38 M.R.S. § 968 — ME Code / Title 38 / Chapter 6 / Section 968
38 §968. Appeals to Superior Court
Status: in_force

Except where otherwise specified by statute, any party or person aggrieved by any order or decision of the commission, in regard to any matter upon which there was a hearing before the commission and of which a record of said hearing is available, may, within 30 days after notice of the filing of such order or decision, appeal therefrom to the Superior Court by filing a notice of appeal stating the points of appeal. Notice of the appeal shall be ordered by the court without a jury in the manner and with the rights provided by law in other civil actions so heard. The proceedings shall not be de novo. The court shall receive into evidence true copies of the transcript of the hearing, the exhibits thereto and the decision of the commission. The court's review shall be limited to questions of law and to whether the commission acted regularly and within the scope of its authority and the commission's decision shall be final so long as supported by substantial evidence. The court may affirm, reverse or remand the commission's decision for further proceedings. Appeals from all other orders or decisions of the commission, unless otherwise specified by statute, shall be taken pursuant to the Maine Rules of Civil Procedure, Rule 80B. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1319-X — ME Code / Title 38 / Chapter 13 / Section 1319-X
38 §1319-X. Criteria for development of waste oil facilities and biomedical waste facilities
Status: in_force

The following criteria for facility development apply to an application for a waste oil facility or a new or substantially modified biomedical waste treatment or disposal facility in addition to other criteria established by law or rule for those facilities. [PL 2021, c. 186, §16 (AMD).]

1. Financial capacity. The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards. [PL 1993, c. 383, §38 (NEW).]

2. No adverse effect on the natural environment. The applicant has provided adequately for fitting the project harmoniously into the existing natural environment and the project will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities. [PL 1993, c. 383, §38 (NEW).]

3. Ground water. The proposed project does not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur. [PL 1993, c. 383, §38 (NEW).]

4. Soil types and erosion. The project will be built on soil types suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment. [PL 1993, c. 383, §38 (NEW).]

5. Traffic movement. The applicant has provided adequately for traffic movement of all types into, out of or within the project area. The department shall consider traffic movement both on site and off site, including safety and congestion along waste conveyance transportation routes. The Department of Transportation shall provide the department with an analysis of traffic movement of all types into, out of or within the project area. [PL 1993, c. 383, §38 (NEW).]

6. Infrastructure. The applicant has provided adequately for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project and the project will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services. [PL 1993, c. 383, §38 (NEW).]

7. Flooding. The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure. [PL 1993, c. 383, §38 (NEW).]

The department may not issue a license for a waste oil facility if the proposed facility overlies a significant ground water aquifer or a primary sand and gravel recharge area. [PL 2021, c. 186, §17 (AMD).]
38 M.R.S. § 480-P — ME Code / Title 38 / Chapter 3 / Section 480-P
38 §480-P. Special protection for outstanding river segments
Status: in_force

In accordance with Title 12, section 402 , outstanding river segments shall include: [PL 1987, c. 809, §2 (NEW).]

1. Aroostook River. The Aroostook River from the Canadian border to the Masardis and T.10, R.6, W.E.L.S. town line, excluding the segment in T.9, R.5, W.E.L.S., including its tributaries the Big Machias River from the Aroostook River to the Ashland and Garfield Plantation town line and the St. Croix Stream from the Aroostook River in Masardis to the Masardis and T.9, R.5, W.E.L.S. town line; [PL 1987, c. 809, §2 (NEW).]

2. Carrabassett River. The Carrabassett River from the Kennebec River to the Carrabassett Valley and Mt. Abram Township town line; [PL 1987, c. 809, §2 (NEW).]

3. Crooked River. The Crooked River, including the Songo River, from its inlet into Sebago Lake in Casco to the Waterford and Albany Township town lines; [PL 1987, c. 809, §2 (NEW).]

4. Dennys River. The Dennys River from the railroad bridge in Dennysville Station to the outlet of Meddybemps Lake, excluding the western shore in Edmunds Township and No. 14 Plantation; [PL 1987, c. 809, §2 (NEW).]

5. East Machias River. The East Machias River, including the Maine River, from the old powerhouse in East Machias to the East Machias and T.18, E.D., B.P.P. town line, from the T. 19, E.D., B.P.P. and Wesley town line to the outlet of Crawford Lake and from the No. 21 Plantation and Alexander town line to the outlet of Pocomoonshine Lake, excluding Hadley Lake, Lower Mud Pond and Upper Mud Pond; [PL 1987, c. 809, §2 (NEW).]

6. Fish River. The Fish River from the former bridge site at the dead end of Mill Street in Fort Kent Mills to the Fort Kent and Wallagrass Plantation town line, from the T.16, R.6, W.E.L.S. and Eagle Lake town line to the Eagle Lake and Winterville Plantation town line and from the T.14, R.6, W.E.L.S. and Portage Lake town line to the Portage Lake and T.13, R.7, W.E.L.S. town line, excluding Portage Lake; [PL 2007, c. 292, §24 (AMD).]

7. Kennebago River. The Kennebago River from its inlet into Cupsuptic Lake to the Rangeley and Lower Cupsuptic Township town line; [PL 1987, c. 809, §2 (NEW).]

8. Kennebec River. The Kennebec River from the Route 148 bridge in Madison to the Caratunk and The Forks Plantation town line, excluding the western shore in Concord Township, Pleasant Ridge Plantation and Carrying Place Township and excluding Wyman Lake; [PL 1987, c. 809, §2 (NEW).]

9. Machias River. The Machias River from the Route 1 bridge to the Northfield and T.19, M.D., B.P.P. town line, including its tributaries the Old Stream from the Machias River to the northern most crossing of the Wesley and T.31, M.D., B.P.P. town line, excluding the segments in T.25, M.D., B.P.P. and T.31, M.D., B.P.P.; [PL 1987, c. 809, §2 (NEW).]

10. Mattawamkeag River. The Mattawamkeag River from the Penobscot River to the Mattawamkeag and Kingman Township town line and from the Reed Plantation and Bancroft town line to the East Branch, including its tributaries the West Branch from the Mattawamkeag River to the Haynesville and T.3, R.3, W.E.L.S. town line and from its inlet into Upper Mattawamkeag Lake in Island Falls to the Hersey and Moro Plantation town line; the East Branch from the Mattawamkeag River to the Haynesville and Forkstown Township town line and from the T.4, R.3, W.E.L.S. and Oakfield town line to the Smyrna and Dudley Township town line; the Fish Stream from the West Branch of the Mattawamkeag River to the Crystal and Patten town line; the Molunkus Stream from the Silver Ridge Township and Benedicta town line to the East Branch Molunkus Stream; the Macwahoc Stream from the Silver Ridge Township and Sherman town line to the outlet of Macwahoc Lake; and the Baskehegan Stream from the Mattawamkeag River to the Danforth and Brookton Township town line, and from the Brookton Township and Topsfield town line to the Topsfield and Kossuth Township town line, excluding Baskehegan Lake and Crooked Brook Flowage; [PL 1987, c. 809, §2 (NEW).]

11. Narraguagus River. The Narraguagus River from the ice dam above the railroad bridge in Cherryfield to the Beddington and Devereaux Township town line, excluding Beddington Lake; [PL 1987, c. 809, §2 (NEW).]

12. Penobscot River. The Penobscot River from the Bangor Dam in Bangor to the Veazie Dam and its tributary the East Branch of the Penobscot from the Penobscot River to the East Millinocket and Grindstone Township town line; [PL 1987, c. 809, §2 (NEW).]

13. Piscataquis River. The Piscataquis River from the Penobscot River to the Monson and Blanchard Plantation town line, including its tributaries the East and West Branches of the Piscataquis River from the Blanchard Plantation and Shirley town line to the Shirley and Moosehead Junction Township town line; the Seboeis Stream from its confluence with the Piscataquis River in Howland to the Howland and Mattamiscontis Township town line and from the Mattamiscontis and Maxfield town line to the Maxfield and Seboeis Plantation town line, excluding Shirley Pond and West Shirley Bog; [PL 2007, c. 292, §25 (AMD).]

14. Pleasant River. The Pleasant River from the dam in Columbia Falls, formerly the Hathaway Dam, to the Columbia and T.18, M.D., B.P.P. town line and from the T.24, M.D., B.P.P. and Beddington town line to the outlet of Pleasant River Lake in Beddington; [PL 1987, c. 809, §2 (NEW).]

15. Rapid River. The Rapid River from the Magalloway Plantation and Upton town line to the outlet of Pond in the River; [PL 1987, c. 809, §2 (NEW).]

16. Saco River. The Saco River from the Little Ossipee River to the New Hampshire border; [PL 1987, c. 809, §2 (NEW).]

17. St. Croix River. The St. Croix River from the cotton mill dam in Milltown to the Calais and Baring Plantation town line, from the Baring Plantation and Baileyville town line to the Baileyville and Fowler Township town line and from the Lambert Lake Township and Vanceboro town line to the outlet of Spednik Lake, excluding Woodland Lake and Grand Falls Flowage; [PL 1987, c. 809, §2 (NEW).]

18. St. George River. The St. George River from the Route 90 bridge in Warren to the outlet of Lake St. George in Liberty, excluding White Oak Pond, Seven Tree Pond, Round Pond, Sennebec Pond, Trues Pond, Stevens Pond and Little Pond; [PL 1987, c. 809, §2 (NEW).]

19. St. John River. The St. John River from the Hamlin Plantation and Van Buren town line to the Fort Kent and St. John Plantation town line and from the St. John Plantation and St. Francis town line to the Allagash and St. Francis town line; [PL 1987, c. 809, §2 (NEW).]

20. Sandy River. The Sandy River from the Kennebec River to the Madrid and Township E town line; [PL 1987, c. 809, §2 (NEW).]

21. Sheepscot River. The Sheepscot River from the Head Tide Dam in Alna to the Halldale Road in Montville, excluding Long Pond and Sheepscot Pond, including its tributary the West Branch of the Sheepscot River from its confluence with the Sheepscot River in Whitefield to the outlet of Branch Pond in China; [PL 1987, c. 809, §2 (NEW).]

22. West Branch Pleasant River. The West Branch Pleasant River from the East Branch to the Brownville and Williamsburg Township town line; and [PL 1987, c. 809, §2 (NEW).]

23. West Branch Union River. The West Branch Union River from the Route 181 bridge in Mariaville to the outlet of Great Pond in the Town of Great Pond. [PL 1987, c. 809, §2 (NEW).]

For the purpose of receiving a permit for a transmission line or a pipeline under this article, outstanding river segments also include any other outstanding river and stream segments described in Title 12, section 403 . [PL 2003, c. 131, §1 (NEW).]
38 M.R.S. § 447 — ME Code / Title 38 / Chapter 3 / Section 447
38 §447. Functionally water-dependent use zones
Status: in_force

Municipalities are encouraged to give preference, when appropriate, to functionally water-dependent uses and may extend zoning controls to accomplish this. [PL 1985, c. 794, Pt. A, §10 (NEW).]

A municipality may, within coastal shoreland areas, adopt zoning ordinances for functionally water-dependent uses. Municipalities may establish districts within these zones to give preference to commercial fishing and other maritime activities. [PL 1985, c. 794, Pt. A, §10 (NEW).]

In creating such a zone, a municipality shall consider the demand for and availability of shorefront property for functionally water-dependent uses. [PL 1985, c. 794, Pt. A, §10 (NEW).]

Zoning ordinances adopted or extended pursuant to this section shall be pursuant to and consistent with a comprehensive plan. [PL 1985, c. 794, Pt. A, §10 (NEW).]
38 M.R.S. § 2112 — ME Code / Title 38 / Chapter 24 / Section 2112
38 §2112. Small container contract restrictions
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Small container" means a 2- to 10-cubic-yard container or dumpster. [PL 2003, c. 338, §1 (NEW).] B. "Small containerized solid waste hauling service" means providing solid waste hauling service to customers by providing the customer with a small container or dumpster that is picked up and emptied mechanically using a front-loading or rear-loading truck. "Small containerized solid waste hauling service" does not include hand pickup service or service using a compactor that is attached to or part of a small container. [PL 2003, c. 338, §1 (NEW).] C. "Solid waste hauling service" means the collection, removal and transportation to a solid waste transfer station or disposal site of trash and garbage. As used in this paragraph, trash and garbage do not include construction and demolition debris, medical waste, hazardous waste, organic waste, special waste such as contaminated soil or sludge or recyclable materials. [PL 2003, c. 338, §1 (NEW).] [PL 2003, c. 338, §1 (NEW).]

2. Contracts. Contracts for the provision of small containerized solid waste hauling service to customers located in this State are governed by the following provisions. A. If a contract under this subsection contains an automatic renewal provision, the contractor shall notify the customer by mail between 60 and 90 days prior to the contract termination date that if the customer does not, within 60 days of receipt of the contractor's notification, notify the contractor of the customer's intention to terminate the contract, the contract will be automatically renewed. Notice of termination by the customer may be by any reasonable method, including mail, electronically transmitted facsimile and e-mail. A contract may not contain terms that require a customer to provide notice of termination prior to the time frames provided for in this paragraph. [PL 2003, c. 338, §1 (NEW).] B. The financial charge for early termination of a contract under this subsection may not exceed 3 times the current monthly charge. [PL 2003, c. 338, §1 (NEW).] C. A contract under this subsection may not require the customer to inform a contractor concerning prices or other terms offered by competitors or require the customer to afford the contractor an opportunity to match or respond to a competitor's offer. [PL 2003, c. 338, §1 (NEW).] [PL 2005, c. 220, §1 (AMD).]
38 M.R.S. § 2231 — ME Code / Title 38 / Chapter 24 / Section 2231
38 §2231. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 676, §1 (NEW).]

1. Incineration facility. "Incineration facility" means a facility that accepts municipal solid waste for consideration and disposes of the waste through combustion, including combustion for the generation of heat, steam or electricity. A facility that incinerates municipal solid waste in amounts that constitute less than 2% by weight of its fuel is not an incineration facility. [PL 1991, c. 676, §1 (NEW).]

2. Solid waste. "Solid waste" means useless, unwanted or discarded solid material 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" includes fuel, whether solid, liquid or gas, derived from materials such as those listed. [PL 1991, c. 676, §1 (NEW).]

3. Tipping fee. "Tipping fee" means any fee, rate, toll or other charge that an incineration facility charges for disposal of solid waste from the facility's customers. [PL 1991, c. 676, §1 (NEW).]

4. Waste source. "Waste source" means any entity that pays a tipping fee to an incineration facility. [PL 1991, c. 676, §1 (NEW).]
38 M.R.S. § 703 — ME Code / Title 38 / Chapter 5 / Section 703
38 §703. Defenses
Status: in_force

The owner or occupant of such mill or canal may answer that the plaintiff has no right, title or estate in the lands alleged to be injured; or that the owner or occupant has a right to maintain such dam, and flow the lands, or divert the water for an agreed price, or without any compensation; or any other matter that may show that the plaintiff cannot maintain the action; but the owner or occupant may not answer that the land described is not injured by such dam or canal. [RR 2021, c. 2, Pt. B, §248 (COR).]
38 M.R.S. § 487-A — ME Code / Title 38 / Chapter 3 / Section 487-A
38 §487-A. Hazardous activities; transmission lines
Status: in_force

1. Preliminary notice required for hazardous activities. [PL 1993, c. 383, §25 (RP); PL 1993, c. 383, §42 (AFF).]

2. Power generating facilities. In case of a permanently installed transmission line carrying 100 kilovolts, or more, proposed to be erected within this State by a transmission and distribution utility or utilities, the proposed development, in addition to meeting the requirements of section 484 , must also have been approved by the Public Utilities Commission under Title 35‑A, section 3132 . In the event that a transmission and distribution utility or utilities file a notification pursuant to section 485‑A before they are issued a certificate of public convenience and necessity by the Public Utilities Commission, they shall file a bond or, in lieu of that bond, satisfactory evidence of financial capacity to make that reimbursement with the department, payable to the department, in a sum satisfactory to the commissioner and in an amount not to exceed $50,000. This bond or evidence of financial capacity must be conditioned to require the applicant to reimburse the department for its cost incurred in processing any application in the event that the applicant does not receive a certificate of public convenience and necessity. [PL 1999, c. 657, §23 (AMD).]

3. Easement required; transmission line or gas pipeline. In the case of a gas pipeline or a transmission line carrying 100 kilovolts or more, a permit under this chapter may be obtained prior to any acquisition of lands or easements to be acquired by purchase. The permit must be obtained prior to any acquisition of land by eminent domain. [PL 1997, c. 72, §2 (AMD).]

4. Notice to landowners; transmission line or gas pipeline. Any person making application under this article, for approval for a transmission line or gas pipeline shall, prior to filing a notification pursuant to this article, provide notice to each owner of real property upon whose land the applicant proposes to locate a gas pipeline or transmission line. Notice must be sent by certified mail, postage prepaid, to the landowner's last known address contained in the applicable tax assessor's records. The applicant shall file a map with the town clerk of each municipality through which the pipeline or transmission line is proposed to be located, indicating the intended approximate location of the pipeline or transmission line within the municipality. The applicant is not required to provide notice of intent to construct a gas pipeline or transmission line other than as set forth in this subsection. The department shall receive evidence regarding the location, character and impact on the environment of the proposed transmission line or pipeline. In addition to finding that the requirements of section 484 have been met, the department, in the case of the transmission line or pipeline, shall consider whether any proposed alternatives to the proposed location and character of the transmission line or pipeline may lessen its impact on the environment or the risks it would engender to the public health or safety, without unreasonably increasing its cost. The department may approve or disapprove all or portions of the proposed transmission line or pipeline and shall make such orders regarding its location, character, width and appearance as will lessen its impact on the environment, having regard for any increased costs to the applicant. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §96 (AMD).]
38 M.R.S. § 2326 — ME Code / Title 38 / Chapter 27 / Section 2326
38 §2326. Technical assistance and recognition programs
Status: in_force

The department shall develop a technical assistance program for commercial and industrial facilities that use priority toxic chemicals and products and materials containing priority toxic chemicals. The goal of a technical assistance program must be to reduce use of priority toxic chemicals by such facilities and to help these facilities achieve the reduction goals established in their environmental management systems or pollution prevention plans under section 2325 . The department shall determine the facilities most in need of technical assistance and shall establish priorities based on a number of factors, including, but not limited to, the availability of safer alternatives, the toxicity of the chemical used by particular facilities, the size and resources of those facilities and the resources available to the department. [PL 2009, c. 579, Pt. A, §3 (NEW).]

The department may develop a recognition program to promote the reduction in use of priority toxic chemicals and to recognize commercial and industrial facilities in the State for their achievements in reducing their use of priority toxic chemicals. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 998 — ME Code / Title 38 / Chapter 8 / Section 998
38 §998. Commission operating procedures
Status: in_force

1. Shared costs. The State and the Province of New Brunswick shall share the costs of developing and managing the St. Croix International Waterway Commission. To the extent feasible, the commission may seek to enter into arrangements with agencies of Canada and the United States to provide necessary services as the commission may request. [PL 1987, c. 470, §2 (NEW).]

2. Committees. There shall be 4 working committees: Land use; recreation; fisheries and wildlife; and nonrecreational uses, established to undertake the planning and to oversee the management of the uses and resources in the waterway area. The committees shall be staffed by personnel from line agencies of the State and the Province of New Brunswick. The working committees may appoint subcommittees as needed. [PL 1987, c. 470, §2 (NEW).]

3. Ex officio members; committee functions; plans. The working committees may invite elected community representatives, representatives from federal agencies, private citizens, members of citizen organizations and representatives from private sector commercial interests to serve on the committee in an ex officio capacity. Each committee shall prepare a preliminary plan designed to optimize the management of the uses or resources for which it has responsibility. These plans shall be submitted to the executive director of the commission who shall work with the committees to resolve conflicts and to integrate the plans into a unified management plan that is in accord with the objectives set forth in section 994 or as may be further spelled out by the commission. The executive director shall solicit public comments on the plan in both the State and the Province of New Brunswick. The executive director shall work with the working committees to revise, if necessary, the plan before presenting it to the commission for final adoption. The commission shall formally adopt the plan by consensus. The commission shall reassess the recreational and resource management plan at least once in every 4 years and shall submit its assessment, with any recommendations, to the State and the Province of New Brunswick. [PL 1987, c. 470, §2 (NEW).]

4. Budget. The commission shall submit annually to the State and the Provincial Government of New Brunswick a budget covering total anticipated expenditures to be financed from all sources and shall conduct its operations in accordance with the budget as approved by the State and the Province of New Brunswick. [PL 1987, c. 470, §2 (NEW).]

5. Regulation and enforcement. Authority to regulate development and usage of the water and shorelands of the St. Croix River, Grand Lake and Spednick Lake rests with the State and Provincial Governments, their respective federal governments and, for matters affecting international jurisdiction, the International Joint Commission. In cases where regulatory authority is inadequately defined, the commission shall recommend measures to assure that authority is vested with the appropriate departments and they shall take action to facilitate assumption of the needed authority. It shall be the responsibility of the line departments to enforce regulations in the area. All initiatives from line departments which impact upon the area shall be referred to the appropriate working committee and that committee shall advise the commission if the initiative is consistent with the goals of the adopted plan. [PL 1987, c. 470, §2 (NEW).]

6. Committee powers. The committees shall exercise powers and functions of the commission which are delegated to them by the commission and shall submit, at each meeting of the commission, minutes of their proceedings since the last preceding meeting of the commission. The working committees may appoint subcommittees as needed. The commission may appoint other committees as it considers necessary or desirable for the administration of the adopted plans. [PL 1987, c. 470, §2 (NEW).]

7. Compensation. The commissioners shall receive no remuneration from the commission. They may be paid by the commission a housing and meals per diem and be reimbursed for actual travel expenses incurred in the conduct of the commission business. These amounts shall be determined as provided by Title 3, section 2 . [PL 1987, c. 470, §2 (NEW).]

8. Dissolution. Upon dissolution of the commission, any net assets must be distributed for charitable purposes within the meaning of the Internal Revenue Code, Section 501 (c)(3). [PL 1991, c. 8 (NEW).]
38 M.R.S. § 542 — ME Code / Title 38 / Chapter 3 / Section 542
38 §542. Definitions
Status: in_force

The following words and phrases as used in this subchapter shall, unless a different meaning is plainly required by the context, have the following meaning: [PL 1969, c. 572, §1 (NEW).]

1. Barrel. "Barrel" shall mean 42 U.S. gallons at 60 degrees Fahrenheit. [PL 1969, c. 572, §1 (NEW).]

2. Board. [PL 1973, c. 625, §277 (RP).]

3. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §107 (RP).]

3-A. Coastal waters. "Coastal waters" means all waters of the State within the rise and fall of the tide and to a distance of 12 miles from the coastline of the State but does not include areas above any fishway or dam when the fishway or dam is the dividing line between tidewater and fresh water. [PL 1993, c. 355, §6 (AMD).]

4. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, escaping, emptying or dumping. [PL 2015, c. 319, §9 (AMD).]

4-A. Federal contingency plan. "Federal contingency plan" means an area, regional or local contingency plan for oil spill response, prepared and published by the President of the United States under the Federal Water Pollution Control Act, 33 United States Code, Section 1321, as amended. [PL 1991, c. 380, §1 (NEW).]

4-B. Facility closure. "Facility closure" means: A. Removal of oil and oil residuals from tanks and related appurtenances; [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).] B. Decontamination of tanks and related appurtenances; [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).] C. Removal of tanks and related appurtenances; [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).] D. Disconnection and removal of underground piping or secure capping or plugging of underground piping when removal is not feasible; and [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).] E. Any other steps required to safely decommission the facility and remediate sediment, soils, groundwaters and surface waters such that the facility site, as determined by the department, is suitable for residential use or meets the most protective use standards practicable for the facility site. [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).] [PL 2019, c. 678, §1 (NEW); PL 2019, c. 678, §7 (AFF).]

5. Fund. "Fund" means the Maine Ground and Surface Waters Clean-up and Response Fund. [PL 2015, c. 319, §10 (AMD).]

5-A. National contingency plan. "National contingency plan" means the national contingency plan for oil spill response prepared and published by the President of the United States under the Federal Water Pollution Control Act, 33 United States Code, Section 1321, as amended. [PL 1991, c. 380, §1 (NEW).]

6. Oil. "Oil" means oil, oil additives, petroleum products and their by-products of any kind and in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other wastes, liquid asphalt, bunker fuel, crude oils and all other liquid hydrocarbons regardless of specific gravity. "Oil" does not include liquid natural gas. [PL 2019, c. 678, §2 (AMD); PL 2019, c. 678, §7 (AFF).]

6-A. Oil spill response activity. "Oil spill response activity" means assistance in mitigating or attempting to mitigate the effects of an actual or threatened discharge of oil prohibited by section 543 . The term includes lightering oil from a disabled or threatened vessel and other actions to prevent, contain, clean up, remove or dispose of prohibited oil discharges. [PL 1991, c. 698, §3 (NEW).]

7. Oil terminal facility or facility. "Oil terminal facility" or "facility" means any facility of any kind and related appurtenances, located in, on or under the surface of any land or water, including submerged lands, that is used or capable of being used for the purpose of transferring, processing or refining oil, or for the purpose of storing the same, but does not include any facility used or capable of being used to store no more than 1,500 barrels or 63,000 gallons, nor any facility not engaged in the transfer of oil to or from waters of the State. A vessel is considered an oil terminal facility only in the event of a ship-to-ship transfer of oil, but only that vessel going to or coming from the place of ship-to-ship transfer and a permanent or fixed oil terminal facility. The term does not include vessels engaged in oil spill response activities. [PL 2019, c. 678, §3 (AMD); PL 2019, c. 678, §7 (AFF).]

8. Owner or operator. "Owner or operator" means any person owning or operating an oil terminal facility whether by lease, contract or any other form of agreement or a person in control of, or having responsibility for, the daily operation of an oil storage facility. [PL 2015, c. 319, §12 (AMD).]

9. Person. "Person" shall mean any natural person, firm, association, partnership, corporation, trust, the State of Maine and any agency thereof, governmental entity, quasi-governmental entity, the United States of America and any agency thereof and any other legal entity. [PL 1977, c. 375, §4 (RPR).]

9-A. Responder. "Responder" means any person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of oil prohibited by section 543 , or in preventing, containing, cleaning up, removing or disposing of, or in attempting to prevent, contain, clean up, remove or dispose of, any discharge of oil prohibited by section 543 , except for any person who caused or is otherwise responsible for the actual or threatened discharge in the first instance. [PL 1991, c. 380, §1 (NEW).]

9-B. State Marine Oil Spill Contingency Plan. "State Marine Oil Spill Contingency Plan" means a contingency plan for oil spill response prepared by the commissioner in accordance with this subchapter. [PL 1991, c. 380, §1 (NEW).]

9-C. Responsible party. "Responsible party" means any person who could be held liable under section 552 or as defined in section 562‑A, subsection 17 . [PL 2015, c. 319, §13 (AMD).]

9-D. Related appurtenances. "Related appurtenances" means pumps, valves, piping, loading racks, secondary containment and, as determined by the department, any other structures related to the operation of an oil terminal facility. [PL 2019, c. 678, §4 (NEW); PL 2019, c. 678, §7 (AFF).]

10. Transferred. "Transferred" shall include both onloading and offloading between terminal and vessel and vessel to vessel. [PL 1969, c. 572, §1 (NEW).]

10-A. Underground oil storage facility. [PL 1985, c. 496, Pt. A, §7 (RP).]

11. Vessel. "Vessel" includes every description of watercraft or other contrivance used, or capable of being used, as a means of transportation on water, whether self-propelled or otherwise and shall include barges and tugs. [PL 1969, c. 572, §1 (NEW).]
38 M.R.S. § 438-A — ME Code / Title 38 / Chapter 3 / Section 438-A
38 §438-A. Municipal authority; state oversight
Status: in_force

With respect to all shoreland areas described in section 435 , municipalities shall adopt zoning and land use control ordinances pursuant to existing enabling legislation, under home rule authority and in accordance with the following requirements. The deadline for municipalities to adopt a shoreland zoning ordinance meeting the minimum guidelines adopted by the Board of Environmental Protection is extended to July 1, 1992. [PL 1991, c. 622, Pt. X, §12 (AMD).]

Notwithstanding other provisions of this article, the regulation of timber harvesting and timber harvesting activities in shoreland areas must be in accordance with section 438‑B and rules adopted by the Commissioner of Agriculture, Conservation and Forestry pursuant to Title 12, section 8867‑B . [PL 2005, c. 226, §2 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

1. Land use guidelines. In accordance with Title 5, chapter 375, subchapter II , the Board of Environmental Protection shall adopt, and from time to time shall update and amend, minimum guidelines for municipal zoning and land use controls that are designed to carry out the legislative purposes described in section 435 and the provisions of this article. These minimum guidelines must include provisions governing building and structure size, setback and location and establishment of resource protection, general development, limited residential, commercial fisheries and maritime activity zones and other zones. Within each zone, the board shall prescribe uses that may be allowed with or without conditions and shall establish criteria for the issuance of permits and nonconforming uses, land use standards and administrative and enforcement procedures. These guidelines must also include a requirement for a person issued a permit pursuant to this article in a great pond watershed to have a copy of the permit on site while work authorized by the permit is being conducted. The board shall comprehensively review and update its guidelines and shall reevaluate and update the guidelines at least once every 4 years. A. Minimum guidelines adopted by the board under this subsection may not require the issuance of a municipal permit for the repair and maintenance of an existing road culvert or for the replacement of an existing road culvert, as long as the replacement culvert is: (2) Not more than 25% longer than the culvert being replaced; and (3) Not longer than 75 feet. Ancillary culverting activities, including excavation and filling, are included in this exemption. A person repairing, replacing or maintaining an existing culvert under this paragraph shall ensure that erosion control measures are taken to prevent sedimentation of the water and that the crossing does not block fish passage in the water course. [PL 1993, c. 315, §1 (AMD).] [PL 1993, c. 315, §1 (AMD).]

1-A. Minimum guidelines; limitations. The minimum guidelines adopted under subsection 1 may not require a municipality, in adopting an ordinance, to: A. Treat an increase in hours or days of operation of a nonconforming use as an expansion of a nonconforming use; or [PL 1991, c. 419 (NEW).] B. Treat as a single lot, 2 or more contiguous lots, at least one of which is nonconforming, owned by the same person or persons on the effective date of the municipal ordinance and recorded in the registry of deeds if the lot is served by a public sewer or can accommodate a subsurface sewage disposal system in conformance with state subsurface wastewater disposal rules, and: (1) Each lot contains at least 100 feet of shore frontage and at least 20,000 square feet of lot area; or (2) Any lots that do not meet the frontage and lot size requirements of subparagraph (1) are reconfigured or combined so that each new lot contains at least 100 feet of shore frontage and 20,000 square feet of lot area. For purposes of this paragraph the term "nonconforming" means that a lot does not meet the minimum standards for lot area and shore frontage required by municipal ordinances adopted pursuant to this article. [PL 1991, c. 419 (NEW).] [PL 1991, c. 419 (NEW).]

1-B. Notification to landowners. This subsection governs notice to landowners whose property is being considered for placement in a resource protection zone. A. In addition to the notice required by Title 30‑A, section 4352, subsection 9 , a municipality shall provide written notification to landowners whose property is being considered by the municipality for placement in a resource protection zone. Notification to landowners must be made by first-class mail to the last known addresses of the persons against whom property tax on each parcel is assessed. The municipal officers shall prepare and file with the municipal clerk a sworn, notarized certificate indicating those persons to whom notice was mailed and at what addresses, and when, by whom and from what location notice was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate. The municipality must send notice not later than 14 days before it holds a public hearing on adoption or amendment of a zoning ordinance or map that places the landowners' property in the resource protection zone. Once a landowner's property has been placed in a resource protection zone, individual notice is not required to be sent to the landowner when the zoning ordinance or map is later amended in a way that does not affect the inclusion of the landowner's property in the resource protection zone. [PL 2013, c. 320, §7 (AMD).] B. In addition to the notice required by this Title or by rules adopted pursuant to this Title, the board shall provide written notification to landowners whose property is being considered by the board for placement in a resource protection zone. Notification to landowners must be made by first-class mail to the last known addresses of the persons against whom property tax on each parcel is assessed. The board shall prepare and file with the commissioner a sworn, notarized certificate indicating those persons to whom notice was mailed and at what addresses, and when, by whom and from what location notice was mailed. This certificate constitutes prima facie evidence that notice was sent to those persons named in the certificate. The board must send notice not later than 30 days before the close of the public comment period prior to formal consideration of placement of the property in a resource protection zone by the board. Upon request of the board, the municipality for which the ordinance is being adopted shall provide the board with the names and addresses of persons entitled to notice under this subsection. Notification and filing of a certificate by the department are deemed to be notification and filing by the board for purposes of this section. [PL 1995, c. 542, §1 (NEW).] C. Any action challenging the validity of an ordinance based on failure by the board or municipality to comply with this subsection must be brought in Superior Court within 30 days after adoption or amendment of the ordinance or map. The Superior Court may invalidate an amended ordinance or map if the appellant demonstrates that the appellant was entitled to receive notice under this subsection, that the municipality or board failed to send notice as required, that the appellant had no knowledge of the proposed adoption or amendment of the ordinance or map and that the appellant was materially prejudiced by that lack of knowledge. This paragraph does not alter the right of a person to challenge the validity of any ordinance or map based on the failure of a municipality to provide notice as required by Title 30‑A, section 4352, subsection 9 or the failure of the board to provide notice as required by this Title. [PL 1995, c. 542, §1 (NEW).] [PL 2013, c. 320, §7 (AMD).]

2. Municipal ordinances. In accordance with a schedule adopted by the board and acting in accordance with a local comprehensive plan, municipalities shall prepare and submit to the commissioner zoning and land use ordinances that are consistent with or are no less stringent than the minimum guidelines adopted by the board and, for coastal communities, that address the coastal management policies cited in section 1801 . When a municipality determines that special local conditions within portions of the shoreland zone require a different set of standards from those in the minimum guidelines, the municipality shall document the special conditions and submit them, together with its proposed ordinance provisions, to the commissioner for review and approval. Notwithstanding section 435 , a municipality may limit to 75 feet the shoreland zone around a freshwater wetland that has not been rated by the Department of Inland Fisheries and Wildlife as having moderate or high value provided that the municipality applies the requirements of this article regarding streams as defined under section 436‑A to any outlet stream from any freshwater wetland. [PL 1993, c. 196, §3 (AMD).]

3. Commissioner approval. Municipal ordinances, amendments and any repeals of ordinances are not effective unless approved by the commissioner. In determining whether to approve municipal ordinances or amendments, the commissioner shall consider the legislative purposes described in section 435 , the minimum guidelines and any special local conditions which, in the judgment of the commissioner, justify a departure from the requirements of the minimum guidelines in a manner not inconsistent with the legislative purposes described in section 435 . Recognizing that the guidelines are intended as minimum standards, the commissioner shall approve a municipal ordinance that imposes more restrictive standards than those in the guidelines. If an ordinance or an amendment adopted by a municipality contains standards inconsistent with or less stringent than the minimum guidelines, the commissioner, after notice to the municipality, may approve the proposed ordinances or amendment with conditions imposing the minimum guidelines in place of the inconsistent or less stringent standard or standards. Those conditions are effective and binding within the municipality and must be administered and enforced by the municipality. If the commissioner fails to act on any proposed municipal ordinance or amendment within 45 days of the commissioner's receipt of the proposed ordinance or amendment, the ordinance or amendment is automatically approved. Any application for a shoreland zoning permit submitted to a municipality within the 45-day period is governed by the terms of the proposed ordinance or amendment if the ordinance or amendment is approved under this subsection. A municipality may appeal to the board a decision of the commissioner under this subsection. [PL 1991, c. 346, §4 (AMD).]

4. Failure to adopt ordinances. If the commissioner determines, after notice to a municipality, that the municipality has failed to adopt ordinances as required under this article or that an ordinance that the municipality has adopted does not satisfy the requirements and purposes under this article, and that the commissioner is unable to make the ordinance consistent with the minimum guidelines by the imposition of conditions, as set forth in subsection 3 , then the commissioner shall request and the board may adopt, acting in accordance with Title 5, chapter 375, subchapter II , suitable ordinances, or suitable provisions of ordinances, on behalf of the municipality. Notwithstanding subsections 2 and 3 , if the board determines that special water quality considerations on a great pond warrant more restrictive standards than those contained in the minimum guidelines, the board may adopt the additional standards for all municipalities outside the jurisdiction of the Maine Land Use Planning Commission, which abut those waters. Following adoption by the board, these ordinances or provisions are effective and binding within the municipality and must be administered and enforced by that municipality. The board may adopt modifications to ordinances adopted pursuant to this subsection. Preparation and notice of proposed modifications, prior to consideration by the board, may be initiated by the commissioner. [PL 1995, c. 493, §3 (AMD); PL 2011, c. 682, §38 (REV).]

5. Exemptions. Any areas within a municipality that are subject to nonmunicipal zoning and land use controls may be exempted from the operation of this section upon a finding by the commissioner that the purposes of this chapter have been accomplished by nonmunicipal measures. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §46 (AMD).]

6. Variances. [PL 1991, c. 346, §6 (RP).]

6-A. Variances. A copy of a request for a variance under an ordinance approved or imposed by the commissioner or board under this article must be forwarded by the municipality to the commissioner at least 20 days prior to action by the municipality. The material submitted must include the application and all supporting information provided by the applicant. The commissioner may comment when the commissioner determines that the municipal issuance of the variance would not be in compliance with the requirements of state law for a zoning variance or that the variance would undermine the purposes stated in section 435 . These comments, if submitted by the commissioner prior to the action by the municipality, must be made part of the record and must be considered by the municipality prior to taking action on the variance request. [PL 2005, c. 440, §1 (NEW).]

7. Exclusion of recreational boat storage buildings. Notwithstanding subsection 3 , the exclusion of recreational boat storage buildings from the definition of "functionally water-dependent uses" is deemed to be incorporated into each municipal shoreland zoning ordinance on the effective date of this subsection, regardless of any prior approval of the ordinance by the commissioner. [PL 1997, c. 726, §2 (NEW).]
38 M.R.S. § 480-B — ME Code / Title 38 / Chapter 3 / Section 480-B
38 §480-B. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 809, §2 (NEW).]

1. Coastal sand dune systems. "Coastal sand dune systems" means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. Coastal sand dune systems may extend into coastal wetlands. [PL 1997, c. 603, §1 (AMD).]

1-A. Community public water system. "Community public water system" has the same meaning as "community water system" has in Title 22, section 2660‑B, subsection 2 . [PL 2007, c. 353, §6 (NEW).]

1-B. Community public water system primary protection area. "Community public water system primary protection area" means: A. The area within 250 feet, measured horizontally, of a great pond that is a source for a community public water system; [PL 2007, c. 353, §7 (NEW).] B. The area within 250 feet, measured horizontally, of a river, stream or brook that is a source for a community public water system for a distance of 1/2 mile upstream from the intake of the public water supply; or [PL 2007, c. 353, §7 (NEW).] C. A source water protection area identified and mapped by the Department of Health and Human Services as described under Title 30‑A, section 2001, subsection 20‑A . [PL 2007, c. 353, §7 (NEW).] [PL 2007, c. 353, §7 (NEW).]

2. Coastal wetlands. "Coastal wetlands" means: A. All areas with vegetation present that is tolerant of salt water and occurs primarily in a saltwater or estuarine habitat; and [PL 2025, c. 128, §2 (NEW).] B. All tidal and subtidal lands and any swamp, marsh, bog, beach, flat or other contiguous lowland subject to tidal action during the highest astronomical tide as determined by the United States Department of Commerce, National Oceanic and Atmospheric Administration. [PL 2025, c. 128, §2 (NEW).] Coastal wetlands may include portions of coastal sand dunes. [PL 2025, c. 128, §2 (RPR).]

2-A. Dredge spoils. "Dredge spoils" means sand, silt, mud, gravel, rock or other sediment or material that is moved from coastal wetlands. [PL 1989, c. 656, §2 (NEW).]

2-B. Forest management activities. "Forest management activities" means timber stand improvement, timber harvesting activities, forest products harvesting and regeneration of forest stands. For the purposes of this definition, "timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. For the purposes of this definition, "timber harvesting" has the same meaning as in Title 12, section 8868, subsection 4 . [PL 2021, c. 30, §8 (AMD).]

2-C. Forested wetland. "Forested wetland" means a freshwater wetland dominated by woody vegetation that is 6 meters tall, or taller. [PL 1989, c. 838, §3 (NEW).]

2-D. Floodplain wetland. "Floodplain wetland" means lands adjacent to a river, stream or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils. [PL 1991, c. 214, §1 (NEW).]

2-E. Footprint. "Footprint" means the outline of a structure on the ground, except that for a building "footprint" means the outline that would be created on the ground by extending the exterior walls of a building to the ground surface. [PL 2011, c. 538, §8 (AMD).]

3. Fragile mountain areas. "Fragile mountain areas" means areas above 2,700 feet in elevation from mean sea level. [PL 1987, c. 809, §2 (NEW).]

4. Freshwater wetlands. "Freshwater wetlands" means freshwater swamps, marshes, bogs and similar areas that are: A. [PL 1995, c. 460, §1 (RP); PL 1995, c. 460, §12 (AFF).] B. Inundated or saturated by surface or groundwater at a frequency and for a duration sufficient to support, and which under normal circumstances do support, a prevalence of wetland vegetation typically adapted for life in saturated soils; and [PL 1995, c. 460, §1 (AMD); PL 1995, c. 460, §12 (AFF).] C. Not considered part of a great pond, coastal wetland, river, stream or brook. [PL 1987, c. 809, §2 (NEW).] [PL 1995, c. 460, §1 (AMD); PL 1995, c. 460, §12 (AFF).]

5. Great ponds. "Great ponds" means any inland bodies of water which in a natural state have a surface area in excess of 10 acres and any inland bodies of water artificially formed or increased which have a surface area in excess of 30 acres. [PL 1987, c. 809, §2 (NEW).]

5-A. Mooring. "Mooring" means equipment, such as anchors, chains and lines, for holding fast a vessel, aircraft, floating dock or buoy. [PL 1993, c. 187, §1 (NEW).]

5-B. Impervious area. "Impervious area" means an area that is a building, parking lot, roadway or similar constructed area. "Impervious area" does not mean a deck or patio. [PL 2011, c. 64, §2 (NEW).]

5-C. Motorized recreational gold prospecting. "Motorized recreational gold prospecting" means the operation of small-scale, motorized equipment for the removal, separation, refinement and redeposition of sediments and other substrates occurring below the normal high-water mark of a stream for the noncommercial, recreational discovery and collecting of gold specimens. "Motorized recreational gold prospecting" includes, but is not limited to, the operation of a motorized suction dredge, sluice, pump, rocker box or winch, individually or together. [PL 2013, c. 536, §1 (NEW).]

6. Normal high water line. "Normal high water line" means that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. In the case of great ponds, all land below the normal high water line shall be considered the bottom of the great pond for the purposes of this article. [PL 1987, c. 809, §2 (NEW).]

6-A. Offshore wind power project. "Offshore wind power project" means a project that uses a windmill or wind turbine to convert wind energy to electrical energy and is located in whole or in part within coastal wetlands. "Offshore wind power project" includes both generating facilities as defined by Title 35‑A, section 3451, subsection 5 and associated facilities as defined by Title 35‑A, section 3451, subsection 1 , without regard to whether the electrical energy is for sale or use by a person other than the generator. [PL 2009, c. 615, Pt. E, §6 (NEW).]

7. Permanent structure. "Permanent structure" means any structure that is designed to remain at or that is constructed or erected with a fixed location or that is attached to a structure with a fixed location for a period exceeding 7 months within any 12-month period, including, but not limited to, causeways, piers, docks, concrete slabs, piles, marinas, retaining walls and buildings. [PL 2007, c. 290, §2 (AMD).]

8. Protected natural resource. "Protected natural resource" means coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, community public water system primary protection areas, great ponds or rivers, streams or brooks, as these terms are defined in this article. [RR 2007, c. 1, §20 (COR).]

8-A. Transportation reconstruction or replacement project. "Transportation reconstruction or replacement project" means the improvement of an existing transportation facility to modern design standards without expanding its function or creating any additional roadways, facilities or structures. These projects are limited to: A. Highway or bridge alignment changes not exceeding a distance of 200 feet between the old and new center lines in any protected natural resource; [PL 1989, c. 814, §1 (NEW).] B. Replacement or rehabilitation of the roadway base, pavement and drainage; [PL 1989, c. 814, §1 (NEW).] C. Replacement or rehabilitation of bridges or piers; [PL 1989, c. 814, §1 (NEW).] D. The addition of climbing lanes, and turning lanes of less than 1,000 feet in length in a protected natural resource; and [PL 1989, c. 814, §1 (NEW).] E. Rehabilitation or repair of state-owned railroads. [PL 1989, c. 814, §1 (NEW).] [PL 1989, c. 814, §1 (NEW).]

9. River, stream or brook. "River, stream or brook" means a channel between defined banks. A channel is created by the action of surface water and has 2 or more of the following characteristics. A. It is depicted as a solid or broken blue line on the most recent edition of the U.S. Geological Survey 7.5-minute series topographic map or, if that is not available, a 15-minute series topographic map. [PL 1995, c. 92, §2 (NEW).] B. It contains or is known to contain flowing water continuously for a period of at least 6 months of the year in most years. [PL 2001, c. 618, §1 (AMD).] C. The channel bed is primarily composed of mineral material such as sand and gravel, parent material or bedrock that has been deposited or scoured by water. [PL 1995, c. 92, §2 (NEW).] D. The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water or, if no surface water is present, within the stream bed. [PL 1995, c. 92, §2 (NEW).] E. The channel contains aquatic vegetation and is essentially devoid of upland vegetation. [PL 1995, c. 92, §2 (NEW).] "River, stream or brook" does not mean a ditch or other drainage way constructed, or constructed and maintained, solely for the purpose of draining storm water or a grassy swale. [PL 2001, c. 618, §1 (AMD).]

9-A. Significant groundwater well. "Significant groundwater well" is defined as follows. A. "Significant groundwater well" means any well, wellfield, excavation or other structure, device or method used to obtain groundwater that is: (1) Withdrawing at least 75,000 gallons during any week or at least 50,000 gallons on any day and is located at a distance of 500 feet or less from a coastal or freshwater wetland, great pond, significant vernal pool habitat, water supply well not owned or controlled by the applicant or river, stream or brook; or (2) Withdrawing at least 216,000 gallons during any week or at least 144,000 gallons on any day and is located at a distance of more than 500 feet from a coastal or freshwater wetland, great pond, significant vernal pool habitat, water supply well not owned or controlled by the applicant or river, stream or brook. Withdrawals of water for firefighting or preoperational capacity testing are not applied toward these thresholds. [PL 2009, c. 295, §1 (AMD).] B. "Significant groundwater well" does not include: (1) A public water system as defined in Title 22, section 2601, subsection 8 , except that "significant groundwater well" includes: (a) A public water system used solely to bottle water for sale; and (b) Any portion of a public water system that is: (i) Constructed on or after January 1, 2009; (ii) Used solely to bottle water for sale; and (iii) Not connected to another portion of the public water system through pipes intended to convey water. For purposes of this paragraph, a public water system that is used solely to bottle water for sale includes a public water system that bottles water for sale and may provide a de minimus amount of water for other purposes, such as employee or other use, as determined by the department; (2) Individual home domestic supply; (3) Agricultural use or storage; (3-A) Dewatering of a mining operation; (4) A development or part of a development requiring a permit pursuant to article 6 , article 7 or article 8‑A ; or (5) A structure or development requiring a permit from the Maine Land Use Planning Commission. [PL 2009, c. 295, §1 (AMD); PL 2011, c. 682, §38 (REV).] [PL 2009, c. 295, §1 (AMD); PL 2011, c. 682, §38 (REV).]

10. Significant wildlife habitat. "Significant wildlife habitat" means: A. The following areas to the extent that they have been mapped by the Department of Inland Fisheries and Wildlife or are within any other protected natural resource: high and moderate value deer wintering areas and travel corridors as defined by the Department of Inland Fisheries and Wildlife; seabird nesting islands as defined by the Department of Inland Fisheries and Wildlife; and critical spawning and nursery areas for Atlantic salmon as defined by the Department of Marine Resources; and [PL 2023, c. 156, §1 (AMD).] B. Except for solely forest management activities, for which "significant wildlife habitat" is as defined and mapped in accordance with section 480‑I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource: (1) Significant vernal pool habitat; (2) High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas; (3) Shorebird nesting, feeding and staging areas; and (4) Habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 that is within another protected natural resource area or that is located wholly or partly within the boundaries of a proposed project site that requires approval from: (a) The department pursuant to this article or article 6 , 7 or 8‑A , except for activity or development on a residential lot that is not part of a proposed multi lot housing development; or (b) The Maine Land Use Planning Commission pursuant to this article as provided in section 480‑E‑1 or, for subdivisions and nonresidential uses only, pursuant to Title 12, chapter 206‑A . [PL 2023, c. 156, §2 (AMD).] [PL 2023, c. 156, §§1, 2 (AMD).]

11. Working waterfront activity. "Working waterfront activity" means an activity that qualifies a parcel of land as working waterfront land. "Working waterfront activity" includes commercial fishing activities; commercial boat building and repair; commercial hauling, launching, storage and berthing of boats; marine construction; marine freight and passenger transportation; and other similar commercial activities that are dependent on the waterfront. As used in this subsection, "commercial fishing activities" has the same meaning as in Title 36, section 1132, subsection 3 . [PL 2013, c. 231, §3 (NEW).]

12. Working waterfront land. "Working waterfront land" means a parcel of land, or a portion thereof, abutting water to the head of tide, land located in the intertidal zone or submerged land that is used primarily or predominantly to provide access to or support the conduct of a working waterfront activity. [PL 2013, c. 231, §3 (NEW).]
38 M.R.S. § 1310-S — ME Code / Title 38 / Chapter 13 / Section 1310-S
38 §1310-S. Public and local participation
Status: in_force

In addition to provisions for public participation provided pursuant to Title 5, chapter 375 , the following provisions apply to an application for a solid waste disposal facility. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).]

1. Notification. A person applying for a license under this article or giving notice to the commissioner pursuant to section 485‑A shall give, at the same time, written notice to the municipal officers of the municipality in which the proposed facility may be located and shall publish notice of the application in a newspaper of general circulation in the area. [PL 2011, c. 655, Pt. GG, §14 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1-A. Preliminary notice. Sixty days prior to submitting an application to the commissioner regarding a specific site for a solid waste disposal facility, the applicant shall notify by certified mail the municipal officers of the municipality in which the site is located or, in the unorganized territories, the county commissioners with jurisdiction over the site. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).]

2. Public hearing. The department may hold an adjudicatory public hearing within the municipality in which the facility may be located or in a convenient location in the vicinity of the proposed facility. The department shall hold an adjudicatory public hearing on an application for a new or expanded commercial or state-owned solid waste disposal facility that accepts special waste upon request from a resident or a property owner in the municipality in which the proposed facility is located. Upon a timely request for an adjudicatory hearing from 5 or more residents in the municipality in which the facility is located or abutting property owners of the facility, the commissioner shall hold an adjudicatory public hearing on an application for a vertical increase in the approved final elevation that would increase the waste disposal capacity of a commercial or state-owned solid waste disposal facility that accepts special waste or the commissioner shall request that the board assume jurisdiction in accordance with section 344, subsection 2‑A . At a hearing on an application for a vertical increase in the approved final elevation that would increase the waste disposal capacity, the testimony is limited to issues related to relevant standards of review under chapter 13, subchapter 1‑A . The hearing must be conducted in accordance with Title 5, chapter 375, subchapter 4 . Administrative expenses of a hearing held pursuant to this subsection and all costs incurred by the department in processing an application must be paid for by the person applying for the license as provided in department rules. [PL 2005, c. 341, §1 (AMD).]

3. Automatic municipal intervenor status. The municipal officers, or their designees, from the municipality in which the facility would be located have intervenor status if they request it within 60 days of notification under subsection 1 . The intervenor status granted under this subsection applies in any proceeding for a license under this article. Immediately upon the commissioner's receipt of such a request, the intervenors have all rights and responsibilities commensurate with this status. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).]

3-A. Automatic abutter intervenor status. An abutting property owner has intervenor status in any public hearing held pursuant to subsection 2 if the property owner requests it no later than 10 days following public notice of the hearing. Immediately upon the commissioner's receipt of such a request, the intervenor has all rights and responsibilities commensurate with this status. A party granted intervenor status under this subsection is not eligible for intervenor assistance grants or reimbursements pursuant to subsection 4 . For purposes of this subsection, "abutting property owner" means an owner of property that is both contiguous to the property on which a facility is proposed and within 1 mile of the location of the proposed facility site, including property directly across a public or private right-of-way. [PL 1997, c. 624, §16 (NEW).]

4. Financial assistance. The commissioner shall reimburse or make assistance grants for the direct expenses of intervention of any party granted intervenor status under subsection 3 , not to exceed $50,000. The board shall adopt rules governing the award and management of intervenor assistance grants and reimbursement of expenses to ensure that the funds are used in support of direct, substantive participation in the proceedings before the department. Allowable expenses include, without limitation, hydrogeological studies, waste generation and recycling studies, traffic analyses, the retention of expert witnesses and attorneys and other related items. Expenses not used in support of direct, substantive participation in the proceedings before the department, including attorney's fees related to court appeals, are not eligible for reimbursement under this subsection. Expenses otherwise eligible under this section that are incurred by the municipality after notification pursuant to subsection 1 are eligible for reimbursement under this subsection only if a completed application is accepted by the department. The commissioner may make an additional assistance grant not to exceed $50,000, to be paid by the applicant as provided in department rules, to any party granted intervenor status under subsection 3 on an application for the expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling when the intervenor demonstrates to the commissioner that the size, nature, location, geological setting or other relevant factors warrant additional expenditures for technical assistance. The board shall also establish rules governing: A. The process by which an intervenor under subsection 3 may gain entry to the proposed facility site for purposes of reasonable inspection and site investigations under the auspices of the department; and [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).] B. The reduction in the maximum level of reimbursable costs to the extent the municipality establishes by local ordinance any substantially similar financial requirements of the applicant. [PL 1987, c. 517, §25 (NEW).] [PL 1997, c. 624, §17 (AMD).]

5. Unincorporated townships and plantations. For the purposes of this section, county commissioners shall act as municipal officers for unincorporated townships, and assessors of plantations shall act as municipal officers for plantations. [PL 1987, c. 557, §3 (NEW).]
38 M.R.S. § 2152-A — ME Code / Title 38 / Chapter 24 / Section 2152-A
38 §2152-A. State-owned solid waste disposal facilities; purpose, management and operation; disposal of municipal solid waste
Status: in_force

1. Purpose of State-owned solid waste disposal facilities. The Legislature finds that the purpose of State-owned solid waste disposal facilities is to ensure that adequate disposal capacity is available for the disposal of solid waste generated within the State through the development of new disposal capacity for anticipated state disposal capacity needs and the operation of existing facilities to address current state disposal capacity needs. [PL 2019, c. 291, Pt. A, §2 (NEW).]

2. Consistency with solid waste management hierarchy. The Legislature intends that all aspects of the management and operation of State-owned solid waste disposal facilities be conducted in a manner that maximizes alignment with the solid waste management hierarchy under section 2101 . The bureau, the operators of State-owned solid waste disposal facilities and the department shall ensure that the acceptance of waste at State-owned solid waste disposal facilities is consistent with the hierarchy and that options for the management of such waste that represent a higher priority on the hierarchy are not otherwise reasonably available. [PL 2019, c. 291, Pt. A, §2 (NEW).]

3. Disposal of municipal solid waste at State-owned solid waste disposal facilities; department authorization criteria; department limitation of disposal. The Legislature intends that the State prioritize the disposal at State-owned solid waste disposal facilities of special wastes for which there are limited disposal options in the State and minimize the disposal at State-owned solid waste disposal facilities of non-bypass, unprocessed municipal solid waste. In accordance with this intent and with the provisions of this chapter and chapter 13 , the department may: A. Authorize the land disposal of non-bypass, unprocessed municipal solid waste at a State-owned solid waste disposal facility only when: (1) A specific need for the disposal has been identified by the bureau and the operator of the facility; (2) The disposal is consistent with the solid waste management hierarchy under section 2101 , as determined by the department; and (3) Options for the management of the waste that represent a higher priority on the hierarchy are not otherwise reasonably available, as determined by the department; and [PL 2019, c. 291, Pt. A, §2 (NEW).] B. Limit the volume of municipal solid waste disposed of at a State-owned solid waste disposal facility and the duration of such disposal through the imposition of such limitations under the facility's license. [PL 2019, c. 291, Pt. A, §2 (NEW).] [PL 2019, c. 291, Pt. A, §2 (NEW).]
38 M.R.S. § 1394 — ME Code / Title 38 / Chapter 13-D / Section 1394
38 §1394. Variances
Status: in_force

The provisions of this section govern the granting of a variance from the prohibitions under section 1393 . [PL 2007, c. 569, §6 (NEW).]

1. Community drinking water well, private drinking water well or well that supplies school. In the case of a community drinking water well, a private drinking water well or a well that supplies drinking water to a school, the commissioner may grant a variance from the prohibition of section 1393 if the applicant demonstrates that no hydrogeologic connection exists between the proposed facility and the water supply at issue. [PL 2007, c. 569, §6 (NEW).]

2. Public drinking water well that is not community drinking water well or does not supply school. In the case of a public drinking water well other than a community drinking water well or a drinking water well supplying drinking water to a school, the commissioner may grant a variance from the prohibition of section 1393 if the commissioner determines that the engineering and monitoring measures proposed by the applicant exceed regulatory requirements and will effectively minimize the likelihood of drinking water contamination due to the discharge of oil or hazardous waste. [PL 2007, c. 569, §6 (NEW).]

3. Determination. In considering whether to grant a variance under this section, the commissioner may consider the importance of the groundwater resource, the hydrogeology of the site and other relevant factors. [PL 2007, c. 569, §6 (NEW).]

4. Procedure. The commissioner shall provide public notice and an opportunity for public comment on each variance request. The commissioner may deny a variance request or approve the request with or without conditions. The decision must be in writing with findings sufficient to explain the basis of the decision. The decision may be appealed to the board under section 341‑D, subsection 4, paragraph A . [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 2214 — ME Code / Title 38 / Chapter 24 / Section 2214
38 §2214. Trust agreements or other documents
Status: in_force

1. Trust agreements or other documents. At the discretion of the agency, revenue obligation securities may be issued under this subchapter pursuant to a trust agreement or other document. The trust agreement or other document may: A. Pledge or assign the revenues or proceeds of the project or projects or other eligible collateral; [PL 1989, c. 585, Pt. A, §7 (NEW).] B. Set forth the rights and remedies of the security holders and other persons and contain any reasonable and legal provisions for protecting the rights and remedies of the security holders; [PL 1989, c. 585, Pt. A, §7 (NEW).] C. Restrict the individual right of action by security holders; and [PL 1989, c. 585, Pt. A, §7 (NEW).] D. Include covenants setting forth the duties of the agency and user in relation to: (1) Acquisition of property or eligible collateral; (2) Construction, reconstruction, renewal, replacement and insurance of the project or eligible collateral; (3) Rents to be charged or other payments to be made for use; (4) Payment for the project or eligible collateral; and (5) Custody, safeguarding and application of all money. [PL 1989, c. 585, Pt. A, §7 (NEW).] Any financial institution may furnish indemnifying bonds or pledge the securities as may be required by the agency. [PL 1989, c. 585, Pt. A, §7 (NEW).]

2. Mortgages. To further secure the payment of the revenue obligation securities, the trust agreement or other document may mortgage or assign the mortgage of the project, or any part of the project, and create a lien on or security interest in any or all of the project. In the event of a default with respect to the revenue obligation securities, the trustee, mortgagee or other person may be authorized by the trust agreement or other document containing a mortgage or assignment of a mortgage to take possession of, hold, manage and operate all or any part of the mortgaged property and, with or without taking possession, to sell or from time to time lease the property in accordance with law. Any security interest granted by the authority under this chapter may be created and perfected in accordance with the Uniform Commercial Code, Title 11, Article 9‑A . [PL 1999, c. 699, Pt. D, §29 (AMD); PL 1999, c. 699, Pt. D, §30 (AFF).]

3. Additional provisions. Any trust agreement or other document may contain provisions which shall be a part of the contract with holders of revenue obligation securities as to: A. Pledging any specified revenues or assets of the agency to secure the payment of the securities, subject to agreements with existing holders of securities; [PL 1989, c. 585, Pt. A, §7 (NEW).] B. Pledging all or any part of the unencumbered revenues or assets of the agency to secure the payment of securities, subject to agreements with existing holders of securities; [PL 1989, c. 585, Pt. A, §7 (NEW).] C. Setting aside, regulating and disposing of reserves or sinking funds; [PL 1989, c. 585, Pt. A, §7 (NEW).] D. Limitations on the purpose to which the proceeds of sale of securities may be applied and the pledge of the proceeds to secure the payment of the securities or of any issue of securities; [PL 1989, c. 585, Pt. A, §7 (NEW).] E. Limitations on the issuance of additional securities; [PL 1989, c. 585, Pt. A, §7 (NEW).] F. The terms on which additional securities may be issued and secured and the refunding of outstanding or other securities; [PL 1989, c. 585, Pt. A, §7 (NEW).] G. The procedure, if any, by which the terms of any contract with holders of securities may be amended or abrogated, including the proportion of the holders which must consent and the manner in which the consent may be given; [PL 1989, c. 585, Pt. A, §7 (NEW).] H. Limitations on the amount of money to be expended by the agency for operating expenses of the agency; [PL 1989, c. 585, Pt. A, §7 (NEW).] I. Vesting in a trustee or trustees such property, rights, powers and duties in trust as the agency may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of the securities under this subchapter, and limiting or abrogating the right of the holders of the securities to appoint a trustee under this chapter or limiting the rights, powers and duties of the trustee; [PL 1989, c. 585, Pt. A, §7 (NEW).] J. Defining the acts or omissions to act which will constitute a default in the obligations and duties of the agency to the holders of the securities and providing for the rights and remedies of the holders of the securities in the event of default, including, as a matter of right, the appointment of a receiver, but only if the rights and remedies are not inconsistent with the laws of the State and other provisions of this subchapter; and [PL 1989, c. 585, Pt. A, §7 (NEW).] K. Any other matters, of like or different character, which in any way affect the security or protection of the holders of the securities. [PL 1989, c. 585, Pt. A, §7 (NEW).] [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Expenses; pledges. All expenses incurred in carrying out a trust agreement or financial document may be treated as a part of the cost of the operation of the project. All pledges of revenue or eligible collateral under this subchapter shall be valid and binding from the time when the pledge is made. All the revenues or eligible collateral pledged and later received by the agency shall immediately be subject to the lien of the pledges without any physical delivery or further action under the Uniform Commercial Code or otherwise. The lien of the pledges shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise, against the agency, irrespective of whether the parties have notice thereof. [PL 1989, c. 585, Pt. A, §7 (NEW).]

5. Other provisions. A trust agreement or financial document may contain other provisions the agency deems reasonable and proper for the security of the security holders. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 1614 — ME Code / Title 38 / Chapter 16 / Section 1614
38 §1614. Products containing PFAS (REALLOCATED FROM TITLE 38, SECTION 1612)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1612)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Carpet or rug" means a consumer product made from natural or synthetic fabric intended to be used as a floor covering inside commercial or residential buildings. "Carpet or rug" includes, but is not limited to, a carpeted doormat, but does not include: (1) A carpet or rug intended solely for outdoor use; (2) A carpet or rug intended solely for use inside an aircraft, train, watercraft, automobile, light duty truck, van, bus or any other vehicle and any aftermarket or replacement part marketed solely for use in a vehicle; (3) A resilient floor covering; (4) Artificial turf; (5) A wall hanging or covering; (6) A table mat; or (7) A camping sleeping mat. [PL 2023, c. 630, §1 (AMD).] A-1. "Adult mattress" means a mattress that is not a crib mattress or a toddler mattress. [PL 2023, c. 630, §1 (NEW).] A-2. "Aerosol propellant" has the same meaning as in section 1613, subsection 1, paragraph A . [PL 2023, c. 630, §1 (NEW).] A-3. "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition an indoor environment by eliminating odors or freshening the air. [PL 2023, c. 630, §1 (NEW).] A-4. "Aircraft" means a contrivance operated by direct physical contact from a human that is used or designed for navigation of or flight in the air that requires certification and registration as prescribed by federal law or regulation. "Aircraft" does not include: (1) A lighter-than-air balloon operated by direct physical contact from a human; or (2) An ultralight vehicle, as defined in 14 Code of Federal Regulations, Part 103, regardless of whether the ultralight vehicle is certified by the United States Department of Transportation, Federal Aviation Administration. [PL 2023, c. 630, §1 (NEW).] A-5. "Alternative" means a substance or chemical that, if used in place of a PFAS in a product, would result in a functionally equivalent product and would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential harm to human health or the environment as the PFAS. "Alternative" includes: (1) A reformulated version of a product in which the intentionally added PFAS in the product has been removed; and (2) Changes to a product's manufacturing process that result in the removal of the PFAS from the product. [PL 2023, c. 630, §1 (NEW).] A-6. "Architectural fabric structure" means a permanent fabric structure that is intrinsic to the design or construction of a building. [PL 2023, c. 630, §1 (NEW).] A-7. "Artificial turf" means an artificial product made from synthetic material that simulates the appearance of natural turf, grass, sod or lawn. [PL 2023, c. 630, §1 (NEW).] A-8. "Automotive maintenance product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to maintain the appearance of a motor vehicle. "Automotive maintenance product" includes products for washing, waxing, polishing, cleaning or treating the exterior or interior surface of a motor vehicle, but does not include automotive paint or automotive paint repair products. [PL 2023, c. 630, §1 (NEW).] A-9. "Cleaning product" means a finished product used primarily for domestic, commercial or institutional cleaning purposes, including, but not limited to, an air care product, an automotive maintenance product, a general cleaning product and a polish or floor maintenance product. [PL 2023, c. 630, §1 (NEW).] A-10. "Cookware product" means a durable houseware product intended to be used to prepare, dispense or store food, foodstuffs or beverages, including, but not limited to, a pot, pan, skillet, grill, baking sheet, baking mold, tray, bowl and cooking utensil. [PL 2023, c. 630, §1 (NEW).] A-11. "Cosmetic product" means a product intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness or altering the appearance. "Cosmetic product" includes any product intended for use as a component of another cosmetic product, but does not include soap or a product that requires a prescription for distribution or dispensing. [PL 2023, c. 630, §1 (NEW).] B. "Currently unavoidable use" means a use of PFAS that the department has determined by rule under this section to be essential for health, safety or the functioning of society and for which alternatives are not reasonably available. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] B-1. "Essential for health, safety or the functioning of society" means a use of a PFAS in a product when the function provided by the PFAS is necessary for the product to perform as intended, such that the unavailability of the PFAS for use in the product would cause the product to be unavailable, which would result in: (1) A significant increase in negative health outcomes; (2) An inability to mitigate significant risks to human health or the environment; or (3) A significant disruption of the daily functions on which society relies. [PL 2023, c. 630, §1 (NEW).] C. "Fabric treatment" means a substance applied to fabric to give the fabric one or more characteristics, including but not limited to stain resistance or water resistance. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] C-1. "Foam" has the same meaning as in section 1613, subsection 1, paragraph K . "Foam" does not include a firefighting or fire-suppressing foam or related product regulated under section 424‑C . [PL 2023, c. 630, §1 (NEW).] D. "Intentionally added PFAS" means PFAS added to a product or one of its product components to provide a specific characteristic, appearance or quality or to perform a specific function. "Intentionally added PFAS" also includes any degradation by-products of PFAS. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] D-1. "Juvenile product" means a product designed or marketed for use by infants and children under 12 years of age including, but not limited to: a baby or toddler foam pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad; infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play yard; polyurethane foam mat, pad or pillow; portable foam nap mat; portable infant sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress. "Juvenile product" does not include an adult mattress or an electronic product marketed for use by children under 12 years of age, including a personal computer, audio and video equipment, calculator, wireless telephone, game console, handheld device incorporating a video screen and any associated peripheral, such as a mouse, keyboard, power supply unit or power cord. [PL 2023, c. 630, §1 (NEW).] D-2. "Known to or reasonably ascertainable by" means, with respect to a person, all information in the person's possession or control as well as all information that a reasonable person similarly situated might be expected to possess, control or know. [PL 2023, c. 630, §1 (NEW).] E. "Manufacturer" means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, "manufacturer" includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] E-1. "Medical device" has the same meaning as the term "device" as defined in 21 United States Code, Section 321(h). [PL 2023, c. 630, §1 (NEW).] E-2. "Off-highway vehicle" means a vehicle designed to be or marketed as capable of off-highway operation, including, but not limited to: (1) A motorcycle or motor-driven cycle; (2) A snowmobile or other vehicle designed to travel over snow or ice; (3) A sand buggy, dune buggy or similar all-terrain vehicle; (4) A motor vehicle commonly referred to as a jeep; and (5) A recreational off-highway vehicle. [PL 2023, c. 630, §1 (NEW).] E-3. "Outdoor apparel for severe wet conditions" means a clothing item that is an extreme and extended use product designed for outdoor sports experts for applications that provide protection against extended exposure to extreme rain conditions or against extended immersion in water or wet conditions to protect the health and safety of the user and that are not marketed for general consumer use, including, but not limited to, such extreme and extended use products designed for offshore fishing, offshore sailing, whitewater kayaking and mountaineering. [PL 2023, c. 630, §1 (NEW).] F. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] G. "Product" means an item manufactured, assembled, packaged or otherwise prepared for sale to consumers, including its product components, sold or distributed for personal, residential, commercial or industrial use, including for use in making other products. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] H. "Product component" means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] H-1. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. [PL 2023, c. 630, §1 (NEW).] I. "Publicly owned treatment works" has the same meaning as in section 361‑A . [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] J. "Refrigerant" has the same meaning as in section 1613, subsection 1, paragraph Y . [PL 2023, c. 630, §1 (NEW).] K. "Single-use" means, with respect to a product, conventionally disposed of after one use or not sufficiently durable or washable to be, or not intended to be, reusable or refillable. [PL 2023, c. 630, §1 (NEW).] L. "Ski wax" means a lubricant applied to the bottom of snow runners, including, but not limited to, skis and snowboards, to improve grip or glide properties. "Ski wax" includes related tuning products. [PL 2023, c. 630, §1 (NEW).] M. "Textile" means an item made in whole or in part from natural or synthetic fiber, yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool, viscose, nylon and polyester. "Textile" does not include a single-use absorbent hygiene product or a single-use paper hygiene product, including, but not limited to, toilet paper, paper towels or tissues. [PL 2023, c. 630, §1 (NEW).] N. "Textile article" means a textile good of a type customarily and ordinarily used in households and businesses. "Textile article" includes, but is not limited to, apparel, accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery, beddings, towels, napkins and tablecloths, but does not include: (1) A carpet or rug; (2) A treatment for use on converted textiles or leathers; (3) A textile used in or designed for laboratory analysis and testing; (4) A stadium shade or other architectural fabric structure; or (5) Filtration media or a filter product used in industrial applications, including, but not limited to, chemical or pharmaceutical manufacturing and environmental control technologies. [PL 2023, c. 630, §1 (NEW).] O. "Upholstered furniture" means an article of furniture that is designed to be used for sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling material. [PL 2023, c. 630, §1 (NEW).] P. "Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a way but does not include such a device that is moved exclusively by human power or that is used exclusively upon stationary rails or tracks. [PL 2023, c. 630, §1 (NEW).] [PL 2023, c. 630, §1 (AMD).]

2. Notification. Except as provided pursuant to paragraph D or subsection 3 , a manufacturer of a product for sale in the State that contains intentionally added PFAS and for which the department has determined that the use of PFAS in the product is a currently unavoidable use in accordance with subsection 5, paragraph F shall comply with the requirements of this subsection. A. The manufacturer shall submit to the department a written notification that includes, to the extent known to or reasonably ascertainable by the manufacturer: (1) A brief description of the product, including an estimate of the total number of units of the product sold annually in the State or nationally; (2) The purpose for which PFAS are used in the product, including in any product components; (3) The amount of each of the PFAS, identified by its chemical abstracts service registry number or in the absence of this number a description approved by the department, in the product, reported as an exact quantity, or as the amount of total organic fluorine if the amount of each of the PFAS is not known, determined using commercially available analytical methods or based on information provided by a supplier as falling within a range approved for reporting purposes by the department or, if the manufacturer is unable to provide information regarding the amount of each of the PFAS in the product, the total weight of the product; (4) The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer; (4-A) The identification of the applicable determination adopted by the department by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product is a currently unavoidable use; and (5) Any additional information required by the department by rule. [PL 2021, c. 477, §1 (NEW); PL 2023, c. 138, §1 (AMD); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).] A-1. At the time the manufacturer submits to the department the written notice required in paragraph A , the manufacturer shall also pay to the department the applicable fee established by the department by rule pursuant to subsection 6. [PL 2023, c. 630, §1 (NEW).] B. With the approval of the department, the manufacturer may supply the information required in paragraph A for a category or type of product rather than for each individual product. [PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).] C. In accordance with rules adopted by the department, the manufacturer shall update and revise the information in the written notification whenever there is significant change in the information or when requested to do so by the department. [PL 2021, c. 477, §1 (NEW); PL 2023, c. 630, §1 (AMD); RR 2021, c. 1, Pt. A, §54 (RAL).] D. The requirements of this subsection do not apply to a manufacturer that employs 100 or fewer people. [PL 2023, c. 138, §2 (NEW); PL 2023, c. 630, §1 (AMD).] [PL 2023, c. 630, §1 (AMD).]

3. Waiver of notification; coordination with other states. The department may waive all or part of the notification requirement under subsection 2 if the department determines that substantially equivalent information is already publicly available. The department may enter into an agreement with one or more other states or political subdivisions of a state to collect notifications and may accept notifications to a shared system as meeting the notification requirement under subsection 2 . [PL 2023, c. 630, §1 (AMD).]

4. Exemptions. The following are exempt from this section: A. A product for which federal law governs the presence of PFAS in the product in a manner that preempts state authority; [PL 2023, c. 138, §3 (AMD); PL 2023, c. 138, §5 (AFF).] B. A package, as defined in Title 32, section 1732, subsection 4 , for a product, except when the package is the product of the manufacturer. The exemption under this paragraph does not apply to the package of a product prohibited from sale, offer for sale or distribution for sale pursuant to subsection 5, paragraph B , B‑1 , D or E if that package is a fluorinated container or a container that otherwise contains intentionally added PFAS; [PL 2023, c. 630, §1 (AMD).] C. A used product or used product component; [PL 2023, c. 630, §1 (AMD).] D. A firefighting or fire-suppressing foam or related product regulated under section 424‑C ; [PL 2023, c. 630, §1 (NEW).] E. A prosthetic or orthotic device or any product that is a medical device, drug or biologic or that is otherwise used in a medical setting or in medical applications that are regulated by or under the jurisdiction of the United States Food and Drug Administration; [PL 2023, c. 630, §1 (NEW).] F. A veterinary product intended for use in or on animals, including diagnostic equipment or test kits and their components and any product that is a veterinary medical device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical setting or in veterinary medical applications that are regulated by or under the jurisdiction of: (1) The United States Food and Drug Administration; (2) The United States Department of Agriculture pursuant to the federal Virus-Serum-Toxin Act; or (3) The United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, except that any such products approved by the United States Environmental Protection Agency pursuant to that law for aerial or land application are not exempt from this section; [PL 2023, c. 630, §1 (NEW).] G. A product developed or manufactured for the purposes of public health, environmental or water quality testing; [PL 2023, c. 630, §1 (NEW).] H. A product required to meet standards or requirements of the United States Department of Transportation, Federal Aviation Administration, the National Aeronautics and Space Administration, the United States Department of Defense or the United States Department of Homeland Security, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products; [PL 2023, c. 630, §1 (NEW).] I. A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle safety standard, as defined in 49 United States Code, Section 30102(a)(10), and any other motor vehicle, including an off-highway vehicle or specialty motor vehicle, such as an all-terrain vehicle, a side-by-side vehicle, construction, forestry or farm equipment or a personal assistive mobility device, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products; [PL 2025, c. 67, §1 (AMD).] J. A watercraft, as defined in Title 12, section 13001, subsection 28 , or a seaplane, except that the exemption under this paragraph does not apply to any textile article or refrigerant that is included in or as a component part of such products; [PL 2023, c. 630, §1 (NEW).] K. A semiconductor, including semiconductors incorporated in electronic equipment, and equipment and materials used in the manufacture of semiconductors; [PL 2023, c. 630, §1 (NEW).] L. Nonconsumer electronics and nonconsumer laboratory equipment not ordinarily used for personal, family or household purposes; and [PL 2023, c. 630, §1 (NEW).] M. Equipment directly used in the manufacture or development of the products described in paragraphs E to L. [PL 2023, c. 630, §1 (NEW).] [PL 2025, c. 67, §1 (AMD).]

5. Prohibition on sale of products containing intentionally added PFAS. This subsection governs sales of products containing intentionally added PFAS. A. Except as provided pursuant to paragraph F or G , effective January 1, 2023, a person may not sell, offer for sale or distribute for sale in this State a carpet or rug that contains intentionally added PFAS. The prohibition under this paragraph does not apply to the sale, offer for sale or distribution for sale of any carpet or rug in used condition. [PL 2023, c. 630, §1 (AMD).] B. Except as provided pursuant to paragraph F or G , effective January 1, 2023, a person may not sell, offer for sale or distribute for sale in this State a fabric treatment that contains intentionally added PFAS. The prohibition under this paragraph applies to a fabric treatment that does not contain intentionally added PFAS but that is sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to the sale, offer for sale or distribution for sale of any fabric treatment in used condition. [PL 2023, c. 630, §1 (AMD).] B-1. Except as provided pursuant to paragraph F or G , effective January 1, 2026, a person may not sell, offer for sale or distribute for sale in this State: (1) A cleaning product containing intentionally added PFAS; (2) A cookware product containing intentionally added PFAS; (3) A cosmetic product containing intentionally added PFAS; (4) Dental floss containing intentionally added PFAS; (5) A juvenile product containing intentionally added PFAS; (6) A menstruation product containing intentionally added PFAS; (7) A textile article containing intentionally added PFAS. The prohibition under this subparagraph does not include: (a) Outdoor apparel for severe wet conditions; or (b) A textile article that is included in or a component part of a watercraft, aircraft or motor vehicle, including an off-highway vehicle; (8) Ski wax containing intentionally added PFAS; or (9) Upholstered furniture containing intentionally added PFAS. The prohibition under this paragraph applies to any of the products listed in subparagraphs (1) to (9) that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to any of the products listed in subparagraphs (1) to (9) that are sold, offered for sale or distributed for sale in used condition. [PL 2023, c. 630, §1 (NEW).] B-2. Except as provided pursuant to paragraph F or G , effective January 1, 2029, a person may not sell, offer for sale or distribute for sale in this State: (1) Artificial turf containing intentionally added PFAS; or (2) Outdoor apparel for severe wet conditions containing intentionally added PFAS, unless the apparel is accompanied by a legible, easily discernable disclosure that includes the following statement: "Made with PFAS chemicals." The disclosure requirement under this subparagraph applies to all sales, offers for sale or distributions for sale in this State of outdoor apparel for severe wet conditions containing intentionally added PFAS, including those conducted using the Internet. The prohibition under this paragraph does not apply to any of the products listed in subparagraphs (1) and (2) that are sold, offered for sale or distributed for sale in used condition. [PL 2023, c. 630, §1 (NEW).] C. The department may by rule identify products by category or use that may not be sold, offered for sale or distributed for sale in this State if they contain intentionally added PFAS. The department shall prioritize the prohibition of the sale of product categories that, in the department's judgment, are most likely to cause contamination of the State's land or water resources if they contain intentionally added PFAS. The department may not prohibit by rule pursuant to this paragraph the sale, offer for sale or distribution for sale of products in used condition. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 630, §1 (AMD).] D. Except as otherwise provided in this paragraph or pursuant to paragraph F or G , effective January 1, 2032, a person may not sell, offer for sale or distribute for sale in this State any product that contains intentionally added PFAS that is not already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph A , B , B‑1 , B‑2 or C , unless the department has determined by rule in accordance with paragraph F that the use of PFAS in the product is a currently unavoidable use. The prohibition under this paragraph applies to any such products that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to: (1) Any such products sold, offered for sale or distributed for sale in used condition; (2) Cooling, heating, ventilation, air conditioning and refrigeration equipment, including parts and other servicing needs for such equipment; or (3) Refrigerants, foams and aerosol propellants that are listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G, as long as the refrigerant, foam or aerosol propellant is sold, offered for sale or distributed for sale for the use for which it is listed pursuant to that program. [PL 2023, c. 630, §1 (AMD).] E. Except as provided pursuant to paragraph F or G , effective January 1, 2040, a person may not sell, offer for sale or distribute for sale in this State: (1) Cooling, heating, ventilation, air conditioning or refrigeration equipment that contains intentionally added PFAS; or (2) Refrigerants, foams or aerosol propellants that contain intentionally added PFAS. The prohibition under this paragraph applies to any of the products listed in subparagraphs (1) and (2) that do not contain intentionally added PFAS but that are sold, offered for sale or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS. The prohibition under this paragraph does not apply to any such products sold, offered for sale or distributed for sale in used condition or to parts and other servicing needs for cooling, heating, ventilation, air conditioning or refrigeration equipment, including refrigerants used in the servicing of such equipment as long as the refrigerant is listed as acceptable, acceptable subject to use conditions or acceptable subject to narrowed use limits by the United States Environmental Protection Agency pursuant to the Significant New Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G and sold, offered for sale or distributed for sale for the use for which the refrigerant is listed pursuant to that program. [PL 2023, c. 630, §1 (NEW).] F. The department may by rule identify specific products or product categories containing intentionally added PFAS for which it has determined the use of PFAS in the product is a currently unavoidable use. If the department determines by rule that the use of PFAS in a product or product category is a currently unavoidable use: (1) The product is exempt from the otherwise applicable prohibition in this subsection, or in the rules adopted pursuant to paragraph C , on the sale, offer for sale or distribution for sale of the product for one of the following periods of time, whichever provides a longer period of exemption: (a) Five years from the effective date of the rule determining that the use of PFAS in the product or product category is a currently unavoidable use; or (b) Five years from the effective date of the otherwise applicable prohibition in this subsection or in the rules adopted pursuant to paragraph C ; and (2) A manufacturer of the product that sells, offers for sale or distributes for sale the product in this State shall comply with the notification requirement of subsection 2 . [PL 2023, c. 630, §1 (NEW).] G. The prohibitions in this subsection do not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited. [PL 2023, c. 630, §1 (NEW).] [PL 2023, c. 630, §1 (AMD).]

6. Fees. The department may establish by rule and assess a fee payable by a manufacturer that is required to comply with the notification requirement of subsection 2 to cover the department's reasonable costs in administering the requirements of this section. Notwithstanding Title 5, section 8071 , rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 630, §1 (AMD).]

7. Failure to provide notice. Beginning January 1, 2032, a person may not sell, offer for sale or distribute for sale in the State a product containing intentionally added PFAS for which the department has determined that the use of PFAS in the product is a currently unavoidable use pursuant to subsection 5, paragraph F if the manufacturer of the product has failed to provide the information required under subsection 2 . This prohibition does not apply to a retailer in the State unless the retailer sells, offers for sale or distributes for sale a product containing intentionally added PFAS in the State for which the retailer has received a notification pursuant to subsection 8, paragraph B that the sale of the product is prohibited. A. [PL 2023, c. 630, §1 (RP).] B. [PL 2023, c. 630, §1 (RP).] C. [PL 2023, c. 630, §1 (RP).] D. [PL 2023, c. 630, §1 (RP).] E. [PL 2023, c. 630, §1 (RP).] [PL 2023, c. 630, §1 (AMD).]

8. Certificate of compliance. If the department has reason to believe that a product contains intentionally added PFAS and is being sold, offered for sale or distributed for sale in violation of subsections 5 or 7 , the department may direct the manufacturer of the product to, within 30 days: A. Provide the department with a certificate attesting that the product does not contain intentionally added PFAS; or [PL 2023, c. 630, §1 (AMD).] B. Notify persons that sell, offer for sale or distribute for sale the product in this State that the sale of the product is prohibited in this State and provide the department with a list of the names and addresses of those persons notified. [PL 2023, c. 630, §1 (AMD).] [PL 2023, c. 630, §1 (AMD).]

9. PFAS source reduction program. To the extent funds are available and in consultation with relevant stakeholders, the department shall develop and implement a program to reduce the presence of PFAS in discharges to air, water and land by encouraging the use of alternatives to and the proper management of materials containing PFAS. The program may include: A. Information resources targeted to industrial or commercial users of PFAS; [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] B. Education of the general public; [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] C. To the extent funds are available, grants to operators of publicly owned treatment works for the purposes of developing, expanding or implementing pretreatment standards for PFAS and education of users on sources of PFAS and proper management; [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] D. To the extent funds are available, grants to municipalities for the purposes of educating solid waste disposal users on sources of PFAS and proper management; and [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] E. Other efforts determined by the department to be prudent to achieve the program's purpose. [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).] [PL 2023, c. 630, §1 (AMD).]

10. Rules. The department shall adopt rules to implement this section. Except as provided in subsection 5, paragraph C , rules adopted to implement this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 477, §1 (NEW); RR 2021, c. 1, Pt. A, §54 (RAL).]

11. Report. By January 1, 2026, and biennially thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters a report regarding the implementation of this section and other state and federal laws governing the presence of PFAS in products, including any recommendations for necessary legislative changes to this section. After reviewing the report, the committee may report out legislation relating to the report. [PL 2023, c. 630, §1 (NEW).]

12. Proprietary information. Proprietary information submitted to the department by a manufacturer pursuant to the requirements of this section that is identified by the manufacturer as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . [PL 2023, c. 630, §1 (NEW).]
38 M.R.S. § 1296 — ME Code / Title 38 / Chapter 12-B / Section 1296
38 §1296. Emergency provisions
Status: in_force

A person engaged in any renovation, remodeling, maintenance or repair project involving lead-based paint not subject to the licensing and certification requirements of this chapter shall take reasonable precautions to prevent the release of lead to the environment, including the cleanup, removal and appropriate disposal of all visible lead-based paint debris generated by the project. Activities that may result in the release of lead to the environment include, but are not limited to, removal of lead paint by using open-flame burning or torching, machine sanding or grinding without high-efficiency particulate exhaust control, uncontained hydro blasting or high-pressure washing, abrasive blasting or sandblasting without containment and high-efficiency particulate exhaust control and using heat guns operated above 1,100 degrees Fahrenheit. If the commissioner finds, after investigation, that any location at which lead dust, lead chips or other lead-contaminated wastes are or were handled or otherwise came to be located may create a danger to public health or the safety of any person or to the environment, the commissioner may order the person responsible for the lead dust, lead chips or lead-contaminated waste to cease the activity immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger. The commissioner may also order any person contributing to the danger or likelihood of danger to cease or prevent that contribution. [PL 2001, c. 576, §1 (AMD).]

An order issued under this section must contain findings of fact describing, insofar as possible, the site of the activity and the danger to the public health or safety. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. [PL 2005, c. 330, §25 (AMD).]

The person to whom the order is directed shall comply immediately and may apply to the board for a hearing on the order if the application is made within 10 working days after receipt of the order by a responsible party. The board shall hold the hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order within 15 working days after receipt of the application. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing before the board is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order is directed. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2005, c. 330, §25 (AMD).]

A person who fails without sufficient cause to undertake abatement or remedial action promptly in accordance with an order issued pursuant to this section may be liable to the State for punitive damages in an amount at least equal to, and not more than 3 times, the amount expended by the commissioner as a result of such failure to take proper action. [PL 1997, c. 375, §14 (NEW).]

The commissioner may initiate enforcement action under section 347‑A in lieu of issuing an order under this section. [PL 2009, c. 501, §13 (NEW).]

The Attorney General may commence a civil action against any such responsible party to recover the punitive damages, which are in addition to any fines and penalties established pursuant to section 349 . [PL 1997, c. 375, §14 (NEW).]
38 M.R.S. § 480-N — ME Code / Title 38 / Chapter 3 / Section 480-N
38 §480-N. Lake Water Quality Restoration and Protection Fund
Status: in_force

1. Fund purposes and administration. There is established a nonlapsing Lake Water Quality Restoration and Protection Fund, referred to in this section as "the fund," from which the commissioner may pay up to 50% of the eligible costs incurred in a lake water quality restoration or protection project, except that eligible costs for projects addressing technical assistance, watershed surveys, watershed plan development, public education or research issues may be paid up to 100%. Eligible costs include all costs except those related to land acquisition, legal fees and debt service. The commissioner may use money credited to the fund only for the purposes described in subsections 3 , 4 and 6 and for projects to improve or maintain the quality of lake waters in the State. The commissioner may authorize the State Controller to draw a warrant for such funds as may be necessary to pay the lawful expenses of the lake water quality restoration or protection project, up to the limits of the money duly authorized. Any balance remaining in the fund must continue without lapse from year to year and remain available only for the purposes for which the fund is established. [PL 2023, c. 426, §1 (AMD).]

2. Prohibited expenditures. The commissioner may not use money in the fund to pay costs for projects in or on lakes for which public access is not provided. [PL 2023, c. 426, §1 (AMD).]

3. Staffing support. The commissioner may use money in the fund for state, regional or local staffing to support administration and implementation of activities authorized under this section. [PL 2023, c. 426, §1 (AMD).]

4. Public education program. The commissioner may use money in the fund to develop a coordinated public education program. [PL 2023, c. 426, §1 (AMD).]

5. Research. [PL 2023, c. 426, §1 (RP).]

6. Research. The commissioner may use money in the fund to conduct internal or external assessments and research focused on lake water quality restoration or protection. [PL 2023, c. 426, §1 (NEW).]

7. Funding sources. The fund may receive money from any source, public or private. [PL 2023, c. 426, §1 (NEW).]
38 M.R.S. § 353 — ME Code / Title 38 / Chapter 2 / Section 353
38 §353. Payment of fees
Status: in_force

1. Filing fee. [PL 1987, c. 419, §8 (RP).]

1-A. Preapplication fee for nonferrous metal mining. [PL 2011, c. 653, §12 (RP); PL 2011, c. 653, §33 (AFF).]

2. Processing fee. Except for annual air emission fees pursuant to section 353‑A and annual waste discharge fees pursuant to section 353‑B , a processing fee must be paid at the time of filing the application. Failure to pay the processing fee at the time of filing the application results in the application being returned to the applicant. One-half the processing fee assessed in section 352, subsection 5‑A for licenses issued for a 10-year term must be paid at the time of filing the application. The remaining 1/2 of the processing fee for licenses issued for a 10-year term must be paid 5 years after issuance of the license. The commissioner may not refund the processing fee if the application is denied by the board or the commissioner. Except as provided in section 352, subsection 4‑A , if the application is withdrawn by the applicant within 30 days of the start of processing, the portion of the processing fee that was expended or committed by the department or the department's agents or contractors for the cost of processing the application prior to the withdrawal of the application must be calculated, and the remainder of the processing fee not expended or committed must be refunded. [PL 2011, c. 653, §13 (AMD); PL 2011, c. 653, §33 (AFF).]

3. License fee. The license fee must be paid at the time of filing the application. Failure to pay the license fee at the time of filing results in the application being returned to the applicant. One-half the processing fee assessed in section 352, subsection 5‑A for licenses issued for a 10-year term must be paid at the time of filing the application. The remaining 1/2 of the processing fee for licenses issued for a 10-year term must be paid 5 years after issuance of the license. The commissioner shall refund the license fee if the board or commissioner denies the application or if the application is withdrawn by the applicant. Notwithstanding the provisions of this subsection, the license fee for a subdivision must be paid prior to the issuance of the license. The license fees for nonferrous metal mining must be paid annually on the anniversary date of the license for the life of the project, up to and including the period of closure and reclamation. The license fee for a solid waste facility must be paid annually. Failure to pay the annual fee within 30 days of the anniversary date of a license is sufficient grounds for modification, revocation or suspension of the license under section 341‑D, subsection 3 or section 342, subsection 11‑B . [PL 2011, c. 304, Pt. H, §21 (AMD).]

3-A. Certification fee. A certification fee must be paid prior to the issuance of any certification. If the certification is withdrawn or denied, the commissioner shall refund the certification fee. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]

3-B. Certification fee for asbestos professionals. A person applying for certification as an asbestos professional under more than one category under section 352, subsection 5‑A shall pay the highest fee among the categories for which certification is sought and $50 for each additional category. [PL 2009, c. 374, §2 (NEW).]

4. Duplicate fees. The commissioner may not assess applicants for direct costs associated with filing, processing or licensing if those costs were previously assessed as the result of the filing, processing or licensing of separate but related applications. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]

4-A. Hydropower projects; refiling for certification. [PL 2021, c. 186, §4 (RP).]

5. Renewals or amendments. As set forth in sections 353‑A and 353‑B , except for renewals or amendments issued under sections 413 and 590 , the processing fee for renewals or amendments is equal to direct costs up to 1/2 the processing fee for initial applications. The license fee for renewals is identical to the initial license fee. The license fee for amendments may not exceed the initial license fee. [PL 1997, c. 794, Pt. B, §6 (AMD).]

6. Application determined unacceptable for processing. An application determined unacceptable for processing that has been returned to the applicant may be resubmitted to the commissioner within 60 days of the date the application was returned. If the application is resubmitted after the 60-day period has transpired, the resubmitted application is considered a new application and the appropriate processing fees are assessed. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]

7. Fees for minor revisions. All fees assessed for the costs of processing permits issued in accordance with section 344, subsection 7 , must be paid in full when the notification is submitted to the commissioner. All fees for any minor license or permit revision must be paid in full when the request for the revision is submitted to the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]

8. Processing fee for certification. The processing fee for certification must be assessed on the actual direct costs incurred by the department, but may not be greater than the processing fee found in Table I, section 352 . The processing fee is due according to subsection 2 . Upon completion of processing, when direct costs are less than the processing fee found in section 352 in Table I, a refund must be made to the applicant. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]

9. Finance charges. In addition to other remedies specifically authorized in this Title, the department shall charge interest at a rate of 15% per annum, unless the commissioner finds the amount too small or the likelihood of recovery too uncertain, and may pursue enforcement, including, but not limited to, penalties pursuant to section 349 and suspension or revocation pursuant to section 342, subsection 11‑B for the failure of a licensee to pay any portion of licensing fees owed by the date due. [PL 2015, c. 124, §2 (AMD).]
38 M.R.S. § 420-D — ME Code / Title 38 / Chapter 3 / Section 420-D
38 §420-D. Storm water management
Status: in_force

A person may not construct, or cause to be constructed, a project that includes one acre or more of disturbed area without prior approval from the department. A person proposing a project shall apply to the department for a permit using an application provided by the department and may not begin construction until approval is received. This section applies to a project or any portion of a project that is located within an organized area of this State. [PL 2005, c. 219, §3 (AMD).]

1. Standards. The department shall adopt rules specifying quantity and quality standards for storm water. Storm water quality standards for projects with 3 acres or less of impervious surface may address phosphorus, nitrates and suspended solids but may not directly address other dissolved or hazardous materials unless infiltration is proposed. [PL 2005, c. 219, §4 (AMD).]

2. Review. If the applicant is able to meet the standards for storm water using solely vegetative means, the department shall review the application within 45 calendar days. If structural means are used to meet those standards, the department shall review the application within 90 calendar days. The review period begins upon receipt of a complete application and may be extended pursuant to section 344‑B or if a joint order is required pursuant to subsection 5 . The department may request additional information necessary to determine whether the standards of this section are met. The application is deemed approved if the department does not notify the applicant within the applicable review period. The department may allow a municipality or a quasi-municipal organization, such as a watershed management district, to substitute a management system for storm water approved by the department for the permit requirement applicable to projects in a designated area of the municipality. The municipality or quasi-municipality may elect to have this substitution take effect at the time the system is approved by the department, or at the time the system is completed as provided in an implementation schedule approved by the department. [PL 2005, c. 330, §9 (AMD).]

3. Watersheds of bodies of water most at risk. The department shall establish by rule a list of watersheds of bodies of water most at risk from new development. In regard to lakes, the list must include, but is not limited to, public water supply lakes and lakes identified by the department as in violation of class GPA water quality standards or as particularly sensitive to eutrophication based on current water quality, potential for internal recycling of phosphorus, potential as a cold water fishery, volume and flushing rate or projected growth rate in a watershed. The department shall review and update the list as necessary. A municipality within the watershed of a body of water most at risk may petition the department to have the body of water added to or dropped from the list. [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).]

4. Degraded, sensitive or threatened regions or watersheds. The department shall establish by rule a list of degraded, sensitive or threatened regions or watersheds. These areas include the watersheds of surface waters that: A. Have been degraded or are susceptible to degradation of water quality or fisheries because of the cumulative effect of past or reasonably foreseeable levels of development activity within the watershed of the affected surface waters; and [PL 2011, c. 206, §7 (AMD).] B. Are not classified as "watersheds of bodies most at risk" under subsection 3 . [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).] [PL 2011, c. 206, §7 (AMD).]

5. Relationship to other laws. A storm water permit pursuant to this section is not required for a project requiring review by the department pursuant to any of the following provisions but the project may be required to meet standards for management of storm water adopted pursuant to this section: article 6 , site location of development; article 7 , performance standards for excavations for borrow, clay, topsoil or silt; article 8‑A , performance standards for quarries; article 9 , the Maine Metallic Mineral Mining Act; sections 631 to 636 , permits for hydropower projects; and section 1310‑N , 1319‑R or 1319‑X , waste facility licenses. When a project requires a storm water permit and requires review pursuant to article 5‑A , the department shall issue a joint order unless the permit required pursuant to article 5‑A is a permit-by-rule or general permit, or separate orders are requested by the applicant and approved by the department. A storm water permit pursuant to this section is not required for a project receiving review by a registered municipality pursuant to section 489‑A if the storm water ordinances under which the project is reviewed are at least as stringent as the storm water standards adopted pursuant to section 484 or if the municipality meets the requirements of section 489‑A, subsection 2‑A, paragraph B . [PL 2011, c. 653, §14 (AMD); PL 2011, c. 653, §33 (AFF).]

6. Urbanizing areas. The department shall work with the Department of Agriculture, Conservation and Forestry to identify urban bodies of water most at risk and incorporate model ordinances protective of these bodies of water into assistance provided to local governments. [PL 2011, c. 655, Pt. JJ, §29 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

7. Exemptions. The following exemptions apply. A. Forest management activities as defined in section 480‑B, subsection 2‑B , including associated road construction or maintenance, do not require review pursuant to this section as long as any road construction is used primarily for forest management activities that do not constitute a change in land use under rules adopted by the Department of Agriculture, Conservation and Forestry, Bureau of Forestry concerning forest regeneration and clear-cutting and is not used primarily to access development, unless the road is removed and the site restored to its prior natural condition. Roads must be the minimum feasible width and total length consistent with forest management activities. This exemption does not apply to roads within a subdivision as defined in Title 30‑A, section 4401, subsection 4 , for the organized portions of the State. [PL 2009, c. 537, §2 (RPR); PL 2011, c. 657, Pt. W, §5, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).] B. Disturbing areas for the purpose of normal farming activities, such as clearing of vegetation, plowing, seeding, cultivating, minor drainage and harvesting, does not require review pursuant to this section. A manure storage facility that is designed, constructed, managed and maintained in accordance with the United States Department of Agriculture, Natural Resources Conservation Service guidelines does not require review pursuant to this section. For purposes of this paragraph, "manure storage facility" means a facility used primarily for containing manure. [PL 2003, c. 607, §1 (AMD).] C. If the commissioner determines that a municipality's ordinance meets or exceeds the provisions of this section and that the municipality has the resources to enforce that ordinance, the commissioner shall exempt any project within that municipality. The department shall maintain a list of municipalities meeting these criteria and update this list at least every 2 years. The commissioner shall immediately notify municipalities on the list of municipalities meeting these criteria of new or amended rules adopted by the department pursuant to this article. If a municipality on the list no longer meets these criteria, it must be removed from the list, except that if the municipality no longer meets these criteria due to new or amended department rules, then the municipality remains on the list if: (1) The municipality adopts amendments to its ordinances within one calendar year of the effective date of the new or amended department rules; (2) The municipality submits the amended ordinances to the commissioner within 45 calendar days of adoption for review; and (3) The commissioner determines that the amended ordinances meet or exceed the provisions of this section. A project constructed after a municipality is removed from the list must obtain approval pursuant to this section. [RR 2005, c. 2, §23 (COR).] D. [PL 2005, c. 219, §5 (RP).] E. Impervious and disturbed areas associated with construction or expansion of a single-family, detached residence on a parcel do not require review pursuant to this section. [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).] F. [PL 2011, c. 206, §9 (RP).] G. Projects involving roads, railroads and associated facilities conducted by or under the supervision of the Department of Transportation or the Maine Turnpike Authority, do not require review under this section as long as the projects are constructed pursuant to storm water quality and quantity standards set forth in a memorandum of agreement between the department and the conducting or supervising agency and the project does not require review under article 6 . A memorandum of agreement described in this paragraph must be updated whenever the rules concerning storm water management adopted by the department are finalized or updated. [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).] H. Trail management activities that are part of the development and maintenance of the statewide snowmobile or all-terrain vehicle trail system developed as part of the Maine Trails System under Title 12, section 1892 , including new construction and maintenance of trails, do not require review pursuant to this section if, for each trail being managed: (1) The trail is constructed and maintained in accordance with best management practices for motorized trails established by the Department of Agriculture, Conservation and Forestry; (2) The trail is the minimum feasible width for its designated use; and (3) No lane exceeds 12 feet in width and no trail includes more than 2 lanes. As used in this paragraph, "trail management activities" includes the construction and maintenance of motorized trails used for motorized or multiple use. [PL 2013, c. 43, §1 (AMD).] I. An existing project that is expanded does not require review pursuant to this section for the existing portion of the project as long as the existing portion met all applicable state and municipal standards for storm water management in effect at the time the existing portion was constructed. This exemption does not apply to: (1) An existing project that is expanded if the existing storm water management system will be used, in whole or in part, to treat storm water flowing from the expanded portion of the existing project; (2) The expanded portion of the existing project; or (3) A redevelopment project as defined by the department by rule. [PL 2015, c. 34, §1 (NEW).] J. A trail does not require review pursuant to this section if: (1) The trail is intended, constructed and managed for use by persons walking, snowshoeing, skiing, hiking or riding mountain bikes; (2) The trail is generally constructed and maintained in accordance with best management practices for motorized trails established by the Department of Agriculture, Conservation and Forestry, including requirements to provide sediment and erosion control; (3) The trail creates a treadway surface of not more than 6 feet in width; and (4) The trail corridor does not exceed 8 feet in width. For the purposes of this paragraph, "mountain bike" means a bicycle designed for off-road cycling and "treadway surface" means the part of a trail upon which a person travels. [PL 2023, c. 8, §1 (AMD).] [PL 2023, c. 8, §1 (AMD).]

8. Enforcement. Any activity that takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity is a violation of this article. Each day of a violation is a separate offense. A finding that any such violation has occurred is prima facie evidence that the activity was performed or caused to be performed by the owner of the property where the violation occurred. Prior to July 1, 1998, the department may not seek to impose civil or criminal penalties for a violation of this section against any person who has made a good faith effort to comply. [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).]

9. Rules. With the exception of minor clerical corrections and technical clarifications that do not alter the substance of requirements applying to projects, rules adopted pursuant to this section after January 1, 2010 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 359, §2 (AMD).]

10. Fees. [PL 2005, c. 219, §6 (RP).]

11. Compensation project or fee. The department may establish a nonpoint source reduction program to allow an applicant to carry out a compensation project or pay a compensation fee in lieu of meeting certain requirements, as provided in this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. The department may allow an applicant with a project in the direct watershed of a lake to address certain on-site phosphorus reduction requirements through implementation of a compensation project or payment of a compensation fee as provided in this paragraph. The commissioner shall determine the appropriate compensation fee for each project. The compensation fee must be paid either into a compensation fund or to an organization authorized by the department and must be a condition of the permit. (1) The department may establish a storm water compensation fund for the purpose of receiving compensation fees, grants and other related income. The fund must be a nonlapsing fund dedicated to payment of the costs and related expenses of compensation projects. Income received under this subsection must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by statute. Interest on these investments must be credited to the fund. The department may make payments from the fund consistent with the purpose of the fund. (2) The department may enter into a written agreement with a public, quasi-public or private, nonprofit organization for purposes of receiving compensation fees and implementing compensation projects. If the authorized agency is a state agency other than the department, it shall establish a fund meeting the requirements specified in subparagraph (1) . The authorized organization shall maintain records of expenditures and provide an annual summary report to the department. If the organization does not perform in accordance with this section or with the requirements of the written agreement, the department may revoke the organization's authority to conduct activities in accordance with this paragraph. If an organization's authorization is revoked, any remaining funds must be provided to the department. (3) The commissioner may set a fee rate of no more than $25,000 per pound of available phosphorus. (4) Except in an urbanized part of a designated growth area, best management practices must be incorporated on site that, by design, will reduce phosphorus export by at least 50%, and a phosphorus compensation project must be carried out or a compensation fee must be paid to address the remaining phosphorus reduction required to meet the parcel's phosphorus allocation. In an urbanized part of a designated growth area, an applicant may pay a phosphorus compensation fee in lieu of part or all of the on-site phosphorus reduction requirement. The commissioner shall identify urbanized parts of designated growth areas in the direct watersheds of lakes most at risk, in consultation with the Department of Agriculture, Conservation and Forestry. (5) Projects carried out or funded through compensation fees as provided in this paragraph must be located in the same watershed as the project with respect to which the compensation fee is paid. [PL 2011, c. 655, Pt. JJ, §30 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] B. The department may allow an applicant with a project within the direct watershed of a coastal wetland, river, stream or brook to address all or part of the storm water quality standards for the project through implementation of a compensation project or payment of a compensation fee as provided by rules adopted pursuant to this subsection. [PL 2011, c. 206, §10 (AMD).] [PL 2011, c. 655, Pt. JJ, §30 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

12. Fees. [PL 2007, c. 558, §5 (RP).]

13. Significant existing sources. The department may require a person owning or operating a significant existing source of storm water to implement a storm water management system. The owner or operator shall obtain approval from the department pursuant to this subsection for the storm water management system. For the purposes of this subsection, "significant existing source" means a significant existing source of storm water pollution based on quantity or quality standards for storm water from a developed area that was in existence prior to July 1, 1997 and is located in the direct watershed of a waterbody that is impaired due to urban runoff. The department shall identify significant existing sources as provided in this subsection. A. The department shall develop a total maximum daily load for the watershed of a waterbody impaired due to urban runoff prior to designating significant existing sources within the watershed. [PL 2005, c. 219, §7 (NEW).] B. The department shall adopt rules prior to requiring that an owner or operator of a significant existing source within the direct watershed of a specific waterbody obtain approval of a storm water management system. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The rules must include, but are not limited to, the following: (1) The name of or other means of identifying the waterbody that is impaired due to urban runoff; (2) A list of significant existing sources or a description of the types or classes of significant existing sources; (3) A date or schedule indicating when approvals must be obtained; and (4) Storm water quantity and quality standards for storm water management systems. [PL 2005, c. 219, §7 (NEW).] C. The owner or operator of a site designated as a significant existing source shall apply to the department for approval of a storm water management system. [PL 2005, c. 219, §7 (NEW).] D. "Significant existing source" does not include: (1) Types of sources or activities described in subsection 7 ; (2) The developed area of a facility required to meet ongoing storm water management standards pursuant to a storm water general or individual permit issued pursuant to section 413 ; and (3) A municipal storm water conveyance system unless the storm water pollution originates with the conveyance system. [PL 2005, c. 219, §7 (NEW).] [PL 2005, c. 219, §7 (NEW).]

14. Rescission. The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the project is not continued and the permittee has not constructed or caused to be constructed, or operated or caused to be operated, a project requiring a permit. For purposes of this section, "a project requiring a permit" is a project that requires a permit as defined either at the time of permit issuance or at the time of application for rescission. [PL 2007, c. 292, §19 (NEW).]

This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section. [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1997, c. 603, §§8, 9 (AFF).]
38 M.R.S. § 1403 — ME Code / Title 38 / Chapter 14 / Section 1403
38 §1403. Exceptions
Status: in_force

The immunities provided in section 1402 do not apply to any person: [PL 1983, c. 111 (NEW).]

1. Persons causing the discharge. Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable therefore; or [PL 1983, c. 111 (NEW).]

2. Persons compensated for assistance. Who receives compensation other than reimbursement for out-of-pocket expenses for its services in rendering the assistance or advice. [PL 1983, c. 111 (NEW).]
38 M.R.S. § 2012 — ME Code / Title 38 / Chapter 23 / Section 2012
38 §2012. State agency assistance
Status: in_force

The Department of Economic and Community Development, the Department of Environmental Protection and other state agencies with expertise in watershed management shall, to the extent practicable, develop advisory guidelines, models and other technical assistance materials on the watershed planning process for municipalities, interested citizens and others. These agencies shall, upon request and as resources allow, provide assistance to watershed districts in the development and implementation of watershed management plans. [PL 1993, c. 721, Pt. E, §9 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
38 M.R.S. § 1040 — ME Code / Title 38 / Chapter 10 / Section 1040
38 §1040. Right of eminent domain; applicable to all sewer districts
Status: in_force

The authority and procedures for the exercise of eminent domain by a sewer district must conform to sections 1152 , 1152‑A , 1153 and 1154 . In addition, a sewer district may not take by right of eminent domain any of the property or facilities of any other public utility used or acquired for future use by the owner of the public utility in the performance of a public duty, unless expressly authorized by a special Act of the Legislature. [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 2 and specifically provides that this subsection or former section 1252, subsection 2 does not apply. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1038 — ME Code / Title 38 / Chapter 10 / Section 1038
38 §1038. Reorganization as sanitary districts
Status: in_force

A sewer district existing on January 1, 2013 may, but is not required to, reorganize as a sanitary district under the Maine Sanitary District Enabling Act by referendum in accordance with section 1101, subsection 1‑A . The referendum may be initiated by the voters or by a majority of the trustees. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 909 — ME Code / Title 38 / Chapter 5 / Section 909
38 §909. Technical assistance
Status: in_force

To the extent existing resources are available, when one or more municipalities seek ownership of a dam, the Department of Agriculture, Conservation and Forestry may provide grants and technical assistance to the participating municipality or municipalities or to regional planning organizations. [PL 2011, c. 655, Pt. JJ, §34 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 1048 — ME Code / Title 38 / Chapter 10 / Section 1048
38 §1048. Rates and fees
Status: in_force

A person, firm and corporation, whether public, private or municipal, shall pay to the treasurer of a standard district the rates established by the trustees for the sewer or drainage service used or available with respect to their real estate as long as those rates are consistent with this section. [PL 2013, c. 555, §6 (NEW).]

1. Uniform rates. Rates must be uniform within a standard district whenever the cost to the standard district of installation and maintenance of sewers or their appurtenances and the cost of service is substantially uniform, except that: A. A standard district may establish a higher rate in sections where, for any reason, the cost to the standard district of construction and maintenance, or the cost of service, exceeds the average as long as the higher rates are uniform throughout the sections where the rates apply; and [PL 2013, c. 555, §6 (NEW).] B. Trustees may reduce the impact fee or connection fee, as those terms are defined in Title 30‑A, section 5061 , for sewer service to newly constructed affordable housing in accordance with Title 30‑A, chapter 202‑A . This paragraph 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 paragraph is void, unless the sewer district's charter expressly references this paragraph or former section 1252, subsection 12 and specifically provides that this paragraph or former section 1252, subsection 12 does not apply. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

2. Multidistrict rates. Notwithstanding any other provision of law, a standard district that shares, supplies or contracts for services with another district shall establish rates mutually agreeable to the trustees of each participating district. [PL 2013, c. 555, §6 (NEW).]

3. Readiness to serve. A standard district's rates may include readiness to serve rates charged against owners of real estate abutting or accessible but not connected to sewers or drains of the standard district, whether or not the real estate is improved. [PL 2013, c. 555, §6 (NEW).]

4. Interest on late payments. A standard district may charge and collect interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. [PL 2013, c. 555, §6 (NEW).]

5. Adoption of rate schedule. Prior to the adoption of a new rate schedule, the trustees shall hold a public hearing regarding the proposed rate schedule. The trustees shall publish the proposed rates and notice of the hearing not less than once in a newspaper having a general circulation in the district not less than 7 days prior to the hearing. The standard district shall mail to each ratepayer a notice of the public hearing and the proposed rate at least 14 days prior to the hearing. This subsection 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 subsection is void, unless the sewer district's charter expressly references this subsection or former section 1252, subsection 1 and specifically provides that this subsection or former section 1252, subsection 1 does not apply. [PL 2013, c. 555, §6 (NEW).]

6. Revenue from rates. Rates established by the trustees in accordance with this chapter must be fixed and adjusted so as to produce in aggregate revenue at least sufficient, together with any other revenues, to: A. Pay the current expenses of operating and maintaining the sewerage, drainage and treatment system of the standard district; [PL 2013, c. 555, §6 (NEW).] B. Pay the principal of, premium, if any, and interest on all bonds and notes issued by the standard district under this chapter as they become due and payable; [RR 2013, c. 2, §51 (COR).] C. Create and maintain reserves as may be required by any trust agreement or resolution securing bonds and notes; [PL 2013, c. 555, §6 (NEW).] D. Provide funds for paying the cost of all necessary repairs, replacements and renewals of the sewerage, drainage and treatment systems of the standard district; and [PL 2013, c. 555, §6 (NEW).] E. Pay or provide for all amounts that the standard district may be obligated to pay or provide for by law or contract, including any resolution or contract with or benefit of the holders of its bonds and notes. [PL 2013, c. 555, §6 (NEW).] [RR 2013, c. 2, §51 (COR).]

7. Rates in an unorganized territory. If a standard district encompasses unorganized territory, rates applicable to real estate in that unorganized territory must be charged against the person or entity in possession of the real estate. [PL 2013, c. 555, §6 (NEW).]

8. Civil action for unpaid rates. If rates under this section are not paid, and a standard district does not collect unpaid rates as a qualified sewer district under section 1050 , then the standard district may maintain a civil action against the person who has not paid rates for the amount of the unpaid rates plus 10% interest. [PL 2013, c. 555, §6 (NEW).]

9. Disconnection of water service for nonpayment of sewer services. If a standard district is part of a multidistrict utility that is a consumer-owned water utility, the utility may disconnect water service for failure to pay for sewer service in accordance with Title 35‑A, section 6111‑C . [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 494 — ME Code / Title 38 / Chapter 3 / Section 494
38 §494. Organization and operation -- Article IV
Status: in_force

The commission shall annually elect from its members a chair and vice-chair and shall appoint and at its pleasure remove or discharge such officers. It may appoint and employ a secretary who is a professional engineer versed in water pollution and may employ stenographic or clerical employees as necessary, and at its pleasure remove or discharge such employees. It shall adopt a seal and suitable bylaws and shall promulgate rules and regulations for its management and control. It may maintain an office for the transaction of its business and may meet at any time or place within the signatory states. Meetings must be held at least twice each year. A majority of the members constitutes a quorum for the transaction of business, but an action of the commission imposing any obligation on any signatory state or on any municipal agency or subdivision thereof or on any person, firm or corporation therein is not binding unless a majority of the members from such signatory state has voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of water pollution control affecting only certain of the signatory states, the commission may vote to authorize special meetings of the commissioners of the states especially concerned. The commission shall keep accurate accounts of all receipts and disbursements and shall make an annual report to the governor and the legislature of each signatory state setting forth in detail the operations and transactions conducted by it pursuant to this compact, and shall make recommendations for any legislative action considered by it advisable, including amendments to the statutes of the signatory states that may be necessary to carry out the intent and purpose of this compact. The commission may not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the signatory states adequate to meet the same; nor may the commission pledge the credit of any of the signatory states. Each signatory state reserves the right to provide hereafter by law for the examination and audit of the accounts of the commission. The commission shall appoint a treasurer who may be a member of the commission, and disbursements by the commission are valid only when authorized by the commission and when vouchers therefor have been signed by the secretary and countersigned by the treasurer. The secretary is the custodian of the records of the commission with authority to attest to and certify such records or copies thereof. [RR 2021, c. 2, Pt. B, §238 (COR).]

In addition to the minimal personnel authorization contained in this Article, the commission may employ such engineering, technical and other professional, secretarial and clerical personnel as the proper administration and functioning of the commission may require. [PL 1969, c. 166, §3 (NEW).]
38 M.R.S. § 1664 — ME Code / Title 38 / Chapter 16-B / Section 1664
38 §1664. Source separation
Status: in_force

1. Removal from service; products containing mercury. When a mercury-added product is removed from service, the mercury in the item must be reused, recycled or otherwise managed to ensure compliance with section 1663 . A person who is in the business of replacing or repairing a mercury-added product in households shall ensure, or deliver the item to a facility that will ensure, that the mercury contained in an item that is replaced or repaired is reused, recycled or otherwise managed in compliance with section 1663 . [PL 1999, c. 779, §2 (NEW).]

2. Thermostats. [PL 2009, c. 501, §23 (RP).]
38 M.R.S. § 341-A — ME Code / Title 38 / Chapter 2 / Section 341-A
38 §341-A. Department of Environmental Protection
Status: in_force

There is established a Department of Environmental Protection, in this Title called the "department." [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

1. Purpose. The department shall prevent, abate and control the pollution of the air, water and land and preserve, improve and prevent diminution of the natural environment of the State. The department shall protect and enhance the public's right to use and enjoy the State's natural resources and may educate the public on natural resource use, requirements and issues. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

2. Composition. The department shall consist of the Board of Environmental Protection, in the laws administered by the department called "board," and of a Commissioner of Environmental Protection, in the laws administered by the department called "commissioner." [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

3. Commissioner. The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the Legislature. A. The commissioner serves at the pleasure of the Governor. [PL 1995, c. 3, §5 (AMD).] B. The commissioner may not participate in the review of or act on an application for a National Pollutant Discharge Elimination System permit or the modification, renewal or appeal of a permit under Section 402 of the Federal Water Pollution Control Act, 33 United States Code, Section 1342 if the commissioner receives, or during the previous 2 years has received, a significant portion of income directly or indirectly from National Pollutant Discharge Elimination System permit holders or applicants. If the commissioner's authority is restricted under this paragraph, the commissioner shall delegate duties related to the restricted matter to employees of the department who do not hold major policy-influencing positions pursuant to Title 5, section 938 and who do not receive or have not received during the previous 2 years a significant portion of income directly or indirectly from National Pollutant Discharge Elimination System permit holders or applicants. For the purposes of this section, "a significant portion of income" means 10% or more of gross personal income for a calendar year, except that it means 50% or more if the recipient is over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. Duties that must be delegated include National Pollutant Discharge Elimination System permitting, enforcement, establishment of waste load allocations and total maximum daily loads and establishment and implementation of water quality standards but not other Federal Water Pollution Control Act matters such as water quality certification. The restriction imposed by this paragraph may not be interpreted to be more restrictive than federal law or the regulations of the United States Environmental Protection Agency. If a person with a conflict under this paragraph is nominated for the position of commissioner, the Governor shall submit to the President of the Senate and Speaker of the House of Representatives a plan for delegating the duties required to be delegated under this paragraph. The plan must be submitted with the information packet required to be provided by the Governor to the President of the Senate and Speaker of the House of Representatives under Title 3, section 154 . [PL 2011, c. 357, §1 (AMD).] C. The commissioner may delegate duties assigned to the commissioner under this Title to staff of the department. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] D. The commissioner is subject to the conflict-of-interest provisions of Title 5, section 18 . [PL 2011, c. 357, §2 (NEW).] [PL 2011, c. 357, §§1,2 (AMD).]

4. Licenses and permits. For purposes of this Title, licenses or permits issued by the department may be issued by either the commissioner or the board subject to the provisions of section 341‑D, subsection 2 . [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 2004 — ME Code / Title 38 / Chapter 23 / Section 2004
38 §2004. Trustees
Status: in_force

1. Authorization. All the affairs of a watershed district shall be managed by a board of trustees. The board shall consist of not less than 3 trustees, or not less than 5 trustees in watershed districts involving more than one municipality or one or more municipalities and residents of an unorganized territory. In addition, the board shall consist of one trustee representing each participating water district. Trustees, other than those representing participating water districts, shall be elected in accordance with this chapter. The exact number of trustees shall be determined in accordance with section 2002 . A watershed district may alter the number of trustees by submitting the proposed alteration to the voters in the same manner as provided in section 2002, subsection 7 . No municipality nor unorganized territory within any watershed district may have less than one trustee. A quorum of the trustees may conduct the affairs of the district even if there is a vacancy on the board of trustees. [PL 1989, c. 106, §5 (AMD).]

2. Recall. Trustees may be recalled under the following provisions. A. The qualified electors of the watershed district may petition for the recall of any trustee after the first year of the term for which the trustee is elected by filing a petition with the municipal clerk, or the county commissioners in unorganized territory, demanding the recall of the trustee. A trustee may be subject to recall for misfeasance, malfeasance or nonfeasance in office. The petition shall be signed by electors of the political subdivision which that trustee represents equal to at least 25% of the vote cast for the office of Governor at the last gubernatorial election within the political subdivision of the trustee being recalled. The recall petition shall state the reason for which removal is sought. [PL 1987, c. 711 (NEW).] B. Within 3 days after the petition is offered for filing, the official with whom the petition is left shall determine by careful examination whether the petition is sufficient and so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate shall state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, it shall again be carefully examined to determine sufficiency and a certificate stating the findings shall be attached. Immediately upon finding an original or amended petition sufficient, the official shall file the petition and call a special election to be held not less than 40 days nor more than 45 days from the filing date. The official shall notify the trustee, against whom the recall petition is filed, of the special election. [PL 1987, c. 711 (NEW).] C. The trustee against whom the recall petition is filed shall be a candidate at the special election without nomination, unless the trustee resigns within 10 days after the original filing of the petition. There shall be no primary. Candidates for the office may be nominated under the usual procedure of nomination for a primary election by filing nomination papers, not later than 5 p.m., 4 weeks preceding the election and have their names placed on the ballot at the special election. [PL 1987, c. 711 (NEW).] D. The trustee against whom a recall petition has been filed shall continue to perform the duties of office until the result of the special election is officially declared. The person receiving the highest number of votes at the special election shall be declared elected for the remainder of the term. If the incumbent receives the highest number of votes, the incumbent shall continue in office. If another receives the highest number of votes, that person shall succeed the incumbent, if qualified, within 10 days after receiving notification. [PL 1987, c. 711 (NEW).] E. After one recall petition and special election, no further recall petition may be filed against the same trustee during the term for which the trustee was elected. [PL 1987, c. 711 (NEW).] [PL 1987, c. 711 (NEW).]
38 M.R.S. § 490-RR — ME Code / Title 38 / Chapter 3 / Section 490-RR
38 §490-RR. Financial assurance
Status: in_force

1. Duration of financial assurance. A permittee shall maintain financial assurance during mining operations until the department determines that all reclamation has been completed and during the post-closure monitoring period except that financial assurance must be reduced or released immediately upon termination of a mining permit under section 490‑PP, subsection 2, paragraph A . The department may require financial assurance to remain in effect for as long as the mining operation and any associated waste material could create an unreasonable threat to public health and safety or the environment. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Coverage and form of financial assurance. The financial assurance required under subsection 1 applies to all mining and reclamation operations that are subject to a mining permit. A. The amount of the financial assurance must be sufficient to cover the cost for the department to administer, and hire a 3rd party to implement, all necessary investigation, monitoring, closure, post-closure, treatment, remediation, corrective action, reclamation, operation and maintenance activities under the environmental protection, reclamation and closure plan, including, but not limited to: (1) The cost to investigate all possible releases of contaminants at the site, monitor all aspects of the mining operation, close the mining operation in accordance with the closure plan, conduct treatment activities of all expected fluids and wastes generated by the mining operation for a minimum of 100 years, implement remedial activities for all possible releases and maintenance of structures and waste units as if these units have released contaminants to the groundwater and surface water, conduct corrective actions for potential environmental impacts to groundwater and surface water resources as identified in the environmental impact assessment and conduct all other necessary activities at the mine site in accordance with the environmental protection, reclamation and closure plan; and (2) The cost to respond to a worst-case catastrophic mining event or failure, including, but not limited to, the cost of restoring, repairing and remediating any damage to public facilities or services, to private property or to the environment resulting from the event or failure. [PL 2017, c. 142, §9 (NEW).] B. An applicant for a mining permit must include with its application a review of the proposed financial assurance amounts required under this section as performed by a qualified, independent 3rd-party reviewer approved by the department. The costs of the 3rd-party review must be paid by the applicant. Estimates of the costs of a worst-case catastrophic mining event or failure under paragraph A , subparagraph (2) provided by the applicant may not include costs to the applicant associated with loss of use of any mining operation or facility or the costs of repairing any damaged mining operation or facility to restore operations or other functionality. [PL 2017, c. 142, §9 (NEW).] C. The department shall require the applicant to provide financial assurance in the amount determined by the 3rd-party reviewer under paragraph B to be sufficient for the department to conduct all activities listed under paragraph A . Financial assurance estimates provided by the applicant and reviewed by the 3rd-party reviewer under this section must use the highest cost option for all estimates and include a minimum 20% contingency to account for unexpected expenses. [PL 2017, c. 142, §9 (NEW).] D. The financial assurance required by the department under this subsection must consist of a trust fund that is secured with any of the following forms of negotiable property, or a combination thereof, as approved by the department: (1) A cash account in one or more federally insured accounts; (2) Negotiable bonds issued by the United States or by a state or a municipality having a Standard and Poor's credit rating of AAA or AA or an equivalent rating from a national securities credit rating service; or (3) Negotiable certificates of deposit in one or more federally insured depositories. [RR 2017, c. 1, §34 (COR).] E. The financial assurance required by the department under this section must be posted by the applicant before the department issues a permit to mine under this article. [PL 2017, c. 142, §9 (NEW).] [RR 2017, c. 1, §34 (COR).]

3. Form of financial assurance. [PL 2017, c. 142, §10 (RP).]

4. Updates to financial assurance. A permittee shall provide to the department an annual statement of financial responsibility, and the department may require that the financial assurance be adjusted to ensure that the financial assurance is sufficient for the purposes of subsection 2 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

5. Failure to provide financial assurance. Failure to provide financial assurance under this section constitutes grounds for the department to order immediate suspension of mining activities pursuant to section 490‑TT , including, but not limited to, the removal of metallic product from the mining area. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 1308 — ME Code / Title 38 / Chapter 13 / Section 1308
38 §1308. Exemptions
Status: in_force

Rules and regulations adopted pursuant to this chapter concerning the location, establishment and construction of solid waste disposal facilities, but not concerning alteration or operation, shall not affect such facilities in existence prior to October 3, 1973. Landscape refuse and fill disposal sites established in connection with public works projects and commonly known as "stump dumps" are exempt from this chapter. [PL 1973, c. 788, §213 (AMD).]
38 M.R.S. § 104 — ME Code / Title 38 / Chapter 1 / Section 104
38 §104. Appeals from commission
Status: in_force

Any person aggrieved by any final order or decision of the commission with respect to any disciplinary action or any application for, or denial of, a pilot's license may appeal therefrom to the Superior Court in accordance with the Maine Administrative Procedure Act. [PL 1977, c. 694, §750 (RPR).]
38 M.R.S. § 102 — ME Code / Title 38 / Chapter 1 / Section 102
38 §102. Reinstatement following suspension
Status: in_force

Any pilot whose license has been suspended is, following the expiration of the period of the suspension, entitled to the reinstatement of the pilot's license, as long as the pilot possesses the qualifications required of pilots as of the time the pilot's suspension expires. [RR 2021, c. 2, Pt. B, §229 (COR).]