38 M.R.S. § 439-A — ME Code / Title 38 / Chapter 3 / Section 439-A
38 §439-A. Additional municipal powers, limitations
Status: reserved

1. Additional controls. In addition to the ordinances required by this chapter, municipalities may adopt zoning and land use controls applicable to other bodies of water as may be required to protect the public health, safety and general welfare and further the purposes of this article. [PL 1987, c. 815, §§7, 11 (NEW).]

2. Jurisdiction. Notwithstanding the scope of shoreland areas as identified in section 435 , the jurisdiction of municipal shoreland zoning and land use control ordinances adopted under this article may include any structure built on, over or abutting a dock, wharf, pier or other structure extending or located below the normal high-water line or within a wetland. Accordingly, municipalities may enact ordinances affecting structures that extend or are located over the water or are placed on lands lying between high and low waterlines or within wetlands. [PL 1999, c. 243, §5 (AMD).]

3. Soil evaluation reports. Any other law notwithstanding, when a zoning ordinance adopted in conformity with this article requires a written report of soil suitability for subsurface waste disposal or commercial or industrial development, that report must be prepared and signed by a duly qualified person who has made an on-the-ground evaluation of the soil properties involved. Persons qualified to prepare these reports must be certified by the Department of Health and Human Services and include Maine State Licensed Soil Scientists, Maine Registered Professional Engineers, Maine State Licensed Geologists and other persons who have training and experience in the recognition and evaluation of soil properties and can provide proof of this training and experience in a manner specified by the Department of Health and Human Services. The Department of Health and Human Services may adopt rules for the purpose of establishing training and experience standards required by this subsection. [PL 2019, c. 285, §14 (AMD).]

4. Setback requirements. Notwithstanding any provision in a local ordinance to the contrary and except as provided in this subsection, all new principal and accessory structures and expansions of such structures within the shoreland zone as established by section 435 must meet the water body or wetland setback requirements approved by the board, except functionally water-dependent uses. This subsection is not intended to prohibit a municipal board of appeals from granting a variance, subject to the requirements of this article and Title 30‑A, section 4353 , nor is it intended to prohibit an otherwise permissible expansion of a legally existing nonconforming structure, as long as the expansion does not create further nonconformity with the water body or wetland setback requirement. A. All new principal and accessory structures, excluding functionally water-dependent uses, must meet the water body or wetland setback requirements approved by the board. An expansion of a legally existing nonconforming structure pursuant to this subsection may not create further nonconformity with the water body or wetland setback requirement. [PL 2013, c. 320, §8 (NEW).] B. Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body or upland edge of a wetland is prohibited, even if the expansion will not increase nonconformity with the water body or wetland setback requirement. Expansion of an accessory structure that is located closer to the normal high-water line of a water body or upland edge of a wetland than the principal structure is prohibited, even if the expansion will not increase nonconformity with the water body or wetland setback requirement. (1) Notwithstanding this paragraph, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable standards of land use adopted by the municipality are met and the expansion is not prohibited by paragraph A. (a) The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater. [PL 2013, c. 320, §8 (NEW).] C. All other legally existing nonconforming principal and accessory structures that do not meet the water body or wetland setback requirements may be expanded or altered as follows, as long as other applicable standards of land use adopted by the municipality are met and the expansion is not prohibited by paragraph A or B . (1) For structures located less than 75 feet from the normal high-water line of a water body or upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater. (2) For structures located less than 100 feet from the normal high-water line of a great pond classified as GPA or a river flowing to a great pond classified as GPA, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater. Any portion of those structures located less than 75 feet from the normal high-water line of a water body or upland edge of a wetland must meet the footprint and height limits in subparagraph (1) . (3) In addition to the limitations in subparagraphs (1) and (2), for structures that are legally nonconforming due to their location within the Resource Protection District when located at less than 250 feet from the normal high-water line of a water body or the upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,500 square feet or 30% larger than the footprint that existed at the time the Resource Protection District was established on the lot, whichever is greater. The maximum height of any structure may not be made greater than 25 feet or the height of the existing structure, whichever is greater, except that any portion of those structures located less than 75 feet from the normal high-water line of a water body or upland edge of a wetland must meet the footprint and height limits in subparagraph (1) . [PL 2013, c. 320, §8 (NEW).] C-1. Notwithstanding the limitations on height imposed under paragraphs B and C , the height of a structure that is a legally existing nonconforming principal or accessory structure may be raised to, but not above, the minimum elevation necessary to be consistent with the local floodplain management elevation requirement or to 3 feet above base flood elevation, whichever is greater, as long as the structure is relocated, reconstructed, replaced or elevated within the boundaries of the parcel so that the water body or wetland setback requirement is met to the greatest practical extent. This paragraph applies to structures that: (1) Have been or are proposed to be relocated, reconstructed, replaced or elevated to be consistent with the local floodplain management elevation requirement; and (2) Are located in an area of special flood hazard. [PL 2021, c. 504, §3 (NEW).] D. As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings. (1) "Water body" means a great pond, river or stream. (2) "Wetland" means a coastal wetland or freshwater wetland. [PL 2013, c. 320, §8 (NEW).] Plans approved by the municipality for expansions under this subsection must be filed in the registry of deeds of the county in which the property is located within 90 days of approval. [PL 2021, c. 504, §3 (AMD).]

4-A. Alternative expansion requirement. [PL 2013, c. 320, §9 (RP).]

4-B. Exemption from setback requirements for decks over rivers within a downtown revitalization project. In accordance with the provisions of this subsection, a municipality may adopt an ordinance that exempts a deck from the water and wetland setback requirements otherwise applicable under this section. A. Notwithstanding subsection 4 , a municipality may adopt an ordinance pursuant to this subsection that exempts a deck from the otherwise applicable water or wetland setbacks if the following requirements are met: (1) The deck does not exceed 700 square feet in area; (2) The deck is cantilevered over a segment of a river that is located within the boundaries of a downtown revitalization project; and (3) The deck is attached to or accessory to a use in a structure that was constructed prior to 1971 and is located within a downtown revitalization project. [PL 2013, c. 588, Pt. A, §48 (AMD).] B. A downtown revitalization project under this subsection must be defined in a project plan approved by the legislative body of the municipality and may include the revitalization of buildings formerly used as mills that do not meet the water or wetland setback requirements in subsection 4 . [PL 2013, c. 588, Pt. A, §48 (AMD).] C. Except for the water and wetland setback requirements in subsection 4 , a deck that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules. [PL 2013, c. 588, Pt. A, §48 (AMD).] D. A deck exempt under this subsection may be either privately or publicly owned and maintained. [PL 2013, c. 140, §1 (NEW).] [PL 2013, c. 588, Pt. A, §48 (AMD).]

4-C. Exemption from setback requirements for walkways and trails over rivers within a downtown revitalization project. In accordance with the provisions of this subsection, a municipality may adopt an ordinance that exempts pedestrian walkways and trails from the water and wetland setback requirements otherwise applicable under this section. A. Notwithstanding subsection 4 , a municipality may adopt an ordinance pursuant to this subsection that exempts a pedestrian walkway or trail from the otherwise applicable water or wetland setbacks if the following requirements are met: (1) The walkway or trail is adjacent to a segment of a river that is located within the boundaries of a downtown revitalization project; (2) If cantilevered over a segment of river, the walkway or trail does not extend over the river more than 10 feet from the normal high-water line; (3) If cantilevered over a segment of river, the walkway or trail is attached to a structure that was constructed prior to 1971 and is located within a downtown revitalization project; and (4) If the walkway or trail is cantilevered over a segment of river, the municipal planning board has determined there is no other practical means to construct the walkway or trail without cantilevering over that segment of the river. If there are no other practical means to construct the walkway or trail, approaches to the cantilevered walkway or trail may also cantilever off adjacent retaining walls but no more than is necessary to access the cantilevered walkway or trail. [PL 2015, c. 11, §1 (NEW).] B. A downtown revitalization project under this subsection must be defined in a project plan approved by the legislative body of the municipality and may include the revitalization of buildings formerly used as mills that do not meet the water or wetland setback requirements in subsection 4 . [PL 2015, c. 11, §1 (NEW).] C. Except for the water and wetland setback requirements in subsection 4 , a walkway or trail that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules. [PL 2015, c. 11, §1 (NEW).] D. A walkway or trail exempt under this subsection may be either privately or publicly owned and maintained. [PL 2015, c. 11, §1 (NEW).] [PL 2015, c. 11, §1 (NEW).]

4-D. Exemption for expansion of an existing restaurant associated with an existing marina. In accordance with the provisions of this subsection, a municipality may adopt an ordinance that allows the expansion of a restaurant that is part of a marina that has been permitted in accordance with all applicable state and local requirements. A. Notwithstanding subsection 4 , a municipality may adopt an ordinance pursuant to this subsection that allows the expansion of a restaurant that is part of a marina that has been permitted in accordance with all applicable state and local requirements if the following requirements are met: (1) The restaurant expansion is not located over a water body or wetland; (2) The restaurant expansion is not located any closer to the water body or wetland than the existing restaurant; and (3) The restaurant and the marina that the restaurant is a part of have both been in existence as of January 1, 2021. [PL 2021, c. 336, §1 (NEW).] B. Except for the water and wetland setback requirements in subsection 4 , the expansion of a restaurant that is part of a marina that meets the requirements of this subsection must meet all other state and local permit requirements and comply with all other applicable rules. [PL 2021, c. 336, §1 (NEW).] [PL 2021, c. 336, §1 (NEW).]

5. Timber harvesting. Municipal ordinances must regulate timber harvesting within the shoreland area. Notwithstanding any provision in a local ordinance to the contrary, standards for timber harvesting activities may not be less restrictive than the following: A. Selective cutting of no more than 40% of the trees 4.5 inches or more in diameter, measured at 4 1/2 feet above ground level, in any 10-year period, as long as a well-distributed stand of trees and other natural vegetation remains; [PL 2007, c. 292, §21 (AMD).] B. Within a shoreland area zoned for resource protection abutting a great pond there may not be timber harvesting within the strip of land extending 75 feet inland from the normal high-water line except to remove safety hazards or if a municipality adopts an ordinance pursuant to this paragraph. A municipality may adopt an ordinance that allows limited timber harvesting within the 75-foot strip in the resource protection zone when the following conditions are met: (1) The ground is frozen; (2) There is no resultant soil disturbance; (3) The removal of trees is accomplished using a cable or boom and there is no entry of tracked or wheeled vehicles into the 75-foot strip of land; (4) There is no cutting of trees less than 6 inches in diameter; no more than 30% of the trees 6 inches or more in diameter, measured at 4 1/2 feet above ground level, are cut in any 10-year period; and a well-distributed stand of trees and other natural vegetation remains; and (5) A licensed professional forester has marked the trees to be harvested prior to a permit being issued by the municipality; and [PL 1999, c. 370, §2 (AMD).] C. Any site within a shoreland area zoned for resource protection abutting a great pond, beyond the 75-foot strip restricted in paragraph B , where timber is harvested must be reforested within 2 growing seasons after the completion of the harvest, according to guidelines adopted by the board. The board shall adopt guidelines consistent with minimum stocking standards established under Title 12, section 8869 . [PL 1991, c. 66, Pt. A, §10 (RPR).] The board may adopt more restrictive guidelines consistent with the purposes of this subchapter that must then be incorporated into local ordinances. Timber harvesting operations exceeding the 40% limitation in paragraph A may be allowed by a planning board upon a clear showing, including a forest management plan signed by a Maine licensed professional forester, that such an exception is necessary for good forest management and is carried out in accordance with the purposes of shoreland zoning. The planning board shall notify the commissioner of each exception allowed. [PL 2007, c. 292, §21 (AMD).]

6. Clearing of vegetation. Within the shoreland area, municipal ordinances must provide for effective vegetative screening between buildings and shorelines. Notwithstanding any provision in a local ordinance to the contrary, vegetative screening requirements must be no less restrictive than the following: A. Within a strip extending 100 feet inland from the normal high-water line of a great pond classified as GPA under section 465‑A or a river that flows to a great pond classified as GPA under section 465‑A or within a strip extending 75 feet inland from the normal high-water line of other water bodies or the upland edge of a wetland, there may be no cleared opening or openings greater than 250 square feet and a well-distributed stand of vegetation must be retained. The restrictions in this paragraph do not apply to the construction of a structure or the establishment of a land use within 75 feet of the normal high-water line of a water body or upland edge of a wetland that is specifically allowed by municipal ordinance in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the commissioner; [PL 2013, c. 231, §1 (AMD); PL 2013, c. 320, §10 (AMD).] B. Within a shoreland area zoned for resource protection abutting a great pond there may be no cutting of vegetation within the strip of land extending 75 feet inland from the normal high-water line except to remove safety hazards; and [PL 2013, c. 231, §1 (AMD); PL 2013, c. 320, §10 (AMD).] C. Except as otherwise provided in this paragraph, selective cutting of no more than 40% of the total volume of trees 4 inches or more in diameter, measured at 4 1/2 feet above ground level, is allowed in any 10-year period. Rules adopted by the board may allow for 70% of a lot to be nonvegetated in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the commissioner. [PL 2013, c. 231, §1 (AMD); PL 2013, c. 320, §10 (AMD).] The board may adopt more restrictive guidelines consistent with the purposes of this subchapter, which must then be incorporated into local ordinances. [PL 2013, c. 231, §1 (AMD); PL 2013, c. 320, §10 (AMD).]

6-A. Clearing of vegetation; exception. The following exceptions to the standards governing the clearing of vegetation apply. A. The standards in subsection 6, paragraphs A and C do not apply to properties that are located within areas designated as commercial fisheries and maritime activities districts or other equivalent zoning districts approved by the commissioner that support commercial fisheries and maritime activities if: (1) The commissioner determines that special local conditions exist and a local municipal ordinance is approved in accordance with section 438‑A, subsection 3 ; and (2) The districts are in existence at the time this subsection becomes effective. [PL 2013, c. 231, §2 (NEW); PL 2013, c. 320, §11 (NEW).] B. The standards in subsection 6, paragraphs A and C and any standards related to the clearing of vegetation contained in a municipal ordinance enacted in accordance with section 438‑A, subsection 3 do not apply to remediation activities that are necessary to clean up contamination on a site in a general development district, commercial fisheries and maritime activities district or other equivalent zoning district approved by the commissioner that is part of a state or federal brownfields program or a voluntary response action program under section 343‑E and that is located along: (1) A coastal wetland; or (2) A river that does not flow to a great pond classified as GPA under section 465‑A . [PL 2013, c. 231, §2 (NEW); PL 2013, c. 320, §11 (NEW).] [PL 2013, c. 231, §2 (NEW); PL 2013, c. 320, §11 (NEW).]

7. Special exception. A municipal ordinance adopted pursuant to this article may include a provision for the municipal planning board to issue a permit for construction of a single-family residence in a Resource Protection District if the applicant demonstrates that all of the following conditions are met. A. There is no location on the property, other than a location within the Resource Protection District, where the structure can be built. [PL 1993, c. 318, §1 (NEW).] B. The lot on which the structure is proposed is undeveloped and was established and recorded in the registry of deeds of the county in which the lot is located before the adoption of the Resource Protection District. [PL 1993, c. 318, §1 (NEW).] C. The proposed location of all buildings, sewage disposal systems and other improvements are: (1) Located on natural ground slopes of less than 20%; and (2) Located outside the floodway of the 100-year floodplain along rivers and artificially formed great ponds along rivers and outside the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps; all buildings, including basements, are elevated at least one foot above the 100-year floodplain elevation; and the development is otherwise in compliance with any applicable municipal floodplain ordinance. If the floodway is not shown on the Federal Emergency Management Agency maps, it is deemed to be 1/2 the width of the 100-year floodplain. For purposes of this subparagraph, "floodway" means the channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot in height and "velocity zone" means an area of special flood hazard extending from offshore to the inland limit of the primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. [PL 1993, c. 318, §1 (NEW).] D. The total footprint of all principal and accessory structures is limited to a maximum of 1,500 square feet. [PL 2013, c. 320, §12 (AMD).] E. All structures, except functionally water-dependent structures, are set back from the normal high-water line or upland edge of a wetland to the greatest practical extent, but not less than 75 feet. In determining the greatest practical extent, the planning board shall consider the depth of the lot, the slope of the land, the potential for soil erosion, the type and amount of vegetation to be removed, the proposed building site's elevation in regard to the floodplain and its proximity to moderate-value and high-value wetlands. [PL 1993, c. 318, §1 (NEW).] [PL 2013, c. 320, §12 (AMD).]

8. Archaeological excavation. A permit is not required for an archaeological excavation that is within a shoreland zone as long as the excavation is conducted by an archaeologist listed on the Maine Historic Preservation Commission level 1 or level 2 approved list and unreasonable erosion and sedimentation is prevented by means of adequate and timely temporary and permanent stabilization measures. [PL 2001, c. 207, §1 (NEW).]

9. Cupolas. For the purpose of determining the height of a structure, a municipal ordinance adopted pursuant to this article may exempt a cupola, dome, widow's walk or similar feature added to a legally existing conforming structure if: A. The legally existing conforming structure is not located in a Resource Protection District or a stream protection district as defined in guidelines adopted by the board; and [PL 2011, c. 231, §2 (NEW).] B. The cupola, dome, widow's walk or other similar feature: (1) Does not extend beyond the exterior walls of the existing structure; (2) Has a floor area of 53 square feet or less; and (3) Does not increase the height of the existing structure, as determined under section 436‑A, subsection 7‑A , by more than 7 feet. [PL 2011, c. 231, §2 (NEW).] For purposes of this subsection, "cupola, dome, widow's walk or other similar feature" means a nonhabitable building feature mounted on a building roof for observation purposes. [PL 2011, c. 231, §2 (NEW).]

10. Photographic record required. A municipal ordinance adopted pursuant to this article must require an applicant for a permit for development within the shoreland zone to provide to the municipal permitting authority preconstruction photographs and, no later than 20 days after completion of the development, postconstruction photographs of the shoreline vegetation and development site. [PL 2019, c. 40, §5 (NEW).]
38 M.R.S. § 1319-E — ME Code / Title 38 / Chapter 13 / Section 1319-E
38 §1319-E. Disbursements from the Maine Hazardous Waste Fund
Status: in_force

1. Money disbursed. Money in the Maine Hazardous Waste Fund may be disbursed by the commissioner for the following purposes, but for no other: A. Costs incurred in the removal or abatement of an unlicensed discharge or threatened discharge of hazardous waste, waste oil or biomedical waste. Whenever practical, the commissioner may offer the responsible party the opportunity to remove or abate the discharge or threatened discharge; [PL 1993, c. 355, §54 (AMD).] B. [PL 1989, c. 546, §15 (RP).] C. Costs incurred for the purchase of necessary hazardous waste, waste oil and biomedical waste testing, response, inspection and monitoring equipment and supplies, response and compliance personnel and training of personnel in accordance with an allocation approved by the Legislature; [PL 1993, c. 355, §54 (AMD).] D. Amounts necessary to reimburse municipalities as required by section 1319‑R, subsection 3 ; [PL 1989, c. 874, §8 (AMD).] E. Costs incurred in the inspection or supervision of hazardous waste, waste oil and biomedical waste activities and handlers; and [PL 2011, c. 653, §26 (AMD); PL 2011, c. 653, §33 (AFF).] F. [PL 2011, c. 653, §27 (RP); PL 2011, c. 653, §33 (AFF).] G. Costs incurred in the administration of chapter 27 or the provision of technical assistance under the technical assistance and recognition programs described in section 2326 . [PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).] [PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF); PL 2011, c. 653, §§26, 27 (AMD); PL 2011, c. 653, §33 (AFF).]

2. Limitation. [PL 1987, c. 192, §28 (RP).]
38 M.R.S. § 962 — ME Code / Title 38 / Chapter 6 / Section 962
38 §962. General performance standards
Status: in_force

1. Standards. Unless otherwise specified, the following performance standards shall be applicable to all uses of land and water areas within the corridor, whether or not a permit is required from the commission. A. No building may be located closer to the Ossipee, Little Ossipee or Saco rivers than 100 feet from the normal or mean high water line, nor may any building in the Limited Residential or Resource Protection Districts be located less than 30 feet from any accepted road. Within the Resource Protection and Limited Residential Districts there may be no construction or placement of residential structures within the 100-year floodplain. [PL 1995, c. 171, §11 (AMD).] B. Within the Resource Protection District or Limited Residential District no part of a septic system or other system of underground sewage disposal shall be located within the 100-year floodplain. [PL 1979, c. 459, §1 (NEW).] C. On the Ossipee and Little Ossipee Rivers and fresh-water portions of the Saco River: (1) No privately-owned pier, dock or float shall extend more than 10% of the width of the river at any time or extend into the water more than 10 feet perpendicular to the shore, whichever is less; and (2) All piers, docks or floats shall be temporary and capable of seasonal removal. [PL 1979, c. 459, §1 (NEW).] D. Agriculture. (1) All agriculture practices must be in conformance with existing state and federal laws and regulations relating to the use of insecticides, herbicides, fertilizers and cleaning agents, and with state and federal laws and regulations to the placement of disposal of wastes in waterways or on the banks thereof. (2) Where soil is tilled, an untilled buffer strip of natural vegetation must be retained between the tilled ground and the normal or mean high water line of the river. The width of this strip must be a minimum of 25 feet, measured directly from the normal or mean high water line of the river. (3) Newly created fields and tillage and grazing operations must be set back from the normal or mean high water line at least 75 feet. [PL 1995, c. 171, §11 (AMD).] E. [PL 1995, c. 171, §12 (RP).] E-1. Within a strip extending 100 feet inland from the normal or mean high water line, there may be no cleared opening or openings, except for approved construction, and a well-distributed stand of vegetation must be retained. Selective cutting of no more than 40% of the trees 4 inches or more in diameter, measured at 4 1/2 feet above ground level, is allowed in any 10-year period, provided that a well-distributed stand of trees and other natural vegetation remains. [PL 1995, c. 171, §13 (NEW).] F. The following standards govern timber harvesting within 250 feet of the normal or mean high water line of any water body within the corridor. (1) Harvesting operations must be conducted in such a manner that a well-distributed stand of trees is retained. (2) In any stand, harvesting may remove not more than 40% of the volume of trees 6 inches in diameter and larger, measured at 4 1/2 feet above ground level in any 10-year period. (3) No significant accumulation of slash may be left within 50 feet of the normal or mean high water line of any water body within the corridor. At distances greater than 50 feet from the normal or mean high water line of such water bodies extending to the limits of the corridor, all slash must be disposed of in such a manner that it lies on the ground and no part thereof extends more than 4 feet above the ground. (4) Harvesting operations must be conducted in such a manner and at such a time that minimal soil disturbance results. Adequate provision must be made to prevent soil erosion and sedimentation of surface waters. [PL 1995, c. 171, §14 (AMD).] G. The minimum lot size for each residential dwelling unit is 40,000 square feet and the minimum lot size for any principal commercial structure is 60,000 square feet. [PL 1995, c. 171, §15 (NEW).] H. Principal or accessory structures and expansions of existing structures that are permitted in the Resource Protection and Limited Residential Districts may not exceed 35 feet in height. This paragraph does not apply to structures such as transmission towers, windmills, antennas and similar structures having no floor area. [PL 1995, c. 171, §15 (NEW).] [PL 1995, c. 171, §§11-15 (AMD).]
38 M.R.S. § 2101-A — ME Code / Title 38 / Chapter 24 / Section 2101-A
38 §2101-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 465, Pt. A, §28 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

1. Agency. [PL 1995, c. 656, Pt. A, §34 (RP).]

1-A. Anaerobic digestion. "Anaerobic digestion" means the breakdown of organic material by microorganisms in the absence of oxygen to produce biogas. [PL 2025, c. 419, §1 (NEW).]

2. Office. [PL 2011, c. 655, Pt. GG, §27 (RP); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Bureau. "Bureau" means the Bureau of General Services within the Department of Administrative and Financial Services as authorized pursuant to Title 5, section 1742 . [PL 2011, c. 655, Pt. GG, §28 (NEW); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3-A. Composting. "Composting" means the processing of organic material, including, but not limited to, food waste, for soil application using a method of accelerated biological decomposition of the organic material under controlled or uncontrolled conditions. [PL 2025, c. 419, §1 (NEW).]

3-B. Excess edible food. "Excess edible food" means edible food that is not sold or otherwise used by a food waste generator and that is safe for human consumption. "Excess edible food" does not include unpackaged raw meat, fish or poultry; food damaged by pests, mold, bacteria or other contamination; food subject to a governmental or producer recall for food safety reasons; or food returned to a supplier by the food waste generator. [PL 2025, c. 419, §1 (NEW).]

3-C. Food rescue organization. "Food rescue organization" means an organization that collects excess edible food that would otherwise be managed as waste and distributes the food for free for human consumption. "Food rescue organization" includes, but is not limited to, a food pantry, food bank, soup kitchen or community-based organization providing similar services. [PL 2025, c. 419, §1 (NEW).]

3-D. Food waste. "Food waste" means material derived from processing or discarding food that is not sold or consumed. "Food waste" includes excess edible food that cannot be donated to a food rescue organization but does not include: A. Organic material produced or generated by a producer that is not consumable by humans or animals, such as plant stems, stalks or roots, or that is culled, off-grade or outside of specification. As used in this paragraph, "producer" has the same meaning as in Title 7, section 320‑A, subsection 1, paragraph C ; [PL 2025, c. 419, §1 (NEW).] B. Cooking oil or yellow grease from residential sources; [PL 2025, c. 419, §1 (NEW).] C. Biomedical waste, hazardous waste, sludge or septage; [PL 2025, c. 419, §1 (NEW).] D. Nonorganic material; [PL 2025, c. 419, §1 (NEW).] E. Any food subject to a governmental or producer recall for food safety reasons; or [PL 2025, c. 419, §1 (NEW).] F. Any other material identified by the department by routine technical rule pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 419, §1 (NEW).] [PL 2025, c. 419, §1 (NEW).]

3-E. Food waste generator. "Food waste generator" means a person that generates food waste. [PL 2025, c. 419, §1 (NEW).]

3-F. Point of generation. "Point of generation" means the location where waste is initially produced. [PL 2025, c. 419, §1 (NEW).]

4. Recycling establishment. "Recycling establishment" means an establishment engaged in the marketing, brokering or purchasing of reportable recyclable materials generated in the State. "Recycling establishment" does not include an establishment that directs all reportable recyclable materials it markets, brokers or purchases to brokers and purchasers that are located in the State. [PL 2019, c. 291, Pt. B, §2 (NEW).]

5. Reportable recyclable materials. "Reportable recyclable materials" means any of the following categories of recyclable materials that are separated from household, commercial or institutional waste and that are delivered to a recycling establishment for recycling: glass; cardboard, paper and paper products; plastic and plastic products; cartons, laminated materials and other packaging; nonferrous and ferrous metals, including white goods; textiles; and mixed streams of recyclable materials that include any combination of the materials listed in this subsection. [PL 2019, c. 291, Pt. B, §2 (NEW).]

6. Soil application. "Soil application" means the addition of material to soil to improve its nutrient levels or physical properties, such as water retention, permeability, water infiltration, drainage or aeration. [PL 2025, c. 419, §1 (NEW).]
38 M.R.S. § 2145 — ME Code / Title 38 / Chapter 24 / Section 2145
38 §2145. Recycling reporting
Status: in_force

1. Reporting requirement. Beginning March 1, 2020 and annually thereafter, a recycling establishment shall report to the department regarding its recycling of reportable recyclable materials generated in the State. The report must be on a form provided by or a format approved by the department and must include: A. The business name, mailing address, physical address, e-mail address, contact person and telephone number of the recycling establishment; [PL 2019, c. 291, Pt. B, §5 (NEW).] B. The amount in tons of each category of reportable recyclable materials, by generator, received by the recycling establishment; and [PL 2019, c. 291, Pt. B, §5 (NEW).] C. The amount in tons of each category of reportable recyclable materials, by destination, shipped by the recycling establishment. [PL 2019, c. 291, Pt. B, §5 (NEW).] The report must specify the quantity of reportable recyclable materials required to be reported under paragraphs B and C delineated into distinct material types to the extent possible. If the report specifies the quantity of reportable recyclable materials as determined using a volume-to-weight conversion formula, the report must include that conversion formula for review and approval by the department. The report may provide an aggregate quantity for multiple locations operated by a recycling establishment as long as the report specifically identifies each location used in determining the aggregate quantity. The department shall establish reporting guidelines to ensure that reportable recyclable materials to be included in a report under this subsection are not counted more than once. [PL 2019, c. 291, Pt. B, §5 (NEW).]

2. Data aggregation. The department shall aggregate data contained within the reports submitted under this section for the purpose of determining statewide quantities of reportable recyclable materials recycled. [PL 2019, c. 291, Pt. B, §5 (NEW).]

3. Confidentiality. Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with the provisions of section 1310‑B and, if the information is so designated, the provisions of section 1310‑B apply. [PL 2019, c. 291, Pt. B, §5 (NEW).]
38 M.R.S. § 1721 — ME Code / Title 38 / Chapter 17 / Section 1721
38 §1721. Formation
Status: in_force

The formation of a disposal district is accomplished as follows. [PL 1995, c. 656, Pt. A, §29 (AMD).]

1. Application by municipal officers. The municipal officers of the municipality or municipalities that desire to form a disposal district shall file an application with the department, after notice and hearing in each municipality, on a form or forms prepared by the department, setting forth the name or names of the municipality or municipalities and furnishing such other data as the department determines necessary and proper. The application must contain, but is not limited to, a description of the territory of the proposed district, the name proposed for the district that includes the words "disposal district," a statement showing the existence in that territory of the conditions requisite for the creation of a disposal district as prescribed in section 1702 and other documents and materials required by the department. The department may adopt rules under this chapter. [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Public hearing. Upon receipt of the application, the department shall hold a public hearing on the application within 60 days of the date of receipt of the application, at some convenient place within the boundaries of the proposed district. At least 14 days prior to the date of the hearing, the department shall publish notice of the hearing at least once in a newspaper of general circulation in the area encompassed by the proposed district. [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Approval of application. After the public hearing, on consideration of the evidence received, the department shall, in accordance with section 1702 and rules adopted by the department, make findings of fact and a determination of record whether or not the conditions requisite for the creation of a disposal district exist in the territory described in the application. If the department finds that the conditions do exist, it shall issue an order approving the proposed district as conforming to the requirements of this chapter and designating the name of the proposed district. The department shall give notice to the municipal officers within the municipality or municipalities involved of a date, time and place of a meeting of the representative of the municipality or municipalities involved. The municipal officers shall elect a representative to attend the meeting who may represent the municipality in all matters relating to the formation of the district. A return receipt properly endorsed is evidence of the receipt of notice. The notice must be mailed at least 10 days prior to the date set for the meeting. [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Denial of application. If the department determines that the creation of a disposal district in the territory described in the application is not warranted for any reason, it shall make findings of fact and enter an order denying its approval. The department shall give notice of the denial by mailing certified copies of the decision and order to the municipal officers of the municipality or municipalities involved. An application for the creation of a disposal district, consisting of exactly the same territory, may not be entertained within one year after the date of the issuance of an order denying approval of the formation of that disposal district, but this provision does not preclude action on an application for the creation of a disposal district embracing all or part of the territory described in the original application, as long as another municipality or fewer municipalities are involved. [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Joint meeting. The persons selected by the municipal officers, to whom the notice described in subsection 3 is directed, shall meet at the time and place appointed. When more than one municipality is involved, they shall organize by electing a chair and a secretary. An action may not be taken at any such meeting unless, at the time of convening, there are present at least a majority of the total number of municipal representatives eligible to attend and participate at the meeting, other than to report to the department that a quorum was not present and to request the department to issue a new notice for another meeting. A quorum is a simple majority of representatives eligible to attend the meeting. The purpose of the meeting is to determine the number of directors, subject to section 1724 , to be appointed by and to represent each participating municipality and to determine the duration of terms to be served by the initial directors so that, in ensuing years, 1/3 of the directors and their alternates are appointed or reappointed each year, to serve until their respective successors are duly appointed and qualified. Subject to section 1724 , the number of directors to represent each municipality is subject for negotiation among the municipal representatives. When a decision has been reached on the number of directors and the number to represent each municipality and the initial terms of the directors, subject to the limitations provided, this decision must be reduced to writing by the secretary and must be approved by a 2/3 vote of those present. The vote so reduced to writing and the record of the meeting must be signed by the chair, attested by the secretary and filed with the department. Any agreements among the municipal representatives that are considered essential prerequisites to the formation of the district, whether concerning payments in lieu of taxes to a municipality in which a waste facility is to be located, or any other matter, must be in writing and included in the record filed with the department. Subsequent to district formation, the board of directors of the district shall execute all documents necessary to give full effect to the agreements reached by the municipal representatives and filed with the department. When a single municipality is involved, a copy of the vote of the municipal officers, duly attested by the clerk of the municipality, must be filed with the department. [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

6. Submission. When the record of the municipality, or the record of the joint meeting, when municipalities are involved, is received by the department and found to be in order, the department shall order the question of the formation of the proposed disposal district and other questions relating to the formation to be submitted to the legal voters residing within the municipalities, except as provided in subsection 7 , in which case the municipal officers may determine the questions. The order must be directed to the municipal officers of the municipality or municipalities that propose to form the disposal district, directing them to call, within 60 days of the date of the order, town meetings or city elections for the purpose of voting in favor of or in opposition to each of the following articles or questions, as applicable, in substantially the following form: A. Whether the town (or city) of (name of town or city) will vote to incorporate as a disposal district to be called (name) Disposal District; [PL 1991, c. 66, Pt. B, §8 (RPR).] B. Whether the residents of (name of town or city) will vote to join with the residents of the (name of town or city) to incorporate as a disposal district to be called (name) Disposal District: (legal description of the bounds of the proposed disposal district). At a minimum, the district must consist of (names of essential municipalities); and [PL 1991, c. 66, Pt. B, §8 (RPR).] C. Whether the residents of (name of town or city) will vote to approve the total number of directors and the allocation of representation among the municipalities on the board of directors, as determined by the municipal officers and listed as follows: Total number of directors is (number of directors) and the residents of (town or city) are entitled to ( ) directors. (The number of directors to which each municipality is entitled must be listed.) [PL 1991, c. 66, Pt. B, §8 (RPR).] Directors must be chosen to represent municipalities in the manner provided in section 1725 . [PL 2011, c. 655, Pt. GG, §22 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

7. Determination by municipal officers. In the event that the charters of the respective municipalities, or any one of them, consistent with such state laws as may otherwise be applicable, permit the municipal officers of the municipality or municipalities that propose to form the disposal district to vote to join such a district, the municipal officers may determine the question of the formation of the proposed disposal district and other questions relating to the formation without submission to the legal voters residing within the municipality. [PL 1995, c. 656, Pt. A, §29 (AMD).]
38 M.R.S. § 1871 — ME Code / Title 38 / Chapter 20-B / Section 1871
38 §1871. Interagency Task Force on Invasive Aquatic Plants and Nuisance Species
Status: in_force

The Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, as established by Title 5, section 12004‑D, subsection 6 and referred to in this chapter as "the task force," is established to advise the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Legislature on matters pertaining to research, control and eradication of invasive aquatic plants and nuisance species. [PL 2021, c. 522, §1 (AMD).]

1. Membership. The task force consists of 16 members as follows: A. The following 4 ex officio voting members: (1) The commissioner or the commissioner's designee, who serves as the chair of the task force; (2) The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee; (3) The Commissioner of Health and Human Services or the commissioner's designee; and (4) The Commissioner of Agriculture, Conservation and Forestry or the commissioner's designee; and [PL 2011, c. 657, Pt. X, §8 (AMD).] B. Twelve members representing the public appointed by the Governor: (1) One representative of the State's lake associations; (2) One representative of a statewide recreational watercraft owners association; (3) One representative of a statewide organization of marina owners; (4) One representative of a lakes education program; (5) One representative of public drinking water utilities; (6) One representative of commercial tree and garden nurseries; (7) One representative of home gardeners; (8) One representative of municipal government; (9) One representative of a statewide sporting association; (10) One representative of a statewide outdoor recreational group; (11) One person with demonstrated expertise in lake ecology; and (12) One public member who has demonstrated experience or interest in the area of threats to fish and wildlife posed by invasive aquatic plants and nuisance species. [PL 2001, c. 434, Pt. B, §2 (NEW).] [PL 2011, c. 657, Pt. X, §8 (AMD).]

2. Terms. Members appointed by the Governor serve 4-year terms, except that, as determined by the Governor, of the initial appointments, 4 must be for 3 years, including the public member, and 4 must be for 2 years. Members serve until their successors are appointed. A vacancy must be filled for the remainder of the unexpired term. If after 6 months of a vacancy on the task force in a position listed in subsection 1, paragraph B the Governor cannot fill that vacancy, the Governor may appoint a member who does not meet the qualifications of subsection 1, paragraph B , but who has demonstrated experience or interest in the area of threats to fish and wildlife posed by invasive aquatic plants and nuisance species. [PL 2011, c. 47, §3 (AMD).]

3. Advisory group of federal agency representatives. The task force may form an advisory group of federal agency representatives that may include, but is not limited to, representatives of the United States Department of the Interior, United States Fish and Wildlife Service and National Park Service assigned to Acadia National Park; the United States Department of Agriculture; the United States Forest Service within the United States Department of Agriculture; and the United States Environmental Protection Agency. [PL 2001, c. 434, Pt. B, §2 (NEW).]

4. Duties. The task force shall develop findings and recommendations, including any suggested legislation, on any of the following matters and, pursuant to subsection 4‑A , submit a report that includes those findings and recommendations to the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Legislature: A. The importation and transportation of invasive aquatic plants and nuisance species; [PL 2001, c. 434, Pt. B, §2 (NEW).] B. Monitoring and educational programs aimed at the control of invasive aquatic plants and nuisance species; [PL 2001, c. 434, Pt. B, §2 (NEW).] C. A comprehensive state invasive aquatic plants and nuisance species management plan that meets the requirements of the National Invasive Species Act of 1996, 16 United States Code, Section 4722; [PL 2001, c. 434, Pt. B, §2 (NEW).] D. A statewide inventory of invasive aquatic plants and nuisance species; [PL 2001, c. 434, Pt. B, §2 (NEW).] E. Methods to improve cooperation of state, provincial, federal and nongovernmental agencies in the area of invasive aquatic plants and nuisance species prevention and control; [PL 2001, c. 434, Pt. B, §2 (NEW).] F. Recommendations on the feasibility of implementing lake protection assessment districts that allow residents and owners of land within 250 feet of inland waters to assess themselves to raise funds to assist in the prevention and control of invasive aquatic plants; and [PL 2001, c. 434, Pt. B, §2 (NEW).] G. Other recommendations as necessary to control the introduction of invasive aquatic plants and nuisance species in the State. [PL 2001, c. 434, Pt. B, §2 (NEW).] In developing findings and recommendations under this subsection, the task force shall convene a stakeholder group that includes, but is not limited to, task force members, state natural resources agency staff and other persons with relevant experience or expertise including representatives of local and regional lake associations and representatives of lake protection organizations. [PL 2021, c. 522, §2 (AMD).]

4-A. Report. On or before January 15, 2023, and biennially thereafter, the task force shall submit to the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the joint standing committees of the Legislature having jurisdiction over environment and natural resources matters, inland fisheries and wildlife matters and marine resources matters a report containing its findings and recommendations, including any suggested legislation, developed pursuant to subsection 4 . After reviewing the report, each joint standing committee may report out legislation related to the report. [PL 2021, c. 522, §3 (NEW).]

5. Regional cooperation. The task force shall work with representatives from federal, state and local agencies and private environmental and commercial interests in the northeastern United States to form a northeastern regional panel to establish priorities and coordinate activities to prevent the spread of milfoil and other invasive aquatic plants and nuisance species in the Northeast. [PL 2001, c. 434, Pt. B, §2 (NEW).]

6. Staff. The department shall provide staff support to the task force. [PL 2001, c. 434, Pt. B, §2 (NEW).]
38 M.R.S. § 490-TT — ME Code / Title 38 / Chapter 3 / Section 490-TT
38 §490-TT. Violations
Status: in_force

1. Permittee required to correct violations. If the department determines that a permittee has violated this chapter, a rule adopted under this article, an order of the department or a mining permit issued under this article, the department shall require the permittee to correct the violation and the department may pursue enforcement action pursuant to sections 347‑A , 348 and 349 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Imminent endangerment. If the department determines that a violation under subsection 1 is causing or resulting in an imminent and substantial endangerment to the public health or safety, environment or natural resources, the department shall take action necessary to abate or eliminate the endangerment. Such action may include one or more of the following: A. Revoking the mining permit as authorized by section 342, subsection 11‑B ; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Issuing an order to the permittee requiring immediate suspension of mining activities, including, but not limited to, the removal of metallic product from the site; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. Issuing an order to the permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. Issuance of an emergency order as authorized by section 347‑A, subsection 3 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3. Effect of revocation or suspension. The revocation of a mining permit or suspension of mining activities under subsection 2 does not relieve a permittee of the responsibility to complete closure, reclamation, operation and maintenance and monitoring, to maintain financial assurance required under section 490‑RR and to undertake all appropriate measures to protect the environment, natural resources and public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Compliance with Maine Administrative Procedure Act. The department shall comply with the Maine Administrative Procedure Act in its actions under this section. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 1757 — ME Code / Title 38 / Chapter 17 / Section 1757
38 §1757. Bonds issued by municipalities
Status: in_force

For the purpose of assisting a district in financing any solid waste facility authorized by this chapter, and notwithstanding any other provision of law, any individual municipality may issue general obligation bonds backed by the full faith and credit of the municipality. Proceeds of the bonds or any part thereof may be either loaned or contributed to a district of which a municipality is a member. The issuance of the bonds and the loaning or contributing of funds to a district formed under this chapter shall constitute a valid purpose for which a municipality may raise or appropriate money under Title 30‑A, sections 5721 to 5728 . General obligation bonds issued by a municipality under this section shall be a municipal security as defined in Title 30‑A, section 5903 , and shall be eligible for purchase by the Maine Municipal Bond Bank. Nothing in this section may be read or construed to prohibit a municipality acting under this section from levying user fees and charges and discharging its debt out of the funds generated by the fees and charges. A municipality issuing bonds under this section and a district receiving the proceeds of the bonds may enter into such contracts and agreements as they may agree upon, both with each other and 3rd parties, establish trust or enterprise funds to provide for timely payment of the bonds, employ a trustee and do all things which may be necessary or convenient to the district or the municipality to make use of the bonds, as may be determined by the board of directors of the district and the municipal officers of the municipality. [PL 1987, c. 737, Pt. C, §§100, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
38 M.R.S. § 961 — ME Code / Title 38 / Chapter 6 / Section 961
38 §961. Relation to municipal, state and federal regulations
Status: in_force

Nothing in this chapter prevents municipal, state or federal authorities from adopting and administering more stringent requirements regarding performance standards or permitted uses within use districts established by the commission or within districts overlapping the districts established pursuant to this chapter. Where there is a conflict between a provision adopted under this chapter and any other municipal, state or federal requirement applicable to the same land or water areas within the corridor, the more restrictive provision takes precedence. All performance standards, rules and regulations proposed for hearing by the commission must be submitted to the Commissioner of Environmental Protection, the Department of Agriculture, Conservation and Forestry, the Greater Portland Council of Governments and the Southern Maine Regional Planning Commission at least 7 days prior to the hearing for review and comment. The commission may not adopt any rule establishing air or water quality standards within the corridor in conflict with the rules of the Department of Environmental Protection without the prior approval of the Board of Environmental Protection. [PL 2011, c. 655, Pt. JJ, §37 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 470-A — ME Code / Title 38 / Chapter 3 / Section 470-A
38 §470-A. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 619, §1 (NEW).]

1. Nonconsumptive use. "Nonconsumptive use" means any use of water that results in the water being discharged back into the same water source within 1/4 mile upstream or downstream from the point of withdrawal such that the difference between the volume withdrawn and the volume returned is no more than the threshold amount per day. This also includes withdrawals from groundwater that are discharged to a subsurface system or to a hydraulically connected surface water body such that no more than the threshold amount is consumed. [PL 2001, c. 619, §1 (NEW).]

2. Water source. "Water source" means any river, stream or brook as defined in section 480‑B , any lake or pond classified GPA pursuant to section 465‑A or groundwater located anywhere in the State. [PL 2001, c. 619, §1 (NEW).]

3. Water withdrawal; withdrawal of water. "Water withdrawal" or "withdrawal of water" means the removal, diversion or taking of water from a water source. All withdrawals of water from a particular water source that are made or controlled by a single person are considered to be a single withdrawal of water. [PL 2001, c. 619, §1 (NEW).]
38 M.R.S. § 414-A — ME Code / Title 38 / Chapter 3 / Section 414-A
38 §414-A. Conditions of licenses
Status: in_force

1. Generally. The department shall issue a license for the discharge of any pollutants only if it finds that: A. The discharge either by itself or in combination with other discharges will not lower the quality of any classified body of water below such classification; [PL 1973, c. 450, §15 (NEW).] B. The discharge either by itself or in combination with other discharges will not lower the quality of any unclassified body of water below the classification which the board expects to adopt in accordance with this subchapter; [PL 1973, c. 450, §15 (NEW).] C. The discharge either by itself or in combination with other discharges will not lower the existing quality of any body of water, unless, following opportunity for public participation, the department finds that the discharge is necessary to achieve important economic or social benefits to the State and when the discharge is in conformance with section 464, subsection 4, paragraph F . The finding must be made following procedures established by rule of the board pursuant to section 464, subsection 4, paragraph F ; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §30 (AMD).] D. The discharge will be subject to effluent limitations that require application of the best practicable treatment. "Effluent limitations" means any restriction or prohibition including, but not limited to, effluent limitations, standards of performance for new sources, toxic effluent standards and other discharge criteria regulating rates, quantities and concentrations of physical, chemical, biological and other constituents that are discharged directly or indirectly into waters of the State. "Best practicable treatment" means the methods of reduction, treatment, control and handling of pollutants, including process methods, and the application of best conventional pollutant control technology or best available technology economically achievable, for a category or class of discharge sources that the department determines are best calculated to protect and improve the quality of the receiving water and that are consistent with the requirements of the Federal Water Pollution Control Act, as amended, and published in 40 Code of Federal Regulations. If no applicable standards exist for a specific activity or discharge, the department must establish limits on a case-by-case basis using best professional judgment, after consultation with the applicant and other interested parties of record. In determining best practicable treatment for each category or class, the department shall consider the existing state of technology, the effectiveness of the available alternatives for control of the type of discharge and the economic feasibility of such alternatives; and [PL 1997, c. 794, Pt. A, §22 (AMD).] E. A pesticide discharge is unlikely to exert a significant adverse impact on nontarget species. This standard is only applicable to applications to discharge pesticides. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §30 (AMD).] [PL 1997, c. 794, Pt. A, §22 (AMD).]

1-A. License for copper sulfate applications in public water supplies. The commissioner may issue licenses to treat public water supplies with copper sulfate or related compounds. The commissioner may not issue more than 2 consecutive licenses for the same body of water. A. A license may only be issued if the Department of Human Services, Division of Health Engineering has determined that: (1) An abundant growth of algae producing taste or odor exists to such a degree that the water supply is in danger of becoming unhealthful or unpalatable; (2) The abundance of algae is a sporadic event. For purposes of this section, "sporadic" means occurring not more than 2 years in a row; and (3) The algae cannot effectively be controlled by other methods. [PL 1997, c. 794, Pt. A, §22 (AMD).] B. Any license issued under this subsection is for one application or series of applications not to exceed 6 months, as provided in the terms of the license. [PL 1997, c. 794, Pt. A, §22 (AMD).] C. The commissioner shall impose all conditions necessary to meet the requirements of this section and all other relevant provisions of law. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §30 (AMD).] D. [PL 1997, c. 794, Pt. A, §22 (RP).] [PL 1997, c. 794, Pt. A, §22 (AMD).]

1-B. Licensing of overboard discharges. The following provisions govern the licensing of overboard discharges. A. The department shall find that the discharge meets the requirements of best practicable treatment under this section for purposes of licensing when it finds that there are no technologically proven alternative methods of wastewater disposal consistent with the plumbing code adopted by the Department of Health and Human Services pursuant to Title 22, section 42 that will not result in an overboard discharge. (1) The department's finding must be based on documentation from a licensed site evaluator provided by the overboard discharge owner and approved by the department. The licensed site evaluator shall provide the overboard discharge owner with written certification, on a form provided by the department, that all potential alternatives for replacement of the overboard discharge on land owned or controlled by the overboard discharge owner, with or without a variance, have been evaluated by the licensed site evaluator. In performing the evaluation under this subparagraph: (a) The licensed site evaluator shall determine whether practices to reduce the quantity of raw wastewater can be applied that may allow a reduction in the subsurface disposal system sizing requirements; (b) The licensed site evaluator shall determine whether pretreatment techniques or devices authorized for use by the rules adopted by the Department of Health and Human Services governing subsurface wastewater disposal can be installed to reduce the subsurface disposal system sizing requirements; (c) The licensed site evaluator shall determine whether proprietary systems and devices authorized for use by the rules adopted by the Department of Health and Human Services governing subsurface wastewater disposal can be installed to reduce the subsurface disposal system sizing requirements; (d) The licensed site evaluator shall determine whether the subsurface disposal system area can be configured to fit within the property dimensions by separating the waste streams, such as laundry wastewater and sanitary wastewater, between 2 or more leach fields, drip irrigation sites or other disposal areas; (e) The licensed site evaluator shall evaluate the feasibility of siting a disposal system using reduced setback distances as authorized for use by the rules adopted by the Department of Health and Human Services governing subsurface wastewater disposal; (f) The licensed site evaluator shall determine whether adjoining or nearby land may be used for wastewater disposal with the permission of the property owner and shall document efforts to obtain an easement from the owner of adjoining or nearby land when, in the licensed site evaluator's judgment, an easement would allow for the installation of a replacement system; and (g) The licensed site evaluator shall determine if connection to a public sewer is feasible, including the use of an easement across another property or right-of-way. The department may require the overboard discharge owner to submit an additional site evaluation by a different licensed site evaluator if the conditions of this subparagraph have not been met. (2) If a technologically proven alternative system is identified and is eligible for grant funding according to the cost-share schedule under section 411‑A and grant funding is available, the alternative system must be installed within 180 days of written notification from the department, unless soil conditions are poor due to seasonal weather, in which case the alternative may be installed as soon as soil conditions permit. (3) If a technologically proven alternative system eligible for grant funding according to the cost-share schedule is identified and funding is not available, then the owner of the overboard discharge is not required to install the system until grant funds are available or as provided in section 413, subsection 3 or subsection 3‑A . The department may determine that grant funds are not available when there are insufficient funds available for all alternative systems and the alternative system is not one of the systems identified as a priority for funding from available grant funds by the department. (4) If a technologically proven alternative system for an overboard discharge from a residence is identified and is not eligible for grant funding according to the cost-share schedule under section 411‑A, subsection 2‑A and the overboard discharge is subject to a license that expires on or after July 2, 2010 and prior to July 2, 2012, the department may not require the alternative to be installed earlier than July 2, 2012. (5) If a technologically proven alternative system for an overboard discharge from a commercial establishment is identified and is not eligible for grant funding according to the cost-share schedule under section 411‑A, subsection 2‑A and the overboard discharge is subject to a license that expires on or after July 2, 2010 and prior to July 2, 2012, the department may not require the alternative to be installed earlier than July 2, 2012. [PL 2025, c. 44, §§12, 13 (AMD).] B. For the purposes of this subsection, the department may not require the installation or use of wastewater holding tanks as a "technologically proven alternative method of wastewater disposal" except in the following cases: (1) Seasonal residential overboard discharges that are located on the mainland or on any island connected to the mainland by vehicle bridge or by scheduled car ferry service, when the elimination of the discharge alone or in conjunction with the elimination of other discharges will result in the opening of a shellfish harvesting area or the removal of a public nuisance condition; (2) All overboard discharges located within the boundaries of a sanitary or sewer district when the district has agreed to service and maintain the holding tank at an annual fee that does not exceed those fees charged to other similar users of the district's services who are physically connected to the sewers of the district; and (3) All overboard discharges located within the municipality when the municipality has agreed to service and maintain the holding tank at an annual fee that does not exceed those fees charged to other similar users of the municipality's services who are physically connected to the sewers of the municipality. [PL 2003, c. 246, §11 (AMD).] C. [PL 2003, c. 246, §12 (RP).] D. [PL 2003, c. 246, §13 (RP).] E. At the time of each relicensing of an overboard discharge, the department shall impose all conditions necessary to meet the requirements of this section and all other relevant laws. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §30 (AMD).] F. For the purposes of this subsection, the department may not require the installation or use of an identified technologically proven alternative system unless the department finds that the identified alternative constitutes best practicable treatment under subsection 1, paragraph D . [PL 2009, c. 654, §5 (NEW).] G. Notwithstanding paragraph A , the department may request that a person seeking to renew or transfer an overboard discharge license evaluate the feasibility of a spray irrigation system licensed in accordance with section 413 as an alternative to the overboard discharge system. [PL 2025, c. 44, §14 (NEW).] [PL 2025, c. 44, §§12-14 (AMD).]

1-C. License for the use of algicides in Class GPA waters. The commissioner may issue a license to a municipality for the discharge of copper compounds or other materials registered by the Department of Agriculture, Conservation and Forestry to control excessive algae growth in Class GPA waters when the commissioner has determined that: A. A lake restoration plan to reduce algae growth has been designed and implemented in cooperation with the department; [PL 1995, c. 642, §5 (NEW).] B. That plan has been found by the department to have failed to achieve the desired level of restoration in a reasonable period of time; [PL 1995, c. 642, §5 (NEW).] C. Because of technical or financial limitations, there is no further plan for restoration; [PL 1995, c. 642, §5 (NEW).] D. The affected water has a recent history of severe algae blooms of less than one meter Secchi disk transparency; [PL 1995, c. 642, §5 (NEW).] E. A watershed plan to further reduce phosphorus loading to the affected water is being implemented by responsible parties including the department and all affected municipalities; and [PL 1995, c. 642, §5 (NEW).] F. The Department of Inland Fisheries and Wildlife has found that the discharge will not have an adverse impact on the fishery management plan of that water body. [PL 1995, c. 642, §5 (NEW).] This license allows for no more than one application of copper compounds or other registered algicides per year for a period not to exceed 5 years. Algicides must be applied in an amount and in a manner that minimizes risk to nontarget organisms. The individual conducting the treatment must be certified by the Board of Pesticides Control for the use of aquatic pesticides. Application of an algicide may only occur after the Secchi disk transparency of the water is less than 2 meters. Relicensing is contingent upon an assessment of the water quality and the effectiveness of the phosphorus reduction plan for the watershed. [PL 1995, c. 642, §5 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Schedules of compliance. Within the terms and conditions of a license, the department may establish a schedule of compliance for a final effluent limitation based on a water quality standard adopted after July 1, 1977. When a final effluent limitation is based on new or more stringent technology-based treatment requirements, the department may establish a schedule of compliance consistent with the time limitations permitted for compliance under the Federal Water Pollution Control Act, Public Law 92-500, as amended. A schedule of compliance may include interim and final dates for attainment of specific standards necessary to carry out the purposes of this subchapter and must be as short as possible, based on consideration of the technological, economic and environmental impact of the steps necessary to attain those standards. [PL 1993, c. 501, §1 (RPR).]

3. Federal law. When the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under Section 402(c)(1) of the Federal Water Pollution Control Act, as amended, the department shall refuse to issue a license for the discharge of pollutants which it finds would violate the provisions of any federal law relating to water pollution control, anchorage or navigation or regulations enacted pursuant thereto. Any license issued under this chapter after this determination must contain provisions, including effluent limitations, that the department determines necessary to carry out the purposes of this subchapter and any federal laws or regulations. Notwithstanding the foregoing, the department is authorized to issue licenses containing a variance from thermal effluent limitations, or from applicable compliance deadlines to accommodate an innovative technology. The variances may be granted only in accordance with the Federal Water Pollution Control Act, Sections 316 and 301(k), as amended, and applicable regulations. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §30 (AMD).]

4. License conditions affecting bypasses. In fashioning license decisions and conditions, the department shall consider the extent to which operation of the licensed facility will require an allowance for bypass of wastewater from any portion of a treatment facility when necessary for essential maintenance to assure efficient operation of the licensed facility, when unavoidable to prevent loss of life, personal injury or severe property damage and otherwise subject to applicable effluent limitations and standards. When the applicant demonstrates to the department that, consistent with best practical treatment requirements and other applicable standards, reasonably controlled and infrequent bypasses will be necessary for this purpose, and there is no feasible alternative to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal equipment downtime, the department shall fashion appropriate license allowances and conditions. [RR 2013, c. 2, §47 (COR).]

5. Modification, reopening and revocation. The following actions may be taken to reopen, modify or revoke and reissue waste discharge licenses. All actions taken under this subsection must be with notice to the licensee and all other interested parties of record and with opportunity for hearing. Actions may be appealed as set forth in sections 341‑D and 346 . A. The department may reopen a license to add or change conditions or effluent limitations for toxic compounds identified in 40 Code of Federal Regulations, Section 401 or to include schedules of compliance to implement industrial pretreatment rules adopted by the board. Additionally, at the time of license issuance, the department may include as a condition of a license a provision for reopening the license for inclusion or change of specific limitations when facts available upon issuance indicate that changed circumstances or new information may be anticipated. [PL 1997, c. 794, Pt. A, §25 (NEW).] B. A request for modification of a license may be made by the licensee for any valid cause or changed circumstance. The department may initiate a license modification: (1) When necessary to correct legal, technical or procedural mistakes or errors; (2) When there has been or will be a substantial change in the activity or means of treatment that occurred after the time the license was issued; (3) When new information other than revised rules, guidance or test methods becomes available that would have justified different conditions at the time the license was issued; (4) When a pollutant not included in the license may be present in the discharge in quantities sufficient to require treatment, such as when the pollutant exceeds the level that can be achieved by the technology-based treatment standards appropriate to the licensee, or contribute to water quality violations; (5) When necessary to remove net limits based on pollutant concentration in intake water when the licensee is no longer eligible for them, consistent with federal law; (6) When necessary to make changes as a result of the failure of one state to notify another state whose waters may be affected by a discharge; or (7) When necessary to include pretreatment compliance schedules required pursuant to federal law. [PL 1997, c. 794, Pt. A, §25 (NEW).] C. Notwithstanding Title 5, section 10051 , the board may modify a license and the commissioner may revoke or suspend a license when the board or the commissioner finds that any of the conditions specified in section 342, subsection 11‑B exist or upon an application for transfer of a license. [PL 2011, c. 304, Pt. H, §22 (AMD).] [PL 2011, c. 304, Pt. H, §22 (AMD).]

6. Cooling water intake structures. Any standard established by the department pursuant to section 413 or this section with respect to cooling water discharges and applicable to a point source must require that the location, design, construction and capacity of cooling water intake structures reflect the best technology available for minimizing adverse environmental impacts. [PL 2001, c. 232, §11 (NEW).]
38 M.R.S. § 957-A — ME Code / Title 38 / Chapter 6 / Section 957-A
38 §957-A. Resource Protection District
Status: in_force

1. Areas to be included. The Resource Protection District shall include the following areas: A. Wetlands, swamps, marshes and bogs; [PL 1979, c. 459, §1 (NEW).] B. Areas where the entire width of the corridor on one or both sides of the river is within the 100-year floodplain; [PL 1979, c. 459, §1 (NEW).] C. Land in private ownership designated for inclusion within this district by the owner thereof and accepted by the commission because of its importance as a fish and wildlife habitat or its educational, scientific, scenic, historic or archaeological value, or its open space value; [PL 1979, c. 459, §1 (NEW).] D. Land held in federal, state and municipal ownership which is designated for inclusion within this district by the controlling state, local or federal agency or board and accepted by the commission because of its importance as a fish and wildlife habitat or its educational, scientific, scenic, historic or archaeological value, or its open space value; [PL 1979, c. 459, §1 (NEW).] E. Land subject to easements or other restrictions that limit permissible uses to those allowed within this district; [PL 1995, c. 171, §4 (AMD).] F. Areas of importance as a fish or wildlife habitat or containing exceptional educational, scientific, scenic, historic or archaeological resources, which are nominated in writing to the commission by a municipal or state agency and approved by the commission after public hearing in the municipality within which the area is located. (1) Areas of importance as fish and wildlife habitat shall be included within the Resource Protection District upon a finding by the commission that all of the following requirements are met: (a) The area is of importance to a specific species of fish, migratory birds or other wildlife which inhabits the Saco River Corridor; (b) The maintenance and preservation of the populations of such species will promote the public welfare; and (c) More intensive development would result in the total or partial loss of the wildlife resources to be protected. (2) Areas of exceptional scenic importance shall be included within the Resource Protection District upon a finding by the commission that all of the following requirements are met: (a) The area is of exceptional scenic value because of distinct and clearly identifiable geological formations, vegetation or other natural features, such as bluffs, cliffs, rapids, falls, rock out-croppings or islands; (b) The natural features are visible from the river or from an accepted road during the months of June through September; (c) Preservation of the scenic value of the area will promote the public welfare; and (d) More intensive development would result in the total or partial loss of the scenic value of the area. (3) Areas of exceptional historic importance shall be included within the Resource Protection District only upon a finding by the commission that all of the following requirements are met: (a) The area to be included is associated with persons or events of national, state or local historic significance; (b) The area to be included, or the persons or events associated with the area, have been described or alluded to in historic documents, state or local histories, historic novels or other published materials; (c) Protection of the historic values of the area will contribute to public understanding and appreciation of the history of the Saco River Valley and its people; and (d) More intensive development would result in the total or partial loss of the historic value of the area. (4) Areas of exceptional archaeological importance shall be included within the Resource Protection District upon a finding by the commission that all of the following requirements are met: (a) The area to be included is one of exceptional importance as a source of fossils or prehistoric Indian remains; (b) The protection of the area would promote the public welfare by increasing public understanding and appreciation of the past of the Saco River Valley and its inhabitants; and (c) More intensive development would result in the total or partial loss or inaccessibility of such fossils or Indian remains. (5) Areas of exceptional scientific and educational importance shall be included within the Resource Protection District only upon a finding by the commission that all of the following requirements are met: (a) The area contains rare or unusual flora, fauna or other natural features of scientific or educational importance; (b) That protection of the area will promote scientific and educational purposes; and (c) More intensive development would result in the total or partial destruction of the educational or scientific value of the area; and [PL 1995, c. 171, §5 (AMD).] G. Areas of 2 or more contiguous acres with sustained slopes of 20% or greater. [PL 1995, c. 171, §6 (NEW).] [PL 1995, c. 171, §§4-6 (AMD).]

2. Uses for which no permit from the commission is required. Uses within the Resource Protection District for which no permit from the commission is required shall include: A. Open space uses which do not involve development including erosion and flood control, parks, game management, harvesting of cranberries and wild crops, tent camping, picnic areas, fishing, hunting, and other forms of outdoor recreation compatible with the purposes of this district; [PL 1979, c. 459, §1 (NEW).] B. Piers, docks and floats in compliance with state and federal requirements and applicable performance standards; [PL 1979, c. 459, §1 (NEW).] C. Forestry, agriculture, horticultural and aquacultural uses not involving development; and [PL 1979, c. 459, §1 (NEW).] D. Maintenance, reconstruction or relocation of existing public ways or bridges. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

3. Uses allowed by permit. Uses within the Resource Protection District which may be allowed by permit shall include: A. Structures related, necessary and accessory to the uses for which no permit is required; [PL 1979, c. 459, §1 (NEW).] B. Dredging, filling or alteration of wetlands related, necessary and accessory to permitted uses; [PL 1979, c. 459, §1 (NEW).] C. Any fill or deposit of material related, necessary and accessory to permitted uses; [PL 1979, c. 459, §1 (NEW).] D. Sand, gravel and topsoil (loam) excavations; [PL 1979, c. 459, §1 (NEW).] E. Necessary expansion or enlargement of nonconforming uses; and [PL 1979, c. 459, §1 (NEW).] F. Reconstruction of nonconforming structures damaged or destroyed by casualty. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

4. Prohibited uses. Prohibited uses within the Resource Protection District shall include: A. Structures designed for human habitation; [PL 1979, c. 459, §1 (NEW).] B. Buildings not related, necessary and accessory to uses for which no permit is required; [PL 1979, c. 459, §1 (NEW).] C. Any fill or deposit of materials, or dredging or alteration of wetlands, not permitted as accessory to uses allowed within the district; [PL 1979, c. 459, §1 (NEW).] D. Billboards; [PL 1979, c. 459, §1 (NEW).] E. Commercial uses other than those undertaken and permitted pursuant to subsections 2 and 3 ; [PL 1979, c. 459, §1 (NEW).] F. Industrial or manufacturing uses; [PL 1979, c. 459, §1 (NEW).] G. Dumping or disposing of any liquid or solid wastes other than agricultural utilization of animal wastes; and [PL 1979, c. 459, §1 (NEW).] H. Uses prohibited in the Limited Residential or General Development District. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1297 — ME Code / Title 38 / Chapter 12-B / Section 1297
38 §1297. Assistance from other departments
Status: in_force

The Commissioner of Administrative and Financial Services, the Commissioner of Labor and the Commissioner of Health and Human Services shall assist the commissioner in the enforcement of the licensing and certification requirements of this chapter. [PL 1997, c. 375, §14 (NEW); PL 2003, c. 689, Pt. B, §7 (REV).]
38 M.R.S. § 484-C — ME Code / Title 38 / Chapter 3 / Section 484-C
38 §484-C. Solar energy compensation fee for impact to high-value agricultural land
Status: in_force

1. Compensation fee. The department shall establish a solar energy compensation program in accordance with this section. The program must require a person who obtains approval under this article to construct or cause to be constructed a solar energy development located on high-value agricultural land as defined in section 3201, subsection 1 to pay a compensation fee or other form of compensation in accordance with this section for any portion of the development, including associated facilities, that is located on high-value agricultural land, referred to in this section as "the impacted area." [PL 2023, c. 448, §1 (NEW).]

2. Calculating fee. The compensation fee under this section must be calculated by the department, in consultation with the Department of Agriculture, Conservation and Forestry, using the square footage of the impacted area and applying a per square foot compensation fee set by the department. The fee must be based upon the fair market value of the impacted area and include reasonable costs, including stewardship costs, for a compensation project, as defined by the department by rule, that is completed in whole or in part with the compensation fee. Square footage of the impacted area that is already subject to the compensation fee under section 484‑D may not be included in calculating the compensation fee under this subsection. The compensation fee may be reduced by the department, in consultation with the Department of Agriculture, Conservation and Forestry, if the applicant proposes mitigation strategies, including, but not limited to, dual-use agricultural and solar production. The fee may be increased by the department, in consultation with the Department of Agriculture, Conservation and Forestry, based on the severity of the adverse impacts on the impacted area. For purposes of this subsection, "dual-use agricultural and solar production" means the productive use of land for agricultural production and solar energy production in accordance with standards established by rule adopted by the Department of Agriculture, Conservation and Forestry, in consultation with the department and the Governor's Energy Office. [PL 2023, c. 448, §1 (NEW).]

3. Collection of fees. All compensation fees collected under this section must be deposited in an account in the Department of Agriculture, Conservation and Forestry and must be distributed at the discretion of the commissioner for the purpose of farmland conservation and solar mitigation projects. Notwithstanding any provision of law to the contrary, eligible investment earnings credited to this account become part of the assets of the account and any balance remaining in the account at the end of a fiscal year must be carried forward for the next fiscal year. [PL 2023, c. 448, §1 (NEW).]

4. Conservation option. The department shall allow an applicant to meet the requirements of this section by conserving other land in accordance with this subsection. The amount of land conserved must be equal in square footage to the impacted area. The conserved land must be subject to a perpetual conservation easement or fee ownership by a public, quasi-public or municipal organization or a private, nonprofit organization that ensures the land remains available for agricultural production. An applicant who wishes to meet the requirements of this section in accordance with this subsection shall submit with the application a plan to execute the option and shall complete the fee purchase or conservation easement prior to the start of construction. [PL 2023, c. 448, §1 (NEW).]

5. Location and type of projects. A compensation project funded in whole or in part by a compensation fee or land designated for a conservation option under this section must be located in the same region as the solar energy development and must consist of soils comparable to those in the impacted area unless otherwise approved by the department. [PL 2023, c. 448, §1 (NEW).]

6. Responsibility for additional compensation. The requirements of this section are in addition to the requirements of section 480‑Z and section 484‑D . [PL 2023, c. 448, §1 (NEW).]

7. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 448, §1 (NEW).]
38 M.R.S. § 2451 — ME Code / Title 38 / Chapter 30 / Section 2451
38 §2451. ACE Service Center
Status: in_force

1. Establishment. The ACE Service Center, referred to in this section as "the center," is established within the department to provide certain administrative services to the Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection, which are referred to in this section as "the departments." Administrative services include, but are not limited to, support services in financial and human resources, inventory management, courier services and such other functions as may be determined jointly by the commissioners of the departments. The center's purpose is to provide administrative services in an efficient and cost-effective manner to the departments. The center is under the authority of the Commissioner of Environmental Protection, who shall provide for the administration of the center. The Commissioner of Environmental Protection shall establish service level agreements with the departments and shall provide for the equitable sharing of the cost of the center and its administration among the departments. [PL 2003, c. 673, Pt. LL, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Transfer of property. The commissioners of the departments shall approve the transfer of such property and equipment as needed for the operation of the center. [PL 1995, c. 502, Pt. K, §1 (NEW); PL 1995, c. 502, Pt. K, §2 (AFF).]
38 M.R.S. § 1401 — ME Code / Title 38 / Chapter 14 / Section 1401
38 §1401. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 111 (NEW).]

1. Discharge. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air. [PL 1983, c. 432, §10 (RPR).]

2. Hazardous material. "Hazardous material" includes: A. Hazardous waste, as defined in section 1303 ; [PL 1983, c. 432, §11 (NEW).] B. Hazardous matter, as defined in section 1317 ; [PL 1983, c. 432, §11 (NEW).] C. Hazardous material, as defined in Title 25, section 2102 ; and [PL 1999, c. 57, Pt. B, §8 (AMD).] D. [PL 1999, c. 57, Pt. B, §9 (RP).] E. Other substances identified as hazardous by any state or federal agency. [PL 1983, c. 432, §11 (NEW).] [PL 1999, c. 57, Pt. B, §§8, 9 (AMD).]

3. Person. "Person" includes any individual, partnership, corporation, association or other entity. [PL 1983, c. 111 (NEW).]
38 M.R.S. § 1399 — ME Code / Title 38 / Chapter 13-D / Section 1399
38 §1399. Municipal authority
Status: in_force

This chapter may not be construed to prevent a municipality from imposing siting restrictions more stringent than the prohibitions in this chapter or in rules adopted by the board. [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 1571 — ME Code / Title 38 / Chapter 15-A / Section 1571
38 §1571. Definitions
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 62, §1 (NEW).]

1. Consumer. "Consumer" means an individual who purchases or accepts food or beverages for use or consumption. [PL 2019, c. 62, §1 (NEW).]

2. Covered establishment. "Covered establishment" includes, but is not limited to: A. A food establishment, as defined in Title 22, section 2152, subsection 4‑A ; [PL 2019, c. 62, §1 (NEW).] B. An eating establishment as defined in Title 22, section 2491 , except that "covered establishment" does not include a hospital licensed under Title 22, chapter 405 or a so-called meals on wheels establishment funded in whole or in part directly or indirectly by the Department of Health and Human Services to provide meals at dispersed locations from central kitchen facilities; [PL 2019, c. 62, §1 (NEW).] C. An agricultural fair as defined in Title 7, section 81, subsection 1 ; [PL 2019, c. 62, §1 (NEW).] D. A farmers' market as defined in Title 7, section 415, subsection 1, paragraph A ; [PL 2019, c. 62, §1 (NEW).] E. A food pantry, church or community organization that provides food or beverages without charge; and [PL 2019, c. 62, §1 (NEW).] F. A boarding home, a retirement home, an independent living place or a nursing home. [PL 2019, c. 62, §1 (NEW).] [PL 2019, c. 62, §1 (NEW).]

3. (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Disposable food service container. "Disposable food service container" means service ware designed for one-time use. A. "Disposable food service container" includes service ware for take-out foods, bakery products and leftovers from partially consumed meals prepared by covered establishments. [PL 2021, c. 208, §1 (AMD).] B. "Disposable food service container" does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of seafood or service ware used to contain, transport or otherwise package raw, uncooked or butchered meat, poultry, fish, seafood or eggs. [PL 2021, c. 208, §1 (AMD).] This subsection is repealed July 1, 2027. [PL 2025, c. 151, §1 (AMD).]

3-A. (TEXT EFFECTIVE 7/1/27) Disposable food service container. "Disposable food service container" means service ware designed for one-time use. A. "Disposable food service container" includes service ware for take-out foods, bakery products, leftovers from partially consumed meals prepared by covered establishments and, except as provided in paragraph B , service ware used to contain, transport or otherwise package raw, uncooked or butchered meat, poultry, fish, seafood or eggs. [PL 2021, c. 208, §2 (NEW).] B. "Disposable food service container" does not include polystyrene foam coolers or ice chests that are used for the processing or shipping of seafood. [PL 2021, c. 208, §2 (NEW).] This subsection is effective July 1, 2027. [PL 2025, c. 151, §2 (AMD).]

4. Political subdivision. "Political subdivision" has the same meaning as in Title 14, section 8102, subsection 3 . [PL 2019, c. 62, §1 (NEW).]

5. Polystyrene foam. "Polystyrene foam" means blown polystyrene and expanded or extruded foams using a styrene monomer. [PL 2019, c. 62, §1 (NEW).]

6. Service ware. "Service ware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer or other item designed to be used to contain, transport, serve or consume food or beverages. [PL 2021, c. 208, §3 (AMD).]

7. State. "State" has the same meaning as in Title 14, section 8102, subsection 4 . [PL 2019, c. 62, §1 (NEW).]
38 M.R.S. § 1402 — ME Code / Title 38 / Chapter 14 / Section 1402
38 §1402. Immunity
Status: repealed

Notwithstanding any provision of law, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean-up or dispose of any such discharge, may be subject to civil liabilities or penalties of any type. [PL 1983, c. 111 (NEW).] Revisor's Note: §1402. Definitions (As reallocated by PL 1983, c. 345, §2 is repealed by PL 1983, c. 500, §4)
38 M.R.S. § 361-A — ME Code / Title 38 / Chapter 3 / Section 361-A
38 §361-A. Definitions
Status: in_force

Unless the context otherwise indicates, the following words when used in any statute administered by the Department of Environmental Protection shall have the following meanings: [PL 1973, c. 423, §1 (RPR).]

1. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of any pollutant to water of the State. [PL 1973, c. 450, §2 (RPR).]

1-A. Coastal streams. [PL 1985, c. 698, §1 (RP).]

1-B. Agricultural activities. "Agricultural activities" means the growing of vegetables, fruits, seeds, nursery crops, poultry, livestock, field crops, cultivated or pasture hay and farm woodlot products, including Christmas trees. [PL 1979, c. 380, §1 (NEW).]

1-B. Aquifer. [PL 1981, c. 470, Pt. A, §163 (RP).]

1-C. Aquifer recharge area. "Aquifer recharge area" means land composed of permeable porous material or rock sufficiently fractured to allow infiltration and percolation of surface water and transmit it to aquifers. [PL 1979, c. 472, §8 (NEW).]

1-D. Aquifer. "Aquifer" means a geologic formation composed of rock or sand and gravel that stores and transmits significant quantities of recoverable water, as identified by the Division of Geology, Natural Areas and Coastal Resources, Maine Geological Survey within the Department of Agriculture, Conservation and Forestry. [PL 2013, c. 405, Pt. C, §19 (AMD).]

1-E. Commissioner. "Commissioner" means the Commissioner of Environmental Protection. [PL 1985, c. 481, Pt. A, §82 (NEW).]

1-F. Affordable housing. "Affordable housing" means dwellings, apartments or other living accommodations for households making at or below 80% of the median household income as determined by the Department of Economic and Community Development. [PL 1987, c. 787, §12 (NEW).]

1-G. Board. "Board" means the Board of Environmental Protection. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §18 (NEW).]

1-H. Department. "Department" means the Department of Environmental Protection composed of the board and the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §18 (NEW).]

1-I. Clean Water Act. "Clean Water Act" means the Federal Water Pollution Control Act, as defined in subsection 1‑K . [RR 1997, c. 2, §63 (COR).]

1-J. Code of Federal Regulations. "Code of Federal Regulations" means the codification of regulations published in the Federal Register by the Federal Government, and includes those regulations effective on or before July 1, 2016. [PL 2017, c. 137, Pt. A, §6 (AMD).]

1-K. Federal Water Pollution Control Act. "Federal Water Pollution Control Act" means federal Public Law 92-500 or 33 United States Code, Sections 1251 et seq., including all amendments effective on or before July 1, 2016. [PL 2017, c. 137, Pt. A, §7 (AMD).]

1-L. CFU. [PL 2021, c. 551, §1 (RP).]

2. Fresh surface waters. "Fresh surface waters" means all waters of the State other than estuarine and marine waters and ground water. [PL 1985, c. 698, §2 (AMD).]

2-A. Ground water. "Ground water" means all the waters found beneath the surface of the earth which are contained within or under this State or any portion thereof, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State. [PL 1979, c. 472, §9 (NEW).]

2-B. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of. [PL 1985, c. 496, Pt. A, §4 (NEW).]

3. Municipality. "Municipality" means a city, town, plantation or unorganized township. [PL 1971, c. 470, §1 (NEW).]

3-A. Nonferrous metal mining. "Nonferrous metal mining" means hard rock mining for base and precious metals including copper, lead, tin, zinc, gold, silver, platinum, paladium and unspecified platinoid metals. "Nonferrous metal mining" does not include thorium or uranium. [PL 1989, c. 874, §6 (NEW).]

3-B. Pollution prevention. "Pollution prevention" means the application of the toxics use reduction principles in chapter 27 to manufacturing, commercial and consumer chemical use and energy production and consumption. [PL 2009, c. 579, Pt. B, §9 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]

3-C. Overboard discharge. "Overboard discharge" has the same meaning as in section 466, subsection 9‑A . [PL 2003, c. 246, §2 (NEW).]

3-D. Publicly owned treatment works. "Publicly owned treatment works" means a device or system for the treatment of pollutants that is owned by the State or a political subdivision thereof, a municipality, a district, a quasi-municipal corporation or another public entity. "Publicly owned treatment works" includes sewers, pipes or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment. [PL 2017, c. 353, §1 (NEW).]

4. Person. "Person" means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity. [PL 1971, c. 470, §1 (NEW).]

4-A. Pollutant. "Pollutant" means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind. [PL 1973, c. 450, §3 (NEW).]

4-A-1. Snow dump. "Snow dump" means a facility that is used for the storage of snow and incidental materials collected from public or private ways. [PL 1979, c. 296, §1 (NEW).]

4-A-2. Road salt and sand-salt storage area. "Road salt and sand-salt storage area" means a facility that is used for the storage and handling of highway deicing materials. [PL 1985, c. 479, §2 (NEW).]

4-B. Surface waste water disposal system. "Surface waste water disposal system" shall mean any system for disposal of waste waters on the surface of the earth, including, but not limited to, holding ponds, surface application and injection systems. [PL 1977, c. 271, §3 (NEW).]

5. Estuarine and marine waters. "Estuarine and marine waters" means those portions of the Atlantic Ocean within the jurisdiction of the State, and all other waters of the State subject to the rise and fall of the tide except those waters listed and classified in sections 467 and 468 . [PL 1987, c. 402, Pt. A, §196 (AMD).]

6. Transfer of ownership. "Transfer of ownership" means a change in the legal entity that owns a property, facility or structure that is the subject of a license issued by the department. [PL 1995, c. 642, §4 (RPR).]

7. Coastal streams. [PL 1973, c. 625, §269 (RP).]

7. Waters of the State. "Waters of the State" means any and all surface and subsurface waters that are contained within, flow through, or under or border upon this State or any portion of the State, including the marginal and high seas, except such waters as are confined and retained completely upon the property of one person and do not drain into or connect with any other waters of the State, but not excluding waters susceptible to use in interstate or foreign commerce, or whose use, degradation or destruction would affect interstate or foreign commerce. [PL 1997, c. 794, Pt. A, §11 (AMD).]
38 M.R.S. § 1681 — ME Code / Title 38 / Chapter 16-C / Section 1681
38 §1681. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, "arsenic-treated wood" means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate, commonly referred to as "CCA," or similar arsenic-based wood-preserving chemical mixtures. [PL 2003, c. 457, §2 (NEW).]
38 M.R.S. § 1045 — ME Code / Title 38 / Chapter 10 / Section 1045
38 §1045. Lease of property; applicable to all sewer districts
Status: in_force

A sewer district may enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and may take all other necessary action, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this section, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes. [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 10 and specifically provides that this subsection or former section 1252, subsection 10 does not apply. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 959 — ME Code / Title 38 / Chapter 6 / Section 959
38 §959. Permits required
Status: in_force

Except as otherwise provided in this chapter, after March 19, 1974, a person may not engage in any use of land or water for which a permit is required under this chapter without first obtaining a permit from the commission and complying with all federal, state and municipal regulations. [PL 1995, c. 171, §10 (AMD).]
38 M.R.S. § 1319-W — ME Code / Title 38 / Chapter 13 / Section 1319-W
38 §1319-W. Rights of action against financial guarantors
Status: in_force

If the owner or operator of a facility permitted under this subchapter is in liquidation, reorganization or adjustment pursuant to the federal Bankruptcy Reform Act of 1978, Public Law 95-598, as amended, or when, with reasonable diligence, jurisdiction in any state court or any federal court can not be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial capacity must be provided under this subchapter may be asserted by the department directly against the guarantor providing evidence of financial capacity. For the purpose of this section, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial capacity for an owner or operator under this subchapter. [PL 1989, c. 794, §8 (NEW).]

1. Rights of guarantor. In any action pursuant to this section, the guarantor is entitled to invoke all rights and defenses that would be available to the owner or operator if any action was brought against the owner or operator by the claimant and that would be available to the guarantor if an action was brought against the guarantor by the owner or operator. [PL 1989, c. 794, §8 (NEW).]

2. Liability. The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial capacity to the board on behalf of the owner or operator under this subchapter. Nothing in this section may be construed to limit any other liability of a guarantor to its owner or operator as established by state or federal statutory, contractual or common law including, but not limited to, the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this section may be construed to diminish the liability of any person under this subchapter or other applicable law. [PL 1989, c. 794, §8 (NEW).]
38 M.R.S. § 495 — ME Code / Title 38 / Chapter 3 / Section 495
38 §495. Standards and classifications -- Article V
Status: in_force

It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.

The commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting 2 or more states. Each signatory state agrees to submit its classification of its interstate waters to the commission for approval. It is agreed that after such approval, all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the commission for classified waters. The commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.
38 M.R.S. § 1310-F — ME Code / Title 38 / Chapter 13 / Section 1310-F
38 §1310-F. Cost sharing
Status: in_force

The commissioner shall administer a closure and remediation cost-sharing program to assist municipalities and other public entities as provided in subsection 3 in the planning and implementation of the closure and remediation orders. The program is subject to the following provisions. [PL 1991, c. 519, §8 (AMD).]

1. Cost-share fraction. [PL 1993, c. 732, Pt. C, §13 (RP).]

1-A. Remediation cost-share fraction. Except as provided under subsection 2 and subject to the availability of funds, the commissioner shall issue grants or payments to eligible municipalities for 90% of the planning and implementation costs of remediation. [PL 2007, c. 655, §9 (AMD).]

1-B. Closure cost-share fraction. Subject to the availability of funds, the commissioner shall issue grants or payments for the following percentages of landfill closure costs incurred by municipalities. A. The state cost share is 75% of closure costs incurred before July 1, 1994. [PL 1997, c. 479, §1 (RPR).] B. The state cost share is 50% of landfill cover costs and 75% of other closure costs incurred on or after July 1, 1994 and before January 1, 1996. [PL 1997, c. 479, §1 (RPR).] C. The state cost share is 30% of landfill cover costs and 75% of other closure costs incurred on or after January 1, 1996 and before January 1, 2000. [PL 1997, c. 479, §1 (RPR).] D. Notwithstanding paragraphs B and C , the state cost share is 75% of closure costs, including landfill cover costs, incurred on or after July 1, 1994 and before January 1, 2000, if: (1) The costs are incurred pursuant to a written agreement between the municipality and the department executed before July 1, 1994; or (2) The commissioner determines that the closure work was delayed for reasons beyond the control of the municipality and the costs are identified in and incurred pursuant to a written agreement between the municipality and the department. [PL 1997, c. 479, §1 (NEW).] E. Notwithstanding paragraphs B , C and D , the state cost share is 75% of closure costs, including landfill cover costs, incurred on or after July 1, 1994 and before December 31, 2025, if: (1) The commissioner originally issued a license on or before September 1, 1989 or accepted a license application for processing on or before September 1, 1989 that was approved by the commissioner within one year of acceptance for processing for operation of the landfill and found that the landfill met the design requirements and environmental protection standards at the time of licensing; and (2) The commissioner has since determined that the landfill or portion of the landfill must be closed based on the finding that the landfill is contaminating groundwater and that corrective actions have not been successful. [PL 2019, c. 93, §1 (AMD).] The state cost share is 0% of landfill closure costs incurred on or after January 1, 2000, except that the commissioner may issue grants or payments as provided in paragraph E or for 30% of those costs if incurred pursuant to an alternative closure commitment executed before January 1, 2000, and if specifically identified in a department order or license, schedule of compliance or consent agreement. As used in this subsection, "landfill cover costs" means the cost of materials and the cost of placement of materials associated with the physical construction of that portion of a cover over a landfill that meets the minimum landfill cover permeability of 1 x 10(-5)cm./sec. and the thickness standards of 40 Code of Federal Regulations, Part 258, Section 258.60(a). [PL 2019, c. 93, §1 (AMD).]

2. Eligibility. A municipality that owns, rents or leases a solid waste landfill for which obligations are required or permitted by this chapter or rules adopted under this chapter is eligible for cost-sharing grants or reimbursement payments. In order to receive reimbursement pursuant to this section, the municipality shall, at a minimum, provide reasonable proof of municipal expenditures as the department may require, as well as certification signed by the municipal officers that, to the best of their knowledge and the knowledge of all the pertinent municipal officials, closure activities were performed in accordance with the applicable standards established by section 1310‑E‑1 and remediation activities were performed in accordance with a plan approved or issued by the department. A municipality that has spent funds to close its solid waste landfill or to remedy environmental and public health hazards posed by the landfill prior to the adoption of a closure or remediation plan under this subchapter or that closed a landfill or remediated environmental or public health hazards posed by a landfill is also eligible for reimbursement of closure or remediation costs incurred after February 1, 1976, as long as the closure or remediation actions were in conformance with all applicable laws or rules in effect at the time. Costs incurred by closure or remediation actions taken after the adoption of a closure or remediation plan under this subchapter are eligible for reimbursement only if those actions conform to that plan. Grant or reimbursement payments may not be made to a municipality for a portion of payments to settle civil or criminal judgments against that municipality for damages or injuries caused by the landfill. In addition, for landfills in operation prior to January 1, 1993, grant payments may not be made to a municipality for remediation to mitigate a threat posed by that landfill to structures built after January 1, 1994 by that municipality, the county in which that municipality is located, a school administrative unit as defined in Title 20‑A, section 1 , a quasi-municipal corporation as defined in Title 30‑A, section 2351 or a special district as defined in Title 30‑A, section 5704 that includes any portion of the municipality unless the commissioner determines that the municipality could not have reasonably anticipated the threat. Any interest paid by a municipality prior to reimbursement on a municipal bond or commercial bank note issued to raise funds for remediation and closure activities is a cost eligible for reimbursement under this section. Unless otherwise directed by the terms of a bond issue approved by the voters, the commissioner shall use at least 1/3 of the funds approved by the voters for municipalities eligible for reimbursement of closure and remediation costs eligible under this subsection until all those municipalities have been reimbursed. The remainder of the available funds must be allocated in an equitable manner so that, at a minimum, an adequate cap is constructed over all identified high-risk landfills subject to closure. The department shall issue, upon the request of a municipality, a notice in writing that projects to a date certain the availability of cost-sharing funds for which the municipality is eligible. The inability or failure of the department to issue a written projection to a date certain means that the cost-sharing funds are not available for the foreseeable future. A landfill that is privately owned and operated is not eligible for reimbursement under this subchapter. A. The commissioner may act to abate public health, safety and environmental threats at municipal solid waste landfills identified as uncontrolled hazardous substance sites under section 1362, subsection 3 or at federally declared Superfund sites. Notwithstanding subsections 1‑A and 1‑B , the commissioner shall determine the amount of grants or payments issued to municipalities for the costs of remediation and closure at those sites. [PL 1997, c. 479, §2 (AMD).] B. The commissioner may enter into contracts with the Maine Municipal Bond Bank to manage bonds issued under this article, as long as the management fee structure does not allow dilution of the bond principal. [PL 1995, c. 462, Pt. A, §77 (RPR).] C. In a circumstance where the department finds that further closure or remediation activities are required for a landfill because the landfill was not closed in accordance with the standards of closure that the municipal officers certified to the department pursuant to this subsection and further finds that the certification was a negligent misrepresentation of a material fact results in the ineligibility of the municipality for cost sharing for the additional activities that may be required as a result of the nonperformance of the previously certified activities. [PL 1995, c. 462, Pt. A, §77 (RPR).] D. A municipality that is eligible or authorized by the department to use the closing procedure established in section 1310‑E‑1, subsection 1 , 2 or 3 is not eligible for reimbursement of costs associated with closing activities that are more stringent than the minimum required by that section unless those additional activities are approved in writing by the department. [PL 1995, c. 462, Pt. A, §77 (RPR).] E. If the municipality has taken reasonable steps to anticipate and abate threats posed by a municipal landfill, a municipality is eligible to receive a maximum reimbursement of 50% of the remediation costs related to any threat posed by the municipal landfill to wells or other structures constructed after December 31, 1999. [PL 1999, c. 334, §11 (NEW).] [PL 2001, c. 315, §3 (AMD).]

3. Sanitary and refuse disposal districts. Any of the following public entities owning or operating a solid waste landfill is eligible for reimbursement of closure or remediation costs incurred after February 1, 1976, if the closure or remediation actions were in conformance with all applicable laws or rules in effect at the time: A. A sanitary district created under chapter 11 or by special act of the Legislature; or [PL 1991, c. 66, Pt. A, §36 (RPR).] B. A regional association as defined in section 1303‑C, subsection 24 . [PL 1991, c. 66, Pt. A, §36 (RPR).] [PL 1991, c. 519, §11 (AMD).]

4. Insurance. Notwithstanding subsection 1‑B , the commissioner may not issue a grant or reimbursement payment under this section to a municipality for the costs of closure unless the municipality demonstrates to the commissioner that each person who performs work to implement the closure plan is self-insured or is covered by a workers' compensation insurance policy in accordance with Title 39‑A . [PL 1993, c. 732, Pt. C, §16 (AMD).]

5. Audit. A municipality or other public entity receiving grants or reimbursement payments shall include the remediation or closure project in its annual independent audit to provide assurance of the proper expenditure of state funds. A copy of this audit must be provided in a timely manner to the solid waste closure and remediation program of the Department of Environmental Protection. [PL 1993, c. 732, Pt. C, §17 (AMD).]

6. Contract enforcement. At the request of a recipient of state funds under this section, the commissioner may provide technical assistance and, through the Attorney General, legal assistance in the administration or enforcement of any contract entered into by or for the benefit of the recipient in connection with a landfill closure and remediation project assisted by these funds. When state funds have been disbursed pursuant to this section, the State, acting through the Attorney General, has a direct right of action against the recipient of the funds, or a contractor, subcontractor, architect, engineer or manufacturer of equipment purchased with the funds, to recover the funds which may be properly awarded as actual damages in an action alleging negligence or breach of contract. [PL 1995, c. 642, §8 (NEW).]
38 M.R.S. § 2153 — ME Code / Title 38 / Chapter 24 / Section 2153
38 §2153. Siting criteria
Status: in_force

1. Siting criteria. With regard to state-owned facilities, the bureau shall administer rules adopted by the former Maine Waste Management Agency, Office of Siting and Disposal Operations and subsequently administered by the former State Planning Office pursuant to this subsection for siting criteria for solid waste disposal facilities. The bureau may revise rules as necessary based on the following factors. A. A site may be located anywhere within the State and need not be in proximity to the site of waste generation. [PL 1991, c. 794, §2 (AMD).] A-1. Sites for the disposal of special waste may not be located within a 5-mile radius of an existing commercial special waste landfill or a commercial incineration facility. [PL 1995, c. 465, Pt. A, §62 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] B. To the extent possible, a site must be located in proximity to the transportation systems, including existing or potential railroad systems, that are used to convey waste to the site or to convey residuals and materials to be recycled from the site. [PL 1991, c. 794, §2 (AMD).] C. The capacity or size of a site must be consistent with the projected demand as determined in the state plan. [PL 1989, c. 585, Pt. A, §7 (NEW).] D. A site and its considered use must be consistent with, and actively support, other waste management objectives, including waste reduction and recycling. [PL 1989, c. 585, Pt. A, §7 (NEW).] E. The projected price for site development, construction and operation must be fair and reasonable. [PL 1989, c. 585, Pt. A, §7 (NEW).] F. A site must meet preliminary environmental standards developed jointly by the department and the Maine Land Use Planning Commission, including ground water standards, geological standards and standards to protect public drinking water supplies. [PL 1991, c. 794, §2 (AMD); PL 2011, c. 682, §38 (REV).] G. Existing uses on adjacent properties, including public or private schools, may not be in significant conflict with or significantly jeopardized by the use of a site. [PL 1991, c. 794, §2 (AMD).] [PL 2011, c. 655, Pt. GG, §40 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF); PL 2011, c. 682, §38 (REV).]
38 M.R.S. § 480-BB — ME Code / Title 38 / Chapter 3 / Section 480-BB
38 §480-BB. Significant wildlife habitat; major substantive rules
Status: in_force

The Department of Inland Fisheries and Wildlife shall adopt rules that define "significant vernal pool habitat," "high and moderate value waterfowl and wading bird habitat," "shorebird nesting, feeding and staging areas" and "habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 " under section 480‑B, subsection 10, paragraph B . The Department of Environmental Protection shall adopt rules regarding the criteria used to determine whether an area is significant vernal pool habitat, high and moderate value waterfowl and wading bird habitat, shorebird nesting, feeding and staging areas or habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 under section 480‑B, subsection 10, paragraph B . The rules, as applicable, must: [PL 2023, c. 156, §3 (AMD).]

1. Definition of buffer area. Include a definition of the buffer area to be regulated; [PL 2005, c. 116, §5 (NEW).]

1-A. Significant vernal pool habitat; definitions. With respect to significant vernal pool habitat, define: A. "Critical terrestrial habitat" to mean uplands and wetlands associated with significant vernal pools used by pool-breeding amphibians for migration, feeding and hibernation, in particular, forested wetlands and forested uplands that provide deep organic litter, coarse woody debris and canopy shade; [PL 2025, c. 338, §1 (NEW).] B. "Significant vernal pool habitat" to mean a significant vernal pool and that portion of the critical terrestrial habitat within 250 feet of the spring or fall high-water mark of the vernal pool depression; and [PL 2025, c. 338, §1 (NEW).] C. "Significant vernal pool protection zone" to mean that portion of the critical terrestrial habitat within 100 feet of the spring or fall high-water mark of a significant vernal pool depression. With respect to habitat management standards for significant vernal pool habitat, the rule must require no disturbance within the significant vernal pool depression and the significant vernal pool protection zone to the greatest extent practicable; [PL 2025, c. 338, §1 (NEW).] [PL 2025, c. 338, §1 (NEW).]

2. Certain landowners not subject to regulation. Provide the following exemptions to regulation. A. [PL 2025, c. 338, §2 (RP).] B. If a vernal pool depression is bisected by a property boundary and a landowner proposing to cause an impact does not have permission to enter the abutting property, only that portion of the vernal pool depression located on property owned or controlled by that landowner may be considered in determining whether the vernal pool is significant. A written department determination that a vernal pool is not significant pursuant to this paragraph remains valid regardless of timeframe. Where the critical terrestrial habitat for a significant vernal pool is bisected by one or more property boundaries, the critical terrestrial habitat located on a property that does not contain the vernal pool depression must be afforded the same habitat protections under the rule as the critical terrestrial habitat located on the property that contains the vernal pool depression. [PL 2025, c. 338, §2 (AMD).] C. Rules adopted under this section may not require an applicant for a license for a working waterfront activity on working waterfront land that is part of a state or federal brownfields program or a voluntary response action program under section 343‑E to compensate for lost habitat function with a function of equal or greater value or to provide a compensation fee pursuant to section 480‑Z ; [PL 2013, c. 231, §5 (NEW).] [PL 2025, c. 338, §2 (AMD).]

3. Department of Environmental Protection must provide written field determination. Require that the Department of Environmental Protection provide a written field determination upon the request of a landowner whose land may be affected by the definitions and criteria adopted in a rule; [PL 2005, c. 116, §5 (NEW).]

4. Department of Environmental Protection may not assess fine in certain cases. Provide that the Department of Environmental Protection may not assess a fine against a landowner who acted in accordance with a written field determination if the fine would be based solely on information in the written field determination; [PL 2011, c. 362, §2 (AMD).]

4-A. Identification of significant vernal pools; drying. Provide that, when a vernal pool habitat has not previously been determined to be significant and the department or the Department of Inland Fisheries and Wildlife makes a determination concerning whether the vernal pool habitat is significant, either department may determine that the vernal pool habitat is not significant if: A. The vernal pool is located in northern Maine and dries out after filling and before July 15th; or [PL 2025, c. 338, §3 (NEW).] B. The vernal pool is located in southern Maine and dries out after filling and before July 1st; [PL 2025, c. 338, §3 (NEW).] [PL 2025, c. 338, §3 (NEW).]

5. Process for voluntary identification. Include a process for a landowner to voluntarily identify the landowner's land as a significant vernal pool habitat and to provide the Department of Inland Fisheries and Wildlife the authority to map the significant vernal pool habitat; and [PL 2011, c. 362, §3 (AMD).]

6. Artificial vernal pool. Explicitly provide that an artificial vernal pool is exempt from regulation as long as the vernal pool was not created in connection with a compensation project pursuant to section 480‑Z . [PL 2011, c. 362, §4 (NEW).]

Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 116, §5 (NEW).]
38 M.R.S. § 1741 — ME Code / Title 38 / Chapter 17 / Section 1741
38 §1741. Surplus revenues
Status: in_force

If, at the end of any fiscal year, the district has realized a surplus from operations for the fiscal year, after payment of or provision for all current expenses, current maintenance, repairs and replacements, current debt service on all outstanding bonds and notes of the district, all reserves for debt service, repairs and replacements, costs or current expenses as may be required by a trust agreement or resolution securing bonds or notes or as may otherwise be maintained by the district, and any other amounts which the district may be obligated by law or contract to pay or provide for, the district shall either: [PL 1983, c. 820, §2 (NEW).]

1. Reduction in charges. Apply the surplus in the next following fiscal year to a reduction in the rates, fees, rents or other charges established by the district for services provided; or [PL 1983, c. 820, §2 (NEW).]

2. Reduction of capital debt. Apply the surplus to the reduction or provision for reduction of its outstanding capital debt. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 975 — ME Code / Title 38 / Chapter 7 / Section 975
38 §975. Intermixed logs and timber; lien for expenses; libel
Status: in_force

A person whose timber in any waters of the State is so intermixed with the logs, masts or spars of another that it cannot be conveniently separated for the purpose of being floated to the market or place of manufacture may drive all timber with which the person's own is so intermixed toward such market or place, when no special and different provision is made by law for driving it; and is entitled to a reasonable compensation from the owner, to be recovered after demand therefor on the owner or agent, if known, in a civil action. The person authorized to drive the timber under this section has a prior lien thereon until 30 days after it arrives at its place of destination to enable the person authorized to drive the timber under this section to attach it. If the owner cannot be ascertained, the property may be libeled according to law and enough of it disposed of to defray the expenses thereof, the amount to be determined by the court hearing the libel. [RR 2021, c. 2, Pt. B, §262 (COR).]
38 M.R.S. § 1318-B — ME Code / Title 38 / Chapter 13 / Section 1318-B
38 §1318-B. Procedures for removal of discharges of hazardous matter
Status: in_force

1. Reporting. Except as provided in this subsection, the responsible party or person causing the discharge shall report a discharge immediately to the Department of Public Safety, which shall immediately notify the Commissioner of Environmental Protection and the public safety agency of the municipality in which the discharge takes place. Upon submission to the commissioner of a written spill prevention control and clean-up plan that meets the criteria of section 1318‑C, subsection 1 , a discharge containing a hazardous matter that is covered by the plan must be reported only if the discharge equals or exceeds the applicable reportable quantity for that particular hazardous matter as specified in Code of Federal Regulations, Title 40, Parts 302.4, 302.5 and 302.6 (b)(1), revised as of July 1, 2002, or when the discharge extends or spreads beyond the area on the site covered by the spill prevention control and clean-up plan. [PL 2005, c. 330, §33 (AMD).]

2. Preservation of public order. The local public safety agency shall exercise authority for preservation of public order and safety, shall coordinate the response to the spill and shall be reimbursed under section 1318‑A . The Department of Public Safety shall exercise this authority in those areas of the State without a local public safety agency, or in any situation in which a local public safety agency requests assistance from the Department of Public Safety. [PL 1989, c. 317, §2 (AMD).]

3. Commissioner of Environmental Protection to direct removal. The Commissioner of Environmental Protection shall have authority and responsibility to plan, implement and, with the cooperation of the appropriate public safety agency, direct that part of the response to a discharge of hazardous matter that involves removal. A. The responsible party or person causing the discharge shall immediately undertake removal of the discharge. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §255 (AMD).] B. The commissioner may undertake the removal of the discharge and may retain agents and make contracts for this purpose. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §255 (AMD).] C. Any unexplained discharge of hazardous matter occurring within state jurisdiction, or on land or in water or air beyond state jurisdiction that for any reason penetrates within state jurisdiction, must be removed by or under the direction of the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §255 (AMD).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §255 (AMD).]

4. Limited liability for responders. A person who voluntarily, without expectation of monetary or other compensation, assists or advises the commissioner in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous matter is not liable for removal costs, damages, injuries, civil liabilities or penalties that result from actions taken or omitted in the course of rendering assistance or advice in accordance with the directions of the commissioner. This liability limitation does not apply: A. If the person is grossly negligent or engages in willful misconduct; or [PL 1995, c. 642, §11 (NEW).] B. To a person who caused the discharge or threatened discharge or otherwise is determined to be a responsible party. [PL 1995, c. 642, §11 (NEW).] [PL 1995, c. 642, §11 (NEW).]
38 M.R.S. § 541 — ME Code / Title 38 / Chapter 3 / Section 541
38 §541. Findings; purpose
Status: in_force

The Legislature finds and declares that the highest and best uses of the seacoast of the State are as a source of public and private recreation and solace from the pressures of an industrialized society, and as a source of public use and private commerce in fishing, lobstering and gathering other marine life used and useful in food production and other commercial activities. [PL 1969, c. 572, §1 (NEW).]

The Legislature further finds and declares that the preservation of these uses is a matter of the highest urgency and priority and that such uses can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches and public lands adjoining the seacoast in as close to a pristine condition as possible taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests with the least possible conflicts in such diverse uses. [PL 1969, c. 572, §1 (NEW).]

The Legislature further finds and declares that the transfer of oil, petroleum products and their by-products between vessels and vessels and onshore facilities and vessels within the jurisdiction of the State and state waters and the transportation and other handling of oil in inland areas of the State are hazardous undertakings; that spills, discharges and escape of oil, petroleum products and their by-products occurring as a result of procedures involved in the transfer, storage and other handling of such products pose threats of great danger and damage to the marine, estuarine, inland surface water and adjacent terrestrial environment of the State; to owners and users of shorefront property; to public and private recreation; to citizens of the State and other interests deriving livelihood from marine and inland surface water related activities; and to the beauty of the Maine coast and inland waters; that such hazards have frequently occurred in the past, are occurring now and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the State as set forth in this subchapter and that such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in transferring and other handling of oil, petroleum products and their by-products and related activities. [PL 1985, c. 496, Pt. A, §5 (AMD).]

The Legislature intends by the enactment of this legislation to exercise the police power of the State through the Department of Environmental Protection by conferring upon the department the power to deal with the hazards and threats of danger and damage posed by such transfers and related activities; to require the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby persons suffering damage from those occurrences may be promptly made whole; and to establish a fund to provide for the inspection and supervision of those activities and guarantee the prompt payment of reasonable damage claims resulting therefrom. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §106 (AMD).]

The Legislature further finds and declares that the preservation of the public uses referred to in this subchapter is of grave public interest and concern to the State in promoting its general welfare, preventing disease, promoting health and providing for the public safety, and that the state's interest in such preservation outweighs any burdens of absolute liability imposed by the Legislature upon those engaged in transferring or other handling of oil, petroleum products and their by-products and related activities. [PL 1985, c. 496, Pt. A, §5 (AMD).]
38 M.R.S. § 42 — ME Code / Title 38 / Chapter 1 / Section 42
38 §42. Duties; vessels arriving
Status: in_force

When requested by any person interested, port wardens shall proceed on board of any vessel on her arrival in port and survey her hatches and notice if they are properly caulked and secured, and if they have been opened by some person not a port warden, that fact shall be noticed, and all the facts in relation to the hatches of said vessel shall be entered in the official record. They shall examine the condition and stowage of the cargo of any vessel, and if any portion of it is found to be damaged, they shall inquire into and ascertain the cause thereof, and make a memorandum of the same, noting particularly the marks and numbers of each damaged package, and shall enter the same in full in the records of their office. For the purpose of ascertaining the extent of said damage, they shall examine goods, wares or merchandise of any description in any warehouse or store, or on any wharf or at any place where the same are, provided said goods, wares or merchandise are part of the cargo and are claimed to be damaged. They shall note particularly the marks and numbers of every package examined by them and the extent of the damage received, and all the facts in relation thereto shall be entered in the records of their office.
38 M.R.S. § 1726 — ME Code / Title 38 / Chapter 17 / Section 1726
38 §1726. Responsibility to accept solid waste
Status: in_force

1. Time of responsibility. The district becomes responsible for providing a system for solid waste disposal when its board of directors declares the disposal system operational. [PL 1983, c. 820, §2 (NEW).]

2. Types of waste. The district shall provide a system for disposal of all solid waste generated by residential and commercial activities within the member municipalities. To the extent requested by member municipalities, the district shall also provide for the disposal of compatible solid waste from industrial activities within a member municipality to the same extent the municipality is providing a system of solid waste disposal at the date of its vote to join the district, provided that the industrial waste is disposed of at no cost to other member municipalities. Following formation of the district, the board of directors may allow for the disposal of the waste of any other industrial activities within a member municipality. The district may provide for the disposal of sludge through contract with a member municipality or quasi-municipal corporation serving the member municipality, provided that the sludge is disposed of at no cost to the other member municipalities. The district may provide for the disposal of any or all demolition and construction waste or yard waste from any member municipality. The district may contract with a nonmember municipality or a private entity for the disposal of solid waste generated within or outside the boundaries of the district. The district may provide for disposal of any hazardous waste generated from district operations. [PL 1983, c. 820, §2 (NEW).]

3. Collection sites or systems. Each member municipality shall be responsible for providing a collection site or system for the solid waste generated within the member municipality and for the transportation of the solid waste to the waste facility designated by the district, together with all incident costs. Any member municipality may contract with the district to provide collection and transportation services. [PL 1983, c. 820, §2 (NEW).]

4. Refusal of material; damages. The district may refuse to accept any material which does not meet the definition of solid waste from residential, commercial or industrial activities. [PL 1983, c. 820, §2 (NEW).]

5. Disposal. Disposal shall be in accordance with the environmental statutes administered by the department. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 584-F — ME Code / Title 38 / Chapter 4 / Section 584-F
38 §584-F. Air quality health warnings
Status: in_force

1. Dissemination of warnings to media and public. Whenever the department predicts that ambient air concentrations of a pollutant will reach the United States Environmental Protection Agency's Air Quality Index category of Unhealthy for Sensitive Groups or a higher category, the department shall disseminate a health warning to the mass media, including but not limited to television, radio and print media, and shall urge the media to issue the warning to the general public. The department shall use best efforts to educate the media as to the need to broadly disseminate health warnings to the public. In disseminating a warning under this subsection, the department shall also use the most appropriate technology available to disseminate health warnings directly to the public. [PL 2023, c. 496, §1 (AMD).]

2. Daily ground-level ozone concentration information. The department shall provide information to the public on daily ground-level ozone concentrations by a toll-free ozone information telephone hotline or through other appropriate technology. [PL 2023, c. 496, §1 (AMD).]
38 M.R.S. § 1281 — ME Code / Title 38 / Chapter 12-A / Section 1281
38 §1281. Emergency provisions
Status: in_force

In an emergency that results from a sudden, unexpected event that is not a planned asbestos abatement project, including the emergency repair, installation, removal or servicing of heating equipment in single-unit residential buildings by persons licensed by the Maine Fuel Board under Title 32, chapter 139 , the commissioner may waive the requirements for a license or certificate under this chapter. For the purposes of this section, emergency includes a sudden unexpected event that, if not immediately attended to, presents a safety or health hazard; operations necessitated by nonroutine failures of equipment or to protect equipment from damage; and actions of fire and emergency medical personnel pursuant to duties within their official capacities. Any person who performs an asbestos abatement activity, which activity would normally require notification pursuant to section 1273, subsection 2, under emergency conditions, shall notify the commissioner by phone within one working day and in writing within 3 days after performance of that activity. [PL 2009, c. 344, Pt. D, §13 (AMD); PL 2009, c. 344, Pt. E, §2 (AFF).]
38 M.R.S. § 1705 — ME Code / Title 38 / Chapter 17 / Section 1705
38 §1705. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 820, §2 (NEW).]

1. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §275 (RP).]

1-A. Agency. [PL 1995, c. 656, Pt. A, §27 (RP).]

2. Demolition and construction waste. "Demolition and construction waste" means all solid waste generated in the demolition and construction of buildings and other structures, including stumps, brush, plaster, sheetrock, boards, bricks, mortar, concrete and roofing materials except asbestos. [PL 1983, c. 820, §2 (NEW).]

3. Department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §275 (RP).]

4. Disposal. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water in a manner such that the solid waste, or any constituent of the solid waste, may enter the environment or be emitted into the air or discharged into any water, including ground waters. [PL 1983, c. 820, §2 (NEW).]

5. Disposal property. "Disposal property" means property used for disposal. [PL 1983, c. 820, §2 (NEW).]

6. District. "District" and "disposal district" means any district formed under this chapter. [PL 1983, c. 820, §2 (NEW).]

7. Generation. "Generation" means the act or process of producing solid waste. [PL 1983, c. 820, §2 (NEW).]

8. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, reduce, recover, incinerate, treat or dispose of. [PL 1983, c. 820, §2 (NEW).]

9. Municipal officer. "Municipal officer" means municipal officer as defined in Title 30‑A, section 2001 , and includes the assessors of a plantation and county commissioners acting on behalf of the residents of any unorganized territory within their county under Title 30‑A, chapter 305 . [PL 1991, c. 517, Pt. B, §3 (AMD).]

9-A. Municipality. "Municipality" means municipality as defined in Title 30‑A, section 2001 , and includes plantations and unorganized territories. [PL 1991, c. 517, Pt. B, §4 (NEW).]

9-B. Office. [PL 2011, c. 655, Pt. GG, §21 (RP); PL 2011, c. 655, Pt. GG, §70 (AFF).]

10. Resource conservation. "Resource conservation" means the reduction of amounts of solid waste which is generated and the reduction of overall resource consumption. [PL 1983, c. 820, §2 (NEW).]

11. Resource recovery. "Resource recovery" means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes and the conversion of waste to energy. [PL 1983, c. 820, §2 (NEW).]

12. Revenues. "Revenues" means the proceeds of bonds, all revenues, rates, tolls, assessments, rents, tipping fees, transportation charges and other charges and receipts derived by the district from the operation of a waste facility and other properties, including, but not limited to, investment earnings and the proceeds of insurance, condemnation, sale or other disposition of properties, and must include proceeds from assessments where the power of assessment has been granted to the district under section 1755 . [PL 1993, c. 310, Pt. C, §1 (AMD).]

13. Solid waste. "Solid waste" means useless, unwanted or discarded, nonhazardous solid materials with insufficient liquid content to be free flowing, including, but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse. "Solid waste" does not include septic tank sludge or agricultural waste. A. Solid waste from "residential activities" includes any solid waste generated by a household or apartment, including, but not limited to, food waste, packaging, newspaper and other paper products, glass, cans and plastic, and similar types of waste generated by employees of commercial and industrial activities. [PL 1983, c. 820, §2 (NEW).] B. Solid waste from "commercial activities" includes any solid waste generated by retail and wholesale establishments, including, but not limited to, food waste, corrugated containerboard, metals and plastics. [PL 1983, c. 820, §2 (NEW).] C. Solid waste from "industrial activities" includes any solid waste generated by an industry as part of the production process. Solid waste generated by employees and similar in composition to that generated by residential or commercial activities is excluded from this definition. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]

14. Transport. "Transport" means the movement of solid waste from the point of generation to any intermediate points and finally to the point of ultimate disposition. [PL 1983, c. 820, §2 (NEW).]

15. Waste facility. "Waste facility" means any land area, structure, location or equipment, or combination of them, including landfills, used for handling solid waste and for resource conservation and resource recovery, when utilized. [PL 1983, c. 820, §2 (NEW).]

16. Waste management. "Waste management" means purposeful, systematic and unified control of the handling, transportation and disposal of solid waste. [PL 1983, c. 820, §2 (NEW).]

17. Yard waste. "Yard waste" means grass clippings, leaves and brush. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1026 — ME Code / Title 38 / Chapter 9 / Section 1026
38 §1026. Extension of herring weirs and wharves; shore owner's consent
Status: in_force

No fish weir, trap or wharf shall be extended, erected or maintained except in accordance with this chapter. No fish weir, trap or wharf shall be erected or maintained in tidewaters below low-water mark in front of the shore or flats of another without the owner's consent, under a penalty of $50 for each offense, to be recovered in a civil action by the owner of said shore or flats. This chapter applies to all herring weirs and traps, but does not apply to other weirs or traps, the materials of which are chiefly removed annually, provided such weirs or traps do not obstruct navigation nor interfere with the rights of others. This section shall not affect any wharves so erected or maintained on the 21st day of April, 1901.
38 M.R.S. § 717 — ME Code / Title 38 / Chapter 5 / Section 717
38 §717. --restrictions
Status: in_force

No new complaint shall be brought until one month after the payment of the preceding year is due and one month after notice to the other party. The other party may within that time make an offer or tender as is provided.
38 M.R.S. § 101 — ME Code / Title 38 / Chapter 1 / Section 101
38 §101. Surrender of revoked or suspended license
Status: in_force

1. Surrender of revoked or suspended license. A pilot whose license has been revoked or suspended shall surrender the license to the commission, which shall retain it until the period of the pilot's suspension expires. A pilot whose license has been revoked or suspended who refuses to surrender the license on demand commits a civil violation for which a fine of not more than $5,000 for each week after the demand that the pilot refuses to surrender the license may be adjudged. [PL 2003, c. 452, Pt. W, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Continuing to pilot after revocation or suspension. A pilot whose license has been revoked or suspended who continues to pilot commits a civil violation for which a fine of not more than $5,000 for each vessel piloted without a license may be adjudged. [PL 2003, c. 452, Pt. W, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Publication. The commission may cause to be published in a newspaper of general circulation published in the State a notice that that person has no authority to act as a pilot unless and until reinstated by law. [PL 2003, c. 452, Pt. W, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
38 M.R.S. § 490-DD — ME Code / Title 38 / Chapter 3 / Section 490-DD
38 §490-DD. Municipal enforcement; registration
Status: in_force

A municipality may 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 whether 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 the variance is valid. [PL 1995, c. 700, §35 (NEW).]

1. Relation to home rule. This section may not be construed to limit a municipality's authority under home rule to adopt ordinances regulating quarries. [PL 1995, c. 700, §35 (NEW).]

2. Optional participation. This article may not be construed to require a municipality to adopt any ordinance. [PL 1995, c. 700, §35 (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 1995, c. 700, §35 (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 1995, c. 700, §35 (NEW).]
38 M.R.S. § 1731 — ME Code / Title 38 / Chapter 17 / Section 1731
38 §1731. Powers
Status: in_force

Each disposal district formed under this chapter shall have the power, within the district and without the district, to provide for the planning, construction, equipping, operation and maintenance of facilities for the handling of solid waste, including resource recovery and resource conservation; to provide for refuse collection services; to provide for conversion of waste to one or more forms of energy and for the transmission thereof; to generate revenues from those activities and to make contracts with persons, firms, corporations, partnerships, limited partnerships and other entities, whether private, public or municipal, in relation thereto, all as may be necessary or proper; and, in general, to do any or all other things necessary or incidental for the exercise of its powers or to the accomplishment of the purposes of the district. [PL 1983, c. 820, §2 (NEW).]

The power to make contracts includes, but is not limited to, the power: [PL 1983, c. 820, §2 (NEW).]

1. Contract with experts. To contract with architects, engineers, financial and legal consultants and other experts for services; [PL 1983, c. 820, §2 (NEW).]

2. Contracts for operation. To contract with persons, firms, corporations, limited partnerships, partnerships, associations, authorities and agencies for the operation of waste facilities and for services relating to the disposal of solid waste, resource conservation and resource recovery, including the conversion of waste to energy and the transmission thereof; [PL 1983, c. 820, §2 (NEW).]

3. Contracts for handling of waste. To contract for the handling of solid waste on the basis of guaranteed amounts, whether delivered for disposal and accepted for disposal or not, of solid waste, with payments based on the guaranteed amounts, whether actually disposed of or not, which payments may be variable and may be determined by formulas expressed in those contracts; [PL 1983, c. 820, §2 (NEW).]

4. Contracts with government. To contract with the State, the United States or any subdivision or agency thereof for services; [PL 1983, c. 820, §2 (NEW).]

5. Contracts with member municipalities. To contract with any member municipality for the services of any officers or employees of that municipality useful to it; [PL 1983, c. 820, §2 (NEW).]

6. Real and personal property. To purchase, sell, lease, acquire, convey, mortgage, improve and use real and personal property in connection with the purposes of the district; [PL 1983, c. 820, §2 (NEW).]

7. Energy. To make agreements pertaining to the generation, transmission and sale of energy; [PL 1983, c. 820, §2 (NEW).]

8. Staff; employment. To employ and establish salaries and qualifications for such professional, clerical and administrative staff personnel as may be necessary or convenient to the operation of the district; and [PL 1983, c. 820, §2 (NEW).]

9. Use of bidding processes. To make contracts, to issue bonds, notes or other debt instruments under subchapter IV , and to deal generally with 3rd parties which shall include the power to use a negotiated or competitive bidding process or any other process which may be advantageous to the district, and determination of the process to be used shall be made by and at the discretion of the directors of the district. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1156 — ME Code / Title 38 / Chapter 11 / Section 1156
38 §1156. Entry of private sewer
Status: in_force

A person may enter the person's private sewer into any sewer of a sanitary district formed under this chapter while the same is under construction and before completion of such sewer at the point of entry, on obtaining a permit in writing from the trustees of the district; but after the sewer is completed to the point of entry and an entrance charge established on that location, a person may not enter the person's private sewer into such sewer until the person has paid the entrance charge and obtained a permit in writing from the trustees. All such permits must be recorded by the clerk of the district in its records before the same are issued. [RR 2021, c. 2, Pt. B, §275 (COR).]
38 M.R.S. § 714 — ME Code / Title 38 / Chapter 5 / Section 714
38 §714. Execution sale of land and mill
Status: in_force

The execution on such judgment, if not paid, may at any time within 30 days be levied on the premises subject to the lien. The officer may sell the same at public auction, or so much thereof in common with the residue as is necessary to satisfy the execution, proceeding in giving notice of such sale as in selling an equity of redemption on execution. Such sale is effectual against all persons claiming the premises by any title which accrued within the time covered by the lien.
38 M.R.S. § 2013 — ME Code / Title 38 / Chapter 23 / Section 2013
38 §2013. Priority watershed protection grants program
Status: in_force

A priority watershed protection grants program is established, to be administered by the department, for the purpose of providing financial assistance to entities to conduct projects that implement best management practices or other management measures in order to reduce or eliminate nonpoint source pollution in surface waters of the State. Funding may not be used to pay salaries of state agency staff. [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).]

1. Project elements. Each project proposal must either create a watershed management plan or implement an existing plan. A plan must include the following elements: A. An assessment of water quality and uses of water bodies within the watershed; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] B. An inventory of the types of land uses and the types and severity of nonpoint source pollution in the watershed; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] C. An evaluation of the types and severity of other factors that may be affecting water quality; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] D. A determination of nonpoint source pollution controls and measures necessary to improve or protect water quality; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] E. An implementation strategy to address nonpoint sources of pollution in the watershed that includes costs and schedules for implementing best management practices or other management measures and agreements outlining responsibilities for meeting this strategy; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] F. Actions to inform eligible landowners of the importance of utilizing best management practices on a voluntary or cost-shared basis; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] G. An objective evaluation of the plan following implementation; and [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] H. Actions to achieve self-sustaining financial support of the plan. [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).]

2. Project approval. The board shall approve funding for projects based on the following preferences, considering public comments on project proposals that have been submitted to the board: A. [PL 2011, c. 655, Pt. EE, §25 (RP); PL 2011, c. 655, Pt. EE, §30 (AFF).] B. Projects that demonstrate extensive local support in either funding or services; [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] C. Projects that seek to solve current pollution problems and plan for future protection of resources; and [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] D. Projects that create techniques, products or information that can be of use in more than one setting or in other projects in the State. [PL 1997, c. 519, Pt. B, §1 (NEW); PL 1997, c. 519, Pt. B, §3 (AFF).] [PL 2011, c. 655, Pt. EE, §25 (AMD); PL 2011, c. 655, Pt. EE, §30 (AFF).]
38 M.R.S. § 282 — ME Code / Title 38 / Chapter 1 / Section 282
38 §282. Endangering persons or property
Status: in_force

Whoever operates any watercraft, vessel, water skis, surfboard, similar device or motorboat, however propelled, upon the tidewaters of any municipality or upon any of the offshore waters within the jurisdiction of this State in a manner which endangers any person or property shall be guilty of a Class E crime. [PL 1977, c. 696, §337 (RPR).]
38 M.R.S. § 708 — ME Code / Title 38 / Chapter 5 / Section 708
38 §708. Commissioners' report for jury
Status: in_force

If either party requests that a jury may be impaneled to try the cause, the report of the commissioners shall, under the direction of the court, be given in evidence to the jury; but evidence shall not be admitted to contradict it, unless misconduct, partiality or unfaithfulness on the part of some commissioner is shown.
38 M.R.S. § 1396 — ME Code / Title 38 / Chapter 13-D / Section 1396
38 §1396. Financial assistance for upgrading aboveground oil storage tanks or facilities
Status: in_force

The commissioner may disburse money from the Maine Ground and Surface Waters Clean-up and Response Fund to retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage facilities in a wellhead protection zone when the commissioner determines that action is necessary to abate an imminent threat to the well. Disbursements must be made in the manner provided under section 551, subsection 5, paragraphs N and O and are subject to the annual disbursement limitations of those paragraphs. [PL 2015, c. 319, §40 (AMD).]
38 M.R.S. § 933 — ME Code / Title 38 / Chapter 5 / Section 933
38 §933. Authorization required
Status: in_force

Any person, firm or corporation authorized and empowered to augment stored water by pumping or otherwise under section 931 and acquire by eminent domain for public uses, lands and rights-of-way for pipes, conduits, penstocks, tunnels and canals under section 932 is authorized and empowered to exercise the rights and benefits under this chapter but only when such person, firm or corporation shall have received the necessary authority by legislative Act.
38 M.R.S. § 568-A — ME Code / Title 38 / Chapter 3 / Section 568-A
38 §568-A. Fund coverage requirements
Status: in_force

1. Eligibility for fund coverage. Eligibility for coverage by the fund of clean-up costs and eligible 3rd-party damage costs is governed by the following provisions. A. The applicant must submit within 180 days of reporting the discharge a written request to the commissioner to be covered by the fund. The request must include: (1) A description of the discharge and the locations threatened or affected by the discharge, to the extent known; (2) An agreement that the applicant shall pay the deductible amount specified in subsection 2 ; (3) For underground storage facilities, documentation regarding the applicant's compliance with the requirements of subsection 2, paragraph B ; and (4) For aboveground facilities, documentation required by the Clean-up and Response Fund Review Board. The commissioner with respect to a claim involving an underground oil storage facility, or the State Fire Marshal with respect to a claim involving an aboveground oil storage facility, may waive the 180-day filing requirement for applicants for coverage of clean-up costs for discharges discovered after April 1, 1990 when the applicant has cooperated in a timely manner with the department in cleaning up the discharge. [PL 2015, c. 319, §25 (AMD).] B. [PL 1995, c. 361, §4 (RP).] B-1. An applicant is not eligible for coverage for any discharge discovered on or before April 1, 1990. [PL 1995, c. 361, §4 (NEW).] B-2. An applicant is not eligible for coverage for any discharge discovered or reported to the commissioner after October 1, 1998 if the discharge is from an underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department or from an aboveground oil storage facility that has underground piping that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department. This exclusion from coverage does not apply to a discharge from an aboveground oil storage facility if the facility is used exclusively to store home heating oil, consists of tanks with a capacity of 660 gallons or less and has an aggregate tank capacity of 1,320 gallons or less. [PL 2011, c. 206, §16 (AMD).] C. An applicant is not eligible for coverage for any discharge from a facility owned or operated by the Federal Government. [PL 1995, c. 361, §4 (AMD).] D. In any one calendar year, an applicant may only apply for coverage of clean-up costs and 3rd-party damage claims that total less than $2,000,000 aggregate per facility owner. This limit includes claims made in subsequent years on those discharges. [PL 1991, c. 494, §11 (AMD).] E. An applicant is not eligible for coverage under this section if the applicant has any one or combination of the following relationships with an entity that owns or operates an oil refinery: (1) Is owned directly by or directly owns that entity; (2) Is a franchisee of that entity; (3) Is a member of a partnership or limited partnership that includes that entity; (4) Is a subsidiary of that entity; or (5) Is a parent corporation of that entity. An applicant is not subject to this exclusion from coverage for discharges discovered after September 30, 2001 or if its sole relationship with the entity is a contractual agreement to purchase oil from the entity exclusively for retail sale or for the applicant's consumption. [PL 2001, c. 216, §1 (AMD).] F. Within 15 working days of receipt of a request under paragraph A , the commissioner in the case of an underground oil storage facility or the State Fire Marshal in the case of an aboveground oil storage facility shall determine whether the request is complete. Failure to inform the applicant of the determination of completeness within 15 working days constitutes acceptance as complete. If the application is not accepted, the commissioner or State Fire Marshal shall return the application to the applicant with the reasons for nonacceptance specified in writing. [PL 2009, c. 319, §9 (AMD).] F-1. Within 90 days of receipt of an applicant's completed request for coverage by the fund submitted pursuant to this subsection, the commissioner or State Fire Marshal shall issue an order determining eligibility and, if the applicant is eligible, specifying the amount of the deductible under subsection 2 . Failure to issue an order within this period constitutes a determination that the applicant is eligible, subject to the deductibles in subsection 2, paragraph A . An order issued under this paragraph may be conditioned on any reasonable terms determined necessary by the commissioner or State Fire Marshal to prevent or limit human exposure to contamination from the discharge, including a requirement that the applicant impose restrictions by deed covenant or other means on the use of the real property where the discharge occurred. [PL 2009, c. 319, §10 (NEW).] G. When the commissioner determines that a site previously remediated to the commissioner's satisfaction requires further remediation, the owner or operator of the site may apply for coverage of eligible clean-up costs and 3rd-party damage claims from the fund, notwithstanding the person's failure to meet the 180-day deadline described in paragraph A . [PL 1995, c. 361, §4 (NEW).] H. The Clean-up and Response Fund Review Board shall develop, in consultation with the State Fire Marshal, the documentation requirements for claims submitted under this section by owners of aboveground oil storage facilities. [PL 2015, c. 319, §26 (AMD).] I. An applicant is not eligible for coverage of costs recovered by settlement with or judgment against another responsible party, the responsible party's representative or the applicant's insurer. Applicants who recover costs by such a settlement or judgment shall reimburse the fund to the extent the amount recovered duplicates payments from the fund. [PL 1999, c. 278, §1 (NEW).] J. An applicant is not eligible for coverage for any underground oil storage facility installed in violation of the provisions of chapter 13‑D . [PL 2007, c. 569, §4 (AMD).] K. An applicant whose facility is subject to the provisions of chapter 13‑D is not eligible for coverage for costs related to providing treatment or temporary or permanent water supply replacement and 3rd-party damage claim costs related to an oil discharge at a facility installed after September 30, 2001 and affecting that property's drinking water supply system. [PL 2007, c. 569, §5 (AMD).] L. An applicant is not eligible for coverage under this section if the applicant is a motor carrier under the Motor Carrier Act, 49 United States Code, Section 31139 and the discharge for which coverage is sought occurred during the offloading or onloading of oil from or to a motor vehicle used to transport oil. [PL 2009, c. 319, §11 (NEW).] [PL 2015, c. 319, §§25, 26 (AMD).]

2. Deductibles. Except as provided in subsection 2‑A , applicants eligible for coverage by the fund under subsection 1 shall pay on a per occurrence basis the applicable standard deductible amount specified in paragraph A . In addition to the applicable standard deductible amount required under paragraph A , the applicant shall pay on a per occurrence basis one or more of the conditional deductible amounts specified in paragraphs B and C to the extent applicable. A. Standard deductibles are calculated under this paragraph based on the number of underground storage facilities or the capacity of gallons owned by the aboveground storage facility owner at the time the covered discharge is discovered. Standard deductibles are as follows. (1) For expenses related to a leaking underground oil storage facility, the deductible amount is determined in accordance with the following schedule: Number of underground storage facilities owned by the facility owner Deductible 1 $2,500 2 to 5 5,000 6 to 10 10,000 11 to 20 25,000 21 to 30 40,000 over 30 62,500 (2) For expenses related to a leaking aboveground oil storage facility, the deductible amount is determined in accordance with the following schedule: Total aboveground oil storage capacity in gallons owned by the facility owner Deductible Less than 1,320 $500 1,321 to 50,000 2,500 50,001 to 250,000 5,000 250,001 to 500,000 10,000 500,001 to 1,000,000 25,000 1,000,001 to 1,500,000 40,000 greater than 1,500,000 62,500 (3) For facilities with both aboveground and underground tanks when the source of the discharge can not be determined or when the discharge is from both types of tanks, the standard deductible is the applicable amount under subparagraph (1) or (2), whichever is greater. (4) For aboveground tanks regulated by the Maine Fuel Board with less than 300 gallons' storage capacity, the standard deductible may be waived by the commissioner upon submission of documentation of a passing ultrasonic thickness test of the tank conducted within 12 months prior to the discharge. [PL 2015, c. 319, §27 (AMD).] B. Conditional deductibles for underground facilities and tanks are as follows. (1) For nonconforming facilities and tanks, the deductible is $10,000 for failure to meet the compliance schedule in section 563‑A , except that those facilities or tanks required to be removed by October 1, 1989 have until October 1, 1990 to be removed before they are considered out of compliance. (2) For failure to pay registration fees under section 563, subsection 4 , the deductible is the total of all past due fees. (3) For motor fuel storage and marketing and retail facilities, the deductibles are: (a) Five thousand dollars for failure to comply with applicable design and installation requirements in effect at the time of the installation or retrofitting requirements for leak detection pursuant to section 564, subsections 1 and 1‑A ; (b) Five thousand dollars for failure to comply with section 564, subsection 1‑B and any rules adopted pursuant to that subsection; (c) Five thousand dollars for failure to comply with section 564, subsection 2‑A, paragraphs B to F and I , and any rules adopted pursuant to that subsection; and (d) Ten thousand dollars for failure to comply with section 564, subsection 2‑A, paragraph H , and any rules adopted pursuant to that subsection. (4) For consumptive use heating oil facilities with an aggregate storage capacity of less than 2,000 gallons, the deductibles are: (a) Two thousand dollars for failure to comply with section 565, subsection 1 , if applicable; (b) Two thousand dollars for failure to comply with section 565, subsection 2 , regarding monitoring; and (c) Two thousand dollars for failure to comply with section 565, subsection 2 , regarding any requirement to report evidence of a possible leak or discharge. (5) For consumptive use heating oil facilities with an aggregate storage capacity of 2,000 gallons or greater, the deductibles are: (a) Five thousand dollars for failure to comply with section 565, subsection 1 , if applicable; (b) Five thousand dollars for failure to comply with section 565, subsection 2 , regarding monitoring; and (c) Ten thousand dollars for failure to comply with section 565, subsection 2 , regarding any requirement to report evidence of a possible leak or discharge. (6) For waste oil and heavy oil and airport hydrant facilities with discharges that are not contaminated with hazardous constituents, the deductibles for failure to comply with rules adopted by the board are: (a) Five thousand dollars for rules regarding design and installation requirements in effect at the time of the installation; (b) Five thousand dollars for rules regarding retrofitting of leak detection and corrosion protection, if applicable; (c) Five thousand dollars for rules regarding overfill and spill prevention; (d) Five thousand dollars for rules regarding the monitoring of cathodic protection systems; (e) Five thousand dollars for rules regarding testing requirements for tanks and piping on evidence of a leak; (f) Five thousand dollars for rules regarding maintenance of a leak detection system; and (g) Ten thousand dollars for rules regarding the reporting of leaks. [PL 1995, c. 361, §5 (NEW).] C. Conditional deductibles for aboveground facilities and tanks are as follows. (1) For aboveground tanks subject to the jurisdiction of the State Fire Marshal pursuant to 16-219 CMR, chapter 34, the deductibles are: (a) Five thousand dollars for failure to obtain a construction permit from the Office of the State Fire Marshal, when required under Title 25, chapter 318 and 16-219 CMR, chapter 34 or under prior applicable law; (b) Five thousand dollars for failure to design and install piping in accordance with section 570‑K and rules adopted by the department; (c) Five thousand dollars for failure to comply with an existing consent decree, court order or outstanding deficiency statement regarding violations at the aboveground facility; (d) Five thousand dollars for failure to implement a certified spill prevention control and countermeasure plan, if required; (e) Five thousand dollars for failure to install any required spill control measures, such as dikes; (f) Five thousand dollars for failure to install any required overfill equipment; (g) Five thousand dollars if the tank is not approved for aboveground use; and (h) Ten thousand dollars for failure to report any leaks at the facility. (2) For aboveground tanks subject to the jurisdiction of the Maine Fuel Board, the deductibles are: (a) One hundred and fifty dollars for failure to install the facility in accordance with rules adopted by the Maine Fuel Board and in effect at the time of installation; (b) Two hundred and fifty dollars for failure to comply with the rules of the Maine Fuel Board; (c) Two hundred and fifty dollars for failure to make a good faith effort to properly maintain the facility; and (d) Five hundred dollars for failure to notify the department of a spill. [PL 2013, c. 300, §11 (AMD).] The commissioner shall make written findings of fact when making a determination of deductible amounts under this subsection. The commissioner's findings may be appealed to the Board of Environmental Protection as provided in section 341‑D, subsection 4, paragraph E . On appeal, the burden of proof is on the commissioner as to which deductibles apply. After determining the deductible amount to be paid by the applicant, the commissioner shall pay from the fund any additional eligible clean-up costs and 3rd-party damage claims up to $1,000,000 for underground oil storage facilities and up to $750,000 for all other occurrences associated with activities under section 551, subsection 5, paragraphs B , D and K . The commissioner shall pay the expenses directly, unless the applicant chooses to pay the expenses and seek reimbursement from the fund. The commissioner may pay from the fund any eligible costs above $1,000,000 for underground oil storage facilities and above $750,000 for all other occurrences, but the commissioner shall recover these expenditures from the responsible party pursuant to section 551 . [PL 2023, c. 61, §5 (AMD).]

2-A. Limit on deductible. The applicant shall pay the total deductible amount or the total eligible clean-up costs and 3rd-party damages, whichever is less. [PL 1995, c. 361, §6 (RPR).]

2-B. Failure to pay deductibles. An order issued under subsection 1, paragraph F‑1 may be conditioned on payment of the applicable deductibles. If an applicant fails to pay the deductible amounts as determined under subsection 2 within 180 days of receipt of a bill from the department or within 180 days of a decision by the Board of Environmental Protection as provided in section 341‑D or an appellate court upholding the determination, whichever is later, the commissioner may seek reimbursement from the applicant or any other responsible party of all costs incurred by the State in the removal, abatement and remediation of the discharge for which coverage was sought. [PL 2023, c. 61, §6 (AMD).]

3. Exemptions from deductible. The commissioner may waive the deductible requirement for an applicant's personal residence if the commissioner determines that the applicant does not have the financial resources to pay the deductible. The department shall adopt rules to determine the standards to be used to assess an applicant's ability to pay this deductible. [PL 2019, c. 315, §11 (AMD).]

3-A. Appeals to review board. [PL 2011, c. 243, §2 (RP).]

4. Agreements. Any payments to or on behalf of applicants for clean-up activities undertaken by the applicant must be pursuant to a written agreement between the applicant and the commissioner. The agreement must include, but is not limited to: A. A plan and schedule for remedial actions; [PL 1989, c. 865, §15 (NEW); PL 1989, c. 865, §§24, 25 (AFF).] B. A provision for enforcement of the agreement and sanctions for nonperformance; [PL 1989, c. 865, §15 (NEW); PL 1989, c. 865, §§24, 25 (AFF).] C. Provisions for cost accounting and reporting of costs incurred in remediation activities; and [PL 1989, c. 865, §15 (NEW); PL 1989, c. 865, §§24, 25 (AFF).] D. An agreement to clean up the site to the satisfaction of the commissioner. [PL 1989, c. 865, §15 (NEW); PL 1989, c. 865, §§24, 25 (AFF).] [PL 1989, c. 865, §15 (NEW); PL 1989, c. 865, §§24, 25 (AFF).]

5. Uncompensated 3rd-party damage claims. [PL 1993, c. 355, §15 (RP).]

6. Reimbursement of 3rd-party damages paid. If a person claiming to have suffered property damage or actual economic damage directly or indirectly as a result of a discharge of oil to groundwater prohibited by section 543 files a claim for damages against the owner or operator of an underground or aboveground oil storage tank in a court of competent jurisdiction without simultaneously filing or previously having filed a 3rd-party damage claim pursuant to section 551 , the owner or operator may file a claim with the commissioner to be reimbursed for damages paid or payable to that 3rd party under a settlement or judgment. Such a claim for reimbursement must be filed and processed as follows. A. The claim for reimbursement must be filed with the commissioner. If the owner or operator has not previously filed an application for fund coverage pursuant to subsection 1 , the person claiming reimbursement shall also make application. The application must comply with the requirements of subsection 1 and must be processed and judged by the standards set forth in that subsection except that it is not required to be filed within 180 days of reporting the discharge. [PL 1993, c. 553, §1 (NEW); PL 1993, c. 553, §7 (AFF).] B. If the person is eligible for fund coverage, the commissioner shall calculate the amount of reimbursement to the owner or operator by determining whether each amount claimed would be eligible for payment had the 3rd party applied directly to the fund. Eligible amounts, minus any deductible that has not previously been met by the owner or operator, must be paid to that owner or operator. [PL 1993, c. 553, §1 (NEW); PL 1993, c. 553, §7 (AFF).] C. Appeals of decisions made under this subsection may be made to the Board of Environmental Protection as provided in section 341‑D . [PL 2023, c. 61, §7 (AMD).] [PL 2023, c. 61, §7 (AMD).]

7. Repeal date. [PL 2015, c. 319, §29 (RP).]
38 M.R.S. § 2174 — ME Code / Title 38 / Chapter 24 / Section 2174
38 §2174. Local inspection and enforcement
Status: in_force

1. Certification. [PL 1993, c. 355, §62 (RP).]

2. Information. The host municipality of a solid waste disposal facility has a right to all information from the department and the bureau pursuant to Title 1, chapter 13, subchapter 1 . All information provided under this subsection must be made available to the citizen advisory committee and the public by the host municipality. A. The commissioner shall provide all of the following information to the municipal officers of the host municipality: (1) Copies of any inspection report of the facility within 5 working days of the preparation of the report; (2) Prompt notification of all enforcement or emergency orders for those facilities, including, but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent orders and decrees and notices of violation; (3) Copies of all air, soil and water quality monitoring data collected by the commissioner at such facilities, including leachate and ash testing results, within 5 working days after complete laboratory analysis becomes available to the commissioner; and (4) Copies of all analyses of the data under subparagraph (3). [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §292 (AMD).] B. The operator of the facility shall provide the host municipality copies of all air, soil and water quality monitoring data, including leachate and ash testing results, conducted by or on behalf of the operator, within 5 days after that information becomes available to the operator. [PL 1989, c. 585, Pt. A, §7 (NEW).] C. The municipality shall provide all of the following information to the commissioner: (1) Copies of any inspection report of the facility within 5 working days of the preparation of the report; (2) Prompt notification of all enforcement or emergency orders for those facilities, including, but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent orders and decrees and notices of violation; (3) Copies of all air, soil and water quality monitoring data collected by the municipality at such facilities, including leachate and ash testing results, within 5 working days after complete laboratory analysis becomes available to the municipality; and (4) Copies of all analyses of the data under subparagraph (3). [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §292 (AMD).] [PL 2011, c. 655, Pt. GG, §55 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Inspection; emergency orders. [PL 1993, c. 680, Pt. A, §38 (RP).]

4. Commissioner inspections. Whenever any host municipality notifies the commissioner of an order issued pursuant to a local permit requirement under section 2173 and gives the commissioner reason to believe that any solid waste disposal facility is in violation of any law or regulation administered by the department, or any order or the condition of any permit issued pursuant to any law or rule administered by the department, the commissioner shall promptly conduct an inspection of the facility. If the commissioner finds that there is insufficient information to believe that there is a violation, the commissioner shall, within 10 working days of a municipality's request for an inspection, provide to the municipality a written explanation of the commissioner's decision not to conduct an inspection. [PL 1993, c. 310, Pt. B, §8 (AMD).]
38 M.R.S. § 570-M — ME Code / Title 38 / Chapter 3 / Section 570-M
38 §570-M. Prohibition on adding water to well
Status: in_force

Except as provided in this section, a person may not add water to a well. Water may be added to a well by: [PL 2001, c. 626, §15 (NEW).]

1. Licensed well driller. A well driller licensed under Title 32, chapter 69‑C using water that is in conformance with rules adopted under that chapter; [PL 2001, c. 626, §15 (NEW).]

2. Authorized water transporter. A person authorized to transport water under Title 22, section 2660‑A using water in conformance with rules adopted under that section; or [PL 2001, c. 626, §15 (NEW).]

3. Well injection. Well injection into a Class V well as authorized and licensed by the department pursuant to rules adopted by the board. [PL 2001, c. 626, §15 (NEW).]

For the purposes of this section, the term "well" means any hole dug, drilled, driven or bored into the earth used to extract drinking water and does not include monitoring wells, wells constructed exclusively for the relief of artesian pressure at hydroelectric projects, wells constructed for temporary dewatering purposes and wells constructed for the purposes of extracting oil, gas or brine. [PL 2001, c. 626, §15 (NEW).]
38 M.R.S. § 1316-B — ME Code / Title 38 / Chapter 13 / Section 1316-B
38 §1316-B. Abatement; cleanup; mitigation
Status: in_force

If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316‑A or an administrative consent agreement issued pursuant to section 347‑A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed by an uncontrolled tire stockpile. The commissioner may: [PL 1995, c. 579, §3 (AMD).]

1. Assistance. Employ private consultants and other persons to evaluate, design or conduct tire removal or site remediation activities; [PL 1991, c. 517, Pt. A, §2 (NEW).]

2. Process and remove. Cause the processing or removal of all stockpiled tires; [PL 1995, c. 579, §4 (AMD).]

3. Secure. Have barriers constructed and sufficient security measures implemented to prohibit the access of unauthorized persons to the site, including the responsible party; [PL 1991, c. 517, Pt. A, §2 (NEW).]

4. Equipment. Have fire-fighting or pollution abatement equipment purchased and stored either at or away from the tire stockpile; [PL 1991, c. 517, Pt. A, §2 (NEW).]

5. Alter. Have the physical characteristics of the stockpile site altered, including the construction of fire lanes, fire or pollution barriers or other necessary site remediation activity; [PL 1995, c. 314, §3 (AMD).]

6. Close. Permanently close the stockpile and prohibit the use of the site for the storage or disposal of used motor vehicle tires; or [PL 1995, c. 314, §3 (AMD).]

7. Consultation. Consult with the Office of the State Fire Marshal regarding on-site fire abatement and control measures. [PL 1995, c. 314, §4 (NEW).]
38 M.R.S. § 444-A — ME Code / Title 38 / Chapter 3 / Section 444-A
38 §444-A. Civil suit
Status: in_force

1. Suit authorized. Any water utility, as defined in Title 35‑A, section 102 , may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met. A. A violation of a municipal shoreland zoning ordinance is alleged to have occurred. [PL 1989, c. 733, §2 (NEW).] B. The water utility bringing the civil action has a water supply that is directly affected by the alleged violation. [PL 1989, c. 733, §2 (NEW).] [PL 1989, c. 733, §2 (NEW).]

2. Suit prohibited. An action may not be brought under this section if the Federal Government, State Government or a municipality of the State has commenced and is pursuing an administrative, civil or criminal action to remedy the alleged violation. [PL 1989, c. 733, §2 (NEW).]

3. Notice. An action may not be commenced under this section unless the plaintiff has given at least 60 days' notice to the alleged violator, the department, the Attorney General, and the municipality or municipalities in which the violation is alleged to have occurred. If the violation occurs within the jurisdiction of the Maine Land Use Planning Commission, the commission must be given notice in place of the department and the municipality. [PL 1989, c. 733, §2 (NEW); PL 2011, c. 682, §38 (REV).]

4. Jurisdiction. An action may be commenced in the District Court or Superior Court in the county in which the violation is alleged to have occurred. [PL 1989, c. 733, §2 (NEW).]

5. Intervention. The Attorney General may intervene in any case brought under this section. [PL 1989, c. 733, §2 (NEW).]
38 M.R.S. § 1210 — ME Code / Title 38 / Chapter 11 / Section 1210
38 §1210. Competitive bidding
Status: in_force

Any contract in excess of $2,000 between a sanitary district, whether formed under this chapter or by private and special Act of the Legislature, and a contractor for the construction of facilities located on private property for the exclusive use of a private individual and for which the private individual is required to pay the total cost directly to the sanitary district, shall be awarded by a system of competitive bidding. Unless there are valid reasons to the contrary, the contracts shall be awarded to the lowest responsible bidder. [PL 1973, c. 476, §2 (NEW).]