38 M.R.S. § 636-A — ME Code / Title 38 / Chapter 5 / Section 636-A
38 §636-A. General permit for tidal energy demonstration project
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Tidal energy demonstration project" or "project" means a hydropower project that uses tidal action as a source of electrical power and that: (1) Has a total installed generating capacity of 5 megawatts or less; and (2) Is proposed for the primary purpose of testing tidal energy generation technology, which may include a mooring or anchoring system and transmission line, and collecting and assessing information on the environmental and other effects of the technology. [PL 2009, c. 270, Pt. D, §8 (NEW).] [PL 2009, c. 270, Pt. D, §8 (NEW).]

2. General permit. A person may apply for a general permit for a tidal energy demonstration project in accordance with this section. If a general permit is granted pursuant to this section, an individual permit under section 633 is not required for the construction and operation of a tidal energy demonstration project. [PL 2009, c. 270, Pt. D, §8 (NEW).]

3. Application requirements. An applicant for a general permit must file with the department an application that contains the following: A. Written certification that the applicant has filed an application with the Federal Energy Regulatory Commission for a pilot project license for a proposed tidal energy demonstration project, along with a copy of that application as filed with the commission. The application must contain such information as is required by the Federal Energy Regulatory Commission, including, but not limited to: (1) A description of the waters of the State in which the proposed project will be located; (2) A description of proposed project facilities and operation; (3) Site-specific information regarding the physical environment in which the project is proposed to be located and the anticipated environmental effects of the proposed project; (4) A plan for monitoring the environmental effects of the project through the term of the general permit; (5) A plan for safeguarding the public and environmental resources through the term of the general permit; (6) A plan for removing the project after the termination of the general permit unless the applicant is pursuing a license for a commercial tidal power project at the site; and (7) Documentation that, in developing the application, the applicant has consulted with the appropriate local, state and federal resource agencies, as well as local governments, Indian tribes, nongovernmental organizations and members of the public likely to be interested in the project; [PL 2009, c. 270, Pt. D, §8 (NEW).] B. Documentation, including certificates of insurance, that the applicant has and will maintain a current general liability policy for the project that covers bodily injury, property damages and environmental damages in an amount considered reasonable by the department in consideration of the scope, scale and location of the project; [PL 2009, c. 270, Pt. D, §8 (NEW).] C. Documentation that the applicant has the financial and technical capacity to construct and operate the project as proposed; [PL 2009, c. 270, Pt. D, §8 (NEW).] D. A copy of an environmental assessment issued by the Federal Energy Regulatory Commission for the proposed tidal energy demonstration project that includes a finding of "no significant environmental impact" pursuant to the National Environmental Policy Act of 1969, Public Law 91-190, 42 United States Code, Chapter 55, although the department may accept an application as complete for processing prior to the Federal Energy Regulatory Commission's issuance of a finding of no significant environmental impact; and [PL 2013, c. 177, §1 (AMD).] E. Written acknowledgement that, in accordance with this section, the department may require the applicant to take remedial action, at the applicant's expense, pursuant to subsection 9, including but not limited to removal of the generating facilities and submerged utility line and termination of the project. [PL 2009, c. 270, Pt. D, §8 (NEW).] [PL 2013, c. 177, §1 (AMD).]

4. Notification. The department shall notify an applicant in writing within 60 days of its acceptance of the application as complete for processing or within 30 days of the Federal Energy Regulatory Commission's issuance of a finding of no significant environmental impact, whichever later occurs, if the department determines that the requirements of this section have not been met. The notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this subsection within the specified time period, a general permit is deemed to have been granted. [PL 2013, c. 177, §2 (AMD).]

5. Fees. Except as otherwise provided by section 344‑A , the department shall assess a fee for review of applications filed pursuant to this section as provided by section 352 . [PL 2009, c. 270, Pt. D, §8 (NEW).]

6. Violation. Any action taken by a person receiving a general permit under this section that is not in compliance with the plans submitted under subsection 3 or as subsequently modified with the approval of the department in consultation with agencies and other entities with whom the applicant consulted in accordance with subsection 3, paragraph A , subparagraph (7) is a violation of the general permit. [PL 2009, c. 270, Pt. D, §8 (NEW).]

7. General permit term. Except as otherwise provided in subsections 8 and 9 , a general permit granted under this section is valid for the term of the pilot project license, including any related annual license, issued by the Federal Energy Regulatory Commission for the tidal energy demonstration project that is the subject of the general permit. The department may grant one or more extensions of the general permit term to coincide with any approved extension of the term of the pilot project license or any related annual license issued by the Federal Energy Regulatory Commission. [PL 2009, c. 270, Pt. D, §8 (NEW).]

8. Surrender. A general permit granted pursuant to this section is deemed to have been surrendered and terminates on the date of approval by the Federal Energy Regulatory Commission of the surrender and termination of the pilot project license or any related annual license for the tidal energy demonstration project that is the subject of the general permit. An applicant may surrender to the department a general permit granted pursuant to this section prior to its expiration pursuant to subsection 7 . Subject to conditions regarding project removal under subsection 10 , the general permit terminates on the date of its surrender pursuant to this subsection. [PL 2009, c. 270, Pt. D, §8 (NEW).]

9. Remedial action. If the department determines, based on the results of monitoring conducted by the applicant or other information, that there is substantial evidence that the project is having a significant adverse effect on a protected natural resource as defined by section 480‑B, subsection 8 , wildlife, including avian wildlife, bat species, marine mammals, fish or other marine resources or public health or safety, the department shall order the applicant to take action that the department considers necessary to address that adverse effect. Remedial action required by the department may include, but is not limited to: A. Suspension or modification of project operations; or [PL 2009, c. 270, Pt. D, §8 (NEW).] B. Cessation of operations and removal of some or all elements of the project, including but not limited to the generating facilities, if there is no practicable alternative to address the adverse effect. [PL 2009, c. 270, Pt. D, §8 (NEW).] [PL 2009, c. 270, Pt. D, §8 (NEW).]

10. Project removal. Within 60 days of termination of the project pursuant to subsection 7 or 8 , unless the applicant is pursuing a license for a commercial tidal power project at the site, and within 60 days of termination of the project pursuant to subsection 9 , the applicant shall initiate implementation of the project removal plan provided for under subsection 3, paragraph A , subparagraph (6). If the applicant fails to begin implementing the plan within this 60-day period, the department may take such measures as it considers necessary to initiate and fully implement the plan by drawing on the financial surety provided pursuant to the project removal plan. The applicant's acceptance of the general permit constitutes agreement and consent by the applicant and its heirs, successors and assigns that the department may take such action as necessary to initiate and fully implement the project removal plan. The holder of the project removal funds shall release the project removal funds when the applicant has demonstrated and the department concurs that the project removal plan has been satisfactorily completed or upon written authorization by the department in the event the department implements the plan pursuant to this subsection. [PL 2009, c. 270, Pt. D, §8 (NEW).]

11. Local review. A municipality may not enact or enforce any land use, zoning or other standard, conditions or requirement regarding a tidal energy demonstration project located within the municipality that is stricter than the standards, conditions or requirements of this section. The municipality has the burden of proof regarding the location of the project in relation to its boundaries. Any action by the municipality regarding its authorization to site, construct or operate a tidal energy demonstration project must be taken within 60 days of the granting of a general permit under this section. [PL 2009, c. 270, Pt. D, §8 (NEW).]
38 M.R.S. § 709 — ME Code / Title 38 / Chapter 5 / Section 709
38 §709. Acceptance of commissioners' report
Status: in_force

If neither party requests a trial by jury, the report of the commissioners may be accepted by the court and judgment rendered thereon.
38 M.R.S. § 892 — ME Code / Title 38 / Chapter 5 / Section 892
38 §892. Tolls
Status: in_force

The toll for grinding, cleansing and bolting all kinds of grain shall not exceed 1/16 part thereof.
38 M.R.S. § 480-I — ME Code / Title 38 / Chapter 3 / Section 480-I
38 §480-I. Identification of freshwater wetlands and fragile mountain areas
Status: in_force

1. Identification by maps. The commissioner shall map areas meeting the definition of fragile mountain areas set forth in this article. The data developed under section 546‑B may be used for mapping significant wildlife habitat. Maps of significant wildlife habitats that have been produced by the Department of Inland Fisheries and Wildlife must be adopted by rule pursuant to the Maine Administrative Procedure Act by the department if: A. The maps are of one or more of the types of areas listed in section 480‑B, subsection 10, paragraph A ; or [PL 2007, c. 290, §3 (NEW).] B. The maps are of one or more of the types of areas listed in section 480‑B, subsection 10, paragraph B and are for purposes of determining when a permit is required for forest management activities. [PL 2007, c. 290, §3 (NEW).] [PL 2007, c. 290, §3 (AMD).]

2. Procedures. The maps and subsequent amendments to be adopted pursuant to the Maine Administrative Procedure Act are subject to the following procedures. A. Preliminary maps of the affected area or amendments of a map must be sent to the municipal officers or their designees. [PL 2007, c. 290, §4 (AMD).] B. Upon receipt of the proposed maps, the municipal officers of each municipality shall take any action they determine appropriate to increase public participation in this identification and delineation, but shall return their comments to the commissioner within a 90-day period. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §77 (AMD).] [PL 2007, c. 290, §4 (AMD).]

3. Progress report. [PL 2007, c. 655, §2 (RP).]
38 M.R.S. § 490-N — ME Code / Title 38 / Chapter 3 / Section 490-N
38 §490-N. Release
Status: in_force

The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department. The department shall inspect the site before making this determination. The release will terminate if any further excavation on the parcel for borrow, clay, topsoil or silt is proposed by the owner or operator or a transferee. A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490‑C and comply with all requirements of this article. Payment of the annual fee under section 490‑J will resume in the year when the further excavation begins. [PL 2005, c. 158, §8 (NEW).]
38 M.R.S. § 490-W — ME Code / Title 38 / Chapter 3 / Section 490-W
38 §490-W. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 700, §35 (NEW).]

1. Affected land. "Affected land" means all reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with a quarry. [PL 1995, c. 700, §35 (NEW).]

2. Airblast. "Airblast" means an atmospheric compression wave resulting from the detonation of explosives, whether resulting from the motion of blasted materials or the expansion of gases from the explosion. [PL 1995, c. 700, §35 (NEW).]

3. Blaster. "Blaster" means a person qualified to be in charge of or responsible for the loading and firing of a blast. [PL 1995, c. 700, §35 (NEW).]

4. Blasting. "Blasting" means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation. [PL 1995, c. 700, §35 (NEW).]

5. Blast site. "Blast site" means the area where explosive material is handled during the loading of drilled blastholes, including the perimeter formed by the loaded blastholes and 50 feet in all directions from loaded blastholes. [PL 1995, c. 700, §35 (NEW).]

6. Detonating cord. "Detonating cord" means a flexible cord containing a center core of high explosives that may be used to initiate other explosives. [PL 1995, c. 700, §35 (NEW).]

7. Explosive. "Explosive" means any chemical compound or other chemical substance that contains oxidizing or combustible materials used for the purpose of producing an explosion intended to break or move rock, earth or other materials. [PL 1995, c. 700, §35 (NEW).]

8. Flyrock. "Flyrock" means rock that is propelled through the air or across the ground as a result of blasting and that leaves the blast area. [PL 1995, c. 700, §35 (NEW).]

9. Matting. "Matting" means a covering placed over load holes and adjacent areas in order to minimize generation of flyrock and limit airblast effects. [PL 1995, c. 700, §35 (NEW).]

10. Natural buffer strip. "Natural buffer strip" means an undisturbed area or belt of land that is covered with trees or other vegetation. [PL 1995, c. 700, §35 (NEW).]

11. Passenger car equivalents at peak hour. "Passenger car equivalents at peak hour" means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which traffic volume generated by the development is higher than the volume during any other hour of the day. For purposes of this article, one tractor-trailer combination is the equivalent of 2 passenger cars. [PL 1995, c. 700, §35 (NEW).]

12. Peak particle velocity. "Peak particle velocity" means the maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. [PL 1995, c. 700, §35 (NEW).]

13. Preblast survey. "Preblast survey" means documentation, prior to the initiation of blasting, of the condition of buildings, structures, wells or other infrastructures; protected natural resources; historic sites; and unusual natural areas. [PL 1995, c. 700, §35 (NEW).]

14. Private drinking water supply. "Private drinking water supply" means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. [PL 1995, c. 700, §35 (NEW).]

15. Production blasting. "Production blasting" means blasting conducted for the purpose of extracting or removing natural materials for commercial sale or beneficiation. [PL 1995, c. 700, §35 (NEW).]

16. Public drinking water source. "Public drinking water source" means a groundwater well or a surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. [PL 1995, c. 700, §35 (NEW).]

17. Quarry. "Quarry" means a place where rock is excavated. [PL 1995, c. 700, §35 (NEW).]

18. Reclamation. "Reclamation" means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. "Reclamation" does not include the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for the protection of groundwater or for reasons of safety. [PL 2005, c. 158, §9 (AMD).]

19. Regulator. "Regulator" means: A. For a quarry located wholly within a municipality that is registered under section 490‑DD to enforce this article, the municipality; and [PL 1995, c. 700, §35 (NEW).] B. For all other quarries, the Department of Environmental Protection. [PL 1995, c. 700, §35 (NEW).] [PL 1995, c. 700, §35 (NEW).]

20. Rock. "Rock" means a hard, nonmetallic material that requires cutting, blasting or similar methods of forced extraction. [PL 1995, c. 700, §35 (NEW).]

21. Stemming. "Stemming" means inert material used in a blasthole to confine the gaseous products of detonation. [PL 1995, c. 700, §35 (NEW).]

22. Surface blasting. "Surface blasting" means any blasting for which the blast area lies at the surface of the ground. [PL 1995, c. 700, §35 (NEW).]

23. Underground production blasting. "Underground production blasting" means a blasting operation carried out beneath the surface of the ground by means of shafts, declines, adits or other openings leading to the natural material being mined or extracted. [PL 1995, c. 700, §35 (NEW).]

24. Working pit. "Working pit" means the extraction area, including overburden, of an excavation for rock. "Working pit" does not include a stockpile area or an area that has a permanent fixed structure such as an office building, permanent processing facility or fixed fuel storage structure. [PL 2005, c. 561, §3 (NEW).]
38 M.R.S. § 1207 — ME Code / Title 38 / Chapter 11 / Section 1207
38 §1207. Assessment paid by persons other than owner
Status: in_force

When any assessment under section 1203 shall be paid by any person against whom such assessment has been made, who is not the owner of such lot or parcel of land, then the person so paying the same shall have a lien upon such lot or parcel of land with the buildings thereon for the amount of said assessment so paid by said person, and incidental charges, which lien shall continue for one year and which lien may be enforced in a civil action for money paid, laid out and expended, and by attachment in the way and manner provided for the enforcement of liens upon buildings and lots under Title 10 . [PL 1965, c. 310 (NEW).]
38 M.R.S. § 85-B — ME Code / Title 38 / Chapter 1 / Section 85-B
38 §85-B. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 355, §4 (NEW).]

1. Actively piloting. "Actively piloting" means a person licensed as a pilot by the commission who is engaged in providing pilot services on a regular and ongoing basis within the area for which that person is licensed. [PL 1999, c. 355, §4 (NEW).]

2. Coastal waters. "Coastal waters" means the jurisdictional area of the commission, which waters are all coastal navigable waters that are contained within, flow through, or border upon the State or any portion thereof, including those portions of the Atlantic Ocean within the jurisdiction of the State, up to state or international boundaries, and including all waters between Isle au Haut and Seal Island westward of a straight line between Western Ear Ledge on Isle au Haut drawn to Eastern Ledge on Seal Island. [PL 1999, c. 355, §4 (NEW).]

3. Coastal zones. "Coastal zones" means the 3 areas of Maine coastal waters relevant to the commission membership, Calais to Schoodic Point, Schoodic Point to Southport Island and Southport Island to Kittery. [PL 2025, c. 253, §1 (AMD).]

4. Commission. "Commission" means the Maine Pilotage Commission. [PL 1999, c. 355, §4 (NEW).]

5. Commissioner. "Commissioner" means the Commissioner of Transportation. [PL 1999, c. 355, §4 (NEW).]

6. Department. "Department" means the Department of Transportation. [PL 1999, c. 355, §4 (NEW).]

7. Pilotage areas. "Pilotage areas" means specific areas of the Maine coast where the commission has established licensing requirements. [PL 1999, c. 355, §4 (NEW).]
38 M.R.S. § 5 — ME Code / Title 38 / Chapter 1 / Section 5
38 §5. Removal of vessels obstructing anchorage
Status: in_force

A harbor master, upon receiving complaint from the master, owner or agent of any vessel, shall cause any other vessel or vessels obstructing the free movement or safe anchorage of that vessel to remove to a position to be designated by the harbor master and shall cause, without any complaint being made to the harbor master, any vessels anchoring within the channel lines as established by the municipal authorities, as provided in section 2 , to remove to such anchorage as the harbor master may designate. [PL 1987, c. 655, §4 (AMD).]

If that vessel has no crew on board or if the master or other person in charge neglects or refuses to move such vessel as directed by the harbor master, the harbor master may put a suitable crew on board and move that vessel to a suitable berth at a wharf or anchorage at the cost and risk of the owners of the vessel and shall charge $100, to be paid by the master or owner of that vessel, which charge, together with the cost of the crew for removing that vessel the harbor master may collect by civil action. [PL 1987, c. 412, §§ 5, 8 (RPR).]
38 M.R.S. § 537 — ME Code / Title 38 / Chapter 3 / Section 537
38 §537. Effective date
Status: in_force

This compact, when executed by the Governor as prescribed in section 531 , shall be deemed to be fully adopted and shall thereupon become binding upon the State of Maine as between it and the several other signatory states agreeably to the true tenor and extent thereof. Such compact, supplementary agreements and notices of withdrawal shall be filed in the office of the Secretary of State of the State of Maine.
38 M.R.S. § 410-F — ME Code / Title 38 / Chapter 3 / Section 410-F
38 §410-F. Marine Environmental Monitoring Program
Status: in_force

The Department of Environmental Protection in cooperation with the Department of Marine Resources shall establish the Marine Environmental Monitoring Program. The initial purpose of this program is to design a monitoring program to examine the extent and effect of industrial contaminants and pollutants on marine and estuarine ecosystems and to determine compliance with and attainment of water quality standards under article 4‑A . This study must include, but is not limited to: [PL 1991, c. 242, §4 (AMD).]

1. Sources. The sources, fates and biological availability of these contaminants; [PL 1987, c. 843, §1 (NEW).]

2. Impact. The impact of these contaminants on marine and estuarine biota; and [PL 1987, c. 843, §1 (NEW).]

3. Assessment. An assessment of the condition of marine and estuarine habitats. [PL 1987, c. 843, §1 (NEW).]

The commissioner shall establish a task force to coordinate the continuing activities of the monitoring program. The Commissioner of Agriculture, Conservation and Forestry, the Commissioner of Environmental Protection, the Commissioner of Health and Human Services and the Commissioner of Marine Resources shall appoint representatives to serve as members of the task force. The task force shall address the identification and removal of sources of marine pollution. [PL 1991, c. 242, §4 (NEW); PL 2003, c. 689, Pt. B, §7 (REV); PL 2011, c. 657, Pt. W, §6 (REV).]
38 M.R.S. § 2184 — ME Code / Title 38 / Chapter 24 / Section 2184
38 §2184. Municipal contracts
Status: in_force

A municipality may contract with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated materials to be recycled, if the recycling, transportation, collection or storage activity or facility is conducted or operated in a manner that is consistent with the provisions of this chapter, the state plan and the rules promulgated pursuant to this chapter. [PL 1989, c. 585, Pt. A, §7 (NEW).]

1. Existing contracts. Except as otherwise provided in this chapter, nothing in this chapter may be construed to interfere with, or in any way modify, the provisions of any contract for municipal waste disposal, processing or collection with any regional association or municipality in force upon the effective date of this chapter or prior to the adoption of the state plan. [PL 1989, c. 585, Pt. A, §7 (NEW).]

2. Renewals. No renewal of any existing contract upon the expiration or termination of the original term of the contract, and no new contract for municipal waste disposal, processing or collection may be entered into after the effective date of this chapter, if the renewal or new contract fails to conform to the applicable provisions of this chapter or interferes with the implementation of the state plan. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Recycling activities; limited liability. When the owner, lessee or occupant of premises as defined in Title 14, section 159‑B undertakes recycling activities, as defined in Title 14, section 159‑B on the premises, liability is limited as provided in Title 14, section 159‑B . [PL 1991, c. 487, §2 (NEW).]
38 M.R.S. § 852 — ME Code / Title 38 / Chapter 5 / Section 852
38 §852. Owners of 50% or more may repair or rebuild
Status: in_force

At such meeting, whether all the owners attend or not, the owners in interest of at least 1/2 of such mill or dam may rebuild or repair so far as to make them serviceable; and shall be reimbursed out of said mill or its profits what they advanced therefor beyond their proportions, with interest in the meantime.
38 M.R.S. § 1319-L — ME Code / Title 38 / Chapter 13 / Section 1319-L
38 §1319-L. Exemption for treatment of corrosive hazardous wastes
Status: in_force

1. Licensing. A hazardous waste facility license is not required under section 1317‑A or 1319‑O for elementary neutralization units as defined in department rules for the owner or operator of the facility who complies with requirements of law applicable to elementary neutralization or elementary neutralization units. Requirements of law include waste discharge permits authorizing the discharge of treated waste, permit or other requirements for adoption of a spill prevention plan, and maintenance of collection and treatment equipment. [PL 1995, c. 241, §1 (NEW).]

2. Reporting. Collection and handling of hazardous waste exempt from licensing under subsection 1 is also exempt from the reporting requirement under section 1318, subsection 1 and section 1318‑B, subsection 1 provided such wastes are discharged into a contained area, which may include a pipe or sewer. [PL 1995, c. 241, §1 (NEW).]
38 M.R.S. § 489-A-1 — ME Code / Title 38 / Chapter 3 / Section 489-A-1
38 §489-A-1. Department review of development within the unorganized and deorganized areas
Status: in_force

1. Review. Except as provided in section 488, subsection 9‑A, paragraphs A , B and C , the department shall review development within the unorganized and deorganized areas as defined in Title 12, section 682, subsection 1 . [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]

2. Criteria for approval. The department shall approve a development proposal under this section if: A. The proposed development is an allowed use within the subdistrict or subdistricts in which it is to be located. Subdistricts and allowed uses are established in rule by the Maine Land Use Planning Commission in accordance with Title 12, section 685‑A ; [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).] B. The standards established under section 484 are met; [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).] C. The standards established in rules adopted under section 489‑E to implement this section are met; and [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).] D. The Maine Land Use Planning Commission has certified that the proposed development meets any land use standard established by the commission and applicable to the project that is not considered in the department's review under subsection 1 . [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).] For a development or part of a development within the unorganized or deorganized areas as defined in Title 12, section 682, subsection 1 , the department may request and obtain technical assistance and recommendations from the Maine Land Use Planning Commission. The commission shall respond to the requests within 90 days. The department shall consider the recommendations of the commission in acting upon a development application. [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]

Violation and enforcement provisions in chapter 2, subchapter 1 apply to development reviewed by the department under this section. [PL 2011, c. 682, §33 (NEW); PL 2011, c. 682, §40 (AFF).]
38 M.R.S. § 1319-D — ME Code / Title 38 / Chapter 13 / Section 1319-D
38 §1319-D. Maine Hazardous Waste Fund
Status: in_force

The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III . All fees, penalties, interest and other charges under this subchapter must be credited to this fund. This fund must be charged with the expenses of the department related to this subchapter and subchapter III , including costs of removal or abatement of discharges and costs of the inspection or supervision of hazardous waste activities and hazardous waste handlers. [PL 2001, c. 212, §6 (AMD).]

Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities for hazardous waste management shall be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by statute. Interest received on that investment shall be credited to the fund. [PL 1981, c. 478, §7 (NEW).]

The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 1319‑E, subsection 1, paragraphs C and E for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666 . The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 1319‑E, subsection 1, paragraphs A and D may be made as authorized by the State Controller following approval by the commissioner. [PL 1997, c. 424, Pt. B, §10 (AMD).]
38 M.R.S. § 466-A — ME Code / Title 38 / Chapter 3 / Section 466-A
38 §466-A. Sustenance fishing designated use
Status: in_force

1. Water quality criteria. To protect the sustenance fishing designated use designated under this article, the department shall calculate and establish water quality criteria for human health using a fish consumption rate of 200 grams per day and a cancer risk level of one in 1,000,000, except that the cancer risk level for inorganic arsenic is governed by section 420, subsection 2, paragraph J . [PL 2019, c. 463, §5 (NEW).]

2. Criteria deemed protective. For all purposes, the sustenance fishing designated use established under this article is deemed protected through the water quality criteria for human health calculated and established by the department for the water body segments subject to a sustenance fishing designated use under this article. [PL 2019, c. 463, §5 (NEW).]

3. Limitation; construction. Nothing in this section and nothing in the designation in this article of a sustenance fishing designated use may be construed to: A. Create any other right or protection, including a right to any particular quantity or quality of fish; [PL 2019, c. 463, §5 (NEW).] B. Limit any right or protection otherwise existing in law; or [PL 2019, c. 463, §5 (NEW).] C. Alter or affect the regulation of mercury in discharges, which is governed exclusively by section 413, subsection 11 and section 420, subsection 1‑B . [PL 2019, c. 463, §5 (NEW).] [PL 2019, c. 463, §5 (NEW).]
38 M.R.S. § 1316 — ME Code / Title 38 / Chapter 13 / Section 1316
38 §1316. Prohibition
Status: in_force

A person may not handle used motor vehicle tires at an uncontrolled tire stockpile in violation of an order issued under this subchapter. [PL 1991, c. 517, Pt. A, §2 (NEW).]
38 M.R.S. § 343-H — ME Code / Title 38 / Chapter 2 / Section 343-H
38 §343-H. Clean Government Initiative
Status: in_force

1. Initiative established; directors. The Clean Government Initiative, referred to in this section as the "initiative," is established to assist state agencies and state-supported institutions of higher learning in meeting applicable environmental compliance requirements and to incorporate environmentally sustainable practices into all state government functions. The initiative is jointly directed by the commissioner, the Commissioner of Administrative and Financial Services, the Chancellor of the University of Maine System or the chancellor's designee and the President of the Maine Community College System or the president's designee, referred to in this section as the "directors." [PL 2001, c. 695, §1 (AMD); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

1-A. State-supported institution of higher learning. For purposes of this section, "state-supported institution of higher learning" means the University of Maine System, the Maine Maritime Academy and the Maine Community College System. [PL 2001, c. 695, §1 (NEW); PL 2003, c. 20, Pt. OO, §2 (AMD); PL 2003, c. 20, Pt. OO, §4 (AFF).]

2. Duties; responsibilities. The directors of the initiative shall: A. Establish a coordinated state government environmental plan to ensure that: (1) All agencies and state-supported institutions of higher learning comply with state and federal environmental laws; and (2) Environmentally sustainable practices are incorporated into state government planning, operations and regulatory functions; [PL 2001, c. 695, §1 (AMD).] B. Establish metrics to measure and assess the environmental compliance and performance of state agencies and state-supported institutions of higher learning. In developing those metrics, the directors shall seek to achieve continuous improvement in environmental compliance and performance of all state agencies through: (1) Pollution prevention; (2) Improvements in energy efficiency, including facility siting, design, construction and management; and (3) Procurement of environmentally friendly commodities and services, as assessed on a life cycle basis, including technically comparable, cost-effective and reasonably available alternatives to products that may release dioxin or mercury to the environment, recycling of waste products and enhanced fleet efficiency; [PL 2001, c. 695, §1 (AMD).] C. Advise and assist state agencies and state-supported institutions of higher learning in developing environmental compliance audits and plans and in implementing those plans; [PL 2001, c. 695, §1 (AMD).] D. Advise the Governor and the Legislature in the formulation of policies for the effective achievement of initiative goals; and [PL 2001, c. 333, §5 (NEW).] E. Ensure that the capital master plan established under Title 5, section 299 is implemented in a manner consistent with the initiative. [PL 2001, c. 333, §5 (NEW).] [PL 2001, c. 695, §1 (AMD).]

3. Responsibilities of state agencies and state-supported institutions of higher learning. State agencies and state-supported institutions of higher learning shall cooperate with the directors in implementing the initiative and shall provide staff assistance and technical support upon request. In addition, each state agency and state-supported institution of higher learning shall: A. Complete or demonstrate completion of an audit of its facilities to determine compliance with applicable state and federal environmental laws; [PL 2001, c. 333, §5 (NEW).] B. [PL 2009, c. 121, §3 (RP).] C. Appoint an employee in the agency or state-supported institution of higher learning to be responsible for ensuring the development and implementation of agency activities under the initiative; and [PL 2001, c. 695, §1 (AMD).] D. Establish standards for leasing or building state facilities consistent with the initiative. [PL 2001, c. 333, §5 (NEW).] Each agency and state-supported institution of higher learning shall fund costs associated with implementing this initiative from within existing budgeted resources. [PL 2009, c. 121, §3 (AMD).]

4. Reporting. [PL 2015, c. 124, §1 (RP).]
38 M.R.S. § 1316-E — ME Code / Title 38 / Chapter 13 / Section 1316-E
38 §1316-E. Lien established
Status: in_force

1. Establishment. All costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of an uncontrolled tire stockpile and all related interest and penalties constitute a lien against the real estate of the responsible party or parties. [PL 1991, c. 517, Pt. A, §2 (NEW).]

2. Priority. The priority of a lien filed pursuant to this section is governed by the following. A. Any lien filed pursuant to this section on real estate where an uncontrolled tire stockpile is located has precedence over all encumbrances on the real estate recorded after the effective date of this section. For the purposes of this paragraph, the term "real estate" includes all real estate of a responsible party that has been included in the property description of the real estate on which the stockpile is located within the 3-year period preceding the date of the filing of the lien or the period between the effective date of this section and the date on which the lien is filed, whichever period is shorter. [PL 1991, c. 517, Pt. A, §2 (NEW).] B. Any lien filed pursuant to this section on any other real estate of the responsible party has precedence over all transfers and encumbrances filed after the date that the lien is filed with the registry of deeds. [PL 1991, c. 517, Pt. A, §2 (NEW).] [PL 1991, c. 517, Pt. A, §2 (NEW).]

3. Notice. A certificate of lien signed by the commissioner must be mailed by certified mail, return receipt requested, to all persons of record holding an interest in the real estate over which the commissioner's lien is entitled to priority under subsection 2, paragraph A . A certificate may be filed for record in the office of the clerk of any municipality in which the real estate is situated. [PL 1991, c. 517, Pt. A, §2 (NEW).]

4. Recording. Any lien filed pursuant to this section is effective when filed with the registry of deeds for the county in which the real estate is located. The lien must include a description of the real estate, the amount of the lien and the name of the owner as grantor. [PL 1991, c. 517, Pt. A, §2 (NEW).]

5. Limitation. This section does not apply to a unit of real estate that consists primarily of real estate used or under construction as single or multifamily housing at the time the lien is recorded or to property owned by a municipality. [PL 1991, c. 517, Pt. A, §2 (NEW).]

6. Discharge of lien. When the amount of a lien recorded under this section has been paid or reduced, the commissioner, upon request by any person of record holding interest in the real estate that is the subject of the lien, shall issue a certificate discharging or partially discharging the lien. The certificate must be recorded in the registry in which the lien was recorded. Any foreclosure action on the lien must be brought by the Attorney General in the name of the State in the Superior Court for the judicial district in which the property subject to the lien is situated. [PL 1991, c. 517, Pt. A, §2 (NEW).]
38 M.R.S. § 585-C — ME Code / Title 38 / Chapter 4 / Section 585-C
38 §585-C. Hazardous air pollutant emissions inventory
Status: in_force

1. Findings and purpose. The Legislature finds that advancing scientific knowledge increasingly demonstrates that many air pollutants may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness to the residents of the State. Accordingly, the Legislature concludes that it is in the public interest to identify the extent of potential health risks. [PL 1983, c. 835, §2 (NEW).]

2. Emissions inventory. The commissioner shall carry out and maintain an inventory of the sources in the State emitting any substance that may be a hazardous air pollutant. A. This inventory must include the following data for each of those substances: (1) The number of sources; (2) The location of each source or category of source; (3) The quantity emitted by each source or category of source; (4) The total emissions; and (5) The percentage of total emissions generated by sources with existing air licenses. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (AMD).] B. In conducting this inventory, the commissioner may rely upon questionnaires or other reasonable methods, including those established by the United States Environmental Protection Agency, for the purpose of carrying out this duty as promptly and efficiently as possible. The commissioner shall clearly indicate on any requests for information the minimum amount of emissions that must be reported. The commissioner may not require reporting of this information more frequently than every other year. [PL 1995, c. 313, §1 (AMD).] C. In carrying out this inventory, the commissioner may require persons to provide information on forms supplied by the commissioner. Refusal to provide the information subjects the person of whom it is requested to a civil penalty of not more than $100 for each day's delay. Submission of false information constitutes a violation of section 349, subsection 3 , in addition to being subject to remedies otherwise available by law. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (AMD).] D. [PL 2015, c. 250, Pt. C, §9 (RP).] E. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (RP).] [PL 2015, c. 250, Pt. C, §9 (AMD).]
38 M.R.S. § 570-BB — ME Code / Title 38 / Chapter 3 / Section 570-BB
38 §570-BB. Prohibition
Status: in_force

Notwithstanding any other provision of law to the contrary, a person may not perform or cause to be performed, and the department may not permit, approve or otherwise authorize, any oil or natural gas exploration, development or production in, on or under the waters of the State. [PL 2019, c. 294, §2 (NEW).]
38 M.R.S. § 774 — ME Code / Title 38 / Chapter 5 / Section 774
38 §774. Alterations to be made
Status: in_force

If the decision is in favor of the plaintiffs, said commissioners shall direct the town, in writing, to make the alterations prescribed and fix the time within which the same shall be done, and if not done within the time fixed, the same may be done by the plaintiffs. Whether by the town or by the plaintiffs, it shall be done in a faithful manner and to the acceptance of the commissioners. Whichever party makes said alterations has a claim upon the other for the proportion fixed by the commissioners for said other party to pay, and if it is not paid within 30 days after its approval by said commissioners and a demand therefor, it may be recovered in a civil action.
38 M.R.S. § 1668 — ME Code / Title 38 / Chapter 16-B / Section 1668
38 §1668. Education program
Status: in_force

The department shall implement an education program relating to mercury-added products no later than January 1, 2001. The program must provide information to the public about labeled mercury-added products, the requirements of the law regarding the source separation of waste mercury-added products and collection programs that are available to the public. [PL 2011, c. 655, Pt. GG, §19 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1310-H — ME Code / Title 38 / Chapter 13 / Section 1310-H
38 §1310-H. Supervision and enforcement of schedules
Status: in_force

The commissioner shall monitor implementation of closure and remediation plans. In addition to any other remedy available by law, if the commissioner determines, after opportunity for public hearing, that any party responsible for the implementation of a plan has failed substantially to meet the established time schedule or has failed to execute the provisions of the plan, the commissioner may: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §240 (AMD).]

1. Departmental implementation. Authorize the department or its agents to enter onto the site and complete the remaining provisions of the plan; and [PL 1987, c. 517, §25 (NEW).]

2. Cost recovery. Initiate proceedings to recover any costs incurred by the department in implementing a plan from the party or parties responsible for implementation of the plan and, in the case of a municipal landfill, to recover from the municipality the full amount of any grants and loans made to it under this article in connection with closure and remediation of the landfill. [PL 1987, c. 517, §25 (NEW).]
38 M.R.S. § 445 — ME Code / Title 38 / Chapter 3 / Section 445
38 §445. Guidelines for shoreland zoning along significant river segments
Status: in_force

In addition to the guidelines adopted under section 438‑A , the following guidelines for the protection of the shorelands shall apply along significant river segments identified in section 437 . These guidelines are intended to maintain the special values of these particular river segments by protecting their scenic beauty and undeveloped character. [PL 1989, c. 403, §13 (AMD).]

1. New principal structures. New principal structures, except for structures related to hydropower facilities, shall be set back a minimum of 125 feet from the normal high-water line of the river. These structures shall be screened from the river by existing vegetation. [PL 1989, c. 403, §13 (AMD).]

2. New roads. Developers of new permanent roads, except for those providing access to a structure or facility allowed in the 250-foot zone, shall demonstrate that no reasonable alternative route outside of the zone exists. When roads must be located within the zone, they shall be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation. [PL 1989, c. 403, §13 (AMD).]

3. New gravel pits. Developers of new gravel pits shall demonstrate that no reasonable mining site outside of the zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than 75 feet and screened from the river by existing vegetation. [PL 1989, c. 403, §13 (AMD).]
38 M.R.S. § 480-CC — ME Code / Title 38 / Chapter 3 / Section 480-CC
38 §480-CC. Significant wildlife habitat; shorebird feeding and roosting areas
Status: in_force

Significant wildlife habitat as defined in section 480‑B, subsection 10 includes shorebird nesting, feeding and staging areas that are in conformance with criteria adopted by the department or are contained within another protected natural resource except as provided in this section and section 480‑DD . [PL 2007, c. 290, §7 (NEW); PL 2007, c. 290, §15 (AFF).]

1. Definitions. As used in this section and section 480‑DD , unless the context otherwise indicates, the following terms have the following meanings. A. "Shorebird feeding area" means a shorebird feeding or staging area that is not a roosting area. "Shorebird feeding area" includes a 100-foot-wide surrounding buffer referred to as "the feeding buffer." [PL 2007, c. 290, §7 (NEW); PL 2007, c. 290, §15 (AFF).] B. "Shorebird roosting area" means a shorebird feeding or staging area that is also a roosting area. "Shorebird roosting area" includes a 250-foot-wide surrounding buffer referred to as "the roosting buffer." [PL 2007, c. 290, §7 (NEW); PL 2007, c. 290, §15 (AFF).] [PL 2007, c. 290, §7 (NEW); PL 2007, c. 290, §15 (AFF).]

2. Cutting standards within roosting and feeding buffers. The cutting standards in this subsection apply in addition to the permitting standards in section 480‑D . A. Cutting or removal of vegetation within a roosting buffer is prohibited except as approved by the department for: (1) Removal of a safety hazard; (2) Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet in width as measured between tree trunks and shrub stems. The footpath may not result in a cleared line of sight to the water; and (3) Cutting or removal of vegetation determined to be necessary by the department in order to conduct other activities approved by the department pursuant to section 480‑C and in accordance with the standards of this article and rules adopted pursuant to this article, including but not limited to avoidance, minimization and no unreasonable impact. The department may not approve cutting or removal of vegetation for purposes of creating a view unless the department in consultation with the Department of Inland Fisheries and Wildlife determines there will be no unreasonable impact on the protected resource. Any cutting or removal of vegetation under this paragraph must be done in consultation with and as approved by the Department of Inland Fisheries and Wildlife. [PL 2007, c. 290, §7 (NEW); PL 2007, c. 290, §15 (AFF).] B. Cutting or removal of vegetation within a feeding buffer is prohibited except as approved by the department for: (1) Cutting or removal of vegetation that meets the vegetative screening standards set forth in section 439‑A, subsection 6 . In interpreting and enforcing these standards, the department shall rely upon the department's shoreland zoning rules regarding cutting or removal of vegetation for activities other than timber harvesting and apply the cutting standards applicable within 75 feet of a coastal wetland to the entire 100-foot feeding buffer; and (2) Cutting or removal of vegetation determined to be necessary by the department in order to conduct other activities approved by the department pursuant to section 480‑C and in accordance with the standards of this article and rules adopted pursuant to this article, including but not limited to avoidance, minimization and no unreasonable impact. This paragraph may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this paragraph. [RR 2015, c. 2, §27 (COR).] [RR 2015, c. 2, §27 (COR).]
38 M.R.S. § 470-D — ME Code / Title 38 / Chapter 3 / Section 470-D
38 §470-D. Filing of reports by users; aggregation of data
Status: in_force

Unless exempted under section 470‑C , a person withdrawing more than the threshold volume of water established in this article must file an annual water withdrawal report on December 1, 2003 and on every December 1st thereafter as provided in this section. [PL 2001, c. 619, §1 (NEW).]

Water withdrawal reports must be submitted to either the Commissioner of Environmental Protection, the Commissioner of Agriculture, Conservation and Forestry or the Commissioner of Health and Human Services in a form or manner prescribed by that commissioner. No later than January 1, 2003, those commissioners shall jointly publish a list indicating which classes of users are to report to which department. The form and manner of reporting must be determined by each commissioner except that the required information must be collected from each user above the threshold and in a manner that allows that data to be combined with data collected by the other commissioners. The reports must include information on actual and anticipated water use, the identification of the water source, the location of the withdrawal including the distance of each groundwater withdrawal from the nearest surface water source, the volume of the withdrawals that might be reasonably anticipated under maximum high-demand conditions and the number of days those withdrawals may occur each month and the location and volume of each point of discharge. The reporting may allow volumes to be reported in ranges established by the commissioners and reported volumes may be calculated estimates of volumes. The board, the Department of Agriculture, Conservation and Forestry and the Department of Health and Human Services may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A as necessary to implement the reporting provisions of this article. [PL 2011, c. 120, §7 (AMD); PL 2011, c. 657, Pt. W, §5, 6 (REV).]

Individual water withdrawal reports filed under this article are confidential and are not public records as defined in Title 1, section 402, subsection 3 . [PL 2001, c. 619, §1 (NEW).]
38 M.R.S. § 490-K — ME Code / Title 38 / Chapter 3 / Section 490-K
38 §490-K. Transfer of ownership or operation
Status: in_force

A person who purchases an excavation that is operated under a notice of intent to comply or who obtains operating authority of an excavation that operates under a notice of intent to comply must file within 2 weeks after the purchase or the obtaining of operating authority a notice of intent to comply on a form developed by the department. The new owner or operator may operate the excavation during this 2-week period without having filed a notice of intent to comply, providing the new owner or operator complies with all standards under this article. [PL 1995, c. 700, §32 (AMD).]
38 M.R.S. § 353-C — ME Code / Title 38 / Chapter 2 / Section 353-C
38 §353-C. Borrow pit and mining fees
Status: in_force

Fees received under chapter 3, subchapter 1, article 7 and article 8‑A must be deposited in the Maine Environmental Protection Fund and are governed by the general provisions of this subchapter. [PL 2003, c. 673, Pt. GG, §1 (NEW).]
38 M.R.S. § 1865 — ME Code / Title 38 / Chapter 20-A / Section 1865
38 §1865. Public water supplies
Status: in_force

If an infested water body pursuant to section 1864 is a public drinking water supply, public notification by the commissioner and the Commissioner of Inland Fisheries and Wildlife is required prior to any response action that proposes the use of a chemical control agent. Public notification must include, at a minimum, notification of adjoining municipalities, property owners, drinking water suppliers who use that water supply and other affected persons, and must provide adequate time for public review and comment on the proposed emergency action. Chemical control agents may not be used on a water body that is a public water supply without the prior written consent of each public water supplier using that water body. [PL 2003, c. 551, §21 (NEW).]
38 M.R.S. § 719 — ME Code / Title 38 / Chapter 5 / Section 719
38 §719. --offer to accept less compensation
Status: in_force

The owner of the land injured may within the time provided in section 717 offer in writing to the owner of the mill, dam or canal to accept a reduced compensation for the future. If the owner of the mill, dam or canal declines to pay it, and brings a new complaint to obtain a reduction, the owner of the mill, dam or canal may not recover costs, unless the compensation is reduced to a sum less than what was offered. [PL 2023, c. 405, Pt. A, §138 (AMD).]
38 M.R.S. § 7 — ME Code / Title 38 / Chapter 1 / Section 7
38 §7. Relation to other laws
Status: in_force

Nothing in this subchapter may be construed to be a limitation on the authority of municipalities to enact ordinances to regulate the assignment or placement of moorings and other activities in their harbors. These ordinances may include, but are not limited to: A process for assigning mooring privileges and determining the location of moorings; a waiting list for the assignment of mooring privileges; a fee schedule; construction standards for moorings; time limits on the mooring of vessels; a process for appeals from decisions of the harbor master; provisions that recognize that mooring privileges in lawful existence on the effective date of an ordinance may be preserved or continued after adoption of that ordinance, the location and use to be determined by the harbor master or other appropriate local authority; and provisions that establish a harbor commission or committee to administer the ordinance or ordinances and oversee the duties of the harbor master. Regulations adopted by the municipal officers under section 2 remain in effect unless the municipality's legislative body enacts an ordinance pertaining to the same matter pursuant to the Constitution of Maine, Article VIII, Part 2, and Title 30‑A, section 3001 . [PL 1997, c. 89, §1 (AMD).]
38 M.R.S. § 481 — ME Code / Title 38 / Chapter 3 / Section 481
38 §481. Findings and purpose
Status: in_force

The Legislature finds that the economic and social well-being of the citizens of the State of Maine depends upon the location of state, municipal, quasi-municipal, educational, charitable, commercial and industrial developments with respect to the natural environment of the State; that many developments because of their size and nature are capable of causing irreparable damage to the people and the environment on the development sites and in their surroundings; that the location of such developments is too important to be left only to the determination of the owners of such developments; and that discretion must be vested in state authority to regulate the location of developments which may substantially affect the environment and quality of life in Maine. [PL 1987, c. 812, §§1, 18 (AMD).]

The Legislature further finds that certain geological formations particularly sand and gravel deposits, contain large amounts of high quality ground water. The ground water in these formations is an important public and private resource, for drinking water supplies and other industrial, commercial and agricultural uses. The ground water in these formations is particularly susceptible to injury from pollutants, and once polluted, may not recover for hundreds of years. It is the intent of the Legislature, that activities that discharge or may discharge pollutants to ground water may not be located on these formations. [PL 1981, c. 449, §3 (NEW).]

The purpose of this subchapter is to provide a flexible and practical means by which the State, acting through the department, in consultation with appropriate state agencies, may exercise the police power of the State to control the location of those developments substantially affecting local environment in order to insure that such developments will be located in a manner which will have a minimal adverse impact on the natural environment within the development sites and of their surroundings and protect the health, safety and general welfare of the people. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §84 (AMD).]

The Legislature further finds that noise generated at development sites has primarily a geographically restricted and frequently transient impact that is best regulated at the municipal level pursuant to a municipality's economic development and land use plans. It is the intent of the Legislature that regulation of noise from developments be primarily the responsibility of local municipal governments. [PL 1993, c. 383, §2 (AMD); PL 1993, c. 383, §42 (AFF).]
38 M.R.S. § 2001 — ME Code / Title 38 / Chapter 23 / Section 2001
38 §2001. Watershed districts authorized
Status: in_force

Watershed districts may be created pursuant to this section to protect, restore and maintain the natural functions and values of coastal wetlands; freshwater wetlands; rivers, streams and great ponds; coastal harbors; bays; estuaries and marine waters and to manage and conserve the land and water resources of watersheds of those resources within the jurisdictions of these districts. The natural functions and values of those resources include water quality, water quality maintenance, aquatic and wildlife habitat, scenic quality and floodwater storage and conveyance. The term "participating water district," as used in this chapter, means a water district, as defined by Title 35‑A, section 6101, subsection 3 , included in the application provided for by section 2002 . [PL 1993, c. 721, Pt. E, §2 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
38 M.R.S. § 1316-F — ME Code / Title 38 / Chapter 13 / Section 1316-F
38 §1316-F. Tire Management Fund
Status: in_force

The Tire Management Fund is created within the department as a nonlapsing dedicated fund to pay the costs of tire stockpile abatement, remediation and cleanup. All funds appropriated or allocated to the fund must be deposited in the fund and the fund may accept grants, bequests, gifts or contributions from any person, corporation or governmental entity. The fund must be used for the purposes set forth in section 1316‑B . Permissible uses include providing financial incentives to tire processors to make the processing of tires economically feasible. The department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by March 1, 1996 on how the funds have been spent. [PL 1995, c. 465, Pt. A, §24 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 902 — ME Code / Title 38 / Chapter 5 / Section 902
38 §902. Consultation process
Status: in_force

1. Consultation required. Within 210 days of filing a petition pursuant to section 901 , a dam owner shall consult with the persons and entities listed in subsection 3 to determine whether any of them wish to assume ownership of the dam. During the consultation period, the dam owner must meet with the department, the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Maine Emergency Management Agency to review the information provided in the petition submitted pursuant to section 901, subsection 1 . During consultation with each person or group of persons, the owner shall explain the process set forth in this article and shall inform the person or group that the department may issue an order requiring release of the water impounded by the dam if a new owner is not located. A dam owner may meet the obligation to consult with property owners by holding a public meeting and consulting with the persons who appear at that meeting, as long as notice has been sent to each property owner as required in section 901 . [PL 2025, c. 226, §2 (AMD).]

1-A. Extension of consultation period. The consultation period under subsection 1 must be extended for an additional 210 days if: A. A municipality in which the dam or impoundment is located applies to the department for an extension and demonstrates that the municipality needs additional consultation time to facilitate an agreement for municipal ownership of the dam; or [PL 1997, c. 789, §1 (NEW); PL 1997, c. 789, §5 (AFF).] B. The dam owner applies to the department for an extension. [PL 1997, c. 789, §1 (NEW); PL 1997, c. 789, §5 (AFF).] If, pursuant to this subsection, the department approves an application for an extension of the consultation period under subsection 1 for an additional 210 days, the department may approve a 2nd application for an extension of the consultation period for an additional 210 days in accordance with this subsection if determined necessary by the department. The department may not extend the consultation period under subsection 1 more than twice, for more than 420 days in total, regardless of the number of applications for extension under this subsection. [PL 2025, c. 226, §3 (AMD).]

2. Timing of consultation. Consultation prior to the filing of a petition meets the requirements of subsection 1 only if the dam owner, during the consultation, disclosed an intent to file a petition under this article and provided the information required in subsection 1 . [PL 1995, c. 630, §3 (NEW).]

3. Parties to consultation. The following persons must be consulted as provided in subsection 1 : A. Individuals and groups of persons, such as lake associations, who own property abutting the dam site, the water impounded by the dam or the waterway immediately downstream from the dam; [PL 1995, c. 630, §3 (NEW).] B. The Commissioner of Inland Fisheries and Wildlife, the Commissioner of Marine Resources, the Commissioner of Agriculture, Conservation and Forestry and the Director of the Maine Emergency Management Agency; [PL 2025, c. 226, §4 (AMD).] C. The municipal officers of any municipality and the county commissioners of any unorganized area in which the dam or impoundment is located; and [PL 1995, c. 630, §3 (NEW).] D. Representatives of the tribal governments of Indian tribes or nations in whose territory a dam or impoundment is located. [PL 1995, c. 630, §3 (NEW).] [PL 2025, c. 226, §4 (AMD).]

4. Report on notice compliance. The dam owner shall file a report with the department within 210 days of filing a petition that includes: A. Evidence that the owner complied with the notice requirements set forth in section 901 ; and [PL 1997, c. 789, §2 (AMD); PL 1997, c. 789, §5 (AFF).] B. Names and addresses of persons notified under section 901 . [PL 1997, c. 789, §2 (AMD); PL 1997, c. 789, §5 (AFF).] C. [PL 1997, c. 789, §2 (RP); PL 1997, c. 789, §5 (AFF).] [PL 2025, c. 226, §5 (AMD).]

4-A. Report on consultation process. The dam owner shall file a report with the department within 210 days of filing a petition or before the conclusion of an extension to the consultation period granted pursuant to subsection 1‑A that includes: A. Names and addresses of parties consulted in accordance with this section; and [PL 1997, c. 789, §3 (NEW); PL 1997, c. 789, §5 (AFF).] B. The results of the consultations and whether a new owner has been located. [PL 1997, c. 789, §3 (NEW); PL 1997, c. 789, §5 (AFF).] [PL 2025, c. 226, §6 (AMD).]

5. Evaluation of report. If the department determines, after reviewing the report, that the dam owner has not complied with the requirements of section 901 or this section, the department shall allow the dam owner a reasonable period of time to correct the deficiency. The department shall reject the petition if: A. The deficiency has not been corrected within the specified time period; or [PL 1995, c. 630, §3 (NEW).] B. The department finds that a person was willing to assume ownership of the dam but the dam owner refused to transfer the property because that person refused to pay compensation, other than costs, for the transfer. [PL 1995, c. 630, §3 (NEW).] [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 1319-Y — ME Code / Title 38 / Chapter 13 / Section 1319-Y
38 §1319-Y. Requirements for used oil collection centers
Status: in_force

Owners and operators of used oil collection centers who wish to register their used oil collection centers for the purposes of section 1319‑G, subsection 3 must comply with the following requirements in addition to any other requirements that may be established in rules adopted pursuant to section 1319‑O, subsection 2, paragraph B . Other used oil collection centers are not required to comply with the provisions of this section. [PL 1995, c. 573, §6 (NEW).]

1. Registration. Registration of used oil collection centers is governed by this subsection. A. The owner or operator of a used oil collection center shall register the center on a form provided by the department. The registration form must be sent by certified mail or hand-delivered to the department. The registration form must be accompanied by photographs of the used oil collection center that clearly show that the design requirements of subsection 2 have been met. [PL 1995, c. 573, §6 (NEW).] B. If the applicable requirements of this section have not been met, the department shall notify the owner or operator in writing no later than 30 days after the department receives the completed registration form and photographs. If the department has not notified the applicant within the 30-day period, the center is deemed to be registered. [PL 1995, c. 573, §6 (NEW).] C. The owner or operator of a used oil collection center shall file an amended registration form within 10 business days upon any change in the information provided on the initial registration form. [PL 1995, c. 573, §6 (NEW).] [PL 1995, c. 573, §6 (NEW).]

2. Design requirements. In order to qualify for the waiver of reimbursement under section 1319‑G, subsection 3 , the following design requirements applicable to aboveground tanks used to collect or store used oil must be met. A. Tanks that are located outdoors must be watertight, must be equipped with spill and overfill protection, must be secured to prevent the tank from tipping over and must either: (1) Be double-walled; or (2) Have an alternate means of impervious secondary containment that is watertight and has the capacity to hold a minimum of 110% of the contents of the tank, with a roof over both the tank and the secondary containment. [PL 1995, c. 573, §6 (NEW).] B. Tanks that are located inside a building must have rigid piping, must have a funnel that is rigidly attached, must be secured to prevent the tank from tipping over and must either: (1) Be double-walled; or (2) Have an alternate means of impervious secondary containment that has the capacity to hold a minimum of 50% of the contents of the tank. [PL 1995, c. 573, §6 (NEW).] C. Tanks must be constructed of fiberglass, steel or other nonporous material. [PL 1995, c. 573, §6 (NEW).] D. The total aggregate capacity of all used oil tanks at a used oil collection center may not exceed the greater of 660 gallons or the total aggregate capacity of the used oil tanks at that center on the effective date of this section. [PL 1995, c. 573, §6 (NEW).] E. Tanks must be located in a manner that permits them to be readily inspected for evidence of leaks. [PL 1995, c. 573, §6 (NEW).] F. Tanks may not be located where any leaks could drain into sewers, floor drains or storm water catch basins or in areas subject to floods. [PL 1995, c. 573, §6 (NEW).] G. Tanks must be maintained in good condition with no severe rusting, no apparent structural defects or deterioration and no visible leaks. [PL 1995, c. 573, §6 (NEW).] H. Tanks must be clearly labeled or marked with the words "Used Oil." [PL 1995, c. 573, §6 (NEW).] I. Tanks must be located so that they are not exposed to a spill or leak of a Class I or Class II liquid. [PL 1995, c. 573, §6 (NEW).] J. The installation of tanks must be in accordance with applicable local ordinances. [PL 1995, c. 573, §6 (NEW).] K. Tanks must be protected from vehicular traffic by location or protection with bollards or similar devices. [PL 1995, c. 573, §6 (NEW).] [PL 1995, c. 573, §6 (NEW).]

3. Operational requirements. In order to qualify for the waiver of reimbursement under section 1319‑G, subsection 3 , the owners and operators of used oil collection centers: A. May accept no more than 20 gallons of used oil from any entity or individual in a 24-hour period; [PL 1995, c. 573, §6 (NEW).] B. Shall inspect each load of used oil by sight or scent before accepting the used oil for collection; [PL 1995, c. 573, §6 (NEW).] C. Shall keep the used oil collection tank locked at all times, except when used oil is being added or removed; [PL 1995, c. 573, §6 (NEW).] D. Shall supervise the addition of used oil to the tank; [PL 1995, c. 573, §6 (NEW).] E. Shall provide ongoing maintenance and repairs at the used oil collection center to avoid any environmental hazards such as spills, leaks, discharges, fires and explosions; [PL 1995, c. 573, §6 (NEW).] F. May offer used oil only to persons licensed with the department as waste oil transporters pursuant to section 1319‑O, subsection 2, paragraph A ; [PL 1995, c. 573, §6 (NEW).] G. Shall report to the Department of Public Safety within 2 hours of becoming aware of a discharge and immediately take action to contain and remove any discharges of used oil; and [PL 1995, c. 573, §6 (NEW).] H. Shall notify the department no later than 24 hours after discovery that used oil delivered to or collected at the center is a hazardous waste. [PL 1995, c. 573, §6 (NEW).] [PL 1995, c. 573, §6 (NEW).]
38 M.R.S. § 712 — ME Code / Title 38 / Chapter 5 / Section 712
38 §712. --security for
Status: in_force

When any person whose lands are so flowed or from whose lands the water is so diverted files a complaint for ascertaining or increasing the person's damages, or brings a civil action as provided in section 713, and moves the court to direct the owner or occupant of such mill or canal to give security for the payment of the annual damages, and the court so orders, the owner or occupant refusing or neglecting to give such security has no benefit of this chapter; but is liable to be sued for the damages occasioned by such flowing in a civil action. [RR 2021, c. 2, Pt. B, §250 (COR).]
38 M.R.S. § 2234 — ME Code / Title 38 / Chapter 24 / Section 2234
38 §2234. Civil penalty
Status: in_force

A person that certifies a report under section 2232 as being complete and accurate and who knows that the report is either incomplete or inaccurate is subject to a civil penalty not to exceed $500, payable to the State. This penalty is recoverable in a civil action. [PL 1991, c. 676, §1 (NEW).]
38 M.R.S. § 1203 — ME Code / Title 38 / Chapter 11 / Section 1203
38 §1203. Assessments
Status: in_force

When any sanitary district formed under this chapter has constructed and completed a common sewer, the trustees may, if they so determine, in order to defray a portion of the expense thereof, determine what lots or parcels of land are benefited by such sewer, and estimate and assess upon such lots and parcels of land, and against the owner thereof, or person in possession or against whom taxes thereon are assessed, whether the person to whom the assessment is so made is the owner, tenant, lessee or agent, and whether the same is occupied or not, except that in the case of a sanitary district encompassing unorganized territory, such assessments made on lots or parcels of land in such unorganized territory must be made by the trustees against the party in possession thereof, such sum not exceeding such benefit as they may consider just and equitable towards defraying the expense of constructing and completing such sewer, together with such sewage disposal units and appurtenances as may be necessary, the whole of such assessments not to exceed 1/2 of the cost of such sewer and sewage disposal units. The trustees shall file with the clerk of the district the location of such sewer and sewage disposal unit, with a profile description of the same, and a statement of the amount assessed upon each lot or parcel of land so assessed, a description of each lot or parcel, and the name of the owner of such lots or parcels of land or person against whom said assessment must be made, and the clerk of such district shall record the same in a book kept for that purpose, and within 10 days after such filing, each person so assessed must be notified of such assessment by having an authentic copy of the assessment, with an order of notice signed by the clerk of the district, stating the time and place for a hearing upon the subject matter of the assessments, given to each person so assessed or left at the person's usual place of abode in the district; if a person so assessed has no place of abode in the district, then such notice must be given or left at the abode of that person's tenant or lessee if that person has one in the district; if that person has no such tenant or lessee in the district, then by posting said notice in some conspicuous place in the vicinity of the lot or parcel of land so assessed, at least 30 days before the hearing, or such notice may be given by publishing the same once a week for 3 successive weeks in any newspaper of general circulation in the district, the first publication to be at least 30 days before the hearing; a return made upon a copy of such notice by any constable in any municipality within the district or by any sheriff or deputy sheriff or the production of the newspaper containing such notice is conclusive evidence that the notice has been given, and upon such hearing the trustees have power to revise, increase or diminish any of such assessments, and all such revisions, increases or diminutions must be in writing and recorded by the clerk of the district. [RR 2021, c. 2, Pt. B, §279 (COR).]
38 M.R.S. § 2182 — ME Code / Title 38 / Chapter 24 / Section 2182
38 §2182. Ability to indemnify
Status: in_force

Nothing in this subchapter may be construed to prevent any host municipality, regional association or the State from obtaining or giving such indemnities as may be appropriate in connection with the ownership, operation or control of a municipal solid waste facility. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 722 — ME Code / Title 38 / Chapter 5 / Section 722
38 §722. Double damages if restrictions violated
Status: in_force

If, after judgment, the restrictions imposed by the report of the commissioners or finding of the jury respecting the flowing or diverting of the waters are violated, the party injured thereby may recover of the wrongdoers double damages for the injury in a civil action. [RR 2021, c. 2, Pt. B, §252 (COR).]
38 M.R.S. § 2122 — ME Code / Title 38 / Chapter 24 / Section 2122
38 §2122. State waste management and recycling plan
Status: in_force

The department shall prepare an analysis of, and a plan for, the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132 . The plan must provide guidance and direction to municipalities in planning and implementing waste management and recycling programs at the state, regional and local levels. [PL 2011, c. 655, Pt. GG, §29 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Consultation. In developing the state plan the department shall solicit public input and may hold hearings in different regions of the State. [PL 2011, c. 655, Pt. GG, §29 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Revisions. The department shall revise the analysis by January 1, 2014 and every 5 years after that time to incorporate changes in waste generation trends, changes in waste recycling and disposal technologies, development of new waste generating activities and other factors affecting solid waste management as the department finds appropriate. [PL 2011, c. 655, Pt. GG, §29 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 2140 — ME Code / Title 38 / Chapter 24 / Section 2140
38 §2140. Interstate and national initiatives
Status: in_force

The department may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste. [PL 2011, c. 655, Pt. GG, §37 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 443-A — ME Code / Title 38 / Chapter 3 / Section 443-A
38 §443-A. Cooperation; enforcement
Status: in_force

1. Consultation with state agencies. All agencies of State Government shall cooperate to accomplish the objectives of this article. To that end, the commissioner shall consult with the governing bodies of municipalities and with other state agencies to achieve the purposes of this article, and shall extend to municipalities all possible technical and other assistance for that purpose. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §48 (AMD).]

2. Legal actions. In any legal action in which the pleadings challenge the validity or legality of any ordinance adopted pursuant to this article, the Attorney General shall be made a party until removed by the Attorney General's consent. [PL 1987, c. 815, §§10, 11 (NEW).]

3. Remedies. Any municipality that fails to adopt, administer or enforce zoning and land use ordinances as required under this article is subject to the enforcement procedures, equitable remedies and civil penalties set forth in sections 347‑A to 349 . [RR 2011, c. 2, §44 (COR).]
38 M.R.S. § 1466 — ME Code / Title 38 / Chapter 14-A / Section 1466
38 §1466. Other facilities
Status: in_force

Except for on-site storage of spent fuel from a nuclear power plant, any facility for storage or processing of high-level radioactive waste which is not a repository covered by section 1461, subsection 1, is subject to the requirements in this section. Except for storage in existing licensed capacity, on-site storage of spent fuel from a nuclear power plant shall be subject to subsections 1 and 2 . [PL 1985, c. 802, §11 (AMD).]

1. Notification. Any person planning to construct a facility covered by this section shall notify the commissioner. The board shall, by rule, specify the form, content and timing of that notice. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §271 (AMD).]

2. Commissioner review. Upon receipt of notice under subsection 1 , the commissioner shall review the proposed facility as closely as possible in accordance with section 1463 and report its findings and recommendations within 90 days to the Governor and the Legislature. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §271 (AMD).]

3. Legislative approval of facilities required. No high-level radioactive waste disposal or storage facility covered by this section may be constructed or operated in the State, unless the Legislature has expressly approved the construction or operation of that facility. This approval does not replace any other license or permit that may be required by law or rule. [PL 1983, c. 381, §9 (NEW).]
38 M.R.S. § 1319-B — ME Code / Title 38 / Chapter 13 / Section 1319-B
38 §1319-B. Findings and purpose
Status: in_force

The Legislature finds that the proper handling of hazardous waste and protection of the natural environment are important to the public health, safety and welfare. The Legislature also finds that spills and unlicensed discharges of hazardous waste may cause damage to owners and users of property, public and private recreational activities, the natural environment and the general health and safety of citizens of the State. [PL 1981, c. 478, §7 (NEW).]

The Legislature further finds that it is in the public interest of the State and its citizens to provide the capability for prompt and effective response to spills and unlicensed discharges of hazardous waste and that this state's interest overweighs the economic burdens and any burden of strict liability imposed by this subchapter upon those engaged in generating, transporting and handling hazardous waste. [PL 1981, c. 478, §7 (NEW).]

The Legislature further finds that substantial quantities of waste oil are contaminated by hazardous waste and that waste oil, if not properly handled, is a threat to the public health, safety and welfare and to the environment and therefore must be controlled. [PL 1983, c. 342, §5 (NEW).]
38 M.R.S. § 1802 — ME Code / Title 38 / Chapter 19 / Section 1802
38 §1802. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 794, Pt. A, §11 (NEW).]

1. Coastal area. The "coastal area" encompasses all coastal municipalities and unorganized townships on tidal waters and all coastal islands. The inland boundary of the coastal area is the inland line of coastal town lines and the seaward boundary is the 3-nautical-mile line as shown on the most recently published Federal Government nautical chart. [PL 2007, c. 157, §2 (AMD).]

2. Coastal management. "Coastal management" means the planning, development, conservation and regulation of coastal resource use by Federal, state, regional and local governments. [PL 1985, c. 794, Pt. A, §11 (NEW).]

3. Coastal resources. "Coastal resources" means the coastal waters of the State and adjacent shorelands, their natural resources and related marine and wildlife habitat that together form an integrated terrestrial, estuarine and marine ecosystem. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 356 — ME Code / Title 38 / Chapter 2 / Section 356
38 §356. Disbursements
Status: in_force

The fund is available to compensate the municipalities of the State for legal expenses, including court costs, attorneys' fees and expert and other witness fees, incurred in the enforcement of local land use laws and ordinances affecting great ponds and the defense of regulatory actions taken pursuant to such land use laws and ordinances. The State shall provide 75% of a municipality's legal expenses which must be matched with a 25% local share, except that no single municipality may receive more than $25,000 from the fund in any fiscal year. For purposes of this subchapter, "land use laws and ordinances" means those laws and ordinances enumerated in Title 30‑A, section 4452, subsection 5 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §16 (AMD).]
38 M.R.S. § 438-B — ME Code / Title 38 / Chapter 3 / Section 438-B
38 §438-B. Timber harvesting and timber harvesting activities in shoreland areas; authority of Director of the Bureau of Forestry in the Department of Agriculture, Conservation and Forestry
Status: in_force

Except as provided in subsection 4 , beginning on the effective date established under subsection 5 , rules adopted by the Commissioner of Conservation under Title 12, section 8867‑B apply statewide for the purpose of regulating timber harvesting and timber harvesting activities in shoreland areas. [PL 2005, c. 226, §3 (AMD).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Director" means the Director of the Bureau of Forestry within the Department of Agriculture, Conservation and Forestry. [PL 2003, c. 335, §5 (NEW); PL 2011, c. 657, Pt. W, §5, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).] B. "Statewide standards" means the performance standards for timber harvesting activities adopted pursuant to Title 12, section 8867‑B . [PL 2003, c. 335, §5 (NEW).] C. "Timber harvesting" has the same meaning as in Title 12, section 8868, subsection 4 . [PL 2021, c. 30, §7 (AMD).] D. "Timber harvesting activities" means the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. [PL 2003, c. 335, §5 (NEW).] [PL 2021, c. 30, §7 (AMD).]

2. Municipal acceptance of statewide standards. A municipality may choose to have the statewide standards apply to timber harvesting and timber harvesting activities in that municipality by authorizing the repeal of all provisions within the municipal shoreland zoning ordinance that regulate timber harvesting and timber harvesting activities in shoreland areas and notifying the director of the repeal. The authorization must specify a repeal date. When a municipality accepts the statewide standards in accordance with this subsection, the director shall administer and enforce the statewide standards within that municipality beginning on the effective date established under subsection 5 or the municipal repeal date specified in the notification received under this subsection. [PL 2011, c. 599, §10 (AMD).]

3. Municipal adoption of ordinance identical to statewide standards. A municipality may adopt an ordinance to regulate timber harvesting and timber harvesting activities that is identical to the statewide standards. A municipality that adopts an ordinance under this subsection may request the director to administer and enforce the ordinance or to participate in joint administration and enforcement of the ordinance with the municipality beginning on the effective date established under subsection 5 or within 60 days of the director's receiving a request. When a municipality requests joint responsibilities, the director and the municipality shall enter into an agreement that delineates the administrative and enforcement duties of each. To continue to receive administrative and enforcement assistance from the director under this subsection, a municipality must amend its ordinance as necessary to maintain identical provisions with the statewide standards. [PL 2011, c. 599, §10 (AMD).]

4. Municipal ordinances that are not identical to statewide standards. A municipal ordinance regulating timber harvesting and timber harvesting activities that is in effect and consistent with state laws and rules in effect on December 31, 2005 continues in effect unless action is taken in accordance with subsection 2 or 3 . A municipality that retains an ordinance with provisions that differ from the statewide standards shall administer and enforce that ordinance unless the municipality requests that the director administer and enforce the ordinance and the director agrees with the request after reviewing the ordinance. The director may not administer or enforce any ordinance that is more stringent than or significantly different from the requirements of section 438‑A . A municipality may not amend a municipal ordinance regulating timber harvesting and timber harvesting activities unless the process established in Title 12, section 8869, subsection 8 is followed. Beginning on the effective date established under subsection 5 , a municipality may not amend an ordinance regulating timber harvesting and timber harvesting activities in a manner that results in standards that are less stringent than or otherwise conflict with the statewide standards. [PL 2011, c. 599, §10 (AMD).]

5. Effective date for statewide standards. Except as provided in subsection 4 , rules adopted by the Commissioner of Conservation under Title 12, section 8867‑B apply statewide beginning on the first day of January of the 2nd year following the year in which the Commissioner of Agriculture, Conservation and Forestry determines that at least 252 of the 336 municipalities identified by the Commissioner of Agriculture, Conservation and Forestry as the municipalities with the highest acreage of timber harvesting activity on an annual basis for the period 1999-2003 have either accepted the statewide standards in accordance with subsection 2 or have adopted an ordinance identical to the statewide standards in accordance with subsection 3 . Within 30 days of making the determination that the 252-municipality threshold has been met, the Commissioner of Agriculture, Conservation and Forestry shall notify the Secretary of State in writing and advise the secretary of the effective date for the statewide standards. [PL 2005, c. 397, Pt. C, §23 (AMD); PL 2005, c. 397, Pt. C, §24 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]

6. Effective date for statewide standards in certain municipalities. Notwithstanding any provision in a local ordinance to the contrary, beginning January 1, 2013 rules adopted by the Commissioner of Conservation under Title 12, section 8867‑B apply in all municipalities that have either accepted the statewide standards in accordance with subsection 2 or have adopted an ordinance identical to the statewide standards in accordance with subsection 3 . [PL 2011, c. 599, §10 (NEW).]
38 M.R.S. § 565-A — ME Code / Title 38 / Chapter 3 / Section 565-A
38 §565-A. Authority to prohibit product delivery
Status: in_force

1. Order to cease deliveries. In addition to the enforcement actions allowed under sections 347‑A and 348 , the commissioner may, after providing an owner or operator of an underground oil storage tank with a notice of violation for failure to comply with a requirement of this subchapter and after providing a reasonable opportunity for correction of the violation, issue an administrative order requiring the owner or operator of the underground oil storage tank that is the subject of the violation to cease deliveries of oil to the tank and to cease operation of the tank and associated piping until the violation has been corrected. The commissioner shall issue an administrative order to cease deliveries to or operation of an underground oil storage tank subject to section 564 upon determining that: A. The tank is not equipped with the spill prevention, overfill protection, leak detection or corrosion protection measures required under section 564 and applicable department rules; [PL 2007, c. 534, §3 (NEW).] B. The tank is not being operated or maintained in compliance with section 564 and applicable department rules and the owner or operator has failed to gain compliance with the requirements within 30 days of being provided with a citation for or written notice of the violation; or [PL 2007, c. 534, §3 (NEW).] C. There is evidence of an ongoing release of product from the tank or facility at which the tank is located. [PL 2007, c. 534, §3 (NEW).] The commissioner may defer issuance of an administrative order to cease deliveries pursuant to this subsection if the commissioner determines that a delivery prohibition would jeopardize the availability of, or access to, oil in a remote area of the State. The deferral may not exceed 180 days. Notwithstanding the issuance of an administrative order under this subsection, the commissioner may authorize the owner or operator of the underground oil storage tank to dispense any remaining oil in the tank if, in the commissioner's judgment, doing so will not pose a threat of release of product or will reduce that threat. [PL 2007, c. 534, §3 (NEW).]

2. Service. Service of an administrative order under subsection 1 must be made by hand delivery by an authorized representative of the department or by certified mail, return receipt requested. The person to whom the order is directed shall comply immediately or within the time period specified in the order or may appeal the order as provided in subsection 3 . [PL 2007, c. 534, §3 (NEW).]

3. Appeal. An administrative order under subsection 1 may be appealed to the board by filing a written petition within 5 working days after receipt of the order. Within 15 working days after receipt of the petition, the board shall hold a hearing on the matter. All witnesses at the hearing must be sworn. Within 7 working days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the administrative order. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2007, c. 534, §3 (NEW).]

4. Identification of tanks subject to delivery prohibition. Whenever the commissioner issues an administrative order under subsection 1 , department staff shall affix a red tag to the fill pipe of the underground oil storage tank. The owner or operator may not allow the deposit of oil into the tank while a red tag is affixed to the fill pipe. As used in this section, "red tag" means a tag, device or mechanism devised by the department for use in signifying that an underground oil storage tank is ineligible for product delivery. The tag must be red in color and must bear words clearly conveying that it is unlawful to deposit oil into the tank. The tag must be made of plastic or other durable, damage-resistant material and must be designed to be easily affixed to the tank fill pipe. [PL 2007, c. 534, §3 (NEW).]

5. Prohibition. A person may not deposit oil into an underground oil storage tank that has a red tag affixed to the fill pipe or tamper with the tag except to remove it as authorized by the commissioner under subsection 6 . [PL 2007, c. 534, §3 (NEW).]

6. Return to service. A red tag affixed pursuant to this section may not be removed until an underground oil storage tank inspector or underground oil storage tank installer certifies in writing to the commissioner that the applicable violations have been corrected and the commissioner authorizes removal of the tag. The commissioner shall remove or authorize the removal of the tag as soon as practicable upon receipt of the certification. The commissioner may remove or authorize the removal of the tag absent confirmation that the violations have been corrected in emergency situations or when removal is determined to be in the best interest of the public. [PL 2007, c. 534, §3 (NEW).]
38 M.R.S. § 954-B — ME Code / Title 38 / Chapter 6 / Section 954-B
38 §954-B. Commission budget; financing and executive director
Status: in_force

The commission shall prepare a biennial budget and shall submit to the Legislature requests for appropriations sufficient to carry out its assigned tasks. The commission may accept contributions of any type from any source to assist it in carrying out its assigned tasks, and make such agreements in respect to the administration of such funds, not inconsistent with this chapter, as are required as conditions precedent to receiving such funds, federal or otherwise. The commission may contract with municipal, state and federal governments or their agencies to assist in the carrying out of any of its assigned tasks. The commission is authorized to employ an executive director who is the principal administrative, operational and executive employee of the commission. The executive director shall attend all meetings of the commission and be permitted to participate fully, but is not a voting member of the commission. The executive director, with the approval of the commission, may hire whatever competent professional personnel and other staff as may be necessary and may obtain office space, goods and services as required. [RR 2021, c. 2, Pt. B, §258 (COR).]
38 M.R.S. § 544 — ME Code / Title 38 / Chapter 3 / Section 544
38 §544. Powers and duties of the board
Status: in_force

The powers and duties conferred by this subchapter shall be exercised by the department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §109 (AMD).]

1. Jurisdiction. The rights, powers and duties conferred on the department and other persons under this subchapter extend to a distance of 12 miles from the coastline of the State. [PL 1993, c. 355, §8 (AMD).]

2. Licenses. Licenses required under this subchapter shall be secured from the department subject to such terms and conditions as are set forth in this subchapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §109 (AMD).]
38 M.R.S. § 1754 — ME Code / Title 38 / Chapter 17 / Section 1754
38 §1754. Guarantee by municipalities of district bonds and notes
Status: in_force

1. Guarantee of bonds and notes. Subject to approval by a vote of the inhabitants of the district, as provided in subsection 2 or 3 , the district board of directors may provide by resolution for the issuance, at one time or from time to time, of guaranteed notes and bonds of the district for any purpose for which the district may issue debt. Except as otherwise provided, notes and bonds issued by the district, in accordance with this section, must be authorized, issued and sold in the same manner as and subject to the other provisions of this subchapter relating to notes and bonds. The principal, premiums, if any, and interest on notes and bonds issued under this section must be guaranteed by the member municipalities of the district and the full faith and credit of the member municipalities must be pledged for the guarantee provided in this section. The share of liability of each member municipality for the guaranteed notes and bonds must be established in accordance with either the valuation method established under subsection 4, paragraph A or the per capita method established under subsection 4, paragraph B . [PL 1993, c. 11, §4 (AMD).]

2. Application of guarantee. The guarantee provided for under this section shall apply to notes and bonds of the district designated by the district board of directors under subsection 1 , if, at the time of district formation under section 1721 , the inhabitants of the proposed member municipalities of the district confer that authority upon the board of directors and establish a ceiling or limit on the aggregate amount of notes and bonds guaranteed by member municipalities which may be issued by the district under this section. The referendum ballot to form the district shall include a statement listing each member municipality's fractional share of liability for guaranteed notes and bonds which may be issued under this section. The articles to be voted upon shall be in substantially the following form: A. To see if the residents of the town (or city) of (name of town or city) will authorize the board of directors of (name of district or proposed district) to issue notes (or bonds) of the district which will be guaranteed in part by (name of municipality) and to which guarantee will be pledged the full faith and credit of (name of municipality). [PL 1983, c. 820, §2 (NEW).] B. To see if the residents of the town (or city) of (name of town or city) will establish a ceiling in the aggregate amount of $ on guaranteed notes (or bonds) which may be issued by (name of district or proposed district). [PL 1983, c. 820, §2 (NEW).] C. To see if the residents of the town (or city) of (name of town or city) will authorize the board of directors of (name of district or proposed district) to proportionally allocate liability for notes (or bonds) of the district based on the (most recent state valuation of property, or the most recent census of residents) of (name of town or city). [PL 1993, c. 11, §5 (NEW).] [PL 1993, c. 11, §5 (AMD).]

3. Authority to issue guaranteed notes and bonds; referendum. If the referendum vote establishing the district does not confer authority upon the board of directors to issue guaranteed notes and bonds, a subsequent referendum may be held in which these questions are submitted to the inhabitants of each municipality comprising the district for a vote. Where a vote is taken under this subsection after formation of the district, the votes shall be counted in each municipality and the affirmative vote of a simple majority of votes cast shall be required in each municipality in order for the article to pass. The referendum vote to form the district shall include a statement listing each member municipality's fractional share of liability for guaranteed notes and bonds which may be issued under this section. The articles to be voted upon shall be in substantially the same form as the articles under subsection 2 . [PL 1983, c. 820, §2 (NEW).]

4. Establishing share of liability among members. A district shall establish the share of liability of each member municipality for guaranteed notes and bonds issued under this section as either: A. A fraction, the numerator of which is the most recent state valuation of all property within the member municipality and the denominator of which is the most recent state valuation of all property located within the member municipalities of the district; or [PL 1993, c. 11, §6 (NEW).] B. A fraction, the numerator of which is the most recent census of all residents of the member municipality and the denominator of which is the most recent census of all residents of the member municipalities of the district. [PL 1993, c. 11, §6 (NEW).] The fractional method used to establish the share of liability for guaranteed notes and bonds must be the same for all of the district's member municipalities. [PL 1993, c. 11, §6 (NEW).]

5. Changes in method for sharing liability apply prospectively. The fractional share of liability among member municipalities in effect at the time a guaranteed note or bond is issued is the fractional share of liability in effect for the term of that note or bond. An article authorizing a district to issue guaranteed notes or bonds may be amended to change the method used by that district to allocate liability for bonds and notes only by submitting that question to the inhabitants of the district in the same manner as that prescribed in this section. If a change in the method used to allocate liability for bonds and notes is approved by the inhabitants of the district, the new method of allocation is effective only for notes or bonds issued after the date the change is approved by the inhabitants of the district. [RR 1993, c. 1, §135 (COR).]
38 M.R.S. § 1775 — ME Code / Title 38 / Chapter 18 / Section 1775
38 §1775. No limitation of municipal authority
Status: in_force

Nothing in this chapter changes or limits municipal authority to regulate collection of solid waste, including curbside collection of residential recyclable materials. [PL 2009, c. 516, §1 (NEW).]
38 M.R.S. § 552-A — ME Code / Title 38 / Chapter 3 / Section 552-A
38 §552-A. Detention of vessels
Status: in_force

Whenever there is probable cause to believe that a vessel has violated or been the means of a violation of this subchapter or any other law which the Department of Environmental Protection is responsible for administering or any rule or order of the board, commissioner or any official of the department made thereunder, the vessel must be detained in any port of the State until payment of any fine or penalty assessable under the law has been paid or secured to the satisfaction of the Attorney General. Any justice or judge of the Superior Court or the District Court may issue such orders as are necessary to carry out the purposes of this section. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §124 (AMD).]
38 M.R.S. § 2137 — ME Code / Title 38 / Chapter 24 / Section 2137
38 §2137. State Government recycling and waste reduction
Status: in_force

The Department of Administrative and Financial Services shall assess the status of recycling efforts undertaken directly by the State for its own solid waste and shall evaluate existing programs and develop necessary new programs for recycling to reduce the generation of solid waste by the State. [PL 1995, c. 656, Pt. A, §40 (AMD).]

1. Waste reduction and recycling plan. [PL 1995, c. 465, Pt. A, §55 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Capitol complex recycling program. [PL 1995, c. 465, Pt. A, §55 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

3. Recycling. Each state agency shall establish and implement a source separation and collection program for recyclable materials produced as a result of agency operations, including, at a minimum, high grade paper and corrugated paper. The source separation and collection program must include, at a minimum, procedures for collecting and storing recyclable materials, bins or containers for storing materials, and contractual and other arrangements with buyers. Each agency shall appoint a recycling coordinator for every 50 employees at a minimum and shall conduct educational programs for its employees on the recycling program. [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

4. Waste reduction. Each state agency shall establish and implement a waste reduction program for materials used in the course of agency operations. The program must be designed and implemented to achieve the maximum feasible reduction of waste generated as a result of agency operations. [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

5. University of Maine System. The following provisions apply to the University of Maine System. A. [PL 1995, c. 465, Pt. A, §55 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] B. Each campus of the University of Maine System shall establish and implement a source separation and collection program for recyclable materials, including at a minimum high grade paper, corrugated paper and glass. The source separation and collection program must include procedures for collecting and storing recyclable materials, bins or containers for storing materials and contractual and other arrangements with buyers. Each campus shall appoint a recycling coordinator and shall conduct educational programs for students and employees on the recycling program. [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] C. Each campus of the University of Maine System shall establish and implement a waste reduction program for materials used in the course of its operations. The program must be designed and implemented to achieve the maximum feasible reduction of waste. [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] D. Each campus of the University of Maine System shall establish a leaf composting program. [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] E. Each campus of the University of Maine System shall assess the status of its recycling efforts, evaluate existing programs and, within available resources, develop necessary new programs for recycling to reduce the generation of solid waste by the campus. [PL 1995, c. 465, Pt. A, §55 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] [PL 1995, c. 465, Pt. A, §55 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 590-F — ME Code / Title 38 / Chapter 4 / Section 590-F
38 §590-F. Safety precautions for children touring incinerator facilities
Status: in_force

A resource recovery facility burning municipal solid waste may not permit students who have not yet entered 7th grade to enter the facility for the purpose of touring the facility. Prior to allowing 7th grade, 8th grade and secondary school students of a public or private school to enter a resource recovery facility that burns municipal solid waste for the purpose of touring the facility: [PL 2003, c. 441, §1 (NEW).]

1. List of violations to superintendent or headmaster. The facility shall send to the office of the superintendent within the school administrative unit or to the headmaster of the private school a list of air quality violations issued to the facility by the federal Occupational Safety and Health Administration within the last 2 years; and [PL 2003, c. 441, §1 (NEW).]

2. List to parents. The office of the superintendent or the headmaster shall send the list of violations under subsection 1 to the parent or guardian of any participating student. [PL 2003, c. 441, §1 (NEW).]
38 M.R.S. § 957-D — ME Code / Title 38 / Chapter 6 / Section 957-D
38 §957-D. Omitted uses
Status: in_force

1. Omitted uses. Uses not specifically mentioned or covered by any general category in the enumeration of permitted and prohibited uses for each district shall be deemed prohibited unless allowed by special permit upon a showing by the applicant that the soils are suitable for the proposed use and that it will not unreasonably interfere with the use and enjoyment of their property by adjacent landowners or involve any significant: A. Degradation of air and water quality; [PL 1979, c. 459, §1 (NEW).] B. Harmful alteration of wetlands; [PL 1979, c. 459, §1 (NEW).] C. Increase in erosion or sedimentation; [PL 1979, c. 459, §1 (NEW).] D. Danger of increased flood damage; [PL 1979, c. 459, §1 (NEW).] E. Obstruction of flood flow; [PL 1979, c. 459, §1 (NEW).] F. Damage to fish and wildlife habitat; [PL 1979, c. 459, §1 (NEW).] G. Despoliation of the scenic, rural and open space character of the corridor; [PL 1979, c. 459, §1 (NEW).] H. Overcrowding; [PL 1979, c. 459, §1 (NEW).] I. Excessive noise; [PL 1979, c. 459, §1 (NEW).] J. Obstruction to navigation; or [PL 1979, c. 459, §1 (NEW).] K. Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

The burden of proof shall be upon the applicant to show entitlement to a permit under this section. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1305-B — ME Code / Title 38 / Chapter 13 / Section 1305-B
38 §1305-B. Municipal notice of decommissioning waste
Status: in_force

1. Disposal; notice. A person may not dispose of decommissioning waste or transfer decommissioning waste to a facility defined in section 1303‑C, subsection 30 or 31 in this State without giving notice to the municipality in which the decommissioning waste is to be disposed of. Notice must be given at least 5 working days before the first scheduled disposal. The notice must include: A. The type of decommissioning waste to be delivered to the facility; [PL 1999, c. 739, §2 (AMD).] B. The anticipated amount of decommissioning waste to be delivered to the facility; [PL 1999, c. 739, §2 (AMD).] C. The anticipated number of loads that will be delivered to the facility; and [PL 1999, c. 739, §2 (AMD).] D. The estimated delivery schedule of the decommissioning waste, including dates for delivery. [PL 1999, c. 366, §1 (NEW).] [PL 1999, c. 739, §2 (AMD).]

2. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Decommissioning waste" means any materials, whether solid or fluid, removed from a closed nuclear power plant, other than: (1) Licensed discharges from the plant; and (2) High-level radioactive waste and low-level radioactive waste regulated under chapter 14‑A . [PL 1999, c. 366, §1 (NEW).] B. "Dispose of" means to deposit or attempt to deposit in the land or waters of this State. [PL 1999, c. 366, §1 (NEW).] [PL 1999, c. 366, §1 (NEW).]
38 M.R.S. § 411-A — ME Code / Title 38 / Chapter 3 / Section 411-A
38 §411-A. State contribution to overboard discharge replacement projects
Status: in_force

1. General authority. Subject to the availability of funds under section 411 , the commissioner shall pay a portion of an alternative to an overboard discharge system as provided in this section. In the event the overboard discharge owner is not eligible for complete funding through a grant, the commissioner may loan the balance of the eligible alternative system costs not funded through a grant as provided in this section. A. Pursuant to the cost-share schedule in subsection 2‑A , the commissioner shall pay a portion of the expense of a technologically proven alternative system construction project that results in the elimination of an overboard discharge to the waters of the State when that elimination is required under section 414‑A, subsection 1‑B . The department may not provide grant funds to an overboard discharge owner for the removal of an overboard discharge at a residence unless the residence is the owner's primary residence. [PL 2009, c. 654, §1 (NEW).] B. If the overboard discharge owner is not eligible for complete funding through a grant, the overboard discharge owner may be eligible for funding provided by the revolving loan fund established by Title 30‑A, section 6006‑A as administered through the Maine Municipal Bond Bank or its designee for the expense of a technologically proven alternative system construction project that results in the elimination of an overboard discharge to the waters of the State when that elimination is required under section 414‑A, subsection 1‑B . [PL 2009, c. 654, §1 (NEW).] C. The costs eligible for payment through a grant or loan under this section include the costs that the department requires for abandonment of the overboard discharge and the design, engineering and construction costs of the replacement system. Grants or loans made under this section may be made directly to the owners of the overboard discharges and may also be made to sanitary and sewer districts that have agreed to establish operation and maintenance programs for holding tanks within their boundaries. [PL 2009, c. 654, §1 (NEW).] [PL 2009, c. 654, §1 (RPR).]

2. Cost-share. [PL 2003, c. 246, §3 (RP).]

2-A. Cost-share. The commissioner shall determine the portion of project expenses eligible for grants under this section as follows: A. For an owner of a residential or commercial overboard discharge with an annual income of 0% to 100% of state median household income, 100%; [PL 2025, c. 44, §8 (AMD).] B. For an owner of a residential or commercial overboard discharge with an annual income of 101% to 150% of state median household income, 90%; [PL 2025, c. 44, §8 (AMD).] C. For an owner of a residential or commercial overboard discharge with an annual income of 151% to 200% of state median household income, 50%; [PL 2025, c. 44, §8 (AMD).] D. [PL 2025, c. 44, §8 (RP).] E. For an owner of a residential or commercial overboard discharge with an annual income of 201% to 250% of state median household income, 25%; [PL 2025, c. 44, §8 (AMD).] E-1. For an owner of a residential or commercial overboard discharge with an annual income over 250% of state median household income, 0%; and [PL 2025, c. 44, §8 (AMD).] F. For a publicly owned overboard discharge facility, 50% to a maximum of 500% of state median household income. [PL 2025, c. 44, §8 (AMD).] For purposes of this subsection, annual income is determined separately for residential property owners and commercial establishments. For a residential property owner, including a trust, "annual income" means the sum of the taxable incomes of each owner of the property if it is jointly owned or of each beneficiary and grantor if the property owner is a trust for the previous year as listed on the relevant federal income tax returns for the previous year. For a commercial establishment, “annual income” means taxable income or ordinary business income for the previous year as listed on the relevant federal income tax return plus any depreciation or other noncash expense that was deducted to compute taxable or ordinary business income on that return. A rental property must be considered a commercial establishment or as contributing to annual income depending on how it is reported on the overboard discharge owner’s federal income tax return from the previous year. Median household income must be based on the most recent data from the State Economist or the United States Department of Commerce, Bureau of the Census, whichever is lower. [PL 2025, c. 44, §8 (AMD).]

3. Priority. The commissioner shall utilize grants made under this section to eliminate sources of contamination to shellfish harvesting areas and to eliminate public nuisance conditions. [PL 1989, c. 442, §1 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §25 (AMD).]

4. Reimbursement of actual or incurred costs. The commissioner shall utilize grants under this section to reimburse individuals for the actual or incurred cost of removing any overboard discharge, subject to the provisions of subsection 2‑A , when: A. The removal occurred after September 30, 1989 but was carried out according to plans and specifications approved by the commissioner in advance of construction and prior to the offering of a grant under this section; [PL 2003, c. 246, §5 (RPR).] B. The removal resulted in the elimination of sources of contamination to shellfish areas or public nuisance conditions; [PL 2025, c. 44, §9 (AMD).] C. The removal is required under section 413, subsection 3 or section 414‑A, subsection 1‑B ; and [PL 2025, c. 44, §9 (AMD).] D. The owner of the overboard discharge system and the overboard discharge removal contractor have certified that the overboard discharge removal project has been completed, including proper abandonment of the overboard discharge system in accordance with the rules adopted by the department governing the licensing and abandonment of overboard discharge systems and the local plumbing inspector has certified that an alternative disposal system has been installed in conformance with the rules adopted by the Department of Health and Human Services governing subsurface wastewater disposal. [PL 2025, c. 44, §9 (NEW).] [PL 2025, c. 44, §9 (AMD).]
38 M.R.S. § 45 — ME Code / Title 38 / Chapter 1 / Section 45
38 §45. Fees
Status: in_force

Port wardens shall be allowed fees to be paid by the person requesting their services, as follows: For survey of hatches, $2; for each survey of cargo on shipboard, $1; for certificate of stowage of cargo, $2; for each subsequent certificate, $1; for each survey to ascertain extent of damage, $2; for each certificate thereof, $2; for each survey required by section 43 , $4; for each certificate thereof, $2; on each survey as required by section 44 for each person, $2; for each certificate thereof, $2.
38 M.R.S. § 344-A — ME Code / Title 38 / Chapter 2 / Section 344-A
38 §344-A. Outside review of applications
Status: in_force

The commissioner may enter into agreements with individuals, partnerships, firms and corporations outside the department, referred to throughout this section as "outside reviewers," to review applications or portions of applications submitted to the department. The commissioner has sole authority to determine the applications or portions of applications to be reviewed by outside reviewers and to determine which outside reviewer is to perform the review. When selecting an outside reviewer, all other factors being equal, the commissioner shall give preference to an outside reviewer who is a public or quasi-public entity, such as state agencies, the University of Maine System or the soil and water conservation districts. Except for an agreement for outside review regarding review of an application for a wind energy development as defined in Title 35‑A, section 3451, subsection 11 , a certification pursuant to Title 35‑A, section 3456 , an application for an offshore wind power project as defined in section 480‑B, subsection 6‑A or a general permit pursuant to section 480‑HH or section 636‑A or an application for a hydropower project, as defined in section 632, subsection 3 , that uses tidal action as a source of electrical or mechanical power, the commissioner may enter into an agreement with an outside reviewer only with the consent of the applicant and only if the applicant agrees in writing to pay all costs associated with the outside review. [PL 2009, c. 615, Pt. E, §4 (AMD).]

1. Standards for outside review. Prior to entering into an agreement with an outside reviewer, the commissioner must determine that: A. The agreement protects the public interest and the interest of the applicant; [PL 1991, c. 471 (NEW).] B. The agreement ensures a fair, consistent and adequate review of the application; [PL 1991, c. 471 (NEW).] C. The agreement provides the public with the same opportunity to comment on the application as would be provided if the application were reviewed by the department; [PL 1991, c. 471 (NEW).] D. The outside reviewer meets the minimum qualification standards established by the commissioner; and [PL 1991, c. 471 (NEW).] E. The application can not be reviewed by existing departmental personnel in a reasonable period of time. [PL 1991, c. 471 (NEW).] [PL 1991, c. 471 (NEW).]

2. Qualifications. The commissioner shall establish qualification standards for outside reviewers and shall develop a list of qualified outside reviewers. Standards established by the commissioner must include initial qualification standards and standards ensuring that outside reviewers continue to maintain a high level of scientific and regulatory expertise in one or more relevant areas of knowledge. [PL 1991, c. 471 (NEW).]

3. Conflict of interest. An outside reviewer may not review any portion of an application submitted by an applicant who directly or indirectly employed the reviewer in any capacity at any time during the 12-month period immediately preceding the submission of the application. An outside reviewer must sign a written agreement with the commissioner not to be employed, directly or indirectly, by any applicant whose application was reviewed by that reviewer for at least 12 months from the date the review of the application is complete. [PL 1991, c. 471 (NEW).]

4. Penalty. Notwithstanding section 349 , any person who knowingly violates subsection 3 is guilty of a Class D crime. Notwithstanding Title 17‑A, section 4‑A, section 1704, subsection 4 and section 1705, subsection 5 , the fine for each violation may not be less than $5,000 nor more than $25,000. [PL 2019, c. 113, Pt. C, §114 (AMD).]

5. Repeal. [PL 1993, c. 356, §2 (RP).]
38 M.R.S. § 1370 — ME Code / Title 38 / Chapter 13-B / Section 1370
38 §1370. Property forfeited
Status: in_force

The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319‑U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 (AMD).]

1. Real estate. All real estate, structures, appurtenances, improvements, equipment, machinery, containers, tanks, conveyances, products, materials and supplies used directly or intended to be used directly in violation of any provision of this chapter; and [PL 1983, c. 569, §1 (NEW).]

2. Moneys. All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in any transaction, and all proceeds traceable to such a transaction, intended to be used directly in violation of any provision of this chapter. [PL 1983, c. 569, §1 (NEW).]
38 M.R.S. § 490-J — ME Code / Title 38 / Chapter 3 / Section 490-J
38 §490-J. Fees
Status: in_force

The owner or operator of an excavation being operated under this article must pay the regulator: [PL 1995, c. 700, §31 (AMD).]

1. Initial fee. A fee of $250 upon filing a notice of intent to comply under section 484‑A or 490‑C ; [PL 1993, c. 350, §5 (NEW).]

2. Annual fee. By March 1st of each year, an annual fee of: A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and [PL 2005, c. 158, §7 (AMD).] B. One hundred dollars, for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year; [PL 2005, c. 158, §7 (AMD).] [PL 2005, c. 158, §7 (AMD).]

3. Variance fee. A fee of $250 for each variance requested under section 490‑E , except for the following: A. A fee of $500 for a variance to excavate below the seasonal high water table; [PL 1995, c. 700, §31 (NEW).] B. A fee of $500 for a variance to create an externally drained pit; and [PL 1995, c. 700, §31 (NEW).] C. A fee of $125 for a variance to waive the topsoil salvage requirement; and [PL 1995, c. 700, §31 (NEW).] [PL 1995, c. 700, §31 (AMD).]

4. Notice of intent to expand. A fee of $250 upon filing a notice of intent to expand under section 490‑F . [PL 1993, c. 350, §5 (NEW).]

Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350. [PL 1995, c. 700, §31 (AMD).]

Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination. [PL 1995, c. 700, §31 (NEW).]

All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C . [PL 2003, c. 673, Pt. GG, §2 (NEW).]
38 M.R.S. § 2205 — ME Code / Title 38 / Chapter 24 / Section 2205
38 §2205. Fee payments
Status: in_force

Each operator of a solid waste disposal facility shall make the fee payment quarterly. The fee must be paid to the department on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

1. Quarterly reports. Each fee payment must be accompanied by a form prepared and furnished by the department and completed by the operator. The form must state the total weight or volume of solid waste disposed of at the facility during the payment period and provide any other aggregate information determined necessary by the department to carry out the purposes of this chapter. The form must be signed by the operator. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Timeliness of payment. The operator is deemed to have made a timely payment of the fee if the operator complies with all of the following: A. The enclosed payment is for the full amount owed pursuant to this section and no further department action is required for collection; [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] B. The payment is accompanied by the required form and the form is complete and accurate; and [PL 1989, c. 585, Pt. A, §7 (NEW).] C. The letter transmitting the payment that is received by the department is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received, unless an alternative date is agreed upon in writing by the operator and the department. [PL 1999, c. 385, §9 (AMD).] [PL 1999, c. 385, §9 (AMD).]

3. Discount. Any operator that makes a timely payment of the fee as provided in this section is entitled to apply against the fee payable a discount of 1% of the amount of the fee collected. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

4. Refunds. Any operator who believes the fee was overpaid by the operator may file a petition for refund to the department. If the department determines that the operator has overpaid the fee, the department shall refund to the operator the amount due the operator, together with interest at a rate established by the department. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

5. Alternative proof of payment. For purposes of this section, presentation of a receipt indicating that the payment was mailed by registered or certified mail on or before the due date is evidence of timely payment. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

6. Interest. If an operator fails to make a timely payment of the fee, the operator shall pay interest on the unpaid amount due at the rate established by the department from the last day for timely payment to the date paid. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

7. Additional penalty. In addition to the interest provided in subsection 6 , if an operator fails to make timely payment of the fee, 5% of the amount of the fee must be added to the amount actually due if the failure to file a timely payment is for not more than one month, with an additional 5% for each additional month, or fraction of a month, during which the failure continues, not exceeding 25% in the aggregate. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

8. Assessment notice. If the department determines that any operator has not made a timely payment of the fee, the department shall send the operator a written notice of the amount of the deficiency, within 30 days of determining the deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of waste received at the facility for the payment period, the department may estimate the weight or volume in the notice. The operator charged with the deficiency has 30 days to pay the deficiency in full or, if the operator wishes to contest the deficiency, forward the amount of the deficiency to the department for placement in an escrow account with the Treasurer of State or any bank in the State, or post an appeal bond in the amount of the deficiency. The bond must be executed by a surety licensed to do business in the State and be satisfactory to the department. Failure to forward the money or appeal bond to the department within 30 days results in a waiver of all legal rights to contest the deficiency. If, through the administrative or judicial review of the deficiency, it is determined that the amount of deficiency must be reduced, the department shall within 30 days remit the appropriate amount to the operator, with any interest accumulated by the escrow deposit. The amount determined after administrative hearing or after waiver of administrative hearing is payable to the department and is collectible. If any amount due under this subsection remains unpaid 30 days after receipt of notice of the deficiency, the department may order the operator of the facility to cease receiving any solid waste until the amount of the deficiency is completely paid. [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

9. Filing of appeals. Notwithstanding any other provision of law, all appeals of final department actions concerning the fee must be filed with the department pursuant to section 2206 . [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 2147 — ME Code / Title 38 / Chapter 24 / Section 2147
38 §2147. Food waste management; diversion
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Designated food waste generator" means a person that: (1) Beginning July 1, 2030 and until June 30, 2032, generates at a single location an annual average of 2 or more tons per week of food waste and is located within 20 miles of an organics recycler with available capacity to accept the food waste generated by the person at the location; (2) Beginning July 1, 2032, generates at a single location an annual average of one or more tons per week of food waste and is located within 25 miles of an organics recycler with available capacity to accept the food waste generated by the person at the location; and (3) Not earlier than July 1, 2035 and subject to the adoption of rules by the department pursuant to subsection 5, paragraph B , generates at a single location the annual average per week of food waste specified by the department by rule subsection 5, paragraph B and is located within the distance specified by the department by rule pursuant to subsection 5, paragraph B from an organics recycler with available capacity to accept the food waste generated by the person at the location. [PL 2025, c. 419, §4 (NEW).] B. "Organics recycler" means an agricultural operation, composting facility, anaerobic digestion facility or any other facility that diverts food waste from incineration or land disposal. [PL 2025, c. 419, §4 (NEW).] C. "Single location" means contiguous property under common ownership, which may include one or more buildings. [PL 2025, c. 419, §4 (NEW).] [PL 2025, c. 419, §4 (NEW).]

2. Designated food waste generators; prohibition. Beginning July 1, 2030, a designated food waste generator may not dispose of or facilitate the disposal of its generated food waste at an incineration facility or solid waste landfill and shall: A. To the maximum extent practicable, reduce the volume of the food waste it generates; [PL 2025, c. 419, §4 (NEW).] B. To the maximum extent practicable, separate excess edible food from other food waste and arrange for the donation of the excess edible food to a food rescue organization; and [PL 2025, c. 419, §4 (NEW).] C. Except as otherwise specified in this paragraph, separate food waste from other types of waste at the point of generation and transfer or facilitate the transfer of the food waste to an organics recycler for management in accordance with the following order of priorities: (1) Agricultural use, including consumption by animals; (2) Composting or anaerobic digestion, which may include energy recovery, and subsequent soil application; and (3) Anaerobic digestion not followed by soil application. A designated food waste generator may manage the food waste it generates at the point of generation or at a different location through agricultural use, composting or anaerobic digestion as long as the management of the food waste is consistent with the priorities in section 2101‑B, subsection 1 . A designated food waste generator may commingle food waste with other types of waste at the point of generation if the commingled waste is to be managed by an organics recycler that can process such commingled waste. [PL 2025, c. 419, §4 (NEW).] [PL 2025, c. 419, §4 (NEW).]

3. Temporary hardship waiver. A designated food waste generator may petition the department for and the department may approve a temporary waiver from some or all of the requirements of this section if the designated food waste generator demonstrates to the department's satisfaction that compliance with the requirements of this section by the designated food waste generator would cause or is causing undue hardship based on specific factors determined by the department by rule. A temporary waiver issued by the department pursuant to this subsection may be effective for a period not to exceed 3 years. [PL 2025, c. 419, §4 (NEW).]

4. Designated food waste generators; reporting. Except as otherwise provided pursuant to subsection 5, paragraph B, beginning March 1, 2031, and annually thereafter, a designated food waste generator shall submit to the department a report, in a format specified by the department, that includes the following information: A. The amount, in tons, of excess edible food donated by the designated food waste generator to food rescue organizations during the prior calendar year; [PL 2025, c. 419, §4 (NEW).] B. The amount, in tons, of food waste transferred by the designated food waste generator to organics recyclers during the prior calendar year; and [PL 2025, c. 419, §4 (NEW).] C. Any other information required by the department. [PL 2025, c. 419, §4 (NEW).] [PL 2025, c. 419, §4 (NEW).]

5. Administration; rules; publication of information. The department shall administer the requirements of this section and shall adopt rules as necessary for the implementation, administration and enforcement of this section. A. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A and must include, at a minimum: (1) Provisions setting forth the methodology by which the department will determine the persons that qualify as designated food waste generators under this section; and (2) Requirements for the temporary hardship waiver process under subsection 3 . [PL 2025, c. 419, §4 (NEW).] B. Not earlier than July 1, 2035, the department may adopt rules providing that a designated food waste generator under subsection 1, paragraph A , subparagraph (3) includes a person that generates at a single location an annual average of less than one ton but greater than 100 pounds per week of food waste or that is located farther than 25 miles from an organics recycler with available capacity to accept the food waste generated by the person at the location. If the department adopts rules pursuant to this paragraph, the department may by rule exempt from otherwise applicable reporting requirements of subsection 4 any designated food waste generator that generates at a single location an annual average of less than one ton but greater than 100 pounds per week of food waste. [PL 2025, c. 419, §4 (NEW).] C. By July 1, 2029, the department shall publish on its publicly accessible website and maintain and regularly update a list of all organics recyclers in the State known by the department to be authorized to accept food waste and all food rescue organizations in the State known by the department to accept excess edible food. [PL 2025, c. 419, §4 (NEW).] [PL 2025, c. 419, §4 (NEW).]
38 M.R.S. § 584 — ME Code / Title 38 / Chapter 4 / Section 584
38 §584. Establishment of ambient air quality standards
Status: in_force

The board may recommend to the Legislature reasonable standards, in this chapter called "ambient air quality standards," within a reasonable air quality region regulating and limiting the amount and types of air contaminants which may exist in the ambient air of the region. The standards shall be designed to preserve or enhance the quality of ambient air within the region and to prevent air pollution. The board shall determine by rule the extent to which those standards apply within those areas to which the public does not have general access. [PL 1989, c. 144, §1 (AMD).]

Prior to recommending ambient air quality standards, the board shall offer an opportunity for a public hearing and shall give public notice of its intent to recommend standards for the region in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 144, §1 (AMD).]

The board shall solicit and consider all available information concerning the existing quality of the ambient air within the region; the recreational, industrial and residential uses of land within the region; the effects of existing air contaminants and air pollution upon the uses; the availability and effectiveness of air pollution control apparatus designed to control and reduce the existing air contaminants and air pollution; the expense of purchasing and installing the same, and such other evidence as in the board's judgment will enable it to recommend to the Legislature standards necessary to prevent air pollution within the region. [PL 1989, c. 144, §1 (AMD).]
38 M.R.S. § 1068 — ME Code / Title 38 / Chapter 11 / Section 1068
38 §1068. Lease of property by sanitary district
Status: in_force

Nothing in this chapter is intended to limit the authority of a sanitary district to enter into a lease and leaseback transaction with respect to some or all of its real or personal property, other than land, and to take all other action necessary or desirable, including, but not limited to, the granting of mortgages and liens, to effectuate the transaction. For purposes of this section, "lease" includes a lease of any length, including leases that may be defined as sales for income tax purposes. [PL 2003, c. 267, §2 (NEW).]
38 M.R.S. § 1039 — ME Code / Title 38 / Chapter 10 / Section 1039
38 §1039. Powers
Status: in_force

Except as otherwise provided by law, for the purposes of its incorporation, a standard district may locate, construct and maintain pipes, drains, sewers, conduits, treatment plants, pumping stations and other necessary structures and equipment for the collection, interception and treatment of sewerage, commercial and industrial waste and storm and surface water for the health, welfare, comfort and convenience of the inhabitants of the standard district. [PL 2013, c. 555, §6 (NEW).]

All incidental powers, rights and privileges necessary to accomplish the objectives of this chapter are granted to a standard district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1362 — ME Code / Title 38 / Chapter 13-B / Section 1362
38 §1362. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 569, §1 (NEW).]

1. Hazardous substance. "Hazardous substance" means: A. Any substance identified by the department under section 1319‑O ; [PL 2019, c. 315, §13 (AMD).] B. Any substance identified by the board under section 1319 ; [PL 1983, c. 569, §1 (NEW).] C. Any substance designated pursuant to the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510, Sections 101 and 102 (Superfund); [RR 2021, c. 1, Pt. A, §52 (COR).] D. Any toxic pollutant listed under the United States Federal Water Pollution Control Act, Section 307(a); [PL 1983, c. 569, §1 (NEW).] E. Any hazardous air pollutant listed under the United States Clean Air Act, Section 112; [PL 1985, c. 746, §32 (AMD).] F. Any imminently hazardous chemical substance or mixture with respect to which the Administrator of the United States Environmental Protection Agency has taken action pursuant to the United States Toxic Substances Control Act, Section 7; [PL 2021, c. 117, §1 (AMD).] G. Waste oil as defined in section 1303‑C ; and [PL 2021, c. 117, §2 (AMD).] H. Any substance defined as a hazardous substance or a pollutant or contaminant under the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 United States Code, Section 9601. [PL 2021, c. 117, §3 (NEW).] [RR 2021, c. 1, Pt. A, §52 (COR).]

1-A. Federal banking or lending agency. "Federal banking or lending agency" means the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Board of Governors of the Federal Reserve System, a federal reserve bank, a federal home loan bank, the United States Comptroller of the Currency, the Office of Thrift Supervision, the National Credit Union Administration, the Farm Credit Administration, the Farm Credit System Insurance Corporation, the Small Business Administration, the Farmers' Home Administration, the Rural Electrification Administration or the RECOLL Management Corporation. [PL 1991, c. 811, §1 (NEW); PL 1991, c. 811, §7 (AFF).]

1-B. Lender. "Lender" means any person, as defined by Title 9‑B, section 131, subsection 30 , including a successor or assignee of that person, that makes a bona fide extension of credit to or takes or acquires a security interest from a nonaffiliated person; a financial institution or credit union authorized to do business in this State, as defined in Title 9‑B, section 131, subsections 12‑A and 17‑A ; a financial institution that is acting through a service corporation as defined in Title 9‑B, section 131, subsection 37 ; or any federal or state banking or lending agency that provides loans, guarantees or other financial assistance. For the purpose of this subsection, the phrase "acting through" includes the assignment or transfer of an interest in real property acquired in satisfaction of a debt. [PL 1999, c. 289, §1 (AMD).]

1-C. Political subdivision. "Political subdivision" means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30‑A, chapter 115 or 119 , or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district. [PL 1991, c. 811, §1 (NEW); PL 1991, c. 811, §7 (AFF).]

1-D. Fiduciary. "Fiduciary" means a person who is: A. Acting in any of the following capacities: a personal representative as defined in Title 18‑C, section 1‑201 ; a voluntary executor or administrator; a guardian; a conservator; a trustee under a will or intervivos instrument creating a trust of a donative type associated with probate practice where the trustee takes title to, otherwise controls or manages, property for the purpose of protecting or conserving that property; a trustee pursuant to an indenture agreement or similar financing agreement; a court-appointed receiver; a trustee appointed in proceedings under federal bankruptcy laws; and an assignee or trustee acting under an assignment made for the benefit of creditors; and [PL 2017, c. 402, Pt. C, §108 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Holding legal title to, controlling or managing, directly or indirectly, any site as a fiduciary for purposes of administering an estate or trust of which the site is a part. [PL 1993, c. 355, §59 (NEW).] "Fiduciary" does not include the real or personal property held by an estate or trust administered by a fiduciary. [PL 2017, c. 402, Pt. C, §108 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

1-E. Site. "Site" means a licensed or unlicensed area or location where hazardous substances are handled or were handled or otherwise came to be located. "Site" includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. [PL 1993, c. 355, §59 (NEW).]

2. Responsible party. "Responsible party" means any one or more of the following persons: A. The owner or operator of the uncontrolled site; [PL 1983, c. 569, §1 (NEW).] B. Any person who owned or operated the uncontrolled site from the time any hazardous substance arrived there; [PL 1983, c. 569, §1 (NEW).] C. Any person who arranged for the transport or handling of a hazardous substance, provided that the substance arrived at the uncontrolled site; and [PL 1983, c. 569, §1 (NEW).] D. A person who accepted a hazardous substance for transport, if substance arrived at the uncontrolled site. After April 1, 1992, a person who accepts a hazardous substance for transport and delivers that substance to a licensed hazardous waste storage, treatment or disposal facility according to the manifest signed by the generator is not a responsible party. [PL 1993, c. 732, Pt. A, §10 (AMD).] [PL 1993, c. 732, Pt. A, §10 (AMD).]

2-A. State banking or lending agency. "State banking or lending agency" means any state agency that provides loans, guarantees or other financial assistance, including the Finance Authority of Maine, the Department of Economic and Community Development and the Maine State Housing Authority. [PL 1991, c. 811, §3 (NEW); PL 1991, c. 811, §7 (AFF).]

3. Uncontrolled hazardous substance site. "Uncontrolled hazardous substance site" or "uncontrolled site" means an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner that the site poses a threat or hazard to the health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate that threat or hazard. The term includes all contiguous land under the same ownership or control and includes without limitation all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. [PL 1983, c. 569, §1 (NEW).]
38 M.R.S. § 161 — ME Code / Title 38 / Chapter 1 / Section 161
38 §161. Liability to freighters
Status: in_force

A ship owner is not answerable beyond the amount of the ship owner's interest in the vessel and freight for the embezzlement, loss or destruction, by the master and mariners, of any property put on board of such vessel, or for any act of theirs without the ship owner's privity or knowledge. If several owners of property on the same voyage suffer such damage and the whole vessel and its freight for the voyage are not sufficient to compensate each of them, they must be compensated by the owner of the vessel in proportion to their respective losses, and for that purpose, they or the owner of the vessel, or any of them, may file a complaint for discovery and payment of the sum, for which such owner is liable to the parties entitled thereto. [RR 2021, c. 2, Pt. B, §232 (COR).]
38 M.R.S. § 1301 — ME Code / Title 38 / Chapter 13 / Section 1301
38 §1301. Short title
Status: in_force

This chapter shall be known and may be cited as the "Maine Hazardous Waste, Septage and Solid Waste Management Act." [PL 1979, c. 383, §1 (AMD).]
38 M.R.S. § 410-N — ME Code / Title 38 / Chapter 3 / Section 410-N
38 §410-N. Aquatic nuisance species control
Status: in_force

1. Definitions. As used in this section and section 419‑C , unless the context otherwise indicates, the following terms have the following meanings. A. "Aquatic plant" means a plant species that requires a permanently flooded freshwater habitat. [PL 2011, c. 47, §2 (AMD).] B. "Invasive aquatic plant" means a species identified by the department as an invasive aquatic plant or one of the following species: (1) All Myriophyllum species nonindigenous to the State, including but not limited to variable-leaf water-milfoil, Myriophyllum heterophyllum; Eurasian water-milfoil, Myriophyllum spicatum; and parrot feather, Myriophyllum aquaticum; (4) All Trapa species, including but not limited to water chestnut, Trapa natans; (5) Hydrilla, Hydrilla verticillata; (6) All Cabomba species, including but not limited to fanwort, Cabomba caroliniana; (7) Curly pondweed, Potamogeton crispus; (8) European naiad, Najas minor; (9) Brazilian elodea, Egeria densa; (10) Frogbit, Hydrocharis morsus-ranae; (11) Yellow floating heart, Nymphoides peltata; (12) Water soldier, Stratiotes aloides; (13) Giant salvinia, Salvinia molesta; (14) Swollen bladderwort, Utricularia inflata; and (15) Starry stonewort, Nitellopsis obtusa. [PL 2023, c. 5, §1 (AMD).] [PL 2023, c. 5, §1 (AMD).]

2. Education. The department shall prepare educational materials that inform the public about problems associated with invasive aquatic plants, how to identify invasive aquatic plants, why it is important to prevent the transportation of aquatic plants and the prohibitions relating to aquatic plants contained in section 419‑C . The department shall make the materials available to municipalities, lake associations, water quality monitors, law enforcement agents, businesses that sell aquatic plants in the State and other interested individuals. A. The department shall provide signs for installation at all state boat launch facilities on fresh waters informing the public about the prohibition of aquatic plant transportation on boats and trailers and may provide these signs, as available funds allow, for installation at other boat launch sites including municipal boat launch facilities, campground boat launch facilities and other commonly used launch sites. [PL 1999, c. 722, §1 (NEW).] B. The department shall work with the Department of Transportation and the Maine Turnpike Authority to provide signs and educational materials on all major roads at the State's borders advising incoming boat owners that state law requires all boats and trailers to be free of aquatic plant material. [PL 1999, c. 722, §1 (NEW).] [PL 1999, c. 722, §1 (NEW).]

3. Control. The department shall investigate and document the occurrence of invasive aquatic plants in state waters and may undertake activities to control invasive aquatic plant populations as follows. A. The department or a person designated by the department may attempt eradication of an invasive aquatic plant from a water body if determined feasible by the department. If the commissioner determines that eradication activities must be undertaken immediately, a license is not required under section 480‑C for the use of a physical, chemical or biological control material by the department or a person designated by the department if the use of the control material is specifically related to the immediate eradication of invasive aquatic plant populations in the water body. Prior to undertaking an eradication activity and to the extent practical, the department shall notify landowners whose property is adjacent to the area where the activity will be undertaken. [PL 2001, c. 232, §8 (AMD).] B. The department may conduct research to test new control methods for the eradication of invasive aquatic plants pursuant to section 362‑A . [PL 1999, c. 722, §1 (NEW).] C. The department may study and develop a plan that includes the use of water level drawdown for the eradication of invasive aquatic plants. If determined feasible by the department, the department may implement a plan developed pursuant to this paragraph. The department may seek funding from private sources to support the activities described in this paragraph. [PL 2003, c. 136, §1 (NEW).] [PL 2003, c. 136, §1 (AMD).]
38 M.R.S. § 283 — ME Code / Title 38 / Chapter 1 / Section 283
38 §283. Operating recklessly
Status: in_force

Whoever operates any watercraft, vessel, water skis, surfboard, similar device or motorboat, however propelled, upon the tidewaters of any municipality or upon any of the offshore waters within the jurisdiction of this State recklessly shall be guilty of a Class E crime. [PL 1977, c. 696, §338 (RPR).]
38 M.R.S. § 563-B — ME Code / Title 38 / Chapter 3 / Section 563-B
38 §563-B. Regulatory powers of department
Status: in_force

In addition to the rule-making authorities otherwise set forth in this subchapter, the department may adopt rules related to the following matters: [PL 2017, c. 333, §1 (AMD).]

1. Investigation and removal. Procedures, methods, means and equipment to be used in the investigation of discharges and the removal of oil and petroleum pollutants. The rules: A. Must allow the facility from which a prohibited discharge has occurred to return to service while corrective action is taken unless the commissioner determines that a return to service would result in a threat to public health and safety; [PL 1991, c. 763, §2 (NEW).] B. Upon abandonment or replacement of an underground tank or facility, must require site assessment to be conducted or supervised by a state-licensed geologist or registered professional engineer only when that tank or facility is located in a sensitive geologic area; and [PL 2019, c. 285, §17 (AMD).] C. May not require site assessments for a farm or residential tank of 1,100 gallons or less capacity used for storing motor fuel for the sole use of the owner or operator of the facility; [PL 1991, c. 763, §2 (NEW).] [PL 2019, c. 285, §17 (AMD).]

2. Inventory reconciliation; precision testing; leak detection methods. Procedures and methods to be used in conducting statistical inventory reconciliation, underground oil storage facility precision testing and other leak detection methods. The rules must allow owners or operators of facilities undergoing routine monitoring in the absence of any other evidence of a leak: A. To check the accuracy of complete statistical inventory data within 30 days of receipt by the commissioner of the initial statistical reconciliation by rerunning reconciliations before inconclusive reports are considered to be a failure of the tank or piping; [PL 2017, c. 333, §2 (AMD).] B. To check for failures in any mechanical and electronic monitoring devices within 3 working days of an indication of failure before it is considered a failure of the tank or piping; [PL 1991, c. 763, §3 (NEW).] C. To engage in procedures under paragraphs A and B before requiring the precision testing of facility components; and [PL 1991, c. 763, §3 (NEW).] D. To check the accuracy of a failed or inconclusive precision test of facility components before the commissioner may order the excavation of the facility or any portion of the facility. An owner or operator is allowed 2 weeks to schedule a repeat of the precision test; [PL 1991, c. 763, §3 (NEW).] [PL 2017, c. 333, §2 (AMD).]

3. Hearings. Hearings related to clean-up orders issued pursuant to section 568 ; and [PL 1987, c. 491, §10 (NEW).]

4. Third-party damage claims. Procedures to be used in filing and processing of 3rd-party damage claims. [PL 1987, c. 491, §10 (NEW).]
38 M.R.S. § 1455 — ME Code / Title 38 / Chapter 14-A / Section 1455
38 §1455. Nuclear facility decommissioning cleanup
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Average member of the critical group" means a member of the critical group who is subjected to the most likely exposure situation based on prudently conservative exposure assumptions and parameter values within the model calculations. [PL 1999, c. 739, §3 (NEW).] B. "Critical group" means the group of individuals reasonably expected to receive the greatest exposure to residual radioactivity for any applicable set of circumstances. [PL 1999, c. 739, §3 (NEW).] C. "Nuclear facility owner" means the owner of a nuclear power plant or decommissioned nuclear power plant in the State. [PL 1999, c. 739, §3 (NEW).] D. "Total effective dose equivalent" has the same meaning as in 10 Code of Federal Regulations, Section 20.1003, as in effect on January 1, 2000. [PL 1999, c. 739, §3 (NEW).] [PL 1999, c. 739, §3 (NEW).]

2. Radiation dose standard. The site at which the decommissioning of a nuclear power plant has been completed must meet the following standards, as determined by the department: A. The residual radioactivity distinguishable from background radiation results in a total effective dose equivalent to an average member of the critical group of not more than 10 millirems, or 0.10 millisievert, per year, including that from groundwater sources of drinking water; and [PL 1999, c. 739, §3 (NEW).] B. The residual radioactivity distinguishable from background radiation in groundwater sources of drinking water results in a total effective dose equivalent of not more than 4 millirems, or 0.04 millisievert, per year to the average member of the critical group. [PL 1999, c. 739, §3 (NEW).] A nuclear facility owner shall demonstrate compliance with this subsection using actual measurements and the analytic methodology approved by the United States Nuclear Regulatory Commission and supplemented by modeling the effects of engineering controls that have been designed to reduce exposure. In order to determine compliance with this subsection, the department may require appropriate testing and analysis, including, but not limited to, analysis of the effectiveness and integrity of engineering controls. [PL 1999, c. 739, §3 (NEW).]

3. Cumulative risk assessment. The department shall evaluate the cumulative risk posed by radiological and chemical contaminants that will remain at the site at which the decommissioning of a nuclear power plant is occurring or has been completed. In undertaking its evaluation, the department shall consider any proposed institutional and engineering controls. [PL 1999, c. 739, §3 (NEW).]

4. Compliance with applicable law; assessment of compliance. A nuclear facility owner must obtain and be in compliance with all licenses, permits and approvals required under this Title, including, but not limited to, those required under chapter 3, subchapter 1, article 6 and chapter 13 for the site at which the decommissioning of a nuclear power plant is occurring or has been completed. In addition to its existing authority to require monitoring wells and other measures for nonradiological environmental issues under chapters 3 , 13 , 13‑B and other applicable laws, the department may require radiological monitoring, use of monitoring wells, use of liners, soil sampling and other measures at the site to allow the department to assess and ensure compliance with applicable requirements of this Title, including, but not limited to, subsection 2 , and the terms of any licenses and permits issued pursuant to this Title with respect to the site. [RR 2015, c. 2, §30 (COR).]

5. Provision of information. As part of any permit application by a nuclear facility owner or site investigation by the department pursuant to this Title, the nuclear facility owner shall provide to the department information necessary for the department to establish compliance with the provisions of this section or other applicable laws. [PL 1999, c. 739, §3 (NEW).]
38 M.R.S. § 341-H — ME Code / Title 38 / Chapter 2 / Section 341-H
38 §341-H. Departmental rulemaking
Status: in_force

Subject to Title 5, chapter 375, subchapter 2‑A , the board may adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering as provided in this section. The board shall also adopt, amend and repeal rules as necessary for the conduct of the department's business, including the processing of applications, the conduct of hearings and other administrative matters. [PL 2019, c. 315, §5 (NEW).]

1. Rule-making authority of the board. [PL 2019, c. 315, §5 (RP).]

2. Rule-making authority of the commissioner. [PL 2019, c. 315, §5 (RP).]

3. Duties of department. The department shall: A. Identify in its regulatory agenda under Title 5, section 8060 , when feasible, a proposed rule or provision of a proposed rule that is anticipated to be more stringent than a federal standard, if an applicable federal standard exists; and [PL 2019, c. 315, §5 (AMD).] B. During the consideration of any proposed rule, when feasible, and using information available to it, identify provisions of the proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard exists, and shall explain in a separate section of the basis statement the justification for the difference between the agency rule and the federal standard. [PL 2019, c. 315, §5 (AMD).] C. [PL 2019, c. 315, §5 (RP).] [PL 2019, c. 315, §5 (AMD).]

3-A. Additional public comment. Notwithstanding Title 5, chapter 375, subchapter 2 or 2‑A , the board shall accept and consider additional public comment on a proposed rule following the close of the formal rule-making comment period at a meeting that is not a public hearing only if the additional public comment is directly related to comments received during the formal rule-making comment period or is in response to changes to the proposed rule. Public notice of the meeting must comply with Title 1, section 406 and must state that the board will accept additional public comment on the proposed rule at that meeting. [PL 2019, c. 315, §5 (NEW).]

4. Legislative review of a rule. If a rule adopted by the board is the subject of a request for legislative review of a rule under Title 5, chapter 377‑A , the Executive Director of the Legislative Council shall immediately notify the board of that request and of the legislative committee's decision under that chapter on whether or not to review the rule. [PL 2019, c. 315, §5 (AMD).]
38 M.R.S. § 1464 — ME Code / Title 38 / Chapter 14-A / Section 1464
38 §1464. Site characterization and selection
Status: in_force

1. Limitation. Except for oversight, monitoring and public information activities, no agent of the State may participate in site characterization or selection studies, until the Legislature finds that all of the matters in section 1463, subsection 3 , have been adequately addressed and has approved a plan for the studies and the Federal Government agrees that the site characterization or selection process includes: A. Compliance with the United States National Environmental Policy Act of 1969, Public Law 91-190, including preparation of a specific environmental impact statement; and [PL 1983, c. 381, §9 (NEW).] B. Compliance with all applicable state and local laws. [PL 1983, c. 381, §9 (NEW).] [PL 1985, c. 802, §9 (AMD).]

2. Legislative findings. [PL 1985, c. 802, §9 (RP).]

2-A. Limitations on excavation activities. No person may excavate any exploratory shaft for site characterization, selection or construction, unless the Legislature has approved that activity. [PL 1985, c. 802, §9 (NEW).]

3. Reports. The commissioner shall keep the Governor and the Legislature fully and currently informed about the conduct of any site characterization and, within 90 days of completion of that effort, shall review the findings and report them, together with the commissioner's comments to the Governor and the Legislature. [PL 1985, c. 802, §9 (AMD).]
38 M.R.S. § 2329 — ME Code / Title 38 / Chapter 27 / Section 2329
38 §2329. Rules
Status: in_force

The department shall adopt rules to implement this chapter. Rules adopted by the department pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 1901 — ME Code / Title 38 / Chapter 21 / Section 1901
38 §1901. Findings and declaration of policy
Status: in_force

The Legislature finds that Maine's coastal barriers and the adjacent wetlands, marshes, estuaries, inlets and nearshore waters contain resources of extraordinary scenic, scientific, recreational, natural, historic, archeological and economic importance that may be irretrievably damaged and lost due to development on and adjacent to those barriers; that Maine's coastal barriers provide habitats for migratory birds and other wildlife and habitats that are essential spawning, nursery, nesting and feeding areas for commercially and recreationally important species of finfish and shellfish, as well as other aquatic organisms; that Maine's coastal barriers serve as natural storm protective buffers and are generally unsuitable for development because they are vulnerable to hurricane and other storm damage and because natural shoreline recession and the movement of unstable sediments undermine human-made structures; and that the United States Congress has recognized the importance of coastal barriers through the United States Coastal Barrier Resources Act of 1982, United States Code, Title 16, Section 3509, established a detailed process to identify coastal barriers and prohibited the expenditure of federal funds that support activities incompatible with the ability of these fragile areas to accommodate those activities. [RR 2021, c. 2, Pt. B, §297 (COR).]

The Legislature declares that certain areas of the Maine coast, because of their fragile nature, valuable habitat and their storm buffering abilities should be protected and conserved in their natural state and that it is inappropriate to use state funds to encourage or support activities incompatible with the ability of these areas to sustain these activities. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 1310-H-1 — ME Code / Title 38 / Chapter 13 / Section 1310-H-1
38 §1310-H-1. Notice to subsequent owners
Status: in_force

The owner of a parcel of land upon which a closed or abandoned municipal solid waste landfill is located shall include notice of the presence of the landfill in any deed transferring ownership of all or part of the parcel and in any easement conveying a right of use to all or part of the parcel. [PL 1999, c. 334, §12 (NEW).]
38 M.R.S. § 3003 — ME Code / Title 38 / Chapter 31 / Section 3003
38 §3003. Nature of rights
Status: in_force

1. Holder. Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When the department is the agency determining or approving the environmental response project pursuant to which an environmental covenant is created, the department shall identify all holders of the environmental covenant and may identify the department as a holder, notwithstanding any other provision of law. Notwithstanding section 568, subsection 5‑A and section 1364, subsection 7 or any other provision of law, the department may be a holder of an environmental covenant and approval of the board is not required. [PL 2005, c. 370, §1 (NEW).]

2. Right of agency. A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property. [PL 2005, c. 370, §1 (NEW).]

3. Obligations. An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as provided in the covenant. [PL 2005, c. 370, §1 (NEW).]

4. Priority of recorded interests. The priority of recorded interests is governed by other law, including law relating to the police powers of the State and public policies protecting health and the environment, and is unaffected by this Act, except as provided in section 3009, subsection 3 for tax liens. [PL 2005, c. 370, §1 (NEW).]

5. Signature on record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing boards of the owners' association. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 1160 — ME Code / Title 38 / Chapter 11 / Section 1160
38 §1160. Connection of private sewers
Status: in_force

Every building in a sanitary district formed under this chapter intended for human habitation or occupancy or with facilities for discharge or disposal of wastewater or commercial or industrial waste that is accessible to a sewer or drain of such district must have a sanitary sewer or drainage system that is caused to be connected with such sewer or drain of the district by the owner or person against whom taxes on the premises are assessed, in the most direct manner possible, within 90 days after receiving request therefor from the district, or within such further time as the trustees of the district may grant, and, if feasible, with a separate connection for each such building. Existing buildings that are already served by a private sewer or drainage system are not required to connect with any sewer or drain of the district so long as the private sewer or drainage system functions in a satisfactory and sanitary manner, and does not violate any law or ordinance applicable thereto or any applicable requirement of the state plumbing code, as determined by the municipal plumbing inspector, the inspector's alternate, or, in the event that both are trustees or employees of the district, the Division of Health Engineering. A building is deemed to be accessible to a sewer or drain of the district for the purposes of this section if such building, or any private sewer or drain directly or indirectly connected thereto or carrying wastewater or commercial or industrial waste therefrom, at any point is or comes within 200 feet of a sewer or drain of the district; except that this section does not require the owner of any such building to acquire any real property or easement therein for the sole purpose of making such connection. [RR 2021, c. 2, Pt. B, §276 (COR).]
38 M.R.S. § 1774 — ME Code / Title 38 / Chapter 18 / Section 1774
38 §1774. Exclusions
Status: in_force

This chapter does not apply to: [PL 2009, c. 516, §1 (NEW).]

1. Motor vehicles and watercraft. Motor vehicles as defined in Title 29‑A, section 101, subsection 42 and watercraft as defined in Title 12, section 13001, subsection 28 or their component parts; [PL 2015, c. 67, §1 (AMD).]

2. Pulp and paper manufacturers. Pulp and paper manufacturers except conversion facilities for consumer product packaging; and [PL 2015, c. 67, §1 (AMD).]

3. Specialized equipment. Specialized manufacturing equipment and specialized processing equipment, including any component of such equipment, used in the production and repair of industrial or commercial goods and not generally discarded as solid waste. [PL 2015, c. 67, §2 (NEW).]
38 M.R.S. § 3108-A — ME Code / Title 38 / Chapter 33 / Section 3108-A
38 §3108-A. Unclaimed deposits
Status: in_force

This section governs unclaimed beverage container deposits. [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).]

1. Commingling group; unclaimed deposits. Prior to January 15, 2026, unclaimed deposits for nonrefillable beverage containers that are subject to a commingling agreement pursuant to section 3107, subsection 1‑A or 1‑B are the property of the members of the commingling group administering the agreement. The commingling group shall determine the disposition and use of those unclaimed deposits. [PL 2025, c. 241, §12 (AMD).]

2. Commingling cooperative; unclaimed deposits. Except as provided in paragraph D , if a department-approved program plan is implemented pursuant to section 3107, subsection 3‑B, paragraph C , unclaimed deposits for nonrefillable beverage containers subject to the requirements of this chapter are the property of the cooperative and, in accordance with rules adopted by the department pursuant to subsection 3, must be deposited and maintained by the cooperative in a separate account or accounts and expended only in accordance with this subsection. A. The cooperative shall expend unclaimed deposit amounts as provided in paragraphs B and C and may not expend unclaimed deposit amounts to offset legal or lobbying fees or fines incurred by the cooperative, a commingling group or an initiator of deposit. [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).] B. The cooperative shall expend unclaimed deposit amounts for the following purposes: (1) Payment of the annual fee to the department as provided in section 3107, subsection 3‑B, paragraph G ; (2) Reasonable costs of administering the program under section 3107, subsection 3‑B , including, but not limited to, staffing costs and office operating costs; (3) Costs of educational materials and signage provided to dealers and redemption centers regarding redemption instructions and other information, including information regarding the fraudulent redemption of beverage containers in accordance with section 3106, subsection 10 ; (4) Reimbursement to dealers and redemption centers of the costs of plastic bags pursuant to section 3106, subsection 9 ; (4-A) Funding of activities and infrastructure designed to increase the use of refillable and reusable beverage containers and reusable beverage packaging in the State. The cooperative may expend funds under this subparagraph to support activities and infrastructure designed to increase the use of other types of reusable packaging in the State. The cooperative shall make available a minimum of $500,000 per calendar year for these activities, which may include, but are not limited to: (a) Activities and infrastructure relating to the development and implementation of models for refillable beverage container washing techniques, including, but not limited to, mobile washing stations, in‑house washing stations and the establishment of a fixed washing facility in the State; (b) Development of or other activities relating to container, adhesive and label options for refillable beverage containers; and (c) Outreach to manufacturers, retailers, restaurants and consumers regarding the benefits of refillable beverage containers and the methods available for ensuring such containers may be safely reused; and (5) Payment of $500,000 annually to the department for deposit into and use in accordance with the Cost and Carbon Efficient Technology Fund established in section 3114‑A . The cooperative shall include in its annual report required under section 3107, subsection 3‑B, paragraph E any recommendations for a reduction in or other amendment to the payment required under this subparagraph that the cooperative believes necessary due to a reduction in the amount of unclaimed deposits available for expenditure in accordance with paragraph C , a surplus of undistributed funding within the Cost and Carbon Efficient Technology Fund established in section 3114‑A or for other reasons specified by the cooperative. [PL 2023, c. 529, §§2-4 (AMD); PL 2023, c. 529, §7 (AFF).] C. Any deposits determined by the cooperative to be unclaimed in accordance with the rules adopted by the department pursuant to subsection 3 that are not expended by the cooperative as otherwise required by this section may be expended by the cooperative to offset other costs incurred by the program, including, but not limited to, costs of beverage container pickups and payment to dealers or redemption centers of required handling fees under section 3106, subsection 7 , as long as such expenditures are designed to equitably offset those costs incurred by each member commingling group as determined pursuant to the approved program plan under section 3107, subsection 3‑B, paragraph B , subparagraph (2). [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).] D. Notwithstanding any provision of this section to the contrary, if the cooperative fails to implement a department-approved program plan pursuant to section 3107, subsection 3‑B, paragraph C by January 15, 2026, until the cooperative implements a department-approved program plan pursuant to section 3107, subsection 3‑B, paragraph C or for any period of time in which a department-approved program plan is not implemented, unclaimed deposits for nonrefillable beverage containers subject to the requirements of this chapter must be deposited and maintained by the cooperative, or, in the event the cooperative has not been established, by each commingling group, in a separate account or accounts and in the manner directed by the department must be paid to the department for deposit into and use in accordance with the Beverage Container Enforcement Fund established under section 3114 . [PL 2025, c. 241, §13 (AMD).] [PL 2025, c. 241, §13 (AMD).]

3. Rules. The department shall adopt rules as necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The rules must include, but are not limited to: A. Provisions requiring the deposit by the cooperative into and the maintenance by the cooperative of a segregated account or accounts, separate from all other revenues, of the refund value for all nonrefillable beverage containers subject to the requirements of this chapter and sold by the members of the cooperative; [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).] B. Provisions regarding the method and process by which the cooperative shall calculate the total amount of deposits determined to be unclaimed during the previous calendar year and the total amount of those deposits expended by the cooperative in accordance with this section during the previous calendar year; and [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).] C. Any other provisions relating to the accounting for, determination of or expenditure of unclaimed deposits by the cooperative pursuant to this section. [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).] [PL 2023, c. 482, §28 (NEW); PL 2023, c. 482, §43 (AFF).]
38 M.R.S. § 891 — ME Code / Title 38 / Chapter 5 / Section 891
38 §891. Scales for weighing grain; order of grinding
Status: in_force

The owner or occupant of every grist mill shall keep scales and weights therein to weigh corn, grain and meal, when required. The owner or occupant shall well and sufficiently grind as required, according to the nature, capacity and condition of the mill, all grain brought to the mill for that purpose and in the order in which it is received. For neglecting or refusing to weigh the same when required, or failing to grind the same in the order received, or for taking more than lawful toll, the owner or occupant commits a civil violation for which a fine of not less than $10 nor more than $50 must be adjudged for each violation. This section may not be so construed as to preclude the right of any owner or occupant of any mill to enter into any mutual agreement with any customer or customers as to the order in which the grain of such customers is received and ground, made at the time the customer or customers bring the grain to the mill for the purpose of being ground. [RR 2021, c. 2, Pt. B, §257 (COR).]
38 M.R.S. § 3305 — ME Code / Title 38 / Chapter 37 / Section 3305
38 §3305. Penalties; removal; abandonment
Status: in_force

1. Penalties. Except as provided in subsection 2 , a person who violates section 3302 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged for each day of that violation, and the person may be ordered to pay restitution to the primary enforcement authority for costs incurred in investigating the violation and enforcing the provisions of this chapter. [PL 2025, c. 378, §12 (NEW).]

2. Repeat violations. A person who violates section 3302 after having been adjudicated as having committed 3 or more civil violations under section 3302 within the previous 5-year period commits a Class E crime. In addition to any penalties that may be imposed by law for each day of that violation, the person may be ordered to pay restitution to the primary enforcement authority for costs incurred in investigating the violation and enforcing the provisions of this chapter. [PL 2025, c. 378, §12 (NEW).]

3. Removal of structures. A person who violates section 3302 shall remove the violating nonwater-dependent floating structure from the internal waters that the structure was placed or used in, on or over and is responsible for all costs associated with the removal and the costs of any damage to persons or property caused by the structure's placement or use. [PL 2025, c. 378, §12 (NEW).]

4. Abandoned structures. An abandoned nonwater-dependent floating structure may be removed, possessed, sold, destroyed or otherwise disposed of by the State, a municipality or other primary enforcement authority. The authority provided under this subsection does not affect the authority granted under Title 12, section 1866 related to the removal of an abandoned watercraft pursuant to that section. [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 2215 — ME Code / Title 38 / Chapter 24 / Section 2215
38 §2215. Rentals and revenues
Status: in_force

1. Provisions. Before issuing revenue obligation securities, the agency shall determine that there shall at all times be revenues and funds sufficient to: A. Pay the principal and interest of the securities as they become due and payable and, in its discretion, to create and maintain reserves for that purpose; and [PL 1989, c. 585, Pt. A, §7 (NEW).] B. Pay the cost of maintaining and, where applicable, repairing the project unless provision is made in the financial document or other contract for maintenance and, where applicable, repair. [PL 1989, c. 585, Pt. A, §7 (NEW).] [PL 1989, c. 585, Pt. A, §7 (NEW).]

2. Sinking fund. All project rentals and other revenues, except those required in subsection 1, paragraph B or to provide reserves for maintenance and, where applicable, repair, may be set aside at regular intervals as provided in the trust agreement or other document and deposited to the credit of a sinking fund charged with payment of the interest and principal of the securities as they fall due, any necessary charges of paying agents for paying principal and interest and the redemption price or the purchase price of securities retired by call or purchase. Use of money deposited to the credit of the sinking fund shall be subject to regulations prescribed in the trust agreement or other document. Except as may otherwise be provided in the trust agreement or other document, the sinking fund shall be a fund for the benefit of all securities issued for the project or projects without distinction or priority of one over another. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Trust funds. All money received under this subchapter shall be deemed trust funds, to be held and applied solely as provided in this subchapter. Any officer to whom, or any bank, trust company or other fiscal agency or trustee to which, the money shall be paid shall act as trustees of the money and shall hold and apply it for the purposes of this subchapter, subject to the requirements of this subchapter, the trust agreement or other applicable document. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 570-F — ME Code / Title 38 / Chapter 3 / Section 570-F
38 §570-F. Special provisions
Status: in_force

This subchapter may not be construed to authorize the department to require registration of or to regulate the installation or operation of underground tanks used: [PL 1991, c. 494, §15 (RPR).]

1. Propane storage. For the storage of propane; or [PL 1991, c. 494, §15 (NEW).]

2. Other structure. As an oil-water separator, catch basin, flood drain or other emergency containment structure as long as the structure: A. Is used to collect, capture or treat storm water surface runoff or oil spills; [PL 2017, c. 333, §10 (AMD).] B. Is not used for the storage of oil; and [PL 2017, c. 333, §10 (AMD).] C. Is regulated under the federal Clean Water Act, 33 United States Code, Section 1317(b) or Section 1342. [PL 2017, c. 333, §10 (NEW).] [PL 2017, c. 333, §10 (AMD).]

The department shall adopt rules for underground oil storage facilities for storing waste oil. The department shall also adopt rules governing field-constructed, airport hydrant and heavy oil underground oil storage facilities. These rules are not limited by other provisions of this subchapter. [PL 2017, c. 333, §10 (AMD).]
38 M.R.S. § 962-A — ME Code / Title 38 / Chapter 6 / Section 962-A
38 §962-A. Additional performance standards
Status: in_force

The commission, after notice and public hearing, may establish such additional performance standards as it deems necessary to carry out the purposes of this chapter, provided that such standards are consistent with the standards established in section 962 . [PL 1977, c. 459, §1 (NEW).]

1. Standards. In establishing additional performance standards under this section for any permitted use, the commission shall endeavor to develop standards which will assure that the uses under consideration will be located on suitable soils and will not result in unreasonable: A. Degradation of air and water quality; [PL 1979, c. 459, §1 (NEW).] B. Harmful alteration of wetlands; [PL 1979, c. 459, §1 (NEW).] C. Increase in erosion or sedimentation; [PL 1979, c. 459, §1 (NEW).] D. Obstruction of flood flow; [PL 1979, c. 459, §1 (NEW).] E. Destruction of fish and wildlife habitat; [PL 1979, c. 459, §1 (NEW).] F. Despoliation of the scenic, rural and open space character of the corridor; [PL 1979, c. 459, §1 (NEW).] G. Overuse of the rivers for recreation; [PL 1979, c. 459, §1 (NEW).] H. Overcrowding; [PL 1979, c. 459, §1 (NEW).] I. Excessive noise; [PL 1979, c. 459, §1 (NEW).] J. Obstruction to navigation; or [PL 1979, c. 459, §1 (NEW).] K. Interference with the educational, scenic, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1064 — ME Code / Title 38 / Chapter 11 / Section 1064
38 §1064. Exemption from taxation
Status: in_force

The property, both real and personal, rights and franchises of any sanitary district formed under this chapter shall be forever exempt from taxation. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 2193 — ME Code / Title 38 / Chapter 24 / Section 2193
38 §2193. Host municipality fees
Status: in_force

The bureau may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, as long as the lower fees are set in a manner consistent with the rules adopted by the bureau. [PL 2011, c. 655, Pt. GG, §63 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1319-A — ME Code / Title 38 / Chapter 13 / Section 1319-A
38 §1319-A. Duties of the commissioner
Status: in_force

1. Facilities. The commissioner may undertake studies and evaluations necessary to develop suitable waste facilities. [PL 1979, c. 730, §2 (NEW).]

2. Training. The commissioner may train state and local personnel to remove discharges of hazardous matter. Insofar as practical, the commissioner shall rely on existing sources to deliver this training. [PL 1979, c. 730, §2 (NEW).]
38 M.R.S. § 1572 — ME Code / Title 38 / Chapter 15-A / Section 1572
38 §1572. Prohibitions; exemptions
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Prohibition. Beginning January 1, 2021, a covered establishment may not process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam. [PL 2019, c. 62, §1 (NEW).]

2. Plastic beverage stirrers. A covered establishment providing beverages at a facility or function of the State or of a political subdivision may not provide beverage stirrers that are composed of plastic. For the purposes of this subsection, "beverage stirrer" means a device that is designed solely to mix liquids that are intended for internal human consumption and are contained in a single-serving container. [PL 2019, c. 62, §1 (NEW).]

3. Exemptions. Notwithstanding subsection 1 , a covered establishment may: A. In an emergency for the immediate preservation of the public health or safety, as determined applicable by the department, process, prepare, sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam; [PL 2019, c. 62, §1 (NEW).] B. Sell or provide food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that a consumer brings to the covered establishment; and [PL 2019, c. 62, §1 (NEW).] C. (TEXT EFFECTIVE UNTIL 7/1/27) (TEXT REPEALED 7/1/27) Sell at retail food or beverages in or on a disposable food service container that is composed in whole or in part of polystyrene foam that the covered establishment purchases prepackaged at wholesale. This paragraph is repealed July 1, 2027. [PL 2025, c. 151, §3 (AMD).] [PL 2025, c. 151, §3 (AMD).]
38 M.R.S. § 3008 — ME Code / Title 38 / Chapter 31 / Section 3008
38 §3008. Recording
Status: in_force

1. Recording required. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee. [PL 2005, c. 370, §1 (NEW).]

2. Subject to laws governing recording priority. Except as otherwise provided in section 3009, subsection 3 , an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 1699 — ME Code / Title 38 / Chapter 16-D / Section 1699
38 §1699. Education and assistance
Status: in_force

As resources allow, the department shall develop a program to educate and assist consumers and retailers in identifying children's products that may contain priority chemicals. [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 606-A — ME Code / Title 38 / Chapter 4 / Section 606-A
38 §606-A. Tire-derived fuel
Status: in_force

Any physical or operational change of an industrial power boiler that does not result in an increase in permitted emissions and that is undertaken for the purpose of allowing the source to burn tire-derived fuel is not a modification of the source or emissions unit pursuant to regulations implementing section 590 . [PL 1989, c. 869, Pt. C, §8 (NEW).]
38 M.R.S. § 498 — ME Code / Title 38 / Chapter 3 / Section 498
38 §498. Appropriations -- Article VIII
Status: in_force

The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the commission. The Commonwealth of Massachusetts obligates itself only to the extent of $6,500 in any one year, the State of Connecticut only to the extent of $3,000 in any one year, the State of Rhode Island only to the extent of $1,500 in any one year, and the States of New Hampshire, Maine and Vermont each only to the extent of $1,000 in any one year.
38 M.R.S. § 8 — ME Code / Title 38 / Chapter 1 / Section 8
38 §8. Waiting list
Status: in_force

Whenever there are more applicants for a mooring assignment than there are mooring spaces available, the harbor master or other town official shall create a waiting list. The town officials shall work out a reasonable procedure for persons to add their names to this list. The procedure shall be posted in a public place. The list shall be considered a public document under the freedom of access law. [PL 1987, c. 412, §§ 7, 8 (NEW).]
38 M.R.S. § 358 — ME Code / Title 38 / Chapter 2 / Section 358
38 §358. Maine Pollution Prevention Fund
Status: in_force

1. Fund established. The Maine Pollution Prevention Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund administered by the commissioner for the purpose of strengthening environmental protection in the State through pollution prevention activities and methods. The money deposited with the Treasurer of State to the credit of the fund may be invested as provided by law. Interest on these investments is credited to the fund. [PL 1991, c. 520, §2 (NEW).]

2. Fund sources. The fund may receive money from the following sources: A. Contributions from other entities, both public and private; and [PL 1991, c. 520, §2 (NEW).] B. Registration and associated fees for pollution prevention workshops held by the commissioner. [PL 1991, c. 520, §2 (NEW).] [PL 1991, c. 520, §2 (NEW).]

3. Purposes. Money in the fund may be used to establish and support pollution prevention programs and activities. This fund may: A. Support the reduction of toxic chemicals under chapter 27 ; and [PL 2009, c. 579, Pt. B, §8 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).] B. Support functions and activities of the Office of Pollution Prevention as outlined in section 342, subsection 4 . [PL 1991, c. 520, §2 (NEW).] [PL 2009, c. 579, Pt. B, §8 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
38 M.R.S. § 1277 — ME Code / Title 38 / Chapter 12-A / Section 1277
38 §1277. Support services
Status: in_force

The Department of Administrative and Financial Services shall provide supporting services to the commissioner for the implementation of this chapter, including: [PL 2007, c. 466, Pt. A, §71 (AMD).]

1. Training records. Maintenance of training records for employees of public and private entities intending to undertake asbestos abatement activities in the State; [PL 1987, c. 448, §1-C (NEW).]

2. Evaluation of applications. Assistance in the evaluation of applications for licensing or certification for compliance with this chapter and subsequent rules, upon request of the commissioner; and [PL 1991, c. 473, §16 (AMD).]

3. Evaluation of training programs. Evaluation, development and management of training programs which are appropriate for applicants attempting to comply with the provisions of this chapter and subsequent rules. [PL 1991, c. 473, §16 (AMD).]

4. Maintenance of project records. [PL 1991, c. 473, §17 (RP).]