, §3 (NEW).] C. Will not significantly compromise views from a scenic resource of state or national significance, as considered under the criteria and methodologies set forth in Title 35‑A, section 3452 . [PL 2015, c. 264, §3 (NEW).] A person proposing to construct a small-scale wind energy development must demonstrate adequate financial capacity to decommission the development at any time during construction or operation of the development, or upon termination of development operations for any reason. The obligation to decommission the development must be transferred to any future owner of the development in the event of a transfer of title. Decommissioning is required if the development's purpose or use is abandoned for a period of one year at any time after construction begins. Demonstration of financial capacity to decommission must include documentation of financial assurance that the decommissioning costs will be fully funded prior to the start of construction. Financial assurance may be demonstrated in the form of a performance bond, surety bond, letter of credit or other form of financial assurance acceptable to the department. A public informational meeting must be held in accordance with department rules for permit application for a small-scale wind energy development. [PL 2015, c. 264, §3 (NEW).] Revisor's Note: §480-II. Program to reduce erosion and protect lake water quality (As enacted by PL 2015, c. 365, §1 is REALLOCATED TO TITLE 38, SECTION 480-JJ)
38 M.R.S. § 585 — ME Code / Title 38 / Chapter 4 / Section 585
38 §585. Establishment of emission standards
Status: in_force

The board may establish and may amend standards, herein called "emission standards", limiting and regulating in a just and equitable manner the amount and type of air contaminants which may be emitted to the ambient air within a region. Such emission standards shall be designed to prevent air pollution and to achieve and maintain the ambient air quality standards within the region in which applicable. [PL 1971, c. 618, §12 (AMD).]

Prior to the establishment or amendment of emission standards, the board shall offer an opportunity for a public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . The board shall solicit and consider all available information concerning the ambient air quality standards of the region; the existing emissions of air contaminants within the region, their nature, amount and sources; the effect of the emissions upon the ambient air quality standards of the region; the availability, effectiveness and cost of air pollution control apparatus designed to prevent and control air pollution caused by such emissions, and such other evidence as in the board's judgment will enable it to determine and establish emission standards for the region which will achieve and maintain the ambient air quality standards therein. [PL 1983, c. 566, §37 (AMD).]

The board shall by rule establish or may amend emission standards limiting and regulating the amount and type of air contaminants that may be emitted to the ambient air of a region to achieve the goals set forth in this section. The rule must state the date upon which the standards or any individual standard becomes effective. In establishing the date, the board shall consider the degree of air pollution existing within the region, the length of time necessary to inform persons affected by the establishment of these standards that these standards exist, the time needed by the board to implement effective controls and the time needed by persons affected to design and install air pollution control apparatus to comply with the new standards. [PL 1989, c. 144, §2 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §158 (AMD).]
38 M.R.S. § 555 — ME Code / Title 38 / Chapter 3 / Section 555
38 §555. Budget approval
Status: in_force

The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraphs A , C , F and H for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666 . The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 551, subsection 5, paragraphs B , D and E may be made as authorized by the State Controller following approval by the commissioner. [PL 2023, c. 405, Pt. A, §135 (AMD).]
38 M.R.S. § 1049 — ME Code / Title 38 / Chapter 10 / Section 1049
38 §1049. Waiver of sewer district lien foreclosure
Status: in_force

A sewer district, including but not limited to a qualified sewer district subject to section 1050 , may use the following provisions to waive a lien foreclosure. [PL 2013, c. 555, §6 (NEW).]

1. Waiver. The treasurer of a sewer district, including a qualified sewer district, when authorized by the trustees of the sewer district, may waive the foreclosure of a sewer district lien mortgage created pursuant to the sewer district's charter by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the lien mortgage has expired. The lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate are not affected by the filing of a waiver under this section. [PL 2013, c. 555, §6 (NEW).]

2. Form. The waiver of foreclosure under subsection 1 must be substantially in the following form. The foreclosure of the sewer lien mortgage on real estate for charges against........................(NAME) to................(NAME OF SEWER DISTRICT) dated...............and recorded in the......................County Registry of Deeds in Book........., Page........ is hereby waived. The form must be dated, signed by the treasurer of the sewer district and notarized. A copy of the form must be provided to the party named on the lien mortgage and each record holder of a mortgage on the real estate. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 635-A — ME Code / Title 38 / Chapter 5 / Section 635-A
38 §635-A. Time limits for processing applications
Status: in_force

Whenever the commissioner receives a properly completed application, the department shall make a decision as expeditiously as possible. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §185 (AMD).]

When the proposed project lies within the jurisdiction of the Maine Land Use Planning Commission, decisions shall be made within 105 working days except that decisions delegated to the director shall be made within 60 working days. Following one extension of up to 45 working days, the director may waive the time limit requirements of this section only at the request of the applicant. [PL 1985, c. 362, §1 (AMD); PL 2011, c. 682, §38 (REV).]
38 M.R.S. § 1106 — ME Code / Title 38 / Chapter 11 / Section 1106
38 §1106. Operational date of sanitary districts
Status: in_force

Notwithstanding the prior issuance of a certificate of organization, a sanitary district is not in operation and may not exercise any of its powers granted in this chapter until the date set by the Commissioner of Environmental Protection as provided in section 1105 . On that date, the sanitary district becomes operative and the trustees shall assume the management and control of the operation of all of the public sewers, storm and surface water drains, treatment plants and related structures within the sanitary district, and the municipalities and residents of unorganized territory within the sanitary district on and after the operational date have no responsibility for the operation or control of the public sewers and storm and surface water drains and treatment plants within their respective jurisdictions other than to pay for services rendered to the municipality or residents by the sanitary district. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §215 (AMD).]
38 M.R.S. § 3013 — ME Code / Title 38 / Chapter 31 / Section 3013
38 §3013. Relation to federal Electronic Signatures in Global and National Commerce Act
Status: in_force

This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 United States Code, Section 7001(a) or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 United States Code, Section 7003(b). [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 1318 — ME Code / Title 38 / Chapter 13 / Section 1318
38 §1318. Mitigation of penalties
Status: in_force

1. Reporting. The immediate reporting of a discharge or threatened discharge by the responsible party or by the person causing the discharge may be considered in mitigation of any criminal or civil penalties assessed under this subchapter. [PL 1979, c. 730, §2 (NEW).]

2. Removal. If the responsible party or person causing the discharge immediately reports and removes the discharge in accordance with this subchapter, a plan submitted under section 1318‑C and the rules and orders of the board or commissioner, the party or person is not subject to criminal or civil penalties under this subchapter. [PL 1991, c. 208, §1 (AMD).]
38 M.R.S. § 480-E-2 — ME Code / Title 38 / Chapter 3 / Section 480-E-2
38 §480-E-2. Delegation of review authority to the Department of Health and Human Services or to a community public water system
Status: in_force

The commissioner may delegate review authority to determine whether an activity that requires a permit because it is located within a community public water system primary protection area meets the standards in section 480‑D, subsections 2 and 5 if the activity does not in whole or in part otherwise require a permit pursuant to section 480‑C . The commissioner may delegate this review authority to the drinking water program of the Department of Health and Human Services or to a community public water system that demonstrates adequate technical capacity to perform the review. If review authority is delegated, the department shall issue or deny the permit and retains enforcement authority. [PL 2007, c. 353, §11 (NEW).]
38 M.R.S. § 1316-D — ME Code / Title 38 / Chapter 13 / Section 1316-D
38 §1316-D. Immunity
Status: in_force

Notwithstanding Title 14, chapter 741 , the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person to receive workers' compensation or other applicable benefits. [PL 1991, c. 517, Pt. A, §2 (NEW).]
38 M.R.S. § 724 — ME Code / Title 38 / Chapter 5 / Section 724
38 §724. Judgment no bar to new complaint
Status: in_force

A judgment against a plaintiff as not entitled to any compensation is no bar to a new complaint for damages, arising after the former verdict, and for compensation for damages subsequently sustained.
38 M.R.S. § 1367-C — ME Code / Title 38 / Chapter 13-B / Section 1367-C
38 §1367-C. Limit on obligation to replace or treat water supply wells
Status: in_force

If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with a hazardous substance: [PL 1993, c. 621, §8 (NEW).]

1. Delineated contaminated area. Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1 ; and [PL 1995, c. 462, Pt. A, §79 (AMD).]

2. Areas not delineated. The obligation of the commissioner or any responsible party under this chapter with regard to replacement or treatment of the well is limited to reimbursement of the expense of installing the well and its proper abandonment if the well was installed in an area other than one described in subsection 1 . The well owner is responsible in such a case for other expenses of replacing or treating the water supply well, including the cost of any pump or piping installed with the well. [PL 1995, c. 462, Pt. A, §79 (AMD).]

For purposes of this section, "viable community public water system" has the same meaning as in section 548 . [PL 1993, c. 621, §8 (NEW).]
38 M.R.S. § 411-C — ME Code / Title 38 / Chapter 3 / Section 411-C
38 §411-C. Maine Clean Water Fund
Status: in_force

1. Establishment; administration. The Maine Clean Water Fund, referred to in this section as "the fund," is established as provided in this section. A. The fund is established as a nonlapsing fund to provide financial assistance, in accordance with subsection 2 , for the acquisition, planning, design, construction, reconstruction, enlargement, repair, protection and improvement of wastewater systems and treatment facilities and water pollution abatement systems. [PL 2019, c. 423, §3 (AMD).] B. The department shall administer the fund. The fund must be invested in the same manner as permitted for investment of funds belonging to the State or held in the State Treasury. The fund must be established and held separate from any other funds and used and administered exclusively for the purpose of this section. The fund consists of the following: (1) Sums that are appropriated by the Legislature or transferred to the fund from time to time from the State Water and Wastewater Infrastructure Fund pursuant to Title 30‑A, section 6006‑H ; (2) Interest earned from the investment of fund balances; and (3) Other funds from any public or private source received for use for any of the purposes for which the fund has been established. [PL 2009, c. 377, §3 (NEW).] [PL 2019, c. 423, §3 (AMD).]

2. Uses. The fund may be used for one or more of the following purposes: A. To make grants to public wastewater systems under sections 411 , 411‑A and 412 ; [PL 2019, c. 423, §4 (AMD).] B. To forgive loans held by public wastewater systems for the acquisition, planning, design, construction, reconstruction, enlargement, repair, protection or improvement of public wastewater systems and treatment facilities and water pollution abatement systems; [PL 2009, c. 377, §3 (NEW).] C. To provide a state match for federal funds allocated to the state revolving loan fund established in Title 30‑A, section 6006‑A ; [PL 2009, c. 377, §3 (NEW).] D. To invest available fund balances and to credit the net interest income on those balances to the fund; and [PL 2009, c. 377, §3 (NEW).] E. To pay the costs of the department associated with the administration of the fund as long as no more than 5% of the aggregate of the highest fund balance in any fiscal year is used for these purposes. [PL 2009, c. 377, §3 (NEW).] [PL 2019, c. 423, §4 (AMD).]
38 M.R.S. § 1706 — ME Code / Title 38 / Chapter 17 / Section 1706
38 §1706. Relationship to other law
Status: in_force

This chapter provides an additional and alternative method for carrying out the purposes of this chapter and is supplemental and additional to powers conferred by other laws, including the provisions of chapter 13 , pertaining to solid waste, and is not in derogation of any powers now existing. The exercise of authority under this chapter is subject to any restriction imposed under chapter 24 . [PL 1989, c. 585, Pt. E, §36 (AMD).]
38 M.R.S. § 954 — ME Code / Title 38 / Chapter 6 / Section 954
38 §954. Creation of the Saco River Corridor Commission
Status: in_force

To carry out the purpose stated in section 951 , the Saco River Corridor Commission, as established by Title 5, section 12004‑G, subsection 13 , shall hereafter in this chapter be called the "commission." The commission is charged with implementing this chapter within the Saco River Corridor and shall have and exercise all the powers and authorities necessary to carry out the purposes of this chapter and the powers and authorities granted herein. The commission shall consist of one member and one alternate from each municipality whose jurisdiction includes lands or bodies of water encompassed by the Saco River Corridor. Members and alternates shall not be personally liable for the official acts of the commission. [PL 1989, c. 503, Pt. B, §178 (AMD).]

Appointments to the commission shall be made by the municipal officers of each municipality who may consult with the planning board of that municipality. The initial members and alternates shall be appointed within 30 days of the effective date of this chapter. Members of the commission and alternates shall serve staggered 3-year terms. The term of office of the initial members and alternates shall be determined by lot with 1/3 of the initial members and alternates selected respectively for one, 2 and 3-year terms. The member and alternate from the same municipality shall serve the same term. [PL 1979, c. 459, §1 (NEW).]

Appointed and elected officials of the municipalities with lands within the corridor shall be eligible to serve as members of the commission, and such service shall not be considered a conflict of interest. The members shall be sworn to the faithful performance of their duties as such by a dedimus justice and 7 members or alternates qualified to vote shall constitute a quorum for the transaction of business. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 354 — ME Code / Title 38 / Chapter 2 / Section 354
38 §354. Federal programs
Status: in_force

Notwithstanding section 352 , if the department is required by federal law to issue any certificate, permit or license, the commissioner shall establish a fee schedule identical to the federal program that is most like the state program. If there are no similar state programs, the commissioner shall adopt the appropriate fee schedule based upon identified costs including liaison costs. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §14 (AMD).]
38 M.R.S. § 489-C — ME Code / Title 38 / Chapter 3 / Section 489-C
38 §489-C. Rescission
Status: in_force

The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met: [PL 1995, c. 493, §9 (AMD).]

1. Development other than a subdivision. For a development other than a subdivision as defined at the time of permit issuance: A. The permittee has not constructed or caused to be constructed, or operated or caused to be operated, the development; or [PL 2025, c. 49, §1 (NEW).] B. The development has been fully decommissioned to the department's satisfaction; [PL 2025, c. 49, §1 (NEW).] [PL 2025, c. 49, §1 (RPR).]

2. Subdivision. If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or [PL 1995, c. 493, §9 (AMD).]

3. Reclamation following borrow, clay or topsoil mining. If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that: A. The affected area has been successfully reclaimed; [PL 1995, c. 493, §9 (NEW).] B. There are not continuing requirements; and [PL 1995, c. 493, §9 (NEW).] C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department. [RR 1995, c. 2, §99 (COR).] [RR 1995, c. 2, §99 (COR).]

A rescission is considered a minor revision. [PL 1993, c. 383, §29 (NEW).]

For the purposes of this section, "fully decommissioned" means all aboveground and belowground components of a development have been physically removed, the site has been restored to preconstruction grade, any previously vegetated areas have been revegetated with native vegetation similar to nearby native vegetation and all waste has been recycled or disposed of at a facility authorized to accept the materials for recycling or disposal. [PL 2025, c. 49, §2 (NEW).]
38 M.R.S. § 1404 — ME Code / Title 38 / Chapter 14 / Section 1404
38 §1404. Liability for gross negligence or reckless, wanton or intentional misconduct
Status: in_force

Nothing in section 1402 limits or otherwise affects the liability of any person for damages resulting from that person's gross negligence, or from that person's reckless, wanton or intentional misconduct. [PL 1983, c. 111 (NEW).]
38 M.R.S. § 906 — ME Code / Title 38 / Chapter 5 / Section 906
38 §906. Property transfer provisions
Status: in_force

1. Compensation. A dam owner is not prohibited from requesting compensation for the transfer of a dam pursuant to this article. The department may not issue a water release order pursuant to section 905 to a dam owner who has refused to transfer the dam to a person willing to assume ownership of the dam because that person refused to compensate the dam owner for the property. The department may not refuse to issue the order if the dam owner requested only payment or a share in payment of the costs of transfer. [PL 1995, c. 630, §3 (NEW).]

2. Property rights transferred. When a dam is transferred pursuant to this article, the dam owner shall transfer all property rights necessary to maintain and operate the dam, to the extent owned by the dam owner. Those property rights include title to the dam and land under the dam, title to equipment and other personal property normally located at the dam site, flowage rights and access rights. [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 435 — ME Code / Title 38 / Chapter 3 / Section 435
38 §435. Shoreland areas
Status: in_force

To aid in the fulfillment of the State's role as trustee of its waters and to promote public health, safety and the general welfare, it is declared to be in the public interest that shoreland areas be subject to zoning and land use controls. Shoreland areas include those areas within 250 feet of the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a coastal wetland, within 250 feet of the upland edge of a freshwater wetland except as otherwise provided in section 438‑A, subsection 2 , or within 75 feet of the high-water line of a stream. The purposes of these controls are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas. [PL 1995, c. 625, Pt. B, §15 (AMD).]

It is further declared that, in accordance with Title 12, section 402 , certain river and stream segments, as identified in the former Department of Conservation's 1982 Maine Rivers Study and as specifically delineated in section 437 , are significant river segments and deserve special shoreland zoning controls designed to protect their natural and recreational features. [PL 2013, c. 405, Pt. D, §15 (AMD).]

Zoning ordinances adopted pursuant to this article need not depend upon the existence of a zoning ordinance for all of the land and water areas within a municipality, notwithstanding Title 30‑A, section 4352 , as it is the intention of the Legislature to recognize that it is reasonable for municipalities to treat shoreland areas specially and immediately to zone around water bodies rather than to wait until such time as zoning ordinances may be enacted for all of the land within municipal boundaries. [PL 2011, c. 691, Pt. C, §6 (AMD).]

All existing municipal ordinances dealing with subjects of this section currently in effect and operational on April 18, 1986, are declared to be valid and shall continue in effect until rescinded, amended or changed according to municipal ordinance, charter or state law. [PL 1987, c. 815, §§1,11 (RPR).]