38 M.R.S. § 1163-A — ME Code / Title 38 / Chapter 11 / Section 1163-A
38 §1163-A. Coordination with municipal planning
Status: in_force

To facilitate coordination of municipal planning and sewer extension planning: [PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]

1. Sanitary districts. The trustees of a sanitary district shall cooperate with municipal officials in the development of municipal growth management and other land use plans and ordinances; and [PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]

2. Municipalities. Municipal officers shall cooperate with the trustees of a sanitary district during the consideration of development applications that may affect the operations of the district. [PL 1993, c. 721, Pt. B, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]
38 M.R.S. § 3101 — ME Code / Title 38 / Chapter 33 / Section 3101
38 §3101. Purpose
Status: in_force

1. Legislative findings. The Legislature finds that beverage containers are a major source of nondegradable litter and solid waste in this State and that the collection and disposal of this litter and solid waste constitute a great financial burden for the citizens of this State. [PL 2015, c. 166, §14 (NEW).]

2. Intent. It is the intent of the Legislature to create incentives for the manufacturers, distributors, dealers and consumers of beverage containers to reuse or recycle beverage containers thereby removing the blight on the landscape caused by the disposal of these containers on the highways and lands of the State and reducing the increasing costs of litter collection and municipal solid waste disposal. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 1861 — ME Code / Title 38 / Chapter 20-A / Section 1861
38 §1861. Definitions
Status: in_force

As used in this chapter and chapter 20‑B , unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 434, Pt. A, §7 (NEW).]

1. Invasive aquatic plant. "Invasive aquatic plant" means a species of aquatic plant described in section 410‑N . [PL 2001, c. 434, Pt. A, §7 (NEW).]

2. Nuisance species. "Nuisance species" means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking. [PL 2001, c. 434, Pt. A, §7 (NEW).]

3. Watercraft. "Watercraft" has the same meaning as in Title 12, section 13001, subsection 28 . [PL 2003, c. 414, Pt. B, §72 (AMD); PL 2003, c. 614, §9 (AFF).]
38 M.R.S. § 1473 — ME Code / Title 38 / Chapter 14-A / Section 1473
38 §1473. Geological characterization
Status: in_force

The State Geologist shall advise the Governor and the Legislature on the suitability of areas of the State for low-level waste disposal. In determining suitability, the State Geologist shall consider final rules for facility siting under 10 Code of Federal Regulations, Part 61, and other rules, as appropriate. [PL 1983, c. 381, §9 (NEW).]
38 M.R.S. § 440 — ME Code / Title 38 / Chapter 3 / Section 440
38 §440. Federal flood insurance (REALLOCATED FROM TITLE 12, SECTION 4812-B)
Status: in_force

(REALLOCATED FROM TITLE 12, SECTION 4812-B)

In addition to controls required by this chapter, municipalities may extend or adopt zoning and subdivision controls beyond the limits established by this chapter in order to protect the public health, safety and welfare and to avoid problems associated with flood plain development. [PL 1985, c. 481, Pt. A, §28 (RAL).]

A zoning ordinance adopted or extended pursuant to this section must be pursuant to and consistent with a comprehensive plan unless the ordinance complies with the requirements of the Federal Flood Insurance Program or other provisions of this section. [PL 2003, c. 641, §18 (AMD).]

Zoning ordinances adopted or extended pursuant to this section need not depend upon the existence of a zoning ordinance for all of the land and water area within a municipality, despite the provisions of Title 30‑A, section 4352 to the contrary, except that an ordinance is required for entrance of the municipality into the Federal Flood Insurance Program. Ordinances or amendments adopted by authority of this section may not extend beyond an area greater than that necessary to comply with the requirements of the Federal Flood Insurance Program. [PL 2023, c. 405, Pt. A, §132 (AMD).]

Zoning ordinances adopted or amended pursuant to this section must designate as a resource protection zone or its equivalent, as defined in the guidelines adopted pursuant to section 438‑A, subsection 1 , all areas within the floodway of the 100-year flood plain along rivers and in the velocity zone in areas subject to tides, based on detailed flood insurance studies and as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps. This provision does not apply to areas zoned for general development or its equivalent, as defined in the guidelines adopted pursuant to section 438‑A, subsection 1 , as of July 16, 1986, or within areas designated by ordinances as densely developed. The determination of which areas are densely developed must be based on a finding that, as of July 16, 1986, existing development meets the definition in former section 436, subsection 3. [PL 2023, c. 405, Pt. A, §133 (AMD).]

All communities shall designate floodway areas, as set out in this section, as resource protection zones as of the effective date of a community's entry into the regular program of the National Flood Insurance Program or July 1, 1987, whichever comes later. [PL 1985, c. 794, Pt. A, §8 (NEW).]

In those areas that are within the floodway, as delineated on the Federal Emergency Management Agency's Flood Boundary and Floodway Maps and Flood Insurance Rate Maps, all proposed activities which are permitted within the shoreland area must be shown not to increase the 100-year flood elevation. In addition, all structures built in the floodway shall have their lowest floor, including the basement, one foot above the 100-year flood elevation. [PL 1985, c. 794, Pt. A, §8 (NEW).]
38 M.R.S. § 3109 — ME Code / Title 38 / Chapter 33 / Section 3109
38 §3109. Redemption centers
Status: in_force

1. Establishment. Redemption centers may be established and operated by any person or municipality, agency or regional association as defined in section 1303‑C, subsection 24 , subject to the approval of the commissioner, to serve local dealers and consumers, at which consumers may return empty beverage containers as provided under section 3106 . [PL 2019, c. 526, §9 (AMD).]

2. Application for approval. Application for approval of a redemption center must be filed with the department. The application must state the name and address of the person responsible for the establishment and operation of the center and the names and addresses of each dealer with whom the redemption center has entered into a written agreement to provide redemption services in accordance with section 3106, subsection 1 and their distances from the redemption center, as measured along public roadways, and must include a statement that the redemption center will accept and manage all beverage containers the labels for which are registered in accordance with section 3105 . [PL 2019, c. 526, §9 (AMD).]

3. Approval. The commissioner may by order approve the licensing of a redemption center if the redemption center complies with the requirements established under section 3113 and the applicable rules adopted pursuant to this chapter. [PL 2019, c. 526, §9 (AMD).]

4. Redemption center acceptance refund account. A licensed redemption center may not refuse to accept from any consumer or dealer any empty, unbroken and reasonably clean beverage container of the kind, size and brand sold in the State as long as the label for the container is registered under section 3105, subsection 5 or refuse to pay in cash the refund value of the returned beverage container as established by section 3103 . A redemption center or reverse vending machine is not obligated to count containers or to pay a cash refund at the time the beverage container is returned as long as the amount of the refund value due is placed into an account to be held for the benefit of the consumer and funded in a manner that allows the consumer to obtain deposits due within 2 business days of the time of the return. [PL 2019, c. 526, §9 (AMD).]

5. Posted lists. [PL 2019, c. 526, §9 (RP).]

5-A. Beverage container handling. A redemption center shall tender to pick-up agents only beverage containers sold in the State that are placed in shells, shipping cartons, bags or other receptacles in a manner that facilitates accurate eligible beverage container unit counts or, in the case of containers processing through a reverse vending machine or account-based bulk processing program, accurate data regarding the brand, material type and the count or the weight of the eligible beverage containers. [PL 2023, c. 482, §29 (AMD).]

5-B. Beverage container auditing. A redemption center shall prepare beverage containers for pickup by pick‑up agents, which are subject to audit pursuant to rules adopted by the department in accordance with this subsection. A. A redemption center shall label each shell, shipping carton, bag or other receptacle with the business name, initials, redemption center license number or other unique identifying mark and with the number of beverage containers contained in each shell, shipping carton, bag or other receptacle or, in the case of containers processed through a reverse vending machine or account-based bulk processing program, information regarding the material type and the count or weight of the beverage containers contained in the shell, shipping carton, bag or other receptacle. [PL 2023, c. 482, §30 (AMD).] B. The department, a commingling group or, beginning July 15, 2025, the cooperative may audit shells, shipping cartons, bags or other receptacles that have been prepared for pickup by a redemption center. (1) An audit may be conducted by the department, a commingling group or, beginning July 15, 2025, the cooperative on site at the redemption center or off site at a different location. Off-site audits may involve the use of bulk redemption technology. (2) An audit must be conducted on a minimum of 1,000 beverage containers or, in the case of containers processing through a reverse vending machine or account-based bulk processing program, on an equivalent amount by weight of the same material type. (3) If the results of an audit vary from the information included on the label of the shell, shipping carton, bag or other receptacle required by paragraph A , the department, a commingling group or, beginning July 15, 2025, the cooperative shall, in the case of an on-site audit, require the redemption center to add or remove containers or an equivalent weight of the same material type to address the variation in the results of the audit or, in the case of an off-site audit, require the redemption center to accept payment from the initiator of deposit or pick-up agent adjusted in accordance with the variation in the results of the audit. (4) The department may deny an application for approval of a redemption center under subsection 2 if the redemption center, pursuant to audits conducted by the department in accordance with this subsection, has repeatedly prepared for pickup shells, shipping cartons, bags or other receptacles containing less than 97% of the beverage containers or equivalent weight of the same material type that such shells, shipping cartons, bags or other receptacles are labeled as containing. [PL 2023, c. 482, §30 (AMD).] [PL 2023, c. 482, §30 (AMD).]

6. License revocation. The department may, in a manner consistent with the Maine Administrative Procedure Act, revoke the license of a redemption center if the redemption center has not complied with the commissioner's approval order issued under subsection 3 or if the redemption center no longer provides a convenient service to the public. [PL 2019, c. 526, §9 (AMD).]
38 M.R.S. § 86 — ME Code / Title 38 / Chapter 1 / Section 86
38 §86. Vessels required to take pilot
Status: in_force

Every foreign vessel and every American vessel under register, with a draft of 9 feet or more, entering or departing from any port or harbor within the waters described in section 86‑A must take a pilot licensed under this chapter. Any master, owner, agent or consignee that fails to take a pilot licensed under this subchapter is subject to a civil penalty not to exceed $15,000 per day, payable to the State. This penalty is recoverable in a civil action. [PL 1999, c. 355, §5 (AMD).]
38 M.R.S. § 1696 — ME Code / Title 38 / Chapter 16-D / Section 1696
38 §1696. Sales prohibition; rules; safer alternatives to priority chemicals
Status: in_force

1. Authority. The board may adopt rules prohibiting the manufacture, sale or distribution in the State of a children's product containing a priority chemical in an amount greater than a de minimis level if the board finds, after consideration of information filed under section 1695 and other relevant information submitted to or obtained by the board, that: A. Distribution of the children's product directly or indirectly exposes children and vulnerable populations to the priority chemical; and [PL 2007, c. 643, §2 (NEW).] B. One or more safer alternatives to the priority chemical are available at a comparable cost. [PL 2007, c. 643, §2 (NEW).] If there are several available safer alternatives to a priority chemical, the board may prohibit the sale of children's products that do not contain the safer alternative that is least toxic to human health or least harmful to the environment. A rule established pursuant to this subsection must specify the effective date of the prohibition, which may not be sooner than 12 months after notice of the proposed rule is published as required under Title 5, section 8053, subsection 5 . Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 319, §7 (AMD).]

2. Alternatives assessment; presumptions. For the purpose of determining whether a safer alternative is available under subsection 1, paragraph B , the board may, in the absence of persuasive evidence to the contrary: A. Presume that an alternative is a safer alternative if the alternative is not a chemical of concern; [PL 2011, c. 319, §8 (AMD).] B. Presume that a safer alternative is available if the sale of the children's product containing the priority chemical has been banned by another state within the United States based on the availability of a safer alternative; [PL 2011, c. 319, §8 (AMD).] C. Presume that a safer alternative is available if the children's product containing the priority chemical is an item of apparel or a novelty; and [PL 2007, c. 643, §2 (NEW).] D. Presume that a safer alternative is available if the alternative is sold in the United States. [PL 2007, c. 643, §2 (NEW).] [PL 2011, c. 319, §8 (AMD).]

3. Implementation. No later than 180 days prior to the effective date of a prohibition adopted under subsection 1 , the manufacturer or distributor of a children's product that contains the priority chemical and that is subject to the prohibition at the time of adoption shall file a compliance plan with the commissioner or seek a waiver under subsection 5 . A compliance plan must: A. Identify the children's product that contains the priority chemical; [PL 2007, c. 643, §2 (NEW).] B. Specify whether compliance will be achieved by discontinuing the sale of the children's product in the State or by substituting a safer alternative in the product; and [PL 2007, c. 643, §2 (NEW).] C. If compliance is achieved by substitution of a safer alternative in the product, identify the safer alternative and the timetable for substitution. [PL 2007, c. 643, §2 (NEW).] [PL 2007, c. 643, §2 (NEW).]

4. Responsibility. A manufacturer or distributor of a children's product containing a priority chemical shall notify persons that offer the product for sale or distribution in the State of the requirements of this chapter. [PL 2007, c. 643, §2 (NEW).]

5. Waiver for specific uses. The manufacturer or distributor of a children's product that contains a priority chemical and that is subject to a prohibition adopted pursuant to subsection 1 may apply to the commissioner for a waiver for one or more specific uses of the priority chemical. The waiver application must, at a minimum: A. Identify the specific children's product use or uses for which the waiver is sought; [PL 2007, c. 643, §2 (NEW).] B. Identify the alternatives considered for substitution of the priority chemical; [PL 2007, c. 643, §2 (NEW).] C. Explain the basis for concluding that the use of an alternative is not feasible; and [PL 2007, c. 643, §2 (NEW).] D. Identify the steps that have and will be taken to minimize the use of the priority chemical. [PL 2007, c. 643, §2 (NEW).] The commissioner may grant a waiver with or without conditions upon finding that there is a need for the children's product in which the priority chemical is used and there are no technically or economically feasible alternatives for the use of the priority chemical in the children's product. Waivers may be granted for a term not to exceed 5 years and may be renewed for one or more additional 5-year terms upon written application demonstrating that technically or economically feasible alternatives remain unavailable. The commissioner shall deny or grant waiver requests within 60 days after receipt of a completed waiver application. [PL 2007, c. 643, §2 (NEW).]

6. Petitions. If rulemaking to prohibit the sale of a children's product containing a priority chemical is initiated by petition under Title 5, section 8055 , the department shall consider the information submitted in support of the petition but is not obligated to conduct a search of other sources of information on the chemical or its uses. The petitioner bears the burden of demonstrating that the criteria under subsection 1 for adoption of rules are met. [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 585-O — ME Code / Title 38 / Chapter 4 / Section 585-O
38 §585-O. Motor vehicle emission control system tampering
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dealer" means a person engaged in the business of buying, selling, exchanging or offering to negotiate, negotiating or advertising the sale, lease or rental of a motor vehicle at retail and that has: (1) An established place of business for those purposes in this State; and (2) A current dealer license issued by the Secretary of State. "Dealer" does not include the State when selling state-owned motor vehicles; a vehicle auction business as defined in Title 29‑A, section 851, subsection 14 ; an insurance salvage pool as defined in Title 29‑A, section 602, subsection 6 ; or a franchisee as defined in Title 10, section 1171, subsection 7 . [PL 2021, c. 119, §1 (NEW).] B. "Emission control system" means a device or element of design installed on or in a motor vehicle or engine by the original manufacturer and certified to comply with pollutant emission standards established by federal or state law. [PL 2021, c. 119, §1 (NEW).] C. "Motor vehicle" means a self-propelled vehicle intended for operation on roads. "Motor vehicle" does not include a salvage vehicle, as defined in Title 29‑A, section 602, subsection 13 , or a vehicle sold for parts or scrap. [PL 2021, c. 119, §1 (NEW).] D. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [PL 2021, c. 119, §1 (NEW).] E. "Tamper" means to deactivate, dismantle, defeat, bypass, alter, modify, remove or otherwise render inoperable, in whole or in part, mechanical or electronic components of the emission control system that is installed on or in a motor vehicle by the original manufacturer of the motor vehicle. [PL 2021, c. 119, §1 (NEW).] [PL 2021, c. 119, §1 (NEW).]

2. Tampering prohibited. Tampering with the emission control system of a motor vehicle is prohibited as provided in this subsection. A. A person may not tamper with the emission control system of a motor vehicle for compensation, except to repair or replace a part or all of the emission control system to return the emission control system to its original manufacturer's certified specifications. [PL 2021, c. 119, §1 (NEW).] B. A dealer may not sell, lease or rent, or offer to sell, lease or rent, or transfer title or right of possession of a motor vehicle if a person has tampered with the emission control system of the motor vehicle. [PL 2021, c. 119, §1 (NEW).] [PL 2021, c. 119, §1 (NEW).]

3. Penalties. A person that violates this section is subject to penalties under section 349 . [PL 2021, c. 119, §1 (NEW).]

4. Rulemaking. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 119, §1 (NEW).]
38 M.R.S. § 1801 — ME Code / Title 38 / Chapter 19 / Section 1801
38 §1801. Findings and declaration of coastal management policies
Status: in_force

The Legislature finds that the Maine coast is an asset of immeasurable value to the people of the State and the nation, and there is a state interest in the conservation, beneficial use and effective management of the coast's resources; that development of the coastal area is increasing rapidly and that this development poses a significant threat to the resources of the coast and to the traditional livelihoods of its residents; that the United States Congress has recognized the importance of coastal resources through the passage of the United States Coastal Zone Management Act of 1972 and that in 1978 Maine initiated a coastal management program in accordance with this Act which continues to be of high priority; and that there are special needs in the conservation and development of the State's coastal resources that require a statement of legislative policy and intent with respect to state and local actions affecting the Maine coast. [PL 1985, c. 794, Pt. A, §11 (NEW).]

The Legislature declares that the well-being of the citizens of this State depends on striking a carefully considered and well reasoned balance among the competing uses of the State's coastal area. The Legislature directs that state and local agencies and federal agencies as required by the United States Coastal Zone Management Act of 1972, PL 92-583, with responsibility for regulating, planning, developing or managing coastal resources, shall conduct their activities affecting the coastal area consistent with the following policies to: [PL 1985, c. 794, Pt. A, §11 (NEW).]

1. Port and harbor development. Promote the maintenance, development and revitalization of the State's ports and harbors for fishing, transportation and recreation; [PL 1985, c. 794, Pt. A, §11 (NEW).]

2. Marine resource management. Manage the marine environment and its related resources to preserve and improve the ecological integrity and diversity of marine communities and habitats, to expand our understanding of the productivity of the Gulf of Maine and coastal waters and to enhance the economic value of the State's renewable marine resources; [PL 1985, c. 794, Pt. A, §11 (NEW).]

3. Shoreline management and access. Support shoreline management that gives preference to water-dependent uses over other uses, that promotes public access to the shoreline and that considers the cumulative effects of development on coastal resources; [PL 1985, c. 794, Pt. A, §11 (NEW).]

4. Hazard area development. Discourage growth and new development in coastal areas where, because of coastal storms, flooding, landslides or sea-level rise, it is hazardous to human health and safety; [PL 1985, c. 794, Pt. A, §11 (NEW).]

5. State and local cooperative management. Encourage and support cooperative state and municipal management of coastal resources; [PL 1985, c. 794, Pt. A, §11 (NEW).]

6. Scenic and natural areas protection. Protect and manage critical habitat and natural areas of state and national significance and maintain the scenic beauty and character of the coast even in areas where development occurs; [PL 1985, c. 794, Pt. A, §11 (NEW).]

7. Recreation and tourism. Expand the opportunities for outdoor recreation and encourage appropriate coastal tourist activities and development; [PL 1985, c. 794, Pt. A, §11 (NEW).]

8. Water quality. Restore and maintain the quality of our fresh, marine and estuarine waters to allow for the broadest possible diversity of public and private uses; and [PL 1985, c. 794, Pt. A, §11 (NEW).]

9. Air quality. Restore and maintain coastal air quality to protect the health of citizens and visitors and to protect enjoyment of the natural beauty and maritime characteristics of the Maine coast. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 1461-A — ME Code / Title 38 / Chapter 14-A / Section 1461-A
38 §1461-A. Disapproval of high-level radioactive waste repository
Status: in_force

1. Disapproval. The State has received notice that the United States Department of Energy, in accordance with the United States Nuclear Waste Policy Act of 1982, Public Law 97-425, is considering 2 sites within the State of Maine as potentially acceptable sites for location of a high-level radioactive waste repository and has considered at least 3 other sites within Maine for this purpose. The Legislature finds: A. That, based on all available technical information, the geology at these sites is not suitable for a high-level radioactive waste repository; [PL 1985, c. 802, §7 (NEW).] B. That exploration for, construction or operation of such a repository at these sites is contrary to the economic well-being of the people of this State; and [PL 1985, c. 802, §7 (NEW).] C. That the location of such a repository at these sites is contrary to the safety and health of the people of the State of Maine and would substantially interfere with the power and ability of the State to govern its citizens and provide for their health, safety and welfare. [PL 1985, c. 802, §7 (NEW).] For each of these reasons, the State of Maine expressly disapproves the further exploration for, construction or operation of a high-level radioactive waste repository at any of these sites. [PL 1985, c. 802, §7 (NEW).]

2. Review by State. If the Federal Government, or any person acting under its direction, in spite of the State's disapproval as provided in subsection 1 , proceeds with further efforts to investigate the siting, construction or operation of a high-level radioactive waste repository within the State of Maine, the provisions of sections 1463 to 1466 apply to the extent necessary to allow the State to monitor, review and regulate such activities in order to minimize the adverse effects on the health, safety and economic well-being of the people of this State arising from these activities. [PL 1985, c. 802, §7 (NEW).]
38 M.R.S. § 591 — ME Code / Title 38 / Chapter 4 / Section 591
38 §591. Prohibitions
Status: in_force

No person may discharge air contaminants into ambient air within a region in such manner as to violate ambient air quality standards established under this chapter or emission standards established pursuant to section 585 , 585‑B or 585‑K . [PL 2007, c. 584, §2 (AMD).]

When the board, pursuant to section 590 , has by rule provided that no person may operate or maintain within a region any air contamination source or emit any air contaminants without an emission license from the department, the operation or maintenance without that license is prohibited. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §166 (AMD).]
38 M.R.S. § 1316-M — ME Code / Title 38 / Chapter 13 / Section 1316-M
38 §1316-M. Transportation of tires
Status: in_force

1. Examination of license and manifest. A state, county or local law enforcement officer may examine a nonhazardous waste transporter license to determine if it is valid, or a nonhazardous waste manifest to determine whether scrap tires are being transported to a licensed or exempt waste facility. [PL 1995, c. 579, §5 (NEW).]

2. Impoundment. When a law enforcement officer has reasonable grounds to believe that scrap tires are being transported to an unlicensed, nonexempt waste facility, or that scrap tires are being transported to a waste facility without a manifest or license as required by the department's nonhazardous waste transporter rules, the law enforcement officer may impound the vehicle and hold the vehicle until the transporter has fully complied with department rules. [PL 1995, c. 579, §5 (NEW).]

3. Alternative manifest. A law enforcement officer may issue an alternative manifest to the transporter to transport scrap tires to a licensed waste facility. An alternative manifest must include the following information: A. The name and location of the waste generator; [PL 1995, c. 579, §5 (NEW).] B. The quantity of scrap tires; and [PL 1995, c. 579, §5 (NEW).] C. The name and location of the waste facility to which the scrap tires are being transported. [PL 1995, c. 579, §5 (NEW).] A copy of the alternative manifest prepared by the law enforcement officer and any summons issued to the transporter must be sent to the department. [PL 1995, c. 579, §5 (NEW).]

4. Transporting without license or manifest; penalties. A person who transports scrap tires without a license or without a manifest as required by department rules commits a Class E crime. Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . The minimum fines for transporting scrap tires without a license or without a manifest are as follows: A. For a vehicle with a registered gross weight of up to 12,000 pounds, $500; [PL 2003, c. 452, Pt. W, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. For a vehicle with a registered gross weight of between 12,001 and 34,000 pounds, $2,000; and [PL 2003, c. 452, Pt. W, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. For a vehicle with a registered gross weight of over 34,000 pounds, $4,500. [PL 2003, c. 452, Pt. W, §10 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] This minimum fine may not be suspended, but it may be reduced by the amount of the disposal fee paid by the transporter for disposal of the truckload of tires at a licensed waste facility. Notwithstanding Title 17‑A, section 1704 , the maximum fine under this subsection is not more than $10,000 per violation. [PL 2019, c. 113, Pt. C, §117 (AMD).]

5. Transporting after summons or arrest. A person who, after being issued a summons or arrested for a violation of the license or manifest requirements, transports the scrap tires to an unlicensed, nonexempt waste facility commits a Class D crime. Violation of this subsection is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . Notwithstanding Title 17‑A, sections 1704 and 1705 , the maximum fine under this subsection is not more than $25,000 per violation. [PL 2019, c. 113, Pt. C, §118 (AMD).]
38 M.R.S. § 485-A — ME Code / Title 38 / Chapter 3 / Section 485-A
38 §485-A. Notification required; board action; administrative appeals
Status: in_force

1. Application. Any person intending to construct or operate a development shall, before commencing construction or operation, notify the commissioner in writing of the intent, nature and location of the development, together with such other information as the board may by rule require. The department shall approve the proposed development, setting forth such terms and conditions as are appropriate and reasonable, disapprove the proposed development, setting forth the reasons for the disapproval, or schedule a hearing in the manner described in section 486‑A . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §92 (AMD).]

1-A. Wood supply. For a new or expanded development requiring an annual supply of wood or wood-derived materials in excess of 150,000 tons green weight, the applicant shall submit a wood supply plan for informational purposes to the Maine Forest Service concurrent with the application required in subsection 1 . The wood supply plan must include, but is not limited to, the following information: A. The expected operational life of the development; [PL 1989, c. 681, §2 (NEW).] B. The projected annual wood consumption of wood mill residue, wood fiber and recycled materials from forest products during the entire operational life of the development; [PL 1989, c. 681, §2 (NEW).] C. The expected market area for wood supply necessary to supply the development; and [PL 1989, c. 681, §2 (NEW).] D. Other relevant wood supply information. [PL 1989, c. 681, §2 (NEW).] [PL 1989, c. 681, §2 (NEW).]

1-B. Advance ruling. [PL 1999, c. 468, §11 (RP).]

1-C. Long-term construction projects. The department shall adopt rules identifying requirements for a long-term construction project that allow approval of development within a specified area and within specified parameters such as maximum area and groundwater usage, although the specific nature and extent of the development or timing of construction may not be known at the time a permit for the long-term construction project is issued. The location and parameters of the development must meet the standards of this article. [PL 2011, c. 653, §19 (AMD); PL 2011, c. 653, §33 (AFF).]

1-D. Hearing required; transmission line. If an application for the development and construction of a transmission line or lines requiring approval under this article is received by the department, the department or the board, as applicable, shall hold a hearing in accordance with section 486‑A and may not issue an order without a hearing. [PL 2023, c. 644, §10 (NEW); PL 2023, c. 660, §12 (NEW).]

1-E. Public-use airports. Notwithstanding any provision of this article to the contrary, the department may not include in any permit issued pursuant to this article any conditions that, as determined by the department, would decrease safety within the air operations area at a public-use airport. As used in this subsection, the following terms have the following meanings. A. "Air operations area" has the same meaning as in 14 Code of Federal Regulations, Section 153.3, except that, for a public-use airport that does not have an airport security program, "air operations area" means those portions of the public-use airport that, as determined by the department, are substantially similar to those portions of an airport described in 14 Code of Federal Regulations, Section 153.3, including aircraft movement areas, aircraft parking areas, loading ramps and safety areas for use by aircraft and any adjacent areas not separated by adequate security systems, measures or procedures. [PL 2025, c. 329, §2 (NEW).] B. "Airport security program" means a security program approved by the United States Transportation Services Administration under 49 Code of Federal Regulations, Section 1542.101. [PL 2025, c. 329, §2 (NEW).] C. "Public-use airport" has the same meaning as in 49 United States Code, Section 47102(22). [PL 2025, c. 329, §2 (NEW).] [PL 2025, c. 329, §2 (NEW).]

2. Hearing request. If the department has issued an order without a hearing regarding any person's development, that person may request, in writing, a hearing before the board within 30 days after notice of the department's decision. This request must set forth, in detail, the findings and conclusions of the department to which that person objects, the basis of the objections and the nature of the relief requested. Upon receipt of the request, the board shall schedule and hold a hearing limited to the matters set forth in the request. Hearings must be scheduled in accordance with section 486‑A . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §92 (AMD).]

3. Failure to notify commissioner. The commissioner may, at any time with respect to any person who has commenced construction or operation of any development without having first notified the commissioner pursuant to this section, schedule and conduct a public hearing with respect to that development. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §92 (AMD).]

4. Permit display. A person issued a permit pursuant to this article for activities in a great pond watershed shall have a copy of the permit on site while work authorized by that permit is being conducted. [PL 1991, c. 838, §25 (NEW).]
38 M.R.S. § 546-C — ME Code / Title 38 / Chapter 3 / Section 546-C
38 §546-C. Wildlife rehabilitation plan
Status: in_force

1. Wildlife rehabilitation plan. The Department of Inland Fisheries and Wildlife, in consultation with the Department of Environmental Protection, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and other appropriate agencies and organizations, shall develop a plan for rehabilitation of oil spill damaged wildlife resources. This plan must include: A. Policies, priorities and guidelines to address rehabilitation activities; [PL 1991, c. 454, §6 (NEW).] B. An analysis of the cost-effectiveness of wildlife rehabilitation efforts; [PL 1991, c. 454, §6 (NEW).] C. A mechanism for the use of volunteers, with due regard for their safety; [PL 1991, c. 454, §6 (NEW).] D. Identification of needed resources and facilities for rehabilitation efforts and an inventory of those available; [PL 1991, c. 454, §6 (NEW).] E. Preliminary agreements with treatment centers or facilities; and [PL 1991, c. 454, §6 (NEW).] F. Recommendations on implementation of the plan and any required training efforts. [PL 1991, c. 454, §6 (NEW).] [PL 1991, c. 454, §6 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 2159 — ME Code / Title 38 / Chapter 24 / Section 2159
38 §2159. Real and personal property; right of eminent domain
Status: in_force

The bureau may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for public use, any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining, operating and the closure of solid waste disposal facilities. [PL 2011, c. 655, Pt. GG, §44 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 87-A — ME Code / Title 38 / Chapter 1 / Section 87-A
38 §87-A. Exceptions
Status: in_force

1. Vessels exempt. This subchapter does not apply to: A. Vessels under enrollment; [PL 1985, c. 389, §35 (NEW).] B. Fishing vessels; [PL 1985, c. 389, §35 (NEW).] C. Vessels powered predominantly by sail; [PL 1999, c. 355, §7 (AMD).] D. [PL 2011, c. 498, §1 (RP).] E. All military ships navigating the Kennebec River to and from the Bath Iron Works Corporation for the purpose of accomplishing overhaul, repair, post shakedown availability and sea trials; [PL 2025, c. 253, §3 (AMD).] F. Noncommercial foreign vessels with overall length of under 253 feet, except in the case of Portland Harbor; and [PL 2025, c. 253, §4 (AMD).] G. In the case of Portland Harbor, noncommercial foreign vessels under 350 gross tons for yacht or recreational purposes and noncommercial American vessels under 350 gross tons under registry for yacht or recreational purposes. [PL 2025, c. 253, §5 (NEW).] [PL 2025, c. 253, §§3-5 (AMD).]

2. Limitation. If any such vessel employs a pilot, the pilot is entitled to receive as compensation for that pilot's service pilotage fees in the amount established by the commission. [PL 1999, c. 355, §7 (AMD).]
38 M.R.S. § 977 — ME Code / Title 38 / Chapter 7 / Section 977
38 §977. Owner may remove on tender of damages; damages for landowner
Status: in_force

The owner of said timber may enter on said land and remove it at any time before forfeiture, having previously tendered to the owner or occupant thereof a reasonable compensation for all damages occasioned by the lodging, remaining or removal of said timber and the expense of advertising it; but if the timber is removed by the owner, or otherwise, without such tender, the owner of the land may recover, in a civil action, the damages aforesaid.
38 M.R.S. § 550 — ME Code / Title 38 / Chapter 3 / Section 550
38 §550. Enforcement; penalties
Status: in_force

Any person who causes or is responsible for a discharge in violation of section 543 is not subject to any fines or civil penalties if that person: [PL 1991, c. 66, Pt. A, §18 (RPR).]

1. Report and remove. Reports within 2 hours and promptly removes the discharge in accordance with the rules and orders of the board or commissioner; and [PL 1991, c. 66, Pt. A, §18 (RPR).]

2. Reimburse. Reimburses the department for any disbursement made from the fund in connection with the discharge pursuant to section 551, subsection 5, paragraph B within 30 days of demand. [PL 1991, c. 66, Pt. A, §18 (RPR).]
38 M.R.S. § 1302 — ME Code / Title 38 / Chapter 13 / Section 1302
38 §1302. Declaration of policy
Status: in_force

For the purposes of this chapter and chapter 24 , the Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the quality of the environment, conserve natural resources and prevent air, water and land pollution, to establish a coordinated statewide waste reduction, recycling and management program. [PL 1989, c. 585, Pt. E, §2 (RPR).]

The Legislature finds and declares that it is the policy of the State to pursue and implement an integrated approach to hazardous and solid waste management, which shall be based on the following priorities: reduction of waste generated at the source, including both the amount and toxicity of waste; waste reuse; waste recycling; waste composting; waste processing which reduces the volume of waste needing disposal, including waste-to-energy technology; and land disposal. [PL 1989, c. 585, Pt. E, §2 (RPR).]

The Legislature finds that it is in the best interests of the State to prefer waste management options with lower health and environmental risk and to ensure that such options are neither foreclosed nor limited by the State's commitment to disposal methods. The Legislature declares that it is in the public interest to aggressively promote waste reduction, reuse and recycling as the preferred methods of waste management. [PL 1989, c. 585, Pt. E, §2 (RPR).]

The Legislature finds that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource. At the same time, new technologies and industrial developments are making recycling and reuse of waste an increasingly viable and economically attractive option which carries minimal risk to the State and the environment and an option which allows the conservation of the State's limited disposal capacity. [PL 1989, c. 585, Pt. E, §2 (RPR).]

The Legislature further finds that needed municipal waste recycling and disposal facilities have not been developed in a timely and environmentally sound manner because of diffused responsibility for municipal waste planning, processing and disposal among numerous and overlapping units of local government. The Legislature also finds that direct state action is needed to assist municipalities in separating, collecting, recycling and disposing of solid waste, and that sound environmental policy and economics of scale dictate a preference for public solid waste management planning and implementation on a regional and state level. [PL 1989, c. 585, Pt. E, §2 (RPR).]

The Legislature finally declares that the provisions of this chapter shall be construed liberally to address the findings and accomplish the policies in this section. [PL 1989, c. 585, Pt. E, §2 (RPR).]
38 M.R.S. § 3113 — ME Code / Title 38 / Chapter 33 / Section 3113
38 §3113. Licensing requirements
Status: in_force

A license issued annually by the department is required before any person may initiate deposits under section 3103 , operate a redemption center under section 3109 or act as a contracted agent for the collection of beverage containers under section 3106, subsection 8 or 8‑A . [PL 2023, c. 482, §32 (AMD).]

1. Procedures; licensing fees. The department shall adopt rules establishing the requirements and procedures for issuance of licenses and annual renewals under this section, including a fee structure. [PL 2019, c. 526, §10 (AMD).]

1-A. Licensing fees. An applicant under this section shall include the following fees with a license application and an annual license renewal application. A. An applicant for approval of a redemption center shall submit a $100 license fee with an initial application and subsequent annual applications. [PL 2021, c. 186, §19 (NEW).] B. An applicant for approval as an initiator of deposit: (1) Of a small brewery as defined in Title 28‑A, section 2, subsection 29 or a small winery as defined in Title 28‑A, section 2, subsection 29‑B that produces no more than 50,000 gallons of its product or a bottler of water that annually sells no more than 250,000 containers, each containing no more than one gallon of its product, shall submit an annual license fee of $50; (2) Of a small beverage producer whose total production of all beverages from all combined manufacturing locations is less than 50,000 gallons annually shall submit an annual license fee of $50; and (3) Other than under subparagraphs (1) or (2) shall submit an annual license fee of $500. [PL 2021, c. 186, §19 (NEW).] C. An applicant for approval as a contracted agent for the collection of beverage containers shall submit a $500 annual license fee with each application. [PL 2021, c. 186, §19 (NEW).] [PL 2021, c. 186, §19 (NEW).]

2. Redemption center licensing criteria. The department shall adopt rules establishing the minimum licensing criteria for approval of redemption center licenses. The rules must include, but are not limited to, provisions regarding: A. The health and safety of the public and of redemption center employees, including sanitation protection when food is also sold on the premises; [PL 2023, c. 482, §33 (AMD).] B. The convenience for the public, including the distribution of centers by population or by distance, or both; [PL 2019, c. 526, §10 (AMD).] C. The proximity of a proposed redemption center to existing redemption centers and the potential impact that the location of a proposed redemption center may have on an existing redemption center; [PL 2023, c. 482, §33 (AMD).] D. The record of compliance with this chapter and rules adopted by the department pursuant to this chapter of a proposed owner of a redemption center; [PL 2023, c. 482, §33 (AMD).] E. The hours of operation of a proposed redemption center and existing redemption centers in the proximity of a proposed redemption center; [PL 2023, c. 482, §33 (AMD).] F. The size of a proposed redemption center, including the specific areas for customer drop-off and beverage container storage; and [PL 2023, c. 482, §33 (NEW).] G. Access to a proposed redemption center for customers and pick-up agents, including vehicle and pedestrian access and loading and unloading zones. [PL 2023, c. 482, §33 (NEW).] Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 482, §33 (AMD).]

3. Location of redemption centers; population requirements. The department may grant a license to a redemption center if the following requirements are met: A. The department may license up to 5 redemption centers in a municipality with a population over 30,000; [PL 2015, c. 166, §14 (NEW).] B. The department may license up to 3 redemption centers in a municipality with a population over 20,000 but no more than 30,000; and [PL 2015, c. 166, §14 (NEW).] C. The department may license up to 2 redemption centers in a municipality with a population over 5,000 but no more than 20,000. [PL 2015, c. 166, §14 (NEW).] For a municipality with a population of no more than 5,000, the department may license redemption centers in accordance with rules adopted by the department. [PL 2019, c. 526, §10 (AMD).]

4. Exceptions. Notwithstanding subsection 3 : A. An owner of a redemption center who is renewing the license of a redemption center licensed by the department need not comply with subsection 3 ; [PL 2025, c. 241, §14 (AMD).] B. An entity that is a distributor licensed by or registered with the department need not comply with subsection 3 ; [PL 2019, c. 526, §10 (AMD).] C. A reverse vending machine is not considered a redemption center for purposes of subsection 3 when it is located in a licensed redemption center; and [PL 2015, c. 166, §14 (NEW).] D. The department may grant a license that is inconsistent with the requirements set out in subsection 3 only if the applicant has demonstrated a compelling public need for an additional redemption center in the municipality. [PL 2015, c. 166, §14 (NEW).] [PL 2025, c. 241, §14 (AMD).]

5. Convenience standard. On or after January 15, 2026, the department shall adopt rules establishing requirements for the implementation by the cooperative of an efficient beverage container collection system of redemption centers that is adequate to serve the needs of consumers in both rural and urban areas throughout the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. The beverage container collection system to be implemented must be designed to provide a geographical distribution of redemption locations and of redemption options for consumers, including, but not limited to, manual sorting, reverse vending machines, bag drop programs and account-based bulk processing programs, including those options that provide for immediate payment of the refund value to a consumer as well as those that provide payment of the refund value within a specified period of time following beverage container drop-off. [PL 2023, c. 482, §34 (NEW).] B. In establishing requirements for the beverage container collection system to be implemented, the department shall consider geographical limitations, population densities and reasonable days and hours of operation for redemption centers and may consider options for expanding redemption opportunities for consumers at locations other than redemption centers, including, but not limited to, at dealers and transfer stations. [PL 2023, c. 482, §34 (NEW).] [PL 2025, c. 241, §15 (AMD).]
38 M.R.S. § 706 — ME Code / Title 38 / Chapter 5 / Section 706
38 §706. Assessment in gross
Status: in_force

In any case where annual damages have been determined by a judgment of the court, the owners of the dam or mills may apply to the court by a new complaint, to have the damages assessed in gross, and commissioners may be appointed as in other cases to ascertain, determine and report the damages in gross, and like proceedings shall then be had as are provided in sections 705 and 707 .
38 M.R.S. § 658 — ME Code / Title 38 / Chapter 5 / Section 658
38 §658. Timber removal on flowed lands
Status: in_force

When any person or corporation shall have decided to erect a dam across a nonnavigable stream under this chapter or under special authority granted by the Legislature, and shall have filed the specifications required by Title 35, section 11 , and it appears that standing timber or other property of value upon the land intended to be flowed will constitute a menace to the safety of such person or corporation or to persons or property upon and along the banks of said stream below the intended location of said dam, the Superior Court shall have jurisdiction, upon complaint of such person or corporation, to authorize said plaintiff to remove and sell such timber or other property and to order the payment to the owner thereof of the gross proceeds of such sale and such further sum, if any, as said court shall deem just. Said court shall require the plaintiff to furnish security for such payment and for an additional penalty not less than double the amount to be received from such sale and shall include in its decree a condition that such additional sum shall be paid to said owner as damages if the dam is not completed and the land flowed within a time to be therein specified. Such time may be extended for good cause shown.
38 M.R.S. § 349-B — ME Code / Title 38 / Chapter 2 / Section 349-B
38 §349-B. Debarment from department contracts
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Repeat violation" means a violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner when a previous violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner was found. [PL 2007, c. 300, §1 (NEW).] B. "Business" means a corporation, business trust, trust, partnership, limited liability company, association, joint venture, firm, association, organization or any other legal or commercial entity. [PL 2009, c. 360, §1 (NEW).] C. "Direct financial interest" means ownership or part ownership of a business, including lands, stocks, bonds, debentures, warrants, partnership shares or other holdings, and also means any other arrangement where the individual may benefit from that individual's holding in or salary from that business. "Direct financial interest" includes employment, pensions, creditor relationships, real property and other financial relationships. [PL 2009, c. 360, §2 (NEW).] [PL 2009, c. 360, §§1, 2 (AMD).]

2. Debarment. The commissioner may, after hearing, debar from participation in contracts with the department for 2 years any individual or business found to have committed a repeat violation when either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted. A. If an individual is debarred under this section, any business in which that individual holds a direct financial interest may also be debarred if the commissioner finds that the individual is in a position to substantially influence the business's compliance with the laws and rules administered by the department. [PL 2009, c. 360, §3 (NEW).] B. If a business is debarred under this section: (1) Any individual that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that the individual knew or should have known of the actions or inactions upon which the debarment of the business is based and was or is in a position to substantially influence the debarred business's compliance with the laws and rules administered by the department; and (2) Any other business that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that either business was or is in a position to substantially influence compliance by the other business with the laws and rules administered by the department. [PL 2009, c. 360, §3 (NEW).] [PL 2009, c. 360, §3 (AMD).]
38 M.R.S. § 3001 — ME Code / Title 38 / Chapter 31 / Section 3001
38 §3001. Short title
Status: in_force

This chapter may be known and cited as the Uniform Environmental Covenants Act. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 570-I — ME Code / Title 38 / Chapter 3 / Section 570-I
38 §570-I. Budget approval
Status: in_force

The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraphs A , C , F and H for each biennium. The budget must be submitted in accordance with Title 5, sections 1663 to 1666 . The State Controller shall authorize expenditures from the fund as approved by the commissioner. Expenditures pursuant to section 551, subsection 5, paragraphs B , D , E and I to O may be made as authorized by the State Controller following approval by the commissioner. [PL 2015, c. 319, §37 (AMD).]
38 M.R.S. § 489-E — ME Code / Title 38 / Chapter 3 / Section 489-E
38 §489-E. Rulemaking
Status: in_force

Rules adopted by the department pursuant to this article are routine technical rules except that rules adopted by the department after January 1, 2010 pursuant to section 484, subsections 1 , 3 , 4 , 4‑A , 5 , 6 and 7 are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 359, §4 (RPR).]
38 M.R.S. § 490-FF — ME Code / Title 38 / Chapter 3 / Section 490-FF
38 §490-FF. 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 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‑Y and comply with all requirements of this article. Payment of the annual fee under section 490‑EE will resume in the year when the further excavation begins. [PL 2005, c. 158, §17 (NEW).]
38 M.R.S. § 634-A — ME Code / Title 38 / Chapter 5 / Section 634-A
38 §634-A. Administering agency
Status: in_force

1. Department. The department shall administer the permit process for a hydropower project that: A. Is located wholly or partly within an organized municipality; or [PL 2009, c. 270, Pt. D, §5 (NEW).] B. Uses tidal or wave action as a source of electrical or mechanical power, regardless of the hydropower project's location. [PL 2009, c. 615, Pt. F, §2 (AMD).] [PL 2009, c. 615, Pt. F, §2 (AMD).]

2. Maine Land Use Planning Commission. The Maine Land Use Planning Commission shall administer the permit process for a hydropower project that is located wholly within the State's unorganized and deorganized areas as defined by Title 12, section 682, subsection 1 and that does not use tidal or wave action as a source of electrical or mechanical power. [PL 2009, c. 615, Pt. F, §3 (AMD); PL 2011, c. 682, §38 (REV).]
38 M.R.S. § 1310-X — ME Code / Title 38 / Chapter 13 / Section 1310-X
38 §1310-X. Future commercial waste disposal facilities
Status: in_force

1. New facilities. Notwithstanding Title 1, section 302 , the department may not approve an application for a new commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, including any applications pending before the department on or after September 30, 1989. [PL 1993, c. 355, §52 (AMD).]

2. Relicense or transfer of license. The department may relicense or approve a transfer of license for a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, if the facility had been previously licensed by the department as a commercial solid waste disposal or biomedical waste disposal or treatment facility prior to October 6, 1989, and all other provisions of law have been satisfied. [PL 1995, c. 465, Pt. A, §20 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

3. Expansion of facilities. The department may license an expansion of a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989 if: A. The department has previously licensed the facility prior to October 6, 1989; [PL 1991, c. 297, §1 (RPR).] B. The department determines that the proposed expansion is contiguous with the existing facility and: (1) Is located on property owned on December 31, 1989 by the licensee or by a corporation or other business entity under common ownership or control with the licensee; or (2) For a commercial solid waste disposal facility that is a commercial landfill facility that is not under order or agreement to close, is located on property owned by the licensee; and [PL 2011, c. 566, §1 (AMD).] C. For a commercial solid waste disposal facility the commissioner or the department determines as provided in section 1310‑N, subsection 3‑A that the facility provides a substantial public benefit. [PL 1995, c. 465, Pt. A, §21 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] The department may not process or act upon any application or license an expansion of a commercial landfill facility pursuant to this subsection until the applicant demonstrates to the department that it is in full compliance with the host community agreement pursuant to section 1310‑N, subsection 9 , if any, on the existing facility and until a host community agreement amendment is executed to account for the proposed expansion. An expanded facility may not receive a property tax exemption on real or personal property. [PL 2011, c. 566, §1 (AMD).]

4. Exemption. The following are exempt from the provisions of this section: A. A commercial biomedical waste disposal or treatment facility, if at least 51% of the facility is owned by a licensed hospital or hospitals as defined in Title 22, section 328, subsection 14 or a group of hospitals that are licensed under Title 22 acting through a statewide association of Maine hospitals or a wholly owned affiliate of the association; and [PL 2003, c. 551, §17 (AMD).] B. Expansion of a commercial solid waste disposal facility, if the expansion will not result in an increase in the facility's disposal capacity and the expansion will not be used for solid waste disposal. [PL 1995, c. 588, §1 (NEW).] [PL 2003, c. 551, §17 (AMD).]
38 M.R.S. § 2134 — ME Code / Title 38 / Chapter 24 / Section 2134
38 §2134. Marketing assistance
Status: in_force

The department shall provide marketing assistance, which may include the following elements: [PL 2011, c. 655, Pt. GG, §34 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Collection. [PL 1995, c. 465, Pt. A, §51 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Incentive program. [PL 1995, c. 465, Pt. A, §51 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

3. Information clearinghouse. An information clearinghouse on recycling markets to improve the marketing of materials to be recycled. The department shall maintain a current list of municipal recycling programs, together with a description of the recyclable materials available through the programs. The department shall also maintain listings of brokers, handlers, processors, transporters and other persons providing services and potential markets for recyclable materials. The department shall actively promote the services of the clearinghouse and shall seek to match programs with appropriate recycling businesses. The department shall make its information on recycling services available to public and private solid waste generators seeking markets or services for recyclable materials. The department shall make its technical reports and planning documents available to municipalities and regional associations on a timely basis; and [PL 2011, c. 655, Pt. GG, §35 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Brokering service. Provision for marketing and brokering services for materials when municipal and regional association efforts to market the material and the information clearinghouse are inadequate. [PL 1995, c. 656, Pt. A, §39 (AMD).]

5. Marketing development plan. [PL 1995, c. 465, Pt. A, §51 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

6. Reuse of waste. [PL 1995, c. 656, Pt. A, §39 (RP).]
38 M.R.S. § 570-N — ME Code / Title 38 / Chapter 3 / Section 570-N
38 §570-N. Rules; wastewater treatment tank systems
Status: in_force

The department may adopt rules regulating wastewater treatment tank systems, including oil-water separators and catch basins, that meet the definition of "underground oil storage tank," except that this section does not apply to: [PL 2017, c. 333, §11 (NEW).]

1. Oil-water separators. Oil-water separators and catch basins under section 570‑F, subsection 2 ; and [PL 2017, c. 333, §11 (NEW).]

2. Storm water or wastewater collection. Storm water or wastewater collection systems or flow-through tanks. [PL 2017, c. 333, §11 (NEW).]

The department may adopt rules under this section for wastewater treatment tank systems relating to registration, tank construction, financial assurance and discharge response and corrective action. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 333, §11 (NEW).]
38 M.R.S. § 1101-A — ME Code / Title 38 / Chapter 11 / Section 1101-A
38 §1101-A. Fees
Status: in_force

The commissioner may establish reasonable application fees for processing applications for the formation of districts under this chapter or chapter 11‑A . The commissioner shall place these fees into a nonlapsing dedicated revenue account, and funds from the account may be used by the department or the board only to pay costs associated with processing applications for the formation of districts under this chapter or chapter 11‑A . [PL 2005, c. 556, §3 (NEW).]
38 M.R.S. § 493 — ME Code / Title 38 / Chapter 3 / Section 493
38 §493. Membership of commission -- Article III
Status: in_force

The commission consists of 5 commissioners from each signatory state, each of whom must be a resident voter of the state from which the commissioner is appointed. The commissioners must be chosen in the manner and for the terms provided by law of the state from which they are appointed. For each state there must be on the commission a member representing the state health department, a member representing the state water pollution control board, if such exists, and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests and a member representing an agency acting for fisheries or conservation. [RR 2021, c. 2, Pt. B, §237 (COR).]
38 M.R.S. § 2101-B — ME Code / Title 38 / Chapter 24 / Section 2101-B
38 §2101-B. Food recovery hierarchy
Status: in_force

1. Priorities. It is the policy of the State to support the solid waste management hierarchy in section 2101 by preventing and diverting food waste from land disposal or incineration and by ensuring the management of food waste in accordance with section 2147 and the following order of priority: A. Reduction of the volume of food waste generated at the point of generation; [PL 2025, c. 419, §2 (AMD).] B. Donation of excess edible food to food rescue organizations or similar entities that will use the food for human consumption; [PL 2025, c. 419, §2 (AMD).] C. Diversion of food waste for agricultural use, including consumption by animals; [PL 2025, c. 419, §2 (AMD).] D. [PL 2025, c. 419, §2 (RP).] D-1. Composting or anaerobic digestion of food waste, which may include energy recovery, and subsequent soil application as long as the food waste is not mixed with sludge or septage during composting or anaerobic digestion and before soil application; [PL 2025, c. 419, §2 (NEW).] D-2. Anaerobic digestion of food waste not followed by soil application; and [PL 2025, c. 419, §2 (NEW).] E. Land disposal or incineration of food waste. [PL 2025, c. 419, §2 (AMD).] [PL 2025, c. 419, §2 (AMD).]

2. Guiding principle. It is the policy of the State to use the order of priority in this section, in conjunction with the order of priority in section 2101 , as a guiding principle in making decisions related to solid waste and organic materials management. [PL 2015, c. 461, §1 (NEW).]
38 M.R.S. § 2007 — ME Code / Title 38 / Chapter 23 / Section 2007
38 §2007. Powers
Status: in_force

A watershed district has the following powers. [PL 1987, c. 711 (NEW).]

1. General. Any district organized under this chapter may sue and be sued; make contracts; accept gifts, purchase, lease, devise or otherwise acquire, hold or dispose of real or personal property; disburse money; contract debt; adopt rules; and do such other acts as necessary to carry out the purposes of the district. [PL 1987, c. 711 (NEW).]

2. Security required. The district may require that a contracting party give adequate security to assure performance of the contract and to pay all damages which may arise from inadequate performance. [PL 1987, c. 711 (NEW).]

3. Responsibilities. The district is responsible for those activities listed in the declaration of district responsibilities as approved in accordance with section 2002 . The activities are limited to the following: A. Initiating and coordinating research and surveys for the purpose of gathering data on wetlands, water bodies, related shorelands and watersheds within the territory of the district; [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] B. Planning natural resource restoration projects; [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] C. Contacting and attempting to secure the cooperation of municipal officials and state agencies for the purpose of enacting and enforcing ordinances and regulations necessary to further the purposes of the district; [PL 1987, c. 711 (NEW).] D. Adopting and implementing natural resource protection, management and restoration plans; [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] E. Adopting and implementing plans and programs to facilitate coordination of water level management and surface water use on great ponds within the territory of the district; and [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] F. Entering into agreements with a municipality or group of municipalities that are wholly or partially within the district to administer the land use ordinances of that municipality or group of municipalities. [PL 1993, c. 721, Pt. E, §4 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).] [PL 1993, c. 721, Pt. E, §4 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

4. Limits on jurisdiction. The limits on jurisdiction regarding the regulation of water level are as follows. A. The district has no authority to set a water level regime for a body of water impounded by a dam that is exempt, under section 840, subsection 1 , from the authority of the commissioner to set water level regimes. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §287 (AMD).] B. The district's authority to set a water level regime for any water body within its boundaries and over any dams within its boundaries is subordinate to the authority of a municipality under Title 30‑A, chapter 187, subchapter VI and to the authority of the Department of Environmental Protection under chapter 5, subchapter I, article 1, subarticle 1‑B, article 3‑A and article 4 . [PL 1993, c. 721, Pt. E, §5 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] [PL 1993, c. 721, Pt. E, §5 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
38 M.R.S. § 653 — ME Code / Title 38 / Chapter 5 / Section 653
38 §653. --injury to existing mill or canal
Status: in_force

No such dam shall be erected or canal constructed to the injury of any mill or canal lawfully existing on the same stream; nor to the injury of any mill site, on which a mill or milldam has been lawfully erected and used, unless the right to maintain a mill thereon has been lost or defeated.
38 M.R.S. § 587 — ME Code / Title 38 / Chapter 4 / Section 587
38 §587. Variances
Status: in_force

Any person who owns or is in control of any source for which an air emission license was granted and construction was commenced prior to January 6, 1975, or a source other than a new or modified major stationary source for which an air emission license is granted after January 6, 1975, may apply to the department for a variance from ambient air quality standards or emission standards promulgated under this chapter. The application must be accompanied by such information and data as the department may reasonably require. The department may grant the variance if it finds that: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §161 (AMD).]

1. No danger to human health or safety. The emissions occurring or proposed to occur do not endanger human health or safety; [PL 1979, c. 381, §9 (AMD).]

2. Compliance to produce hardship. Compliance with the rules or regulations from which variance is sought would produce serious hardships; and [PL 1979, c. 381, §9 (AMD).]

3. Violation. The variance will not cause or contribute to a violation of the applicable ambient air increment. [PL 1983, c. 566, §41 (AMD).]

No variance may be granted except after opportunity for a public hearing in the municipality where the applicant maintains the building or business in connection with which the variance is sought. [PL 1983, c. 566, §41 (AMD).]

If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention, abatement or control of the air pollution involved, it is good only until the necessary means for prevention, abatement or control become known and available and subject to the taking of such reasonable substitute or alternate measures as the department may prescribe. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §162 (AMD).]

If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it is for a period not to exceed such reasonable time as the department finds is requisite for the taking of the necessary measures. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §162 (AMD).]

If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in subsections 1 and 2 , it is only for such time as the department considers reasonable. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §162 (AMD).]

Any variance may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance. If complaint is made to the department on account of the variance, no renewal of the variance may be granted, unless following public hearing on the complaint on due notice, the department finds that renewal is justified. No renewal may be granted except on application therefor. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §162 (AMD).]

Any person adversely affected by a variance or renewal granted by the board may obtain judicial review thereof by a proceeding in the Superior Court. Judicial review of the denial of a variance or denial of renewal thereof may be had only on the ground that the denial was arbitrary or capricious. [PL 1971, c. 618, §12 (AMD).]

Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application of the emergency provisions and procedures of section 347‑A, subsection 3 , to any person or that person's property. [PL 1989, c. 878, Pt. A, §115 (AMD).]

Any owner or operator of a new or modified major emitting source who applies for an air emission license after January 6, 1975, shall not be eligible for a variance from ambient air quality standards, including applicable ambient air increments, except that the source may apply for a variance to increments applicable to mandatory federal Class I areas under the terms and conditions set forth in section 165(d) of the Federal Clean Air Act, 42 United States Code Annotated, section 7475(d). [PL 1979, c. 381, §11 (NEW).]
38 M.R.S. § 470-B — ME Code / Title 38 / Chapter 3 / Section 470-B
38 §470-B. Threshold volumes for reporting
Status: in_force

Except as otherwise provided in this article, a person making a water withdrawal in excess of the threshold volumes established in this section shall file a water withdrawal report in accordance with section 470‑D covering the 12 months ending on the previous September 30th. The threshold volumes for reporting are as follows. [PL 2001, c. 619, §1 (NEW).]

1. Withdrawals from river, stream or brook. The threshold volume for reporting on withdrawals from a river, stream or brook or groundwater within 500 feet of a river, stream or brook is 20,000 gallons on any day or, if the watershed area at the point of withdrawal exceeds 75 square miles, a volume in gallons per day for any day that is: A. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on historical flows for rivers, streams or brooks with an adequate record of gauge data; [PL 2001, c. 619, §1 (NEW).] B. One percent of the estimated low-flow volume of water to occur for 7 days once in 10 years based on an estimated low-flow value for a river, stream or brook below a dam where flow is limited by gate settings or leakage; or [PL 2001, c. 619, §1 (NEW).] C. If paragraphs A and B are not applicable, then a threshold volume calculated using the formula V=168.031 times A to 1.1 power, where V is the volume in gallons per day and A is the watershed area in square miles. [PL 2001, c. 619, §1 (NEW).] [PL 2001, c. 619, §1 (NEW).]

2. Withdrawals from GPA lake or pond or certain groundwater sources. The threshold volume for reporting on withdrawals from a Class GPA lake or pond or groundwater within 500 feet of the lake or pond is determined from the following table: Lake area in acres gallons/ week < 10 30,000 10-30 100,000 31-100 300,000 101-300 1,000,000 301-1000 3,000,000 1001-3000 10,000,000 3001-10,000 30,000,000 [PL 2001, c. 619, §1 (NEW).]

3. Withdrawals from other groundwater sources. The threshold volume for reporting on withdrawals from groundwater greater than 500 feet from a river, stream, brook or GPA classified lake or pond is 50,000 gallons on any day, unless the person making the water withdrawal demonstrates to the department's satisfaction that the withdrawal will not impact any adjacent surface water body. [PL 2001, c. 619, §1 (NEW).]
38 M.R.S. § 97 — ME Code / Title 38 / Chapter 1 / Section 97
38 §97. Authority of pilots
Status: in_force

A pilot licensed under this subchapter may pilot any vessel required to take a state pilot anywhere upon the pilotage area for which the pilot is licensed. [PL 1999, c. 355, §18 (AMD).]
38 M.R.S. § 3302 — ME Code / Title 38 / Chapter 37 / Section 3302
38 §3302. Prohibition on nonwater-dependent floating structures
Status: in_force

Except as otherwise provided in this chapter, a person may not place or use a nonwater-dependent floating structure in, on or over internal waters. [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 1493 — ME Code / Title 38 / Chapter 14-A / Section 1493
38 §1493. Low-level radioactive waste disposal referendum
Status: in_force

A low-level radioactive waste disposal or storage facility may not be constructed or operated in the State unless the construction or operation is approved by a majority of the voters voting on the construction or operation in a statewide election. The election must be held in the manner prescribed by law for holding a statewide election and in accordance with the procedures set forth in Title 35‑A, section 4302 . The voters must be asked to vote on the acceptance or rejection of construction or operation by voting on the following question: "Do you approve (insert construction or operation) of a low-level radioactive waste (insert disposal or storage) facility as proposed for (insert location)?" [PL 1995, c. 642, §21 (AMD).]

This question must be submitted to the legal voters of the State at the next following statewide election after a decision by the United States Nuclear Regulatory Commission to approve a low-level radioactive waste facility. The construction or operation of the facility may not commence prior to the election. [PL 1995, c. 642, §21 (AMD).]
38 M.R.S. § 571 — ME Code / Title 38 / Chapter 3 / Section 571
38 §571. Corrupting waters forbidden
Status: in_force

1. Prohibition. A person may not: A. Intentionally or knowingly poison, defile or in any way corrupt the water of any well, spring, brook, lake, pond, river or reservoir used for domestic drinking purposes; [PL 2009, c. 550, §9 (NEW).] B. Knowingly corrupt the sources of any public water supply, or the tributaries of those sources of supply, in a manner that affects the purity of the water supplied; [PL 2009, c. 550, §9 (NEW).] C. Knowingly defile waters identified in paragraphs A and B in any manner, whether the water is frozen or not; or [PL 2009, c. 550, §9 (NEW).] D. Put a carcass of any dead animal or other offensive material in waters identified in paragraphs A and B or on the ice of those waters. A person may place the carcass of a dead animal on the ice of a brook, great pond or river for purposes of coyote hunting as long as the carcass is removed before the ice supporting that carcass is gone. This paragraph does not authorize a person to enter the property owned by another person without the permission of the property owner. [PL 2009, c. 550, §9 (NEW).] [PL 2009, c. 550, §9 (NEW).]

2. Penalty. A person who violates this section commits a Class A crime. [PL 2009, c. 550, §9 (NEW).]
38 M.R.S. § 362-A — ME Code / Title 38 / Chapter 3 / Section 362-A
38 §362-A. Experiments and scientific research in the field of pollution and pollution control
Status: in_force

Notwithstanding any other law administered or enforced by the department, the board is authorized to permit persons to discharge, emit or place any substances on the land or in the air or waters of the State, in limited quantities and under the strict control and supervision of the commissioner or the commissioner's designees, exclusively for the purpose of scientific research and experimentation in the field of pollution and pollution control. The research and experimentation conducted under this section is subject to such terms and conditions as the board determines necessary in order to protect the public's health, safety and general welfare, and may be terminated by the board or commissioner at any time upon 24 hours' written notice. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §19 (AMD).]

Prior to applying for approval of any project involving discharge of petroleum products to tidal waters under this section, the applicant shall first obtain written approval from the municipal officers of the municipality in which the project is proposed to take place. The applicant shall provide the municipal officers with a complete description of the project at least 90 days prior to the proposed date of the project. The municipal officers may hold a public hearing, provided that it is held within 45 days of the filing of the application with the municipality. The municipal officers shall approve a project within 60 days of receipt if they find that the project will not constitute a hazard to the health, safety or welfare of the residents of the municipality. [PL 1981, c. 623 (NEW).]
38 M.R.S. § 1367 — ME Code / Title 38 / Chapter 13-B / Section 1367
38 §1367. Liability; recovery by the State for abatement, clean-up or mitigation costs and for damages
Status: in_force

Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and each responsible party is jointly and severally liable for all costs incurred by the State for the abatement, cleanup or mitigation of the threats or hazards posed or potentially posed by an uncontrolled site, including, without limitation, all of the State's costs of acquiring property. Each responsible party also is jointly and severally liable for damages for injury to, destruction of, loss of or loss of use of natural resources of the State, the reasonable costs of assessing natural resources damages and the costs of preparing and implementing a natural resources restoration plan. The commissioner shall demand reimbursement of costs, including interest, and payment of damages to be recovered under this section. The interest rate charged may not exceed the prime rate of interest plus 4%. Interest must be computed beginning 60 days from the date of a payment demand by the commissioner. Payment must be made promptly by the responsible party or parties upon whom the demand is made. Requests for reimbursement to the Uncontrolled Sites Fund, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General pursuant to Title 5, section 191 . The Attorney General or an attorney retained by the department may file suit in the Superior Court and, in addition to relief provided by other law, may seek punitive damages. Notwithstanding the time limits stated in this paragraph, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability. [PL 2023, c. 510, §2 (AMD).]

In any suit filed under this section, the State need not prove negligence in any form or matter by a defendant. The State need only prove that a defendant is a responsible party, as defined in section 1362 , and the site poses or posed or potentially poses or posed a threat or hazard to the health, safety or welfare of any citizen of the State or the environment of the State, to which the acts or omissions of the defendant are or were causally related. [PL 1983, c. 569, §1 (NEW).]

A person who would otherwise be a responsible party is not subject to cost recovery by the State for the State's abatement, clean‑up or mitigation costs or for damages under this section, if the person can establish by a preponderance of the evidence that threats or hazards posed or potentially posed by an uncontrolled site, for which threats or hazards the person would otherwise be responsible, were caused solely by: [PL 2023, c. 510, §2 (AMD).]

1. Act of God. An act of God; [PL 1983, c. 569, §1 (NEW).]

2. Act of war. An act of war; [PL 1983, c. 569, §1 (NEW).]

3. Act or omission. An act or omission of a 3rd party who is not that person's employee or agent. A person seeking relief from liability for the acts or omissions of a 3rd party shall also demonstrate by a preponderance of the evidence that that person exercised due care with respect to the hazardous substance and uncontrolled site concerned, taking into consideration the characteristics of that substance and site, in light of all relevant facts and circumstances and that that person took precautions against foreseeable acts or omissions of any such 3rd party and the consequences that could foreseeably result from such acts or omissions. A. For purposes of this subsection, a person may demonstrate the exercise of due care with respect to any uncontrolled site that that person has acquired after hazardous substances were located on that uncontrolled site, if that person shows that at the time that person acquired the uncontrolled site the person did not know and had no reason to know that any hazardous substance that is the subject of the release or threatened release was disposed on, in or at the uncontrolled site. [PL 1991, c. 81 (NEW).] B. To establish that a person meets the criteria of paragraph A, a person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of this paragraph, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice consists of: (1) For a property acquisition after October 31, 2006, conducting all appropriate inquiries in accordance with the United States Environmental Protection Agency's All Appropriate Inquiries Rule, 40 Code of Federal Regulations, Part 312 (2023); and (2) For a property acquisition after December 31, 1993 and before November 1, 2006, conducting a Phase I Environmental Site Assessment in accordance with the ASTM E1527‑21 standard in effect at the time of purchase. For a property acquisition prior to January 1, 1994, the State and the court shall take into account any specialized knowledge or experience on the part of the person, the relationship of the purchase price to the value of the property if uncontaminated, commonly known or reasonably ascertainable information about the property, the obviousness of the presence or likely presence of contamination of the property and the ability to detect that contamination by appropriate inspection. [PL 2023, c. 510, §2 (AMD).] C. The 3rd‑party defense provided by this subsection is not available to defend against any claim, administrative proceeding or civil action pursuant to section 1365 or any other provision of this chapter; or [PL 2023, c. 510, §2 (NEW).] [PL 2023, c. 510, §2 (AMD).]

4. Combination. Any combination of the foregoing subsections. [PL 1983, c. 569, §1 (NEW).]

Funds recovered under this section must be deposited into the Uncontrolled Sites Fund and must be used by the department to carry out the purposes of this chapter. [PL 2023, c. 510, §2 (AMD).]
38 M.R.S. § 1364 — ME Code / Title 38 / Chapter 13-B / Section 1364
38 §1364. Powers and duties of the department
Status: in_force

1. Technical services. The commissioner shall establish a technical services capability within the department to assist in the identification, evaluation and mitigation of uncontrolled hazardous substance sites. [PL 1983, c. 569, §1 (NEW).]

2. Rules. The board may adopt rules related to the handling of hazardous substances; the investigation, abatement, mitigation and cleanup of spills of hazardous substances; and the investigation, designation and mitigation of uncontrolled hazardous substance sites. The board may provide by rule that any person who knows or has reason to believe that any hazardous substance is present in ground water or soils beneath a site which is owned or operated by that person provide notice of that condition to the department if the concentration of the hazardous substance in ground water exceeds state or federal recommended contaminant levels for drinking water or the concentration in soils exceeds contaminant levels established by the board. [PL 1993, c. 355, §60 (AMD).]

3. Investigation and evaluation. The commissioner may investigate and sample sites where hazardous substances are stored or handled to identify uncontrolled hazardous substance sites. During the course of the investigation, the commissioner may require submission of information or documents that relate or may relate to the site under investigation from any person whom the commissioner has reason to believe may be a responsible party. The information may include the nature and amounts of hazardous substances or other wastes that arrived or may have arrived at the site, manner of transportation, treatment or disposal of the hazardous substances or other wastes and any other information relating to the site or to threats posed by the potential site. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §266 (AMD).]

4. Designation. In accordance with section 1365 , the commissioner may declare a site to be an uncontrolled hazardous substance site. The designation may be appealed only upon the issuance of an order pursuant to section 1365, subsection 2 , as provided in section 1365, subsection 4 . [PL 1987, c. 419, §13 (AMD).]

5. Mitigation. The commissioner may take whatever action necessary to abate, clean up or mitigate the threats or hazards posed or potentially posed by an uncontrolled site or to protect the public health, safety or welfare or the environment, including administering or carrying out measures to abate, clean up or mitigate the threats or hazards, and implementing remedies to remove, store, treat, dispose of or otherwise handle hazardous substances located in, on or over an uncontrolled site, including soil and water contaminated by hazardous substances. When the necessary action includes the installation of a public water supply or the extension of mains of an existing water utility, the department's obligation is limited to construction of those works that are necessary to furnish the contaminated or potentially contaminated properties with a supply of water sufficient for existing uses. The department is not obligated to contribute to a water utility's system development charge, nor to provide works or water sources exceeding those required to abate the threats or hazards posed by the uncontrolled site. The department may pay the costs of operation, maintenance and depreciation of the works or water supply for a period not exceeding 20 years if funds are available from Other Special Revenue or proceeds from the sale of bonds. If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with a hazardous substance: A. Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1 ; and [PL 1995, c. 462, Pt. A, §78 (AMD).] B. The obligation of the commissioner or any responsible party under this chapter with regard to replacement or treatment of the well is limited to reimbursement of the expense of installing the well and its proper abandonment if the well is installed in an area other than one described in paragraph A . The well owner is responsible in such a case for other expenses of replacing or treating the water supply well, including the cost of any pump or piping installed with the well. [PL 1995, c. 462, Pt. A, §78 (AMD).] For purposes of this subsection, "viable community public water system" has the same meaning as in section 548. [PL 1995, c. 462, Pt. A, §78 (AMD).]

6. Accept funds. The department may accept any public or private funds which may be available for carrying out the purposes of this chapter. The Uncontrolled Sites Fund is established to be used by the department as a nonlapsing revolving fund for carrying out the purposes of this chapter, including the long-term oversight of uncontrolled hazardous substance sites. Money in the fund, not needed currently to meet the obligations of the department in the exercise of its responsibilities under this chapter, shall be deposited with the Treasurer of State to the credit of the fund and may be invested in such a manner as is provided for by law. Interest received on that investment shall be credited to the fund. [PL 1987, c. 192, §29 (AMD).]

7. Acquisition of property; authority. The department may acquire, by purchase, lease, condemnation, donation or otherwise, any real property or any interest in real property that the board in its discretion determines, by 2/3 majority vote, is necessary to conduct remedial actions in response to threats or hazards posed or potentially posed by an uncontrolled site, including, but not limited to: A. Actions to prevent further threats or hazards and to mitigate or terminate the threats or hazards; [PL 1991, c. 312, §2 (NEW).] B. Actions to clean up soils and ground water and remove hazardous substances from an uncontrolled site; and [PL 1991, c. 312, §2 (NEW).] C. Replacement of water supplies contaminated or threatened by hazardous substances. [PL 1991, c. 312, §2 (NEW).] The department may exercise the right of eminent domain in the manner described in Title 35‑A, chapter 65 , to take and hold real property for any of the purposes described in this subsection. The commissioner shall report on the circumstances of any taking by eminent domain to the joint standing committee of the Legislature having jurisdiction over natural resource matters during the next regular session following the acquisition of any property by eminent domain. The department may transfer or convey to any person real property or any interest in real property once acquired. [PL 1991, c. 312, §2 (NEW).]
38 M.R.S. § 1279 — ME Code / Title 38 / Chapter 12-A / Section 1279
38 §1279. Renewal
Status: in_force

Each license or certificate issued under this chapter expires one year after the date of issue. Licensees or certificate holders may apply to the commissioner for the renewal of a license or certificate. No renewal may be granted if the application is received more than 2 years following expiration of the previously issued license or certificate. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §221 (AMD).]

To qualify for renewal of a license or certificate, the applicant shall submit: [PL 1987, c. 448, §1-C (NEW).]

1. Fee. The appropriate fee as prescribed in section 1278 ; [PL 1987, c. 448, §1-C (NEW).]

2. Training. Evidence of completion of any continuing education or training that may be required by rules promulgated by the board; and [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §222 (AMD).]

3. Disclosure. A signed statement disclosing any violations of asbestos abatement standards for which the applicant may have been cited by a regulatory agency of the Federal Government or the State. If no citations were received during the previous year, that fact shall be stated. The disclosure shall include evidence that all penalties and fees assessed to the applicant are paid in full. [PL 1987, c. 448, §1-C (NEW).]
38 M.R.S. § 46 — ME Code / Title 38 / Chapter 1 / Section 46
38 §46. Jurisdiction; impersonation; penalty
Status: in_force

In the cities and towns for which they are elected, port wardens shall have exclusive jurisdiction in all matters pertaining to their duties, as specified in this subchapter and subchapters III , IV and V . Any other person who performs or attempts to perform any such duties in any city or town wherein there is a port warden forfeits for each offense $100, to be recovered in a civil action by any prosecutor.
38 M.R.S. § 959-B — ME Code / Title 38 / Chapter 6 / Section 959-B
38 §959-B. Permits with conditions
Status: in_force

Permits granted under this chapter may be made subject to such reasonable conditions concerning setback, location, spacing, size of structure or development, type of construction, time of completion, landscaping, retention of trees, screening, reclamation, erosion control, noise level, quantity and quality of discharge, sewage disposal and manner and method of operation, as the commission deems necessary to avoid the dangers enumerated in section 959‑A . For the purpose of enforcement, permits issued by the commission and conditions thereof shall be considered as orders of the commission. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 553 — ME Code / Title 38 / Chapter 3 / Section 553
38 §553. Interstate Compact, authority
Status: in_force

In accordance with subchapter II the Governor of this State is authorized and directed to execute supplementary agreements with any one or more of the states comprising the New England Interstate Water Pollution Control Commission and the United States for the purpose of implementing and carrying out the provisions, limitations, qualifications and intent of this subchapter. [PL 1969, c. 572, §1 (NEW).]
38 M.R.S. § 771 — ME Code / Title 38 / Chapter 5 / Section 771
38 §771. Flowage rights not affected
Status: in_force

Nothing in sections 772 to 776 affects any right of flowage or damage therefor.
38 M.R.S. § 1310-G — ME Code / Title 38 / Chapter 13 / Section 1310-G
38 §1310-G. Time schedules for closure of existing facilities
Status: in_force

The department shall establish, as part of a municipal landfill closure and remediation plan, reasonable time schedules for the implementation of the plan. [PL 1993, c. 732, Pt. C, §18 (AMD).]

1. Criteria. In establishing the time schedule, the department shall consider the following criteria: A. The level of environmental and public health hazard posed by the landfill in its current state; [PL 1987, c. 517, §25 (NEW).] B. The availability of reasonable, alternative disposal options available to the municipality following closure of the existing landfill; [PL 1993, c. 732, Pt. C, §18 (AMD).] C. The period reasonably needed by the municipality to raise its share of plan costs; and [PL 1993, c. 732, Pt. C, §18 (AMD).] D. The availability of state cost-share funds for the project. [PL 1993, c. 732, Pt. C, §18 (NEW).] [PL 1993, c. 732, Pt. C, §18 (AMD).]

2. Violation of schedule. [PL 1993, c. 355, §50 (RP).]
38 M.R.S. § 372 — ME Code / Title 38 / Chapter 3 / Section 372
38 §372. Exceptions
Status: in_force

Nothing contained in this subchapter shall limit the powers of the State to initiate, prosecute and maintain actions to abate public nuisances to the extent consistent with the public interest, nor shall any license granted under this subchapter constitute a defense to any action at law for damages. [PL 1971, c. 527, §5 (AMD).]
38 M.R.S. § 1395 — ME Code / Title 38 / Chapter 13-D / Section 1395
38 §1395. Installation requirements for aboveground heating oil supply tanks in the wellhead protection zone of a community drinking water well
Status: in_force

Effective July 1, 2009, a person may not install an aboveground heating oil supply tank in the wellhead protection zone of a community drinking water well unless the tank: [PL 2007, c. 569, §6 (NEW).]

1. Double-walled or secondary containment. Is a double-walled tank or has secondary containment approved by the commissioner; [PL 2007, c. 569, §6 (NEW).]

2. Independent testing authority. And any secondary containment are listed and approved by a nationally recognized, independent testing authority; and [PL 2007, c. 569, §6 (NEW).]

3. Licensed professional. Is installed by a journeyman or master oil and solid fuel burning technician licensed by the Maine Fuel Board under Title 32, section 18132 or 18133 or, in the case of an outside tank serving manufactured housing, by any person licensed by the Maine Fuel Board under Title 32, section 18140 to install such tanks. [PL 2009, c. 344, Pt. D, §14 (AMD); PL 2009, c. 344, Pt. E, §2 (AFF).]

The requirements of this section do not apply to tanks with a capacity of more than 660 gallons or to tanks at an aboveground oil storage facility with an aggregate tank capacity of more than 1,320 gallons. The requirements of this section are in addition to any other installation standards provided for in law or rule. [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 88 — ME Code / Title 38 / Chapter 1 / Section 88
38 §88. Piloting without license
Status: in_force

It is unlawful for any person not licensed as a pilot under this subchapter to pilot or offer to pilot a vessel not exempt from this subchapter. Any person found to be in violation of this subchapter must be assessed a fine not to exceed $5,000 for each instance of piloting, or offering to pilot without a license. Violation of this provision is a Class E crime. [PL 1999, c. 355, §8 (AMD).]
38 M.R.S. § 584-B — ME Code / Title 38 / Chapter 4 / Section 584-B
38 §584-B. Establishment of ambient increments -- Class I regions
Status: in_force

In addition to the ambient air quality standards set forth in section 584‑A , any Class I region or part thereof within the State, including those federal lands designated by the Federal Clean Air Act Amendments of 1977, is subject to a maximum allowable increase in concentration of sulfur dioxide, particulate matter and nitrogen oxides over the baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period other than an annual period. The maximum allowable increase consists of: [PL 1989, c. 860, §1 (AMD).]

1. PM10. In regards to PM10: A. An increase in the annual arithmetic mean at any location not to exceed 4 micrograms per cubic meter; and [PL 1995, c. 493, §12 (AMD).] B. An increase in concentration for any 24-hour period at any location not to exceed 8 micrograms per cubic meter; and [PL 1995, c. 493, §12 (AMD).] [PL 1995, c. 493, §12 (AMD).]

2. Sulfur dioxide. In regards to sulfur dioxide: A. An increase in the annual arithmetic mean at any location not to exceed 2 micrograms per cubic meter; [PL 1979, c. 381, §7 (NEW).] B. An increase in concentration for any 24-hour period at any location not to exceed 5 micrograms per cubic meter; and [PL 1979, c. 381, §7 (NEW).] C. An increase in concentration for any 3-hour period at any location not to exceed 25 micrograms per cubic meter. [PL 1979, c. 381, §7 (NEW).] [PL 1979, c. 381, §7 (NEW).]

3. Nitrogen oxides. In regards to nitrogen oxides: A. An increase in the annual arithmetic mean at any location not to exceed 2.5 micrograms per cubic meter to be expressed as nitrogen dioxide. [PL 1989, c. 860, §2 (NEW).] [PL 1989, c. 860, §2 (NEW).]
38 M.R.S. § 357 — ME Code / Title 38 / Chapter 2 / Section 357
38 §357. Procedure
Status: in_force

Within 90 days of the completion of litigation or settlement for which compensation for legal expenses is available under section 356 , a municipality may apply to the commissioner for reimbursement of those expenses that have not been awarded to it by the court and paid pursuant to Title 30‑A, section 4452, subsection 3, paragraph D . The commissioner shall make an award of compensation that the commissioner determines to be just under the circumstances. In order to be awarded compensation, it is not necessary that the municipality prevail in the litigation or the settlement, but only that its position be determined by the commissioner to have been reasonable. Awards are made on a first-come first-served basis. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §17 (AMD).]
38 M.R.S. § 480-GG — ME Code / Title 38 / Chapter 3 / Section 480-GG
38 §480-GG. High and moderate value inland waterfowl and wading bird habitat and excavations and quarries authorized pursuant to article 6, 7 or 8-A
Status: in_force

1. Excavation authorized before June 8, 2006. Unless a permit is required due to the presence of a protected natural resource other than a high and moderate value inland waterfowl and wading bird habitat, an excavation or quarry that was authorized pursuant to article 6 , 7 or 8‑A before June 8, 2006 is not required to obtain a permit pursuant to this article for excavation within the upland portion of a high and moderate value inland waterfowl and wading bird habitat. If a permit is required pursuant to this article due to the presence of a protected natural resource other than a high and moderate value inland waterfowl and wading bird habitat, an excavation or quarry that was authorized pursuant to article 6 , 7 or 8‑A before June 8, 2006 is not required to meet standards associated solely with the upland portion of a high and moderate value inland waterfowl and wading bird habitat. [PL 2007, c. 616, §1 (NEW).]

2. Permits not authorized. The department may not issue a permit pursuant to this article for an excavation or quarry authorized pursuant to article 6 , 7 or 8‑A and located in, on or over the wetland portion of a high and moderate value inland waterfowl and wading bird habitat. The department may not issue a permit pursuant to this article for an excavation or quarry requiring authorization pursuant to article 6 , 7 or 8‑A after June 8, 2006 and located in the upland portion of a high and moderate value waterfowl and wading bird habitat. [PL 2007, c. 616, §1 (NEW).]
38 M.R.S. § 545-B — ME Code / Title 38 / Chapter 3 / Section 545-B
38 §545-B. Registration of transportation of oil in inland areas
Status: in_force

Effective October 1, 1988, any person who transports by rail or highway more than 25 barrels of oil into Maine at any one time must register annually with the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §112 (AMD).]
38 M.R.S. § 89 — ME Code / Title 38 / Chapter 1 / Section 89
38 §89. Maine Pilotage Commission members
Status: in_force

The Maine Pilotage Commission, as established by Title 5, section 12004‑A, subsection 40 , consists of 7 members who are citizens of the United States and the State appointed by the Governor as follows: Three licensed pilots who are actively piloting, one member from each of the coastal zones; 2 members who are not licensed pilots but are from a maritime industry that utilizes the services of pilots; one member who is not a licensed pilot but has a maritime background, from a list of qualified potential appointees provided by the mayor of the City of Portland and the mayor of the City of South Portland; and one member representing the public who is not a licensed pilot but has a maritime background. Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009 . The members of the commission are entitled to compensation according to Title 5, chapter 379 . [PL 2025, c. 253, §6 (AMD).]
38 M.R.S. § 480-DD — ME Code / Title 38 / Chapter 3 / Section 480-DD
38 §480-DD. Significant wildlife habitat criteria; reduction in certain significant wildlife habitats due to development or topography
Status: in_force

Although an area is otherwise in conformance with significant wildlife habitat criteria adopted by the department for shorebird nesting, feeding, roosting and staging areas, or high and moderate value inland waterfowl and wading bird habitat, the Department of Inland Fisheries and Wildlife may determine that a specific portion of the area is no longer this type of significant wildlife habitat due to the topography or impact of development in existence on June 8, 2006 and continuing in existence as of the date of the determination. [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]

1. Factors. When determining whether an area is no longer a significant wildlife habitat, the Department of Inland Fisheries and Wildlife may consider factors such as species present or exiting and potential use of the area by birds, levels of disturbance, screening, development density, land use, presence of cliffs or bluffs and any mitigating factors. [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]

2. Exclusions. The Department of Inland Fisheries and Wildlife may not exclude an area from a significant wildlife habitat designation if future development of the area might unreasonably degrade the remaining significant wildlife habitat, unreasonably disturb the birds or unreasonably affect the continued use of the remaining significant wildlife habitat by the birds. [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]

For purposes of this section, "development" means the area of property altered, including, but not limited to, buildings, roads, driveways, parking areas, wastewater disposal systems and lawns and other nonnative vegetation as determined by the department. [PL 2007, c. 290, §8 (NEW); PL 2007, c. 290, §15 (AFF).]
38 M.R.S. § 549 — ME Code / Title 38 / Chapter 3 / Section 549
38 §549. Personnel and equipment
Status: in_force

The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter, and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the Maine Ground and Surface Waters Clean-up and Response Fund established by this subchapter. The commissioner and the Director of the Division of Geology, Natural Areas and Coastal Resources shall periodically consult with each other relative to procedures for the prevention of oil discharges into the coastal waters of the State from offshore drilling production facilities. Inspection and enforcement employees of the department in their line of duty under this subchapter have the powers of a constable. [PL 2015, c. 319, §15 (AMD).]
38 M.R.S. § 423-B — ME Code / Title 38 / Chapter 3 / Section 423-B
38 §423-B. Watercraft sanitary waste pump-out facilities at marinas
Status: in_force

1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Marina" means a facility that provides supplies or services and has the capacity to provide any combination of slip space or mooring for 18 or more vessels that exceed 24 feet in length. [PL 1999, c. 655, Pt. B, §1 (NEW).] B. "Pump-out facility" means a facility that pumps or receives sanitary wastes out of marine sanitation devices that are specifically designed to receive, retain and discharge sanitary wastes and that are installed on board watercraft. "Pump-out facility" includes a stationary pump-out station, a portable marine toilet dump station and a mobile pump-out vessel. [PL 1999, c. 655, Pt. B, §1 (NEW).] [PL 1999, c. 655, Pt. B, §1 (NEW).]

2. Pump-out facilities required. A marina serving coastal or inland waters shall provide a pump-out facility or provide through a written contractual agreement approved by the commissioner a facility to remove sanitary waste from the holding tanks of watercraft. The pump-out facility must be easily accessible and functional during normal working hours and at all stages of the tide. If a marina serves vessels year-round, the provisions of this subsection apply to the marina year-round. The fee charged by the marina is limited to 200% of the fee limit set pursuant to the federal Clean Vessel Act of 1992, 50 Code of Federal Regulations, Section 85.11 (2008) regardless of the pump-out facility funding source. [PL 2009, c. 654, §6 (AMD).]

3. Exception. A marina is not required to meet the requirements in subsection 2 until a grant for the construction or renovation of a pump-out facility or the initial cost of a contractual agreement is offered to that marina pursuant to subsection 4 . [PL 1999, c. 655, Pt. B, §1 (NEW).]

4. Cost share. Subject to the availability of funds, the commissioner shall award grants using a combination of federal and state funds for the costs of constructing, renovating, operating and maintaining pump-out facilities and providing facilities through contractual agreements according to the following schedule: A. The commissioner shall pay 90% of these costs incurred by municipal marinas; and [PL 1999, c. 655, Pt. B, §1 (NEW).] B. The commissioner shall pay up to 75% of these costs incurred by marinas other than municipal marinas. [PL 1999, c. 655, Pt. B, §1 (NEW).] When awarding grants, the commissioner shall give priority to a pump-out facility over a contractual agreement and shall give priority to a pump-out facility that the Commissioner of Marine Resources certifies is likely to result in the opening of a shellfish harvesting area that is closed under Title 12, section 6172 . [PL 1999, c. 655, Pt. B, §1 (NEW).]
38 M.R.S. § 490-E — ME Code / Title 38 / Chapter 3 / Section 490-E
38 §490-E. Variances
Status: in_force

The owner or operator must comply with the performance standards in section 490‑D unless a variance from those performance standards is approved by the department. Except where prohibited by section 490‑D , the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. A variance application must include any fee applicable under section 490‑J . The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules. [PL 1995, c. 700, §25 (AMD).]

The department shall adopt rules that set forth the standards for granting a variance from the performance standards in this article. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 602, §6 (AMD).]

When an owner applies for a variance to allow an excavation to be reclaimed as a pond of at least 10 acres but less than 30 acres in size, the department may require public access as a condition for granting the variance. When an owner applies for a variance to allow an excavation to be reclaimed as a pond of 30 acres or greater in size, the department may grant the variance only if the owner demonstrates that public access to the pond is ensured. The requirement for public access may be met by existing public rights or by granting an easement or other right including a right to travel a reasonable distance by foot to a designated area of the shoreline. [PL 2001, c. 466, §11 (NEW).]

A variance from performance standards may not be granted prior to March 1, 1997 unless the owner or operator requesting the variance had filed a notice of intent to comply under section 490‑C prior to the effective date of this paragraph. [PL 1995, c. 700, §25 (NEW).]

The department shall publish a timetable for responding to variance applications in the same manner prescribed in section 344‑B . A variance is not valid unless approved by the department and, if a municipality is the regulator, the municipality. In making its decision on variance applications, the department shall consider comments or information received and the compliance record of the owner or operator. The department shall inform the owner or operator of any significant concerns or issues raised. [PL 1995, c. 700, §25 (AMD).]
38 M.R.S. § 2325 — ME Code / Title 38 / Chapter 27 / Section 2325
38 §2325. Pollution prevention plans and reduction goals
Status: in_force

Unless otherwise provided in this section, an owner or operator of a facility subject to the reporting requirements in section 2324 shall develop by July 1, 2012 and update at least every 2 years thereafter a pollution prevention plan. [PL 2009, c. 579, Pt. A, §3 (NEW).]

1. Plan requirements. A pollution prevention plan must include, at a minimum, the following: A. A statement of facility-wide management policy regarding toxics use reduction; [PL 2009, c. 579, Pt. A, §3 (NEW).] B. Identification, characterization and accounting of the types and amounts of all priority toxic chemicals used at the facility; [PL 2009, c. 579, Pt. A, §3 (NEW).] C. Identification, analysis and evaluation of any appropriate technologies, procedures, processes, chemical alternatives, equipment or production changes that may be used by the facility to reduce the amount or toxicity of priority toxic chemicals used including a financial analysis of the costs and benefits of reducing the amount of priority toxic chemicals used; [PL 2009, c. 579, Pt. A, §3 (NEW).] D. A strategy and schedule for implementing practicable reduction options for each priority toxic chemical; [PL 2009, c. 579, Pt. A, §3 (NEW).] E. A program for maintaining records on priority toxic chemical use and management costs, such as the costs of personal protection equipment, liability insurance, training, chemical storage and disposal; [PL 2009, c. 579, Pt. A, §3 (NEW).] F. The facility’s goal for reducing use of priority toxic chemicals and products and materials containing such chemicals; [PL 2009, c. 579, Pt. A, §3 (NEW).] G. An employee awareness and training program that informs employees of the use of priority toxic chemicals by the facility and involves employees in achieving the established reduction goal under this subsection; and [PL 2009, c. 579, Pt. A, §3 (NEW).] H. An assessment of alternatives explored to reduce use of priority toxic chemicals that is prepared according to standard methods or guidelines for conducting alternatives assessments made available by the department. [PL 2009, c. 579, Pt. A, §3 (NEW).] [PL 2009, c. 579, Pt. A, §3 (NEW).]

2. Environmental management system. A facility that has an environmental management system that is audited by a 3rd party or reviewed by the department and that includes a plan to reduce use of priority toxic chemicals and of products and materials containing priority toxic chemicals meets the planning requirements of this section. [PL 2009, c. 579, Pt. A, §3 (NEW).]

3. Plan retention. A pollution prevention plan must be finalized, approved and signed by a senior official with management responsibility. An owner or operator of a facility shall keep a complete copy of the pollution prevention plan or environmental management system and any backup data on the premises of that facility for at least 5 years and make the copy and data available to employees of the department for inspection during business hours upon request. The department may require the owner or operator of a facility to make any modifications to a plan or environmental management system to maintain consistency with the policy of this chapter. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 480-E-3 — ME Code / Title 38 / Chapter 3 / Section 480-E-3
38 §480-E-3. Delegation of permit-granting authority to the Department of Agriculture, Conservation and Forestry, Bureau of Forestry
Status: in_force

Notwithstanding section 480‑E‑1 , the Department of Agriculture, Conservation and Forestry, Bureau of Forestry shall issue all permits under this article for timber harvesting activities in all areas of the State that are not subject to review and approval by the department under any other article of this chapter. For the purposes of this section, "timber harvesting activities" means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. Prior to issuing a permit under this section for the mining of gravel used for the construction or maintenance of roads used primarily for timber harvesting in an organized area of the State, the Bureau of Forestry shall consult with the department. [PL 2013, c. 570, §1 (AMD).]

1. Activity located in organized and unorganized area. [PL 2013, c. 570, §1 (RP).]

2. Allowed use. [PL 2013, c. 570, §1 (RP).]

The Department of Agriculture, Conservation and Forestry, Bureau of Forestry, in consultation with the department, shall annually review standards for timber harvesting activities adopted by the Bureau of Forestry to ensure that the standards afford a level of protection consistent with the goals of this article and the goals of Title 12, chapter 805, subchapter 3‑A . [PL 2011, c. 599, §13 (NEW); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]
38 M.R.S. § 997 — ME Code / Title 38 / Chapter 8 / Section 997
38 §997. Powers
Status: in_force

The commission shall, subject to the applicable laws of the governments of the United States and Canada, have all the powers and capacity necessary or appropriate for the purpose of performing its functions, including, but not limited to, the following powers and capacity to: [PL 1987, c. 470, §2 (NEW).]

1. Contract. Enter into contracts; [PL 1987, c. 470, §2 (NEW).]

2. Staff. Appoint staff and fix the terms and conditions of their employment and remuneration; [PL 1987, c. 470, §2 (NEW).]

3. Executive director. Appoint an executive director who shall serve as the principal staff to the commission and who shall be responsible for preparation of the commission's agendas, meeting minutes, the commission plan for management of the St. Croix International Waterway, public participation in the planning process, supervision of staff and other duties as the commission may specify; [PL 1987, c. 470, §2 (NEW).]

4. Property. Acquire and dispose of personal and real property; [PL 1987, c. 470, §2 (NEW).]

5. Joint projects. Cooperate or engage in joint projects with local municipalities or other authorities for the improvement, development or maintenance of property; [PL 1987, c. 470, §2 (NEW).]

6. Budget. Prepare an annual budget that specifies the expenditures that the commission may make in the forthcoming fiscal year; and [PL 1987, c. 470, §2 (NEW).]

7. Funding. Seek appropriations from the State and the Province of New Brunswick and accept funding from the Governments of the United States and Canada to carry out the purposes set out in sections 991 and 994 and to accept donations, bequests or devises intended for furthering the functions of the commission and to use those donations, bequests or devises as may be provided in the terms of the donations, bequests or devises. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 1209 — ME Code / Title 38 / Chapter 11 / Section 1209
38 §1209. Supplementary charges
Status: in_force

Any sanitary district formed under this chapter shall be authorized to impose charges, in addition to any other assessments now lawfully imposed by general law, for the use of sewers, sewer systems and treatment works, and the trustees may adopt such rules and regulations as may be necessary or convenient to carry out the purposes of such district. All incidental powers, rights and privileges necessary to the accomplishment of the purposes of the district are granted to the district and its trustees, including the right of its trustees to determine when and where sewerage and treatment facilities and disposal units are needed and when and where the same shall be constructed. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 1310-C — ME Code / Title 38 / Chapter 13 / Section 1310-C
38 §1310-C. Program established
Status: in_force

There is established within the Department of Environmental Protection a remediation and closure program for solid waste landfills. [PL 1987, c. 517, §25 (NEW).]

1. Objectives. The program has the following objectives: A. To accomplish the prompt closure of solid waste landfills which, through inappropriate siting, inadequate design and construction or improper operation, pose an actual or potential hazard to the environment and public health; [PL 1991, c. 374, §3 (AMD).] B. To accomplish remedial activities to eliminate the existing hazards posed by those landfills; and [PL 1991, c. 374, §3 (AMD).] C. To provide markets for compost and reclaimed materials. [PL 1991, c. 374, §3 (NEW).] [PL 1991, c. 374, §3 (AMD).]

2. Open and closed or abandoned landfills. The commissioner shall organize the program into 2 components to address the problems created by: A. Open-municipal solid waste landfills; and [PL 1987, c. 517, §25 (NEW).] B. Abandoned or improperly or inadequately closed, municipal solid waste landfills. [PL 1993, c. 732, Pt. C, §1 (AMD).] [PL 1993, c. 732, Pt. C, §1 (AMD).]

3. New facilities. The department shall ensure that the siting, design, operating and closure requirements imposed on new solid waste disposal facilities pursuant to this chapter and chapter 3, subchapter 1, article 6 , site location of development, are consistent with the provisions of this article. [RR 2015, c. 2, §28 (COR).]

4. Definitions. As used in this article, unless the context indicates otherwise, the following terms have the following meanings. A. "Abandoned" with reference to a solid waste landfill means no longer handling solid waste on or after February 1, 1976 when the cessation of handling operations and the covering of the landfill have not been approved by the department or otherwise accomplished in accordance with the procedures and standards established in this article. [PL 1993, c. 732, Pt. C, §2 (AMD).] B. "Closed" with reference to a solid waste landfill means no longer handling solid waste when the cessation of handling operations has occurred in accordance with the provisions of a closure plan approved by the department or the closure of the landfill has occurred in accordance with the procedures established by this article. [PL 1993, c. 732, Pt. C, §2 (AMD).] B-1. "Closure" means the completion of those activities specified in this article or in rules adopted pursuant to this article or a department closing order as appropriate, including, but not limited to, the placement of a cover or cap as a barrier over a landfill in order to minimize the infiltration of precipitation into the waste contained in the landfill. [PL 1993, c. 732, Pt. C, §3 (NEW).] C. "Open-municipal solid waste landfill" means a solid waste landfill owned by a municipality or group of municipalities, the Passamaquoddy Tribe, the Penobscot Nation or a quasi-municipal entity, such as a county or legislatively chartered village corporation, handling solid waste on or after February 1, 1976. [PL 1991, c. 519, §1 (AMD).] D. [PL 1991, c. 519, §2 (RP).] E. "Solid waste landfill" means a waste facility for the permanent disposal of solid waste on or in land. This term does not include land spreading sites used in programs approved by the department, but includes publicly owned sludge landfills. [PL 1991, c. 519, §3 (AMD).] F. "Contractor" means a business entity that engages in, or intends to engage in, landfill closure activities as a business service on property that it does not own. [PL 1989, c. 870, §1 (NEW).] G. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of pollutants onto the land or into the water or ambient air. [PL 1989, c. 870, §1 (AMD).] H. "Contamination," with respect to subsection 6 , means exceeding water quality standards, attributable to the solid waste facility, specified in: (1) Primary drinking water standards adopted under Title 22, section 2611 ; (2) Maximum exposure guidelines adopted under Title 22, section 2602‑A ; or (3) A statistically significant increase in concentration of measured parameters above an established baseline, whether or not the existing concentration already exceeds the maximum concentration levels specified in this section, using the 95% confidence interval when the student's t-test is applied. The use of other statistical tests and confidence intervals must be approved by the department. [PL 1993, c. 732, Pt. C, §4 (AMD).] I. "Pollutant" means dredged spoils, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or by-products, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind, or any constituent thereof. [PL 1989, c. 870, §1 (NEW).] J. "Remediation" means those actions, other than closure activities, taken at or near a solid waste landfill to prevent or minimize public health impacts or environmental impacts and to prevent or minimize the release of pollutants beyond the boundary of the property on which the landfill is located. The term "remediation" includes but is not limited to installation of landfill leachate collection and treatment systems; vapor extraction systems; ground water collection and treatment; or slurry walls. Other measures such as property purchases and water supply replacements may be defined as remediation only if they are determined to be cost-effective and as protective of public health and the environment as measures defined above as "remediation". [PL 1993, c. 732, Pt. C, §5 (NEW).] [PL 1993, c. 732, Pt. C, §§2 - 5 (AMD).]

5. Coordination with uncontrolled sites program. Nothing in this article may be construed to limit the authority of the department under any other provisions of law administered by the department. At any time prior to or following the evaluations conducted pursuant to section 1310‑D, subsection 2 , the commissioner may proceed under chapter 13‑B to properly close any landfill or mitigate any threats posed by the landfill to public health, safety or the environment. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §234 (AMD).]

6. Contractor liability. Except as provided in subsection 7 , a contractor that closes a municipal solid waste landfill in compliance with a closure plan approved by the department or in compliance with the procedures and standards established in section 1310‑E‑1 is not liable for the death of or injury to persons or for property damages resulting from contamination or a discharge of pollutants if: A. The discharge is at or from the landfill site or the contamination resulted from a discharge at or from the landfill site; and [PL 1989, c. 870, §2 (NEW).] B. The contamination or discharge is related to on-site landfill closure activities. [PL 1989, c. 870, §2 (NEW).] [PL 1993, c. 732, Pt. A, §6 (AMD).]

7. Exceptions. Nothing in subsection 6 affects the liability of a contractor: A. For its employees under former Title 39 or Title 39‑A ; or [PL 1991, c. 885, Pt. E, §45 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).] B. Under state and federal criminal laws. [PL 1989, c. 870, §2 (NEW).] [PL 1991, c. 885, Pt. E, §45 (AMD); PL 1991, c. 885, Pt. E, §47 (AFF).]
38 M.R.S. § 1366 — ME Code / Title 38 / Chapter 13-B / Section 1366
38 §1366. Abatement, clean up and mitigation costs
Status: in_force

Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]

In the case of a site at which federal resources may be or are being used, proceeds from the sale of bonds for the evaluation and investigation of sites and for implementation of plans to abate, clean up or mitigate hazards or threats posed or potentially posed by an uncontrolled site may be used: [PL 1983, c. 569, §1 (NEW).]

1. Privately owned sites. In the case of a site that was privately owned at the time of disposal of any hazardous substances, for the state's share of remedial action costs; and [PL 1983, c. 569, §1 (NEW).]

2. Sites owned by state or political subdivision. In the case of a site which was owned at the time of disposal of any hazardous substances by the state or a political subdivision thereof, for the state's share of response costs. [PL 1983, c. 569, §1 (NEW).]

In the case of a site where federal resources are not used, the commissioner shall notify the Governor in writing. The Governor may authorize the commissioner to proceed under this chapter without those resources. In the event the State proceeds at its own expense with work eligible for federal funding, the commissioner shall present the United States Environmental Protection Agency with a demand for reimbursement. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]
38 M.R.S. § 417 — ME Code / Title 38 / Chapter 3 / Section 417
38 §417. Certain deposits and discharges prohibited
Status: in_force

No person, firm, corporation or other legal entity may place, deposit or discharge, directly or indirectly into the inland waters or tidal waters of this State, or on the ice thereof, or on the banks thereof in such a manner that it may fall or be washed into these waters, or in such a manner that the drainage from any of the following may flow or leach into these waters, except as otherwise provided by law: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (RPR).]

1. Forest products refuse. Any slabs, edgings, sawdust, shavings, chips, bark or other forest products refuse; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (NEW).]

2. Potatoes. Any potatoes or any part or parts of potatoes; or [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (NEW).]

3. Refuse. Any scrap metal, junk, paper, garbage, septage, sludge, rubbish, old automobiles or similar refuse. [PL 2003, c. 650, §1 (AMD).]

This section does not apply to solid waste disposal facilities in operation on July 1, 1977, owned by a municipality or quasi-municipal authority if the operation and maintenance of the facility has been or is approved by the department pursuant to the requirements of chapter 13 and the rules adopted thereunder. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (RPR).]
38 M.R.S. § 590-E — ME Code / Title 38 / Chapter 4 / Section 590-E
38 §590-E. Combustion of material-separated, refuse-derived fuel
Status: in_force

A facility may not burn any material-separated, refuse-derived fuel in fuel-burning equipment with a total heat input capacity of 500,000 British thermal units per hour or less. A facility may burn material-separated, refuse-derived fuel in fuel-burning equipment with a total heat input capacity of greater than 500,000 British thermal units per hour, if: [PL 1991, c. 220, §5 (NEW).]

1. Registration. The fuel-burning equipment is registered with the Maine Fuel Board; [PL 2013, c. 300, §14 (AMD).]

2. Automatic stoker. The fuel-burning equipment has a total heat input capacity of less than 10,000,000 British thermal units per hour and is equipped with an automatic stoker that has a feed rate of at least 50 pounds per hour; and [PL 1991, c. 220, §5 (NEW).]

3. No ambient air quality violation. The department determines that the facility has demonstrated that the facility will not violate ambient air quality standards. In making this demonstration, the owner or operator of the facility shall use the department's meteorological model used for screening sources, or its equivalent as approved by the department, and submit all air quality modeling results required to make this determination to the department. The department shall notify the facility of its determination on air quality impacts in writing within 60 days of receiving the air quality modeling results from the facility. If the department fails to act within this 60-day period, the determination is deemed to be in favor of the facility. A facility or fuel-burning equipment that requires an air emission license under this chapter is exempt from this subsection. [PL 1991, c. 220, §5 (NEW).]
38 M.R.S. § 561 — ME Code / Title 38 / Chapter 3 / Section 561
38 §561. Findings; purpose
Status: in_force

The Legislature finds that significant quantities of oil are being stored in aboveground and underground storage facilities; that leaks and unlicensed discharges from these facilities pose a significant threat to the quality of the waters of the State, including the ground water resources; that protection of the quality of these waters is of the highest importance; and that their protection requires proper design and installation of new and replacement underground oil storage facilities and aboveground oil storage facilities, as well as monitoring, maintenance and operating procedures for existing, new and replacement facilities. [PL 2009, c. 121, §9 (AMD).]

The Legislature intends by the enactment of this subchapter to exercise the police power of the State through the department by conferring upon the department the power to deal with the hazards and threats of danger and damage posed by the storage and handling of oil and related activities; to require the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby persons suffering damage from these occurrences may be promptly made whole; to establish a fund to provide for the investigation, mitigation and removal of discharges or threats of discharge of oil from storage facilities, including the restoration of contaminated water supplies; and to guarantee the prompt payment of reasonable damage claims resulting therefrom. [PL 2009, c. 121, §9 (AMD).]

The Legislature further finds that preservation of the ground water resources and of the public uses referred to in this subchapter is of grave public interest and concern to the State in promoting its general welfare, preventing disease, promoting health and providing for the public safety and that the State's interest in this preservation outweighs any burdens of absolute liability imposed by the Legislature in this subchapter upon those engaged in the storage of oil, petroleum products and their by-products. [PL 2009, c. 121, §9 (AMD).]
38 M.R.S. § 652 — ME Code / Title 38 / Chapter 5 / Section 652
38 §652. --diversion of water
Status: in_force

Any person authorized to erect and maintain a watermill and dams on a stream not navigable and to divert the water of such stream from its natural channel by a canal not exceeding one mile in length for the purpose of propelling mills or machinery under section 651 may so divert such waters without that limitation to one mile, as long as that person is the owner of the land on which the canal is to be located or has the consent of the owners thereof, and as long as that person is the owner of all riparian rights on that stream between the point of diversion and the point at which the waters are returned to the stream, upon the terms and conditions, and subject to the regulations under this chapter. Under this section, "canal" includes excavations in the ground and closed flumes, penstocks, pipelines and other appropriate means of conveying water from the point of diversion to the point of return to the stream. [RR 2021, c. 2, Pt. B, §246 (COR).]
38 M.R.S. § 705 — ME Code / Title 38 / Chapter 5 / Section 705
38 §705. Appointment of commissioners; appraisal of damages
Status: in_force

If the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objection to the proceedings, the court shall appoint 3 or more disinterested commissioners of the same county, who shall go upon and examine the premises and make a true and faithful appraisement, under oath, of the yearly damages, if any, done to the plaintiff by the flowing of the plaintiff's lands or the diversion of the water described in the complaint, and determine how far the same is necessary, and ascertain and report for what portion of the year such lands ought not to be flowed, or water diverted, or what quantity of water must be diverted. They shall ascertain, determine and report what sum in gross would be a reasonable compensation for all the damages, if any, occasioned by the use of such dam, and for the right of maintaining and using the same forever, estimated according to the height of the dam and flashboards as then existing. If within 10 days after the report is presented to the court, the owners of the dam or mills elect to pay the damages in gross, the court, where the judgment is entered, shall fix the time in which the damages must be paid, and if not paid within that time, the owners of the dam or mills lose all benefit of their election, and the annual damages stand as the judgment of the court, and, except as otherwise provided, all proceedings must be in conformity with the other provisions of this chapter. [RR 2021, c. 2, Pt. B, §249 (COR).]
38 M.R.S. § 954-D — ME Code / Title 38 / Chapter 6 / Section 954-D
38 §954-D. Additional powers and duties
Status: in_force

1. -- additional. In order to implement this chapter, the commission may, in addition to the powers and duties otherwise authorized by this chapter: A. Adopt an official seal; [PL 1979, c. 459, §1 (NEW).] B. Compel attendance of witnesses and require production of evidence; [PL 1979, c. 459, §1 (NEW).] C. Designate or request municipal, state or federal agencies to receive applications, provide assistance, make investigations and submit recommendations; [PL 1979, c. 459, §1 (NEW).] D. Conduct joint hearings with municipal officers or other appropriate state or local agencies where joint approval may be required; and [PL 1979, c. 459, §1 (NEW).] E. Sue and be sued in its own name, plead and be impleaded. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1736 — ME Code / Title 38 / Chapter 17 / Section 1736
38 §1736. Crossing other public utilities
Status: in_force

If any waste facility or portion of any waste facility of any disposal district formed under this chapter crosses the property or line of any public utility, unless consent is given by the public utility as to place, manner and conditions of the crossing within 30 days after consent is requested by the district, the Public Utilities Commission shall determine the place, manner and conditions of the crossing. All work on the property of the public utility shall be done under the supervision and to the satisfaction of the public utility, but at the expense of the district. If any facility or portion of any facility of any disposal district crosses the property or line of any railroad corporation, the procedure shall be the same as set out in this section, except that the Department of Transportation shall be substituted for the Public Utilities Commission. Nothing in this section authorizes any disposal district to take by right of eminent domain any of the property or facilities of any public utility used, or acquired, for future use by the owner, in the performance of a public duty, unless expressly authorized by a special Act of the Legislature. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 484-A — ME Code / Title 38 / Chapter 3 / Section 484-A
38 §484-A. Unlicensed pits; temporary licensing exemption
Status: in_force

If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if: [PL 1995, c. 700, §7 (AMD).]

1. Notice of intent to comply. Pursuant to section 490‑C , the owner or operator of the pit files a notice of intent to comply no later than: A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or [PL 1995, c. 287, §3 (AMD).] B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and [PL 1995, c. 287, §3 (AMD).] [PL 1995, c. 287, §3 (AMD).]

2. Adherence to compliance schedule. By October 1, 1996: A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed; [PL 1993, c. 350, §4 (NEW).] B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7 ; and [PL 1993, c. 350, §4 (NEW).] C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7. [PL 1993, c. 350, §4 (NEW).] [PL 1995, c. 287, §4 (AMD).]

An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1 . The written enforcement policy for responding to violations referred to in section 343‑C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7. [PL 1995, c. 700, §7 (AMD).]
38 M.R.S. § 1319-K — ME Code / Title 38 / Chapter 13 / Section 1319-K
38 §1319-K. Construction
Status: in_force

This subchapter, being necessary for the general welfare, public health and public safety of the State and its inhabitants, shall be construed to effect the purposes set forth under this subchapter. No rule, regulation or order of the board may be stayed pending appeal under this subchapter. [PL 1981, c. 478, §7 (NEW).]
38 M.R.S. § 1733 — ME Code / Title 38 / Chapter 17 / Section 1733
38 §1733. Procedure in exercise of right of eminent domain
Status: in_force

The right of eminent domain granted in section 1732 may only be exercised after complying with the following procedures. [PL 1983, c. 820, §2 (NEW).]

1. Notice to owner. The district shall provide notice to the owner as follows. A. The owner or owners of record shall be notified as follows: (1) The determination of the directors that they will exercise the right of eminent domain; (2) A description and scale map of the land or easement to be taken; (3) The final amount offered for the land or easement to be taken, based on the fair value as estimated by the district; and (4) Notice of the time and place of the hearing provided in subsection 4 . [PL 1983, c. 820, §2 (NEW).] B. Notice may be made: (1) By personal service in hand by an officer duly qualified to serve civil process in this State; or (2) By certified mail, return receipt requested, to last known address of owner or owners. [PL 1983, c. 820, §2 (NEW).] C. If the owner or owners are not known or if they cannot be notified by personal service or certified mail, notice may be given by publication in the same manner as provided for in subsection 4 . [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]

2. Notice to tenant. Notice shall be given to any tenants in the same manner as for the owner of the property. [PL 1983, c. 820, §2 (NEW).]

3. Notice to the affected municipality. Notice shall be given to the municipality in which the property to be acquired is located in the same manner as for the owner of the property and shall be addressed to the municipal officers. [PL 1983, c. 820, §2 (NEW).]

4. Hearing. The directors of the district shall hold a public hearing on the advisability of the proposed exercise of the right of eminent domain. Notice of the hearing shall be made by publication in a newspaper of general circulation in the area of the taking and shall be given once a week for 2 successive weeks, the last publication to be at least 2 weeks prior to the time appointed in the hearing. The hearing notice shall include: A. The time and place of the hearing; [PL 1983, c. 820, §2 (NEW).] B. A description of the land or easement taken; and [PL 1983, c. 820, §2 (NEW).] C. The name of the owners, if known. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1662 — ME Code / Title 38 / Chapter 16-B / Section 1662
38 §1662. Labeling and consumer information
Status: in_force

1. Labeling required for certain products. Effective January 1, 2002, a manufacturer may not sell at retail in this State or to a retailer in this State, and a retailer may not knowingly sell, a mercury-added product unless the item is labeled pursuant to this subsection. The label must clearly inform the purchaser or consumer that mercury is present in the item and that the item may not be disposed of or placed in a waste stream destined for disposal until the mercury is removed and reused, recycled or otherwise managed to ensure that it does not become part of solid waste or wastewater. Manufacturers shall affix to mercury-added products labels that conform to the requirements of this subsection. The board shall adopt rules to establish standards for affixing labels to the product and product package. The rules must strive for consistency with labeling programs in other states and provide for approval of alternative compliance plans by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . This subsection applies to mercury-added lamps effective January 1, 2006, except that it does not apply to products containing mercury-added lamps. The manufacturer of a mercury-added lamp is in compliance with this subsection if the manufacturer labels all mercury-added lamps sold in this State in compliance with similar requirements adopted by another state. [PL 2005, c. 148, §3 (AMD).]

2. Mercury-added lamps; large use applications. A person who sells mercury-added lamps to the owner or manager of an industrial, commercial or office building or to any person who replaces or removes from service outdoor lamps that contain mercury shall clearly inform the purchaser in writing on the invoice for the lamps or in a separate document that the lamps contain mercury, a hazardous substance that is regulated by federal and state law, and that they may not be placed in solid waste destined for disposal. Retail establishments that incidentally sell mercury-added lamps to the specified purchasers are exempt from the requirements of this subsection. A person who contracts with the owner or manager of an industrial, commercial or office building or with a person responsible for outdoor lighting to remove from service mercury-added lamps shall clearly inform in writing the person for whom the work is being done that the lamps being removed from service contain mercury and what the contractor's arrangements are for the management of the mercury in the removed lamps. [PL 1999, c. 779, §2 (NEW).]
38 M.R.S. § 1697 — ME Code / Title 38 / Chapter 16-D / Section 1697
38 §1697. Applicability
Status: in_force

1. Used products. This chapter does not apply to chemicals in used products. [PL 2007, c. 643, §2 (NEW).]

2. Industry. The requirements of this chapter do not apply to priority chemicals used in or for industry or manufacturing, including chemicals processed or otherwise used in or for industrial or manufacturing processes. [PL 2007, c. 643, §2 (NEW).]

3. Transportation. The requirements of this chapter do not apply to motor vehicles as defined in Title 29‑A, section 101, subsection 42 or watercraft as defined in Title 12, section 13001, subsection 28 or their component parts, except that the use of priority chemicals in detachable car seats is not exempt. [PL 2007, c. 643, §2 (NEW).]

4. Combustion. The requirements of this chapter do not apply to priority chemicals generated solely as combustion by-products or that are present in combustible fuels. [PL 2007, c. 643, §2 (NEW).]

5. Retailers. A retailer is exempt from the requirements of this chapter unless that retailer knowingly sells a children's product containing a priority chemical after the effective date of its prohibition for which that retailer has received prior notification from a manufacturer, distributor or the State. [PL 2007, c. 643, §2 (NEW).]

6. Mercury-added products. The department may designate mercury or a mercury compound as a priority chemical for the purpose of adopting rules under section 1696 to prohibit the manufacture, sale or distribution of a mercury-added product that is not regulated under section 1661‑C or 1667 prior to the effective date of this section. The disclosure requirements of section 1695 do not apply to the manufacturer or distributor of a children's product that contains the designated mercury or mercury compound if the manufacturer has complied with the notification requirement under section 1661‑A . [PL 2019, c. 315, §18 (AMD).]

7. Telecommunications. The disclosure requirements of section 1695 do not apply to a service provider whose name appears on a telecommunications device unless the service provider is the actual manufacturer of the device. As used in this subsection, "service provider" has the meaning set out in Title 35‑A, section 7107, subsection 1, paragraph C . [PL 2007, c. 643, §2 (NEW).]

8. Food and beverage packaging. A container or packaging for a food or beverage product is exempt from the requirements of this chapter, unless that product is intentionally marketed or intended for the use of children under 3 years of age. [PL 2007, c. 643, §2 (NEW).]

9. Regulatory efficiency. The department may, in exercising its discretionary authority under this chapter, consider the extent to which a chemical of high concern in a children's product is adequately regulated by the Federal Government or an agency of this State to reduce or prevent the same public health threats that would be the basis for addressing the chemical under this chapter. [PL 2011, c. 319, §9 (NEW).]

10. Inaccessible components. The requirements of sections 1695 and 1696 do not apply to a priority chemical contained in a component of a children's product that during reasonably foreseeable use and abuse would not come into direct contact with a child's skin or mouth, such as inaccessible components of children's products. The department may adopt a rule, based on a case-by-case evaluation, to subject such components to the requirements of sections 1695 and 1696 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 319, §9 (NEW).]

11. Contaminants. The requirements of sections 1695 and 1696 do not apply to a priority chemical that occurs in a product component only as a contaminant if the manufacturer had in place a manufacturing control program and exercised due diligence to minimize the presence of the contaminant in the component. [PL 2011, c. 319, §9 (NEW).]
38 M.R.S. § 401 — ME Code / Title 38 / Chapter 3 / Section 401
38 §401. Findings; purpose
Status: in_force

The Legislature finds and declares that the protection of ground water resources is critical to promote the health, safety and general welfare of the people of the State. Aquifers provide a significant amount of the water used by the people of the State. Aquifers and aquifer recharge areas are critical elements in the hydrologic cycle. Aquifer recharge areas collect, conduct and purify the water that replenishes aquifers. [PL 1979, c. 472, §12 (NEW).]

The Legislature further finds and declares that an adequate supply of safe drinking water is a matter of the highest priority and that it is the policy of the State to protect, conserve and maintain ground water supplies in the State. [PL 1979, c. 472, §12 (NEW).]

The Legislature further finds and declares that ground water resources are endangered by unwise uses and land use practices. [PL 1979, c. 472, §12 (NEW).]

The Legislature further finds that these resources may be threatened by certain agricultural chemicals and practices, but that the nature and extent of this impact is largely unknown. Failure to evaluate this potential problem is likely to result in costly contamination of some ground water supplies leading to increased risks to the public health. [PL 1985, c. 465, §1 (NEW).]

The Legislature further finds and declares it to be the purpose of this Article to require classification of the state's ground water resources. [PL 1979, c. 472, §12 (NEW).]

The Legislature further finds and declares that there are numerous existing state agencies, commissions, boards or similar entities administering various statutes and programs relating to ground water. Because of the importance of ground water to the safety and well-being of the State, there is an urgent need for the coordination and development of the programs to assess the quality and quantity of and to protect ground water. [PL 1979, c. 472, §12 (NEW).]

It is the intention of the Legislature that the Division of Geology, Natural Areas and Coastal Resources provide coordination and develop programs for the collection and analysis of information relating to the nature, extent and quality of aquifers and aquifer recharge areas. [PL 2013, c. 405, Pt. C, §20 (AMD).]

It is further the intention of the Legislature that existing programs related to ground water continue in their present form and that the Department of Environmental Protection provide coordination for the protection of ground water through existing statutes and regulations. [PL 1979, c. 472, §12 (NEW).]

This article is not intended to limit a municipality's power to enact ordinances under Title 30‑A, section 3001 , to protect and conserve the quality and quantity of ground water. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §21 (AMD).]
38 M.R.S. § 499 — ME Code / Title 38 / Chapter 3 / Section 499
38 §499. Separability of provisions -- Article IX
Status: in_force

Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.
38 M.R.S. § 1573 — ME Code / Title 38 / Chapter 15-A / Section 1573
38 §1573. Penalty; rules
Status: in_force

1. Penalty. A violation of this chapter is a civil violation for which a fine of not more than $100 may be adjudged. [PL 2019, c. 62, §1 (NEW).]

2. Rules. The department may adopt rules to implement the provisions of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 62, §1 (NEW).]
38 M.R.S. § 969 — ME Code / Title 38 / Chapter 6 / Section 969
38 §969. Saco River Corridor Fund
Status: in_force

1. Fund established. The Saco River Corridor Fund, referred to in this section as the "fund," is established as a nonlapsing dedicated, interest-bearing account. All charges collected pursuant to this section must be deposited into the fund. All interest earned by the account accrues to the fund. Any balance remaining in the fund at the end of the fiscal year does not lapse but is carried forward into subsequent fiscal years. [PL 1997, c. 330, §1 (NEW).]

2. Fund purpose. The purpose of the fund is to preserve existing water quality and prevent the deterioration of water supplies in the Saco River, the Ossipee River and the Little Ossipee River within the Saco River Corridor, as created in section 953 , by partially underwriting the administration and operation of the Saco River Corridor Commission, as established by Title 5, section 12004‑G, subsection 13 . [PL 1997, c. 330, §1 (NEW).]

3. Assessment on the sale of water. For purposes of funding its activities, the commission shall impose a fee of 1% on the sale of water and fire protection services by a water utility that draws water either from the Saco River or from a groundwater source under the influence of the Saco River, as determined by the Department of Human Services, for sale and distribution to its customers. The fee must be levied on the rates of the water utility as authorized by the Public Utilities Commission to be charged for services provided by the utility. "Water utility" has the same meaning as the term is defined in Title 35‑A, section 102, subsection 22 . The fee must be collected by the water utility and remitted quarterly to the commission. Notwithstanding any limitations set forth in Title 35‑A regarding a water utility's right to increase its charges to its customers, a water utility with sales subject to this subsection is authorized to increase its overall charges for the purpose of collecting the fee set forth in this subsection. Each water utility may retain a portion of the total fees collected equivalent to the utility's administrative costs incurred in the collection and remission of the fees, not to exceed 2% of the total fees collected. For purposes of the Public Utilities Commission's rate-making authority, costs actually incurred by the utility associated with the collection and remission of the fees for the fund are considered just and reasonable for rate-making purposes. The commission shall adopt rules that are reasonably necessary to carry out the purposes of this section pursuant to section 954‑C . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [RR 2019, c. 2, Pt. A, §41 (COR).]

4. Reporting requirements. The commission shall submit a report by February 1, 1998 and each subsequent year to the joint standing committees of the Legislature having jurisdiction over natural resources matters, energy and utilities matters and appropriations and financial affairs, identifying the amount collected and how the fund was disbursed by the commission. [PL 2007, c. 651, §22 (AMD).]

5. Additional sources of revenue. The commission shall study usage within the Saco River Corridor for the purpose of identifying additional management needs and funding sources. The commission shall take all steps necessary to obtain revenue from these funding sources to ensure that assessments on the sale of water are not the sole source of revenue for the fund. [PL 1997, c. 330, §1 (NEW).]
38 M.R.S. § 496-A — ME Code / Title 38 / Chapter 3 / Section 496-A
38 §496-A. Personnel and programs -- Article VI-A
Status: in_force

The commission may develop standards for the training, educational and experience requirements for operating personnel necessary to the proper operation of sewage and other waste treatment plants. [PL 1969, c. 166, §4 (NEW).]

The commission may administer programs of training and certification for such personnel, and may make classifications thereof. Any certificate issued by the commission must be accepted by this State and all agencies and subdivisions of the State as conclusive evidence that the holder has the training, education and experience necessary for certification for the class of position or responsibility described in the certificate. The Commissioner of Environmental Protection may administer any other requirements for certification within any applicable provisions of law, but the commissioner may not reexamine or reinvestigate the applicant for a certificate with respect to the applicant's training, education or experience qualifications. [PL 2017, c. 137, Pt. A, §12 (AMD).]

The commission shall keep a record of all certificates issued by it, and in response to any inquiry concerning such a certificate, the commission shall inform the inquirer concerning its issuance and validity. The commission shall annul any certificate issued by it, if the commission finds that the certificate was obtained by misrepresentation of any material fact relating to the education, training or experience of the applicant. Such annulment shall be pursuant to rules and regulations of the commission which shall afford due notice to the certificate holder and an opportunity to present relevant evidence for consideration by the commission. [PL 1969, c. 166, §4 (NEW).]

Nothing contained in this section shall limit or abridge the authority of the commission to revise its standards and to issue new or additional certificates. In any such case, the Commissioner of Environmental Protection may require an applicant for a certificate to present a certificate or certificates which evidence training, education and experience meeting the current standards of the commission. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §104 (AMD).]

Certificates issued by the commission shall be recognized and given in connection with personnel employed in or having responsibilities for plants discharging into any waters of this State. [PL 1969, c. 166, §4 (NEW).]

Nothing in this section shall be construed to require any person to have a certificate in order to be employed in the operation of a sewage or other waste treatment plant. Such requirements, if any, shall be as set forth in or pursuant to other laws of this State: Provided that in any case where a certificate is required, an appropriate certificate issued by the commission shall be accepted in lieu of any certificate otherwise required. [PL 1969, c. 166, §4 (NEW).]

To the extent that the authority conferred upon the commission by this section is not otherwise exercisable by the commission under the compact, the commission shall not require the financial or other support of the program or programs authorized hereby by any state not having enacted legislation substantially similar to this section. [PL 1969, c. 166, §4 (NEW).]
38 M.R.S. § 1667 — ME Code / Title 38 / Chapter 16-B / Section 1667
38 §1667. Dental procedures
Status: in_force

1. Prevention plan. By July 15, 2002, the department shall work with dentists and other interested parties to develop a pollution prevention plan for mercury from dental procedures that provides for reasonable measures to reduce mercury pollution from dental procedures and related sources. The plan must include options and strategies for implementing source reduction. [PL 2003, c. 301, §2 (NEW).]

2. Dental office defined. For purposes of this section, "dental office" means any dental clinic, dental office or dental practice, but does not include the practice of oral and maxillofacial surgery. [PL 2003, c. 301, §2 (NEW).]

3. Amalgam separator system required. No later than December 31, 2004, a dental office that, in the course of treating its patients, adds, removes or modifies dental amalgam must install an amalgam separator system in the wastewater line in accordance with the following: A. Wastewater containing dental amalgam particles must pass through the amalgam separator system prior to discharge to either a publicly owned treatment works or a private septic or waste disposal system, and waste containing dental amalgam must be collected from the amalgam separator system and disposed of in a manner satisfactory to the department; [PL 2003, c. 301, §2 (NEW).] B. Once the amalgam separator system has been installed, the dental office must notify the department in writing: (1) Of the type of system installed; (2) That the system is certified as meeting the standards required in accordance with section 1661, subsection 1‑A ; (3) Of the date upon which the system became operational; and (4) Of the method of disposing of the material after removal from the separator system. If the amalgam separator system is connected to a publicly owned treatment works, the dental office shall provide the same notification to the director or chief engineer of that facility; [PL 2003, c. 301, §2 (NEW).] C. Installation, operation and maintenance of an approved amalgam separator system by a dentist in accordance with manufacturer's recommendations must fulfill the requirements of this section. A dentist must demonstrate proper operation and maintenance by maintaining, for a period of 3 years, all shipping records for replacement filters sent to licensed recyclers and written documentation that demonstrates that the system has been properly inspected and maintained; and [PL 2003, c. 301, §2 (NEW).] D. The department, after receiving proper notification of the installation of the amalgam separator system and after being satisfied that it meets the requirements of this section, must provide the dentist or the dental practice with written confirmation of receipt of evidence of compliance with this section in a format suitable for display by the dental office. [PL 2003, c. 301, §2 (NEW).] [PL 2003, c. 301, §2 (NEW).]
38 M.R.S. § 480-EE — ME Code / Title 38 / Chapter 3 / Section 480-EE
38 §480-EE. Significant wildlife habitat criteria; inland open water
Status: in_force

Regardless of its identification on maps as a high or moderate value waterfowl and wading bird habitat, an upland area adjacent to a great pond is not considered high or moderate value waterfowl and wading bird habitat for purposes of this article unless the upland area is within 250 feet of one or more freshwater wetlands that are high or moderate value waterfowl and wading bird habitat. [PL 2007, c. 290, §9 (NEW); PL 2007, c. 290, §15 (AFF).]
38 M.R.S. § 496 — ME Code / Title 38 / Chapter 3 / Section 496
38 §496. Abatement and control of pollution -- Article VI
Status: in_force

Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I , and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.
38 M.R.S. § 605 — ME Code / Title 38 / Chapter 4 / Section 605
38 §605. Malfunctions
Status: in_force

Any person owning or operating any emission source that suffers a malfunction or breakdown in any component part and that malfunction or breakdown causes a violation of any emission standards shall notify the commissioner within 48 hours and submit a written report to the department on a quarterly basis. [PL 1995, c. 235, §2 (AMD).]
38 M.R.S. § 6 — ME Code / Title 38 / Chapter 1 / Section 6
38 §6. Power to arrest for assault
Status: in_force

Harbor masters, whose authority is not restricted as described in section 1 , may arrest and deliver to the police authorities on shore any person committing an assault upon them or another person acting under their authority. [PL 1985, c. 531, §3 (AMD).]
38 M.R.S. § 1034 — ME Code / Title 38 / Chapter 10 / Section 1034
38 §1034. Exemption from taxation
Status: in_force

A standard district is a public municipal corporation within the meaning of Title 36, section 651 and the property of the district is exempt from taxation to the extent provided in that section. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 570-D — ME Code / Title 38 / Chapter 3 / Section 570-D
38 §570-D. Transition
Status: in_force

Damage claims filed with the department on or before the effective date of this Act which, after the enactment of this subchapter, would be controlled by the provisions of this subchapter may proceed either in the manner set forth herein or in the manner set forth in subchapter II‑A , at the choice of the claimant. Reimbursement for any expenditures shall be credited to the fund from which the expenditures were made. [PL 1985, c. 496, Pt. A, §14 (NEW).]
38 M.R.S. § 584-A — ME Code / Title 38 / Chapter 4 / Section 584-A
38 §584-A. Ambient air quality standards
Status: in_force

For purposes of statutory interpretation, rules, licensing determinations, policy guidance and all other actions by the department or the board, any reference to an ambient air quality standard is interpreted to refer to the national ambient air quality standard established pursuant to Section 109 of the federal Clean Air Act, 42 United States Code, Section 7409, as amended. The department shall implement ambient air quality standards as required by the federal Clean Air Act, 42 United States Code, Section 7409 and regulations promulgated under that section by the United States Environmental Protection Agency. Nothing in this section may be construed to limit the authority of the department to adopt emission standards designed to achieve and maintain ambient air quality standards. [PL 2011, c. 206, §19 (RPR).]

1. Particulate matter. [PL 2011, c. 206, §19 (RP).]

2. Sulfur dioxide. [PL 2011, c. 206, §19 (RP).]

3. Carbon monoxide. [PL 2011, c. 206, §19 (RP).]

4. Photochemical oxidant. [PL 2011, c. 206, §19 (RP).]

4-A. Ozone. [PL 2011, c. 206, §19 (RP).]

5. Hydrocarbon. [PL 1995, c. 642, §7 (RP).]

6. Nitrogen dioxide. [PL 2011, c. 206, §19 (RP).]

7. Lead. [PL 2011, c. 206, §19 (RP).]

8. Chromium. [PL 2011, c. 206, §19 (RP).]

9. Perchloroethylene. [PL 2011, c. 206, §19 (RP).]

10. Toluene. [PL 2011, c. 206, §19 (RP).]
38 M.R.S. § 995 — ME Code / Title 38 / Chapter 8 / Section 995
38 §995. Members and organization
Status: in_force

1. Membership; terms; quorum. The commission consists of 8 members, of whom 4 must be appointed by the Premier of the Province of New Brunswick and 4 appointed by the Governor of the State. Initially, 4 of the members must be appointed for a one-year term and 4 members must be appointed for 2-year terms, so that members may not all reach the end of their terms at the same time. Thereafter, all members must be appointed for a term of 2 years and may be eligible for reappointment. Representatives of the governments of the United States and Canada must be invited as observers by the Governor of the State and the Premier of the Province of New Brunswick, respectively. Representatives from the governments of the United States and Canada may not be counted for purposes of determining a quorum. Alternates may be appointed for each member of the commission in the same manner as the members. The commission shall elect 2 cochairs, one of Canadian nationality and one of United States nationality, from among its members, each of whom holds office for a term of 2 years. A quorum consists of at least 6 members of the commission or their alternates, including at all times 3 Canadian and 3 United States members. The commission shall reach its decisions on all issues by consensus. When failing to reach consensus, the commission shall refer the issue for resolution to both the Governor of the State and the Premier of the Province of New Brunswick for their joint consideration. [RR 2021, c. 2, Pt. B, §265 (COR).]

2. Executive director. The commission shall appoint an executive director. The executive director shall serve as the principal staff to the commission and shall be responsible for preparation of the commission's agendas, meeting minutes, the commission's plans for management of the St. Croix International Waterway, public participation in the planning process, supervision of other commission staff and other duties as the commission may specify. The first executive director of the commission shall be nominated jointly by the State and the Province of New Brunswick and approved by the commission and shall serve for a period of 3 years in an office within a community along the St. Croix River. At the end of this initial 3-year term, the commission shall evaluate the performance of the executive director and submit their evaluation with recommended action to the State and the Province of New Brunswick. The State and the Province of New Brunswick shall each designate a staff person from their respective governments to serve as a principal liaison and facilitator for requests made by the executive director in the conduct of the planning and management efforts for the St. Croix International Waterway Commission. [PL 1987, c. 470, §2 (NEW).]

3. Meetings. The commission shall hold at least 2 meetings every calendar year and shall submit an annual report to the Governor of the State and the Premier of the Province of New Brunswick on or before March 31st of each year, along with an audit statement of the financial operations of the commission. The commission shall permit inspection of its records by the accounting agencies of both governments. The commission may employ both Canadian and United States citizens. Their employment shall be subject to the relevant United States and Canadian laws. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 532 — ME Code / Title 38 / Chapter 3 / Section 532
38 §532. Commissioners; appointment
Status: in_force

There shall be 5 members, hereinafter in this subchapter called Commissioners of the New England Interstate Water Pollution Control Commission from the State of Maine, as authorized by Title 5, section 12004‑K, subsection 3 . One commissioner shall be the Commissioner of Health and Human Services and one the Commissioner of Environmental Protection or a designee. The term of any such commissioner shall terminate at the time that commissioner ceases to hold said state office and a successor in that office shall be the successor as commissioner on this commission. The Governor shall appoint 3 more commissioners who shall be citizens of the State, one to represent municipal interests, one to represent industrial interests and one to represent the public generally. The term of the last 3 said commissioners shall be for a period of 3 years and shall hold office until a successor shall be appointed and qualified. The terms of each of the initial 5 members shall begin at the date of the appointment, provided the said compact shall then have been executed by the Governor of this State as prescribed in section 531 ; otherwise they shall begin upon the effective date of the compact in accordance with section 537 . [PL 1989, c. 503, Pt. B, §176 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]

Any commissioner may be removed from office by the Governor upon charges and after a hearing.
38 M.R.S. § 543 — ME Code / Title 38 / Chapter 3 / Section 543
38 §543. Pollution and corruption of waters and lands of the State prohibited
Status: in_force

The discharge of oil into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto lands adjacent to, on, or over such waters of the State is prohibited. [PL 1985, c. 496, Pt. A, §8 (AMD).]

Notwithstanding the prohibition of this section, the department may license the discharge of waste, refuse or effluent, including natural drainage contaminated by oil into or upon any coastal waters if, and only if, it finds that the discharge will be receiving the best available treatment and that the discharge will not degrade existing water quality, perceptibly violate the classification of the receiving waters or create any visible sheen upon the receiving waters. A license is not required and a person may not be considered in violation of this section for the discharge of oil to surface waters of the State if the discharge occurs in the process of recovering, containing, cleaning up or removing an oil spill to surface waters and is undertaken in compliance with the instructions of the commissioner or the commissioner's designee. [PL 1993, c. 333, §2 (AMD).]

In acting upon an application for any such license, the department shall follow the provisions of subchapter I insofar as they are applicable. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §108 (AMD).]
38 M.R.S. § 1483 — ME Code / Title 38 / Chapter 14-A / Section 1483
38 §1483. Regulation of disposal or storage of low-level radioactive waste classified by the Nuclear Regulatory Commission as below regulatory concern
Status: in_force

To the extent permitted under federal law, no low-level radioactive waste generated through the production of nuclear power that the United States Nuclear Regulatory Commission classified as low-level radioactive waste as of January 1, 1989, but which may be classified as below regulatory concern after that date, may be stored or disposed of in this State at other than a low-level radioactive waste storage or disposal facility licensed by the Nuclear Regulatory Commission, except as permitted under federal law as of January 1, 1989. Unless required under federal law, the State does not assume responsibility or ownership over these wastes by retaining jurisdiction over their storage and disposal. [PL 1989, c. 461, §2 (NEW).]
38 M.R.S. § 2176 — ME Code / Title 38 / Chapter 24 / Section 2176
38 §2176. Impact payments
Status: in_force

In addition to payment in lieu of taxes provided in section 2175‑B , the bureau shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community involved or by the State Tax Assessor. The bureau shall base its impact payments on measurable criteria including, without limitation: [PL 2011, c. 655, Pt. GG, §58 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Roads. Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility; [PL 1993, c. 310, Pt. B, §11 (AMD).]

2. Emergency response. Development and maintenance of adequate local emergency response capacity; [PL 2007, c. 406, §5 (AMD).]

3. Monitoring. Financial support for on-site, municipally employed personnel or for other means determined necessary to enable the municipality to monitor the facility's compliance with state and local requirements; and [PL 2007, c. 406, §6 (AMD).]

4. Other issues. Other issues determined on a case-specific basis by the applicant and bureau to be appropriate given the nature of the proposed facility. [PL 2011, c. 655, Pt. GG, §59 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 480-C — ME Code / Title 38 / Chapter 3 / Section 480-C
38 §480-C. Prohibitions
Status: in_force

1. Prohibition. A person may not perform or cause to be performed any activity listed in subsection 2 without first obtaining a permit from the department if the activity is located in, on or over any protected natural resource or is located adjacent to any of the following: A. A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).] B. Freshwater wetlands consisting of or containing: (1) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or (2) Peatlands dominated by shrubs, sedges and sphagnum moss. [PL 1995, c. 460, §4 (RPR); PL 1995, c. 460, §12 (AFF).] A person may not perform or cause to be performed any activity in violation of the terms or conditions of a permit. [PL 2001, c. 618, §2 (AMD).]

2. Activities requiring a permit. The following activities require a permit: A. Dredging, bulldozing, removing or displacing soil, sand, vegetation or other materials; [PL 1987, c. 809, §2 (NEW).] B. Draining or otherwise dewatering; [PL 1987, c. 809, §2 (NEW).] C. Filling, including adding sand or other material to a sand dune; or [PL 1987, c. 809, §2 (NEW).] D. Any construction, repair or alteration of any permanent structure. [PL 1987, c. 809, §2 (NEW).] [PL 1987, c. 809, §2 (NEW).]

3. Application. [PL 1993, c. 721, Pt. F, §1 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]

4. Significant groundwater well. A person may not perform or cause to be performed the establishment or operation of a significant groundwater well without first obtaining a permit from the department. [PL 2007, c. 399, §11 (NEW).]

5. Small-scale wind energy development. A person may not construct or cause to be constructed a wind energy development requiring certification under Title 35‑A, section 3456 without first obtaining a permit from the department under section 480‑II . [PL 2015, c. 264, §2 (NEW).]
38 M.R.S. § 1278 — ME Code / Title 38 / Chapter 12-A / Section 1278
38 §1278. Fees
Status: in_force

1. Fees established. [PL 2009, c. 374, §5 (RP).]

1-A. License and certification fees. Fees for each license and certification category are established under section 352 . The fees must be paid upon application and annually thereafter. [PL 2009, c. 374, §6 (NEW).]

2. Notification fees. Notification of asbestos abatement activities pursuant to section 1273, subsection 2 must be accompanied by the notification fee established under section 352 unless the activity occurs in single-unit residential buildings. Notification fees are based on the total linear or square feet of asbestos-containing material involved in the activity. A. [PL 2009, c. 374, §7 (RP).] [PL 2009, c. 374, §7 (AMD).]
38 M.R.S. § 343-E — ME Code / Title 38 / Chapter 2 / Section 343-E
38 §343-E. Voluntary response action program
Status: in_force

1. Liability protection for complete cleanup. Subject to the provisions of this section, a person may not be deemed a responsible party and that person is not subject to department orders or other enforcement proceedings or otherwise responsible under sections 568 ; 570 ; 1304, subsection 12 ; 1318‑A ; 1319‑J ; 1361 to 1367 or 1371 for, or as a result of, a discharge, release or threatened release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products, if the person investigates the discharge, release or threatened release and undertakes and completes response actions to remove or remedy all known discharges, releases and threatened releases at an identified area of real property in accordance with a voluntary response action plan approved by the commissioner. [PL 1993, c. 355, §5 (NEW).]

2. Liability protection for partial cleanup. The commissioner may approve a voluntary response action plan submitted under this section that does not require removal or remedy of all discharges, releases and threatened releases at an identified area of real property conditioned upon any or all of the terms identified in subsection 3 and based on consideration of the following: A. If reuse or development of the property is proposed, the voluntary response action plan provides for all response actions required to carry out the proposed reuse or development in a manner that protects public health and the environment; [PL 1993, c. 355, §5 (NEW).] B. The response actions and the activities associated with any reuse or development proposed for the property will not cause, contribute or exacerbate discharges, releases or threatened releases that are not required to be removed or remedied under the voluntary response action plan and will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases or threatened releases; and [PL 1993, c. 355, §5 (NEW).] C. The owner of the property that is the subject of the partial voluntary response action plan agrees to cooperate with the commissioner, the requestor or the commissioner's authorized representatives to avoid any action that interferes with the response actions. [PL 1993, c. 355, §5 (NEW).] [PL 1993, c. 355, §5 (NEW).]

3. Conditions for protection. The commissioner may condition the protection from liability provided by this section on the requestor's agreement to any or all of the following terms that the commissioner may determine to be necessary: A. To provide access to the property to the commissioner and the commissioner's authorized representatives; [PL 1993, c. 355, §5 (NEW).] B. To allow the commissioner or the commissioner's authorized representatives to undertake activities at the property including placement of borings, wells, equipment, and structures on the property; and [PL 1993, c. 355, §5 (NEW).] C. To the extent the requestor has title to the property, to grant easements or other interests in the property to the department for any of the purposes provided in paragraph A or B . An agreement under this subsection must apply to and be binding upon the successors and assigns of the owner. To the extent the requestor has title to the property, the requestor shall record the agreement or a memorandum approved by the commissioner that summarizes the agreement in the registry of deeds for the county where the property is located. [PL 1993, c. 355, §5 (NEW).] [PL 1993, c. 355, §5 (NEW).]

4. Investigation report. A voluntary response action plan submitted for approval of the commissioner must include an investigation report prepared by an appropriate professional that identifies and describes the nature and extent of the discharges, releases and threatened releases at the identified area of real property, methods of investigation, the analytical results and the professional's evaluation of this information. [PL 1993, c. 355, §5 (NEW).]

5. Approval of plan. When the commissioner approves a voluntary response action plan pursuant to subsection 1 or 2 , the commissioner shall include in the approval a no-action assurance pursuant to subsection 9 , acknowledging that so long as the plan is implemented pursuant to its terms and with the exercise of due care, the person submitting the plan and those persons identified in subsection 6 will receive the protection from liability provided under this section. Upon completion of the voluntary response action plan, the parties implementing the voluntary response action plan shall notify the commissioner who shall issue a certificate of completion upon demonstration by the parties that the response action is complete. In addition, a person who has submitted and received department approval of a voluntary response action plan and is implementing or has implemented that plan pursuant to its terms is not liable for claims for contribution regarding the site. [PL 1993, c. 355, §5 (NEW).]

6. Additional persons protected from liability. In addition to the person who undertakes and completes a voluntary response action pursuant to an approved voluntary response action plan, the liability protection provided by this section applies to the following persons: A. An owner or operator who is a responsible party or who is subject to department orders or other enforcement proceedings or otherwise responsible under sections 568 ; 570 ; 1304, subsection 12 ; 1318‑A ; 1319‑J ; 1361 to 1367 and 1371 for a discharge, release or threat of release and who undertakes and completes a voluntary response action plan that fully remediates all known discharges, releases or threatened releases. The liability protection is limited to protection from further clean-up requirements and does not include protection from liability for penalties, fines or natural resource damages, to the extent applicable, unless a no-action assurance issued pursuant to subsection 9 so provides; [PL 1993, c. 355, §5 (NEW).] B. A person providing financing to the person who undertakes and completes the response actions or who acquires or develops the identified property; [PL 1993, c. 355, §5 (NEW).] C. A lender or fiduciary as defined in section 1362 who arranges for the undertaking and completion of response actions; [PL 1993, c. 355, §5 (NEW).] D. A person who seeks to acquire or develop the identified property and who arranges for the undertaking and completion of response actions; [PL 1993, c. 355, §5 (NEW).] E. A successor or assign of a person to whom the liability protection applies; and [PL 1993, c. 355, §5 (NEW).] F. A person acting in compliance with a voluntary response action program approved by the commissioner who, while implementing the voluntary response action plan and exercising due care in implementation, causes, contributes or exacerbates a discharge or release, provided that the discharge or release is removed or remediated to the satisfaction of the commissioner. [PL 1993, c. 355, §5 (NEW).] [PL 1993, c. 355, §5 (NEW).]

7. Persons ineligible for protection from liability. The protection from liability provided by this section does not apply to: A. A person who causes, contributes or exacerbates a discharge, release or threatened release that was not remedied under an approved voluntary response action plan; [PL 1993, c. 355, §5 (NEW).] B. For partial voluntary response action plans that do not require removal or remediation of all known releases, a person who was responsible under sections 568 ; 570 ; 1304, subsection 12 ; 1318‑A ; 1319‑J ; 1361 to 1367 and 1371 for a discharge, release or threatened release; or [PL 1993, c. 355, §5 (NEW).] C. A person who obtains approval of a voluntary response action plan for purposes of this section by fraud or intentional misrepresentation, or by knowingly failing to disclose material information, or a successor or assign of the person who obtained approval if that successor or assign had knowledge that the approval was obtained by fraud or intentional misrepresentation or by knowingly failing to disclose material information. [PL 1993, c. 355, §5 (NEW).] [PL 1993, c. 355, §5 (NEW).]

8. Effect of protection from liability. This section does not affect the authority of the commissioner to exercise the powers or duties under law with respect to a discharge, release or threatened release, or the right of the commissioner or any other person to seek relief available, against a party who is not subject to the liability protection provided under this section. [PL 1993, c. 355, §5 (NEW).]

9. No-action assurance. The commissioner shall issue a written determination or enter into an agreement pursuant to subsections 1 or 2 to take no action under sections 568 ; 570 ; 1304, subsection 12 ; 1318‑A ; 1319‑J ; 1361 to 1367 and 1371 against a person afforded protection for undertaking a voluntary response action plan pursuant to subsection 6 when the commissioner approves a voluntary response action plan pursuant to subsections 1 and 2. For partial voluntary response action plans approved under subsection 2 , the commissioner's written determination or agreement to take no action may be limited to the matters addressed by the terms of the voluntary response action plan. A. A determination issued or agreement entered into under this subsection may be conditioned upon those terms identified in subsection 3 and upon any other reasonable conditions determined necessary by the commissioner. [PL 1993, c. 355, §5 (NEW).] B. A determination issued or agreement entered into under this subsection may extend to the successors and assigns of the person to whom it originally applies if the successors and assigns are bound by the conditions in the determination or agreements. [PL 1993, c. 355, §5 (NEW).] C. Issuance of a determination or execution of an agreement under this subsection does not affect the authority of the commissioner to expend funds, to take response action with respect to the discharge or release subject to the determination or agreement, or to take administrative or judicial action with respect to persons not bound by the determination or agreement. [PL 1993, c. 355, §5 (NEW).] [PL 1993, c. 355, §5 (NEW).]
38 M.R.S. § 90 — ME Code / Title 38 / Chapter 1 / Section 90
38 §90. Duties of commission
Status: in_force

1. Duties. The commission shall perform the duties set forth and such other duties as may be provided by law: A. Make, establish and enforce such rules and regulations not inconsistent with law that are binding upon all pilots licensed by the commission, and upon all parties employing such pilots; [PL 1999, c. 355, §10 (AMD).] B. Make and establish just and reasonable rates of pilotage for those vessels that are subject to this subchapter; [PL 2025, c. 253, §7 (AMD).] C. Establish and determine the qualifications of any person applying for a pilot's license and conduct examinations; [PL 1969, c. 410, §1 (NEW).] D. Issue any pilot's license in accordance with this subchapter and initiate proceedings to suspend or revoke these licenses; [PL 1999, c. 355, §11 (AMD).] E. Cause the laws, rules and regulations concerning pilots and pilotage matters to be fully observed and executed; [PL 1969, c. 410, §1 (NEW).] F. Hear and decide complaints made in writing or initiated on its own motion against any pilot for any misbehavior, neglect of, or breach of rules or regulations that it determines material to be investigated; [PL 1999, c. 355, §12 (AMD).] G. Hear and decide complaints made in writing by any pilot against any charterer, owner, agent, master or crew member of a vessel for any misbehavior toward such pilot in the performance of the charterer's, owner's, agent's, master's or crew member's duty, or any breach of the rules and regulations; [RR 2021, c. 2, Pt. B, §227 (COR).] H. [PL 1991, c. 837, Pt. A, §79 (RP).] I. To do all other things reasonable, necessary and expedient to insure proper and safe pilotage and to facilitate the efficient administration of this subchapter. [PL 1999, c. 355, Pt. B, §12 (AMD).] [PL 2025, c. 253, §7 (AMD).]
38 M.R.S. § 728 — ME Code / Title 38 / Chapter 5 / Section 728
38 §728. Compensation of commissioners; costs
Status: in_force

The court shall award a suitable compensation to be paid to the commissioners, and taxed and recovered by the prevailing party. The prevailing party recovers costs, except where it is otherwise expressly provided.