38 M.R.S. § 568-B — ME Code / Title 38 / Chapter 3 / Section 568-B
38 §568-B. Clean-up and Response Fund Review Board created
Status: in_force

1. Clean-up and Response Fund Review Board. The Clean-up and Response Fund Review Board, as established by Title 5, section 12004‑G, subsection 11‑A , is created to monitor income and disbursements from the fund under section 551 . The review board consists of 9 members appointed for 3-year terms as follows: A. One person representing the petroleum industry, appointed by the Governor, who is a representative of a statewide association of energy dealers; [PL 2019, c. 314, §1 (AMD).] A-1. One person, appointed by the President of the Senate, who has expertise in oil storage facility design and installation, oil spill remediation or environmental engineering; [PL 2019, c. 314, §1 (AMD).] B. Two members of the public appointed by the Governor who must have expertise in biological science, earth science, engineering, insurance or law and may not be employed in or have a direct and substantial financial interest in the petroleum industry; [PL 2019, c. 314, §1 (AMD).] C. The commissioner or the commissioner's designee; [PL 2015, c. 319, §30 (AMD).] D. The State Fire Marshal or the fire marshal's designee; [PL 2015, c. 319, §30 (AMD).] E. [PL 2019, c. 314, §1 (RP).] F. One member familiar with oil spill technology appointed by the Speaker of the House of Representatives; [PL 2015, c. 319, §30 (NEW).] G. One member with expertise in coastal geology, fisheries biology, marine fisheries or coastal wildlife habitat appointed by the President of the Senate; and [PL 2019, c. 314, §1 (AMD).] H. One member who is a licensed state pilot or a licensed merchant marine officer appointed by the Speaker of the House of Representatives. [PL 2015, c. 319, §30 (NEW).] An appointed member may not serve more than 2 consecutive 3-year terms. Members other than those described in paragraphs C and D are entitled to reimbursement for direct expenses of attendance at meetings of the review board. [PL 2023, c. 61, §8 (AMD).]

1-A. Vacancies on review board. An appointed member continues to serve until that member has been reappointed or a successor has been appointed except that, if the member has not been reappointed or a successor has not been appointed one year after the member’s term expires, the member may no longer continue to serve. A vacancy occurring other than by expiration of a term must be filled by appointment for the unexpired portion of the term. [PL 2023, c. 61, §8 (NEW).]

2. Powers and duties of review board. The Clean-up and Response Fund Review Board has the following powers and duties: A. [PL 2023, c. 61, §8 (RP).] B. To adopt rules in accordance with Title 5, chapter 375, subchapter 2 and guidelines necessary for the furtherance of the review board's duties and responsibilities under this subchapter; [PL 2011, c. 243, §3 (AMD).] C. [PL 2015, c. 319, §30 (RP).] D. To monitor income and disbursements from the fund under section 551 and adjust fees pursuant to section 551, subsection 4, paragraph F , as required to avoid a shortfall in the fund; [PL 2015, c. 319, §30 (AMD).] E. To, at such times and in such amounts as it determines necessary, and in consultation with the department, direct the transfer of funds from the Underground Oil Storage Replacement Fund to the fund; [PL 2015, c. 319, §30 (AMD).] F. To review department priorities for disbursements from the fund and make recommendations to the commissioner on how the fund should be allocated; [PL 2015, c. 319, §30 (AMD).] G. To review and comment on the State's marine oil spill contingency plan; and [PL 2015, c. 319, §30 (NEW).] H. To review and monitor issues for oil spill prevention and response and recommend to the commissioner any regulatory changes that are appropriate. [PL 2015, c. 319, §30 (NEW).] [PL 2023, c. 61, §8 (AMD).]

2-A. Meetings. The Clean-up and Response Fund Review Board shall meet 2 times per year unless the review board votes to hold an additional meeting or not to hold a meeting. Action may not be taken unless a quorum is present. A quorum is a majority of the seated members. [PL 2023, c. 61, §8 (AMD).]

2-B. Chair. The review board shall choose a member to serve as chair of the review board every 2 years. [PL 2023, c. 61, §8 (AMD).]

2-C. Appeals to review board. [PL 2023, c. 61, §8 (RP).]

2-D. Report; adequacy of fund. Beginning on April 15, 2015 and every other year thereafter, the Clean-up and Response Fund Review Board, with the cooperation of the commissioner, shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the department's and the review board's experience administering the fund, clean-up activities and 3rd-party damage claims. The report must include an assessment of the adequacy of the fund to cover anticipated expenses and any recommendations for statutory change. To carry out its responsibility under this subsection, the review board may order an independent audit of disbursements from the fund. [PL 2015, c. 319, §30 (AMD).]

2-E. Staff support. The commissioner shall provide the Clean-up and Response Fund Review Board with staff support. [PL 2015, c. 319, §30 (NEW).]

3. Repeal date. [PL 2015, c. 319, §30 (RP).]
38 M.R.S. § 3303 — ME Code / Title 38 / Chapter 37 / Section 3303
38 §3303. Exceptions
Status: in_force

The following facilities and structures are not subject to the prohibition in section 3302 : [PL 2025, c. 378, §12 (NEW).]

1. Functionally water-dependent uses. Any facility or structure, the primary purpose of which is a functionally water-dependent use; [PL 2025, c. 378, §12 (NEW).]

2. Swimming structures. Any dock, wharf or swimming and diving float that is used as a floating structure for swimming or diving or for the temporary tie-off of watercraft, is placed on internal waters of the State and is temporarily or permanently anchored to the bottom of those waters; [PL 2025, c. 378, §12 (NEW).]

3. Water toys. Any floating water toy, including, but not limited to, air mattresses, pool toys, floating noodles, swim rings, water mats and inflatable platforms smaller than 250 square feet in surface area; [PL 2025, c. 378, §12 (NEW).]

4. Ice fishing shacks. Any ice fishing shack described in Title 12, section 6523 or 12661 ; [PL 2025, c. 378, §12 (NEW).]

5. Aquaculture facilities. Any aquaculture facility for which the owner or operator has obtained a lease from the Commissioner of Marine Resources pursuant to Title 12, section 6072 , 6072‑A or 6072‑B ; [PL 2025, c. 378, §12 (NEW).]

6. Authorized nonwater-dependent floating structure. Any nonwater-dependent floating structure that has been approved for use as authorized under section 3304 ; [PL 2025, c. 378, §12 (NEW).]

7. Preexisting nonwater-dependent floating structures with preexisting leases. Any nonwater-dependent floating structure that existed prior to January 1, 2025 that is sited pursuant to a lease issued by the submerged lands leasing program, established pursuant to Title 12, section 1862, subsection 2 , prior to January 1, 2025; and [PL 2025, c. 378, §12 (NEW).]

8. Other facilities and structures. Any other facility or structure exempted from the prohibition under section 3302 by rule adopted pursuant to section 3307 . [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 12 — ME Code / Title 38 / Chapter 1 / Section 12
38 §12. Violation of subchapter
Status: in_force

Except as provided in section 13 , a violation of this subchapter or any harbor ordinance may be prosecuted and relief, fees, fines and penalties granted and assessed pursuant to the provisions of Title 30‑A, section 4452 . [PL 1991, c. 262, §1 (AMD).]
38 M.R.S. § 1044 — ME Code / Title 38 / Chapter 10 / Section 1044
38 §1044. Contracts
Status: in_force

A standard district, through its trustees, in order to carry out the purposes of its incorporation, may contract with a person, standard district, utility or corporation or with a municipality, the State or other governmental entity whether located inside or outside the boundaries of the standard district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 413 — ME Code / Title 38 / Chapter 3 / Section 413
38 §413. Waste discharge licenses
Status: in_force

1. License required. No person may directly or indirectly discharge or cause to be discharged any pollutant without first obtaining a license therefor from the department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §28 (AMD).]

1-A. License required for surface wastewater disposal systems. No person may install, operate or maintain a surface wastewater disposal system without first obtaining a license therefor from the department, except that the department may exempt or license by rule categories of storm water discharges to groundwater when the discharges will not have a significant adverse effect on the quality or classification of waters of the State. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A unless the rules are incorporated as amendments to existing rules that are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 219, §1 (AMD).]

1-B. License required for subsurface wastewater disposal systems. A license to install, operate or maintain a subsurface wastewater disposal system is governed as set forth in this subsection. A. A person may not install, operate or maintain a subsurface wastewater disposal system without first obtaining a license for the system from the department, except that a license is not required for systems designed and installed in conformance with the plumbing code, as adopted by the Department of Human Services under Title 22, section 42 . [PL 2003, c. 551, §5 (NEW).] B. The department may exempt or license by rule categories of subsurface discharges to groundwater in the same manner and using the same criteria as provided in subsection 1‑A . [PL 2005, c. 219, §2 (AMD).] [PL 2005, c. 219, §2 (AMD).]

2. Exemptions. A person is not considered in violation of this section for the discharge of rock, sand, dirt or other pollutants resulting from erosion related to agricultural activities, subject to the following conditions. A. The appropriate soil and water conservation district has recommended an erosion and sedimentation control plan or conservation plan for the land where this erosion originates. [PL 1983, c. 566, §16 (RPR).] B. The commissioner has certified that the plan meets the objectives of this chapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §28 (AMD).] C. The commissioner determines that the agricultural activities are in compliance with the applicable portion of the plan, or the soil and water district has certified that funds from existing federal and state programs are not available to implement the applicable portion of the plan. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §28 (AMD).] D. After the State receives authority to grant permits under the Federal Water Pollution Control Act, this exemption will not apply to any discharges considered point sources under federal law, including discharges from concentrated animal feeding operations and discharges from silvicultural point sources, as defined by federal law. [PL 1997, c. 794, Pt. A, §12 (NEW).] [PL 1997, c. 794, Pt. A, §12 (AMD).]

2-A. Exemptions; pesticide permits. [PL 1979, c. 281, §3 (RP).]

2-A. Exemptions. [PL 1979, c. 296, §2 (AMD); PL 1979, c. 663, §229 (RP).]

2-A. Exemptions; pesticide permits. [PL 1979, c. 541, Pt. B, §69 (RPR); PL 1979, c. 663, §229 (RP).]

2-B. Exemptions; snow dumps. The department may by rule license categories of snow dumps when the activity would not have a significant adverse effect on the quality or classifications of the waters of the State, except there may be no snow dumps directly into the fresh surface waters of the State. [PL 1997, c. 794, Pt. A, §12 (AMD).]

2-C. Dredge spoils. Holders of a permit obtained pursuant to the United States Clean Water Act, Public Law 92-500, Section 404, are exempt from the need to obtain a waste discharge license for disposal of dredged material into waters of the State when the dredged material is disposed of in an approved United States Army Corps of Engineers disposal site. Disposal of all dredged materials is governed by the natural resource protection laws, sections 480‑A to 480‑S . [PL 1989, c. 656, §1 (AMD).]

2-D. Exemptions; road salt or sand-salt storage piles. The commissioner may exempt any road salt or sand-salt storage area from the need to obtain a license under this section for discharges to groundwaters of the State when the commissioner finds that the exempt activity will not have a significant adverse effect on the quality or classifications of the groundwaters of the State. In making this finding, the commissioner's review must include, but is not limited to, the location, structure and operation of the storage area. Owners of salt storage areas shall register the location of storage areas with the department on or before January 1, 1986. As required by section 411 , the department shall prioritize municipal or quasi-municipal sand-salt storage areas prior to November 1, 1986. New or existing salt or sand-salt storage areas registered after October 1, 1999 may be exempt from licensing under this section as long as such areas comply with siting, operational and best management practices adopted by rule by the department. Storage areas other than those owned by municipalities or counties and registered prior to October 1, 1999 are exempt from licensing under this section as long as such areas comply with section 451‑A, subsection 1‑A and with operational and best management practices adopted by rule by the department. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . Storage areas owned by the Department of Transportation and registered prior to October 1, 1999 are not in violation of best management practice rules adopted by the department pursuant to this subsection if the Department of Transportation complies with the reporting requirements in section 451‑A . [PL 2003, c. 502, §1 (AMD).]

2-E. Exemptions; pesticide permits. [PL 1997, c. 794, Pt. A, §13 (RP).]

2-F. Exemption; aquaculture. Until the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, a person may not be considered in violation of this section if: A. The discharge activity is associated with off-shore marine aquaculture operations in the estuarine and marine waters; and [PL 1987, c. 769, Pt. A, §173 (NEW).] B. As a condition of obtaining a leasehold from the Department of Marine Resources, the Department of Environmental Protection certifies that the aquaculture activities mentioned in this subsection will not have a significant adverse effect on water quality or violate the standards ascribed to the receiving waters' classifications. [PL 1987, c. 769, Pt. A, §173 (NEW).] [PL 1997, c. 794, Pt. A, §14 (AMD).]

2-G. Exemptions; oil and hazardous substances spill response. A license is not required under this section for the following discharges: A. A discharge to groundwaters of the State that occurs in the process of recovering, containing, cleaning up or removing an oil or hazardous substance spill or leak if discharge complies with the instructions of the commissioner or the commissioner's designee; or [PL 1995, c. 493, §2 (NEW); PL 1995, c. 493, §21 (AFF).] B. A discharge to surface waters of the State that occurs in the process of recovering, containing, cleaning up or removing an oil or hazardous substance spill or leak if the discharge complies with the instructions of an on-scene coordinator pursuant to 40 Code of Federal Regulations, Part 300. [PL 1997, c. 794, Pt. A, §15 (AMD).] [PL 1997, c. 794, Pt. A, §15 (AMD).]

3. Transfer of ownership. Application for transfer of a license must be made no later than 2 weeks after the transfer of ownership or interest in the source of the discharge is completed. If a person possessing a license issued by the department transfers the ownership of the property, facility or structure that is the source of a licensed discharge, without transfer of the license being approved by the department, the license granted by the department continues to authorize a discharge within the limits and subject to the terms and conditions stated in the license, except that the parties to the transfer are jointly and severally liable for any violation until such time as the department approves transfer or issuance of a waste discharge license to the new owner. The department may in its discretion require the new owner to apply for a new license, or may approve transfer of the existing license upon a satisfactory showing that the new owner can abide by its terms and conditions. Except when it has been demonstrated within 5 years prior to a transfer, or some other time period acceptable to the department, that there is no technologically proven alternative to an overboard discharge, prior to transfer of ownership of property containing an overboard discharge, the parties to the transfer shall determine the feasibility of technologically proven alternatives to the overboard discharge that are consistent with the plumbing standards adopted by the Department of Health and Human Services pursuant to Title 22, section 42 based on documentation from a licensed site evaluator provided by the applicant and approved by the Department of Environmental Protection. The licensed site evaluator shall demonstrate experience in designing replacement systems for overboard discharge. If an alternative to the overboard discharge is identified, the alternative system must be installed within 90 days of property transfer, except that, if soil conditions are poor due to seasonal weather, the alternative may be installed as soon as soil conditions permit. The installation of an alternative to the overboard discharge may be eligible for funding under section 411‑A . This subsection applies to overboard discharge licenses issued before September 1, 2010. [PL 2011, c. 121, §1 (AMD).]

3-A. Transfer of ownership, significant expansion, division and public sewer connection. Beginning September 1, 2010, if property containing an overboard discharge is transferred or a significant action is proposed, the following procedures apply. For purposes of this subsection, "significant action" means a single construction project performed on a primary residence with an overboard discharge when the total material and labor cost of the construction project exceeds 100% of the median household income as specified in section 411 . "Significant action" does not include construction that makes the residence accessible to a person with a disability who resides in or regularly uses the residence or reconstruction performed in response to an event beyond the control of the owner, such as a hurricane, flood, fire or the unanticipated physical destruction of the residence. A. Application for transfer of an overboard discharge license must be made no later than 2 weeks after the transfer of ownership or interest in the source of the discharge is completed. If a person possessing a license issued by the department transfers the ownership of the property, facility or structure that is the source of a licensed discharge without transfer of the license being approved by the department, the license granted by the department continues to authorize a discharge within the limits and subject to the terms and conditions stated in the license as long as the parties to the transfer are jointly and severally liable for any violation thereof until such time as the department approves transfer or issuance of a waste discharge license to the new owner. The department may in its discretion require the new owner to apply for a new license or may approve transfer of the existing license upon a satisfactory showing that the new owner can abide by its terms and conditions. [PL 2011, c. 121, §2 (AMD).] B. If there is a transfer, or if a significant action is proposed, the owner of an overboard discharge must conduct an alternatives analysis, pursuant to section 414‑A, subsection 1‑B , and may be required to remove the overboard discharge system as provided in this paragraph. For the purposes of this paragraph, a property transfer is limited to a monetary sale of the property containing the overboard discharge. (1) Except when it has been demonstrated within 5 years prior to a transfer, or some other time period acceptable to the department, that there is no technologically proven alternative to an overboard discharge, prior to transfer of ownership of property containing an overboard discharge, the parties to the transfer shall determine the feasibility of technologically proven alternatives to the overboard discharge that are consistent with the plumbing standards adopted by the Department of Health and Human Services pursuant to Title 22, section 42 . (2) Except when it has been demonstrated within 5 years prior to the significant action, or some other time period acceptable to the department, that there is no technologically proven alternative to an overboard discharge, prior to the significant action the owner of the overboard discharge shall determine the feasibility of a technologically proven alternative to the overboard discharge that is consistent with the plumbing standards adopted by the Department of Health and Human Services pursuant to Title 22, section 42 . (3) The determination concerning whether there is a technologically proven alternative to an overboard discharge must be based on documentation from a licensed site evaluator provided by the applicant and approved by the Department of Environmental Protection that the system constitutes a best practicable treatment under section 414‑A, subsection 1‑B . If an alternative to the overboard discharge is identified, the alternative system must be installed within 180 days of property transfer or significant action, except that, if soil conditions are poor due to seasonal weather, the alternative may be installed as soon as soil conditions permit. On a property transfer, a commercial establishment may request an extension of the 180-day period based on information that an extension is necessary due to technical, economic or environmental considerations. The department may authorize an extension for a commercial establishment for as short an additional period as the department considers reasonable but in no case may an extension be authorized to continue beyond the expiration of the current waste discharge license or 2 years from the property transfer, whichever is later. Within 10 business days of receipt of a complete extension request, the department shall issue a written decision approving or denying the extension. (4) When the ownership of a property containing an overboard discharge has been transferred, the transferee may request from the department a waiver from the requirement in subparagraph (3) to install an alternative system. The department shall grant the waiver upon demonstration by the transferee that the transferee's annual income as defined in section 411‑A, subsection 2‑A is less than 100% of the median household income as specified in section 411 . A request for a waiver must be submitted with an application for transfer of the overboard discharge license in accordance with paragraph A . Nothing in this paragraph requires a municipality to withhold a local permit or approval associated with a significant action until the provisions of this paragraph have been met. [PL 2025, c. 44, §10 (AMD).] C. An overboard discharge must be removed without regard to available funding from the department where connection to a public sewer is practicable. [PL 2009, c. 654, §4 (NEW).] [PL 2025, c. 44, §10 (AMD).]

4. Conditions for licensing. [PL 1973, c. 450, §10 (RP).]

5. Registration of discharges exempted from licensing. [PL 1973, c. 450, §10 (RP).]

6. Unlicensed discharge. If after investigation the commissioner finds any unlicensed discharge, the commissioner may notify the Attorney General of the violation without recourse to the hearing procedures of section 347‑A . The Attorney General shall proceed immediately under section 348 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §28 (AMD).]

7. Tidal waters and subtidal lands. In connection with a license under sections 414 and 414‑A , whenever issued, the department may grant to a licensee a permit to construct, maintain and operate any facilities necessary to comply with the terms of that license in, on, above or under tidal waters or subtidal lands of the State. This permit may be issued upon such terms and conditions as the department determines necessary to insure that the facilities create minimal interference with existing uses, including a requirement that the licensee provide satisfactory evidence of financial capacity, or in lieu thereof, a bond in such form and amount as the department may find necessary, to insure removal of such facilities. In the event that the facilities are no longer necessary in order for the licensee or successor thereof to comply with the terms of its license, the department may, after opportunity for notice and hearing, require the licensee or successor to remove all or any portion of the facilities from the tidal waters or subtidal lands. This removal may be ordered if the department determines that maintenance of the facilities will unreasonably interfere with navigation, the development or conservation of marine resources, the scenic character of any coastal area, other appropriate existing public uses of such area or public health and safety, and that cost of this removal will not create an undue economic burden on the licensee or successor. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §28 (AMD).]

8. Treated wastewater. [PL 1997, c. 794, Pt. A, §16 (RP).]

9. Emergency public water utility license. [PL 1997, c. 794, Pt. A, §17 (RP).]

10. Marine aquaculture projects. After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, the department may issue to an owner of a marine aquaculture project a license for the discharge of pollutants to those waters only if the following conditions are satisfied: A. An application for a leasehold has been accepted as complete by the Department of Marine Resources and a copy of an approved leasehold is provided to the department prior to any discharge of pollutants; [PL 1997, c. 794, Pt. A, §18 (NEW).] B. The project will not have a significant adverse effect on water quality or violate the standards of the receiving water's classification; [PL 1997, c. 794, Pt. A, §18 (NEW).] C. The project will be managed and monitored in accordance with a program approved by the Department of Marine Resources; [PL 1997, c. 794, Pt. A, §18 (NEW).] D. The project is not located in waters classified as SA under section 465‑B, subsection 1 ; and [PL 1997, c. 794, Pt. A, §18 (NEW).] E. Other applicable requirements of this chapter are met. [PL 1997, c. 794, Pt. A, §18 (NEW).] A license issued pursuant to this subsection is void if water quality is significantly affected by the project. For the purposes of this subsection, an aquaculture project is a defined managed water area that uses discharges of pollutants into that designated area for the maintenance or production of harvestable plants or animals in estuarine or marine waters. [PL 1997, c. 794, Pt. A, §18 (NEW).]

11. Mercury. A facility discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices and implement future economically achievable improvements in wastewater technology in order to reduce that facility's dependence upon mercury products, reduce or remove discharges of mercury over time and help in the restoration of the waters of the State. The department shall establish and may periodically revise interim discharge limits, based on procedures specified by rule, for each facility licensed under this section and subject to this subsection in order to reduce the discharge of mercury over time and achieve the ambient water quality criteria established in section 420, subsection 1‑B . Notwithstanding section 420, subsection 1‑B or section 464, subsection 4, paragraph F , a facility discharging mercury shall at all times meet the interim limits established under this subsection. A. A discharge limit for mercury may not be less stringent statistically than an interim limit established by the department pursuant to Chapter 519 of rules adopted by the department, effective February 5, 2000, and must be based on recent data appropriate for the facility. A facility with such an interim limit shall comply with that limit unless the department establishes a different interim limit. [PL 2001, c. 418, §1 (NEW).] B. A facility that discharges mercury shall implement a pollution prevention plan consistent with requirements of the department. The department may require that the prevention plan be periodically updated. (1) The facility shall submit a copy of the pollution prevention plan to the department and the copy must be made available for viewing upon request by a member of the public. The facility shall provide information concerning the status of implementation of the pollution prevention plan to the department as required by the department. (2) The facility shall monitor for mercury and provide the monitoring information to the department as required by the department. [PL 2001, c. 418, §1 (NEW).] C. The department may adjust an interim discharge limit for mercury upward or downward upon its own action or at the request of a licensee based upon factors such as additional monitoring data, reduction in flow due to implementation of a water conservation plan, seasonal variations, increased atmospheric deposition and changes in levels of production. [PL 2001, c. 418, §1 (NEW).] D. The department may approve an application and establish an interim discharge limit for a new or expanded discharge of mercury after the effective date of this paragraph only if: (1) An opportunity for public participation is provided; (2) The discharge will not result in a significant lowering of existing water quality with respect to mercury; and (3) The action is necessary to achieve important economic or social benefits to the State. [PL 2001, c. 418, §1 (NEW).] E. [PL 2001, c. 418, §1 (NEW); MRSA T. 38 §413, sub-§11, ¶ E (RP).] F. Notwithstanding this subsection, whenever the commissioner finds that a danger to public health exists due to mercury concentrations in any waters of the State, the commissioner may issue an emergency order to all facilities discharging to those waters prohibiting or curtailing the further discharge of mercury and compounds containing mercury into those waters. These findings and the order must be served in a manner similar to that described in section 347‑A, subsection 3 and the parties affected by that order have the same rights and duties as are described in section 347‑A, subsection 3 . [PL 2001, c. 418, §1 (NEW).] G. A facility may not directly or indirectly discharge to a publicly owned treatment facility any concentration of mercury that contributes to the failure of the treatment facility to comply with interim effluent limits or applicable ambient water quality criteria for mercury. The owner of a publicly owned treatment facility may require any user of that facility, except for a residential source, to institute measures necessary to abate discharges of mercury to that facility. Those measures may include, but are not limited to, testing to determine concentrations of mercury, institution of pollution prevention practices or the evaluation of raw materials, products or practices. The owner of a publicly owned treatment facility may establish reasonable time schedules for completion of those measures. A facility that does not comply with abatement measures required by an owner of a publicly owned treatment facility may be subject to enforcement actions taken by the department or the owner of the facility and sanctions imposed by applicable municipal ordinances or section 349 . [PL 2001, c. 418, §1 (NEW).] [PL 2001, c. 418, §1 (NEW).]

12. Sampling for perfluoroalkyl and polyfluoroalkyl substances. Notwithstanding section 414‑A or any other provision of law to the contrary, the department by written notification may require a person licensed by the department to discharge wastewater to groundwater or any waters of the State to sample the effluent discharged for perfluoroalkyl and polyfluoroalkyl substances and to report the sample data to the department. Upon receipt of the written notification and as directed by the department, the person shall conduct the required sampling of the effluent for perfluoroalkyl and polyfluoroalkyl substances and report the sample data to the department. As used in this subsection, "perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as in Title 32, section 1732, subsection 5‑A . [PL 2021, c. 641, §1 (NEW).]

13. Landfill leachate; reporting. Notwithstanding section 414‑A or any other provision of law to the contrary, a person licensed by the department to discharge wastewater to groundwater or any waters of the State shall maintain a record of and annually report to the department in a manner determined by the department regarding the origin, volume and final disposition of leachate collected from a solid waste landfill delivered to or otherwise accepted by the licensee for treatment or other management. [PL 2025, c. 172, §1 (NEW).]
38 M.R.S. § 2155 — ME Code / Title 38 / Chapter 24 / Section 2155
38 §2155. Notification
Status: in_force

The bureau shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The bureau shall notify the municipal officers by certified mail within 30 days of making the recommendation. If the proposed site is located within the jurisdiction of the Maine Land Use Planning Commission, the bureau shall notify the Maine Land Use Planning Commission and the county commissioners in lieu of the municipal officers. [PL 2011, c. 655, Pt. GG, §42 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF); PL 2011, c. 682, §38 (REV).]
38 M.R.S. § 497 — ME Code / Title 38 / Chapter 3 / Section 497
38 §497. Additional controls; pending actions -- Article VII
Status: in_force

Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.
38 M.R.S. § 3106 — ME Code / Title 38 / Chapter 33 / Section 3106
38 §3106. Application
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Dealer acceptance. Except as otherwise provided in this section, a dealer operating a retail space of 5,000 square feet or more may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container or refuse to pay in cash the refund value of the returned beverage container as established by section 3103 unless the dealer has a written agreement with a redemption center to provide redemption services on behalf of the dealer and that redemption center: A. Is located within 10 miles from the dealer, as measured along public roadways; or [PL 2019, c. 526, §7 (NEW).] B. If there is no redemption center located within 10 miles from the dealer under paragraph A , is the redemption center in closest proximity to the dealer, as measured along public roadways. [PL 2019, c. 526, §7 (NEW).] This subsection does not require an operator of a vending machine to maintain a person to accept returned beverage containers on the premises where the vending machine is located. [PL 2019, c. 526, §7 (AMD).]

2. Permissive refusal by dealer. [PL 2019, c. 526, §7 (RP).]

3. Limitation or number of returnables accepted. A dealer may limit the total number of beverage containers that the dealer will accept from any one consumer or other person in any one business day to 240 containers, or any other number greater than 240. [PL 2015, c. 166, §14 (NEW).]

4. Limitation on hours for returning containers. A dealer may refuse to accept beverage containers during no more than 3 hours in any one business day. If a dealer refuses to accept containers under this subsection, the hours during which the dealer will not accept containers must be conspicuously posted. [PL 2015, c. 166, §14 (NEW).]

5. Acceptance by commingling group. A commingling group or its agent may not refuse to accept from any dealer or redemption center any empty, unbroken and reasonably clean beverage container, whether refillable or nonrefillable, or any beverage container that has been processed through an approved reverse vending machine or account-based bulk processing program that meets the requirements of rules adopted by the department pursuant to this chapter of the kind, size and brand sold by the members of the commingling group or refuse to pay to the dealer or redemption center the refund value of a beverage container as established by section 3103 . [PL 2023, c. 482, §13 (AMD); PL 2023, c. 482, §43 (AFF).]

5-A. (TEXT EFFECTIVE UNTIL 1/01/26) (TEXT REPEALED 1/01/26) Cost apportionment; waiver process. A dealer or redemption center may apply for and the department may approve a temporary waiver during which the dealer or redemption center may apportion beverage container costs to distributors using an alternative method that does not require processing of all beverage containers through a reverse vending machine or similar technology requiring the scanning of each container. A. Prior to approving a temporary waiver under this subsection, the department shall establish procedures regarding the administration of the temporary waiver process. In establishing those procedures, the department shall solicit and consider input from interested persons. The procedures must require that, prior to approving any submitted application from a dealer or redemption center for a temporary waiver, the department solicit input from interested persons regarding the application. [PL 2023, c. 482, §14 (NEW).] B. The department may approve a temporary waiver upon a finding that the dealer or redemption center has demonstrated to the department's satisfaction that it will implement an alternative method of apportioning beverage container costs to distributors that: (1) Uses a beverage container count method based on a statistically valid sample of beverage containers that is at least as accurate as the beverage container count method currently used by the dealer or redemption center; (2) Apportions beverage container costs to distributors using the beverage container count method described in subparagraph (1) by approximating the costs currently apportioned to distributors by the dealer or redemption center in a manner that is at least as accurate as that used under the auditing process described in section 3109, subsection 5‑B ; and (3) Implements a process by which the dealer or redemption center will return to a distributor an amount of beverage containers by weight that corresponds to the amount of the beverage container costs apportioned to the distributor in accordance with subparagraph (2). [PL 2023, c. 482, §14 (NEW).] C. A temporary waiver approved by the department may not exceed one year in duration. Prior to the expiration of an approved waiver, the dealer or redemption center may apply to the department for an extension of the waiver. The department may approve the waiver for a period not to exceed one additional year in duration upon a finding that the dealer or redemption center has submitted sufficient information to the department to demonstrate that the alternative apportionment method implemented during the previous waiver period satisfies the requirements of paragraph B . [PL 2023, c. 482, §14 (NEW).] D. A distributor that had beverage container costs apportioned to it by a dealer or redemption center using an alternative apportionment method under a waiver approved pursuant to this section may apply to the department for reimbursement of beverage container costs or other financial losses incurred as a direct result of the alternative apportionment method if the distributor can demonstrate to the department's satisfaction that the distributor: (1) Would have been paid additional beverage container costs if the distributor's beverage containers were processed through a reverse vending machine or similar technology that scanned each container; or (2) Otherwise suffered a financial loss as a direct result of the alternative apportionment method implemented under the waiver. A distributor must submit a request for reimbursement under this paragraph prior to December 31, 2025. If the department determines that a distributor is eligible for reimbursement under this paragraph, the department shall reimburse the distributor using funds from the Cost and Carbon Efficient Technology Fund established under section 3114‑A . [PL 2023, c. 482, §14 (NEW).] As used in this subsection, "beverage container costs" means a beverage container's refund value as established by section 3103 and the amount of the reimbursement of handling costs as established by subsection 7 . On or before February 15, 2025, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters describing its findings or recommendations regarding the implementation of the temporary waiver process under this subsection. The report may be included in the report required pursuant to section 3115, subsection 3 that is required by February 15, 2025. After reviewing the report, the committee may report out legislation relating to the report. This subsection is repealed January 1, 2026. [PL 2023, c. 482, §14 (NEW).]

6. Obligation to preserve container value. Notwithstanding subsection 8‑A , a commingling group or its agent may refuse to accept, or pay the refund value and handling costs to a dealer, redemption center or other person for, a beverage container that has been processed by a reverse vending machine or account-based bulk processing program in a way that has, for a nonrefillable beverage container, reduced the recycling value of the container below current market value or, for a refillable beverage container, has damaged the container in a manner that prevents its reuse. This subsection may not be interpreted to prohibit a written processing agreement between a commingling group and a dealer or redemption center and does not relieve a commingling group of its obligation under subsection 8‑A to accept empty, unbroken and reasonably clean beverage containers. Beginning July 15, 2026, the cooperative, on behalf of its member commingling groups, shall negotiate agreements with dealers and redemption centers regarding processing payments for each beverage container material type. The department shall adopt rules to establish the recycling value of beverage containers under this subsection and the rules may authorize the use of a 3rd-party vendor to determine if a beverage container has been processed by a reverse vending machine or account-based bulk processing program in a manner that, for a nonrefillable beverage container, has reduced the recycling value below current market value or, for a refillable beverage container, has damaged the container in a manner that prevents its reuse. The rules must outline the method of allocating among the parties involved the payment for 3rd-party vendor costs. [PL 2025, c. 241, §2 (AMD).]

7. Reimbursement of handling costs. Reimbursement of handling costs is governed by this subsection. A. In addition to the payment of the refund value, the initiator of the deposit under section 3103, subsections 1 , 2 and 4 shall reimburse the dealer or redemption center for the cost of handling beverage containers subject to section 3103 , in an amount that equals at least 3¢ per returned container for containers picked up by the initiator before March 1, 2004, at least 3 1/2¢ for containers picked up on or after March 1, 2004 and before March 1, 2010, at least 4¢ for containers picked up on or after March 1, 2010 and before January 1, 2020, at least 4 1/2¢ for containers picked up on or after January 1, 2020 and before May 1, 2023, at least 5 1/2¢ for containers picked up on or after May 1, 2023 and before September 1, 2023 and at least 6¢ for containers picked up on or after September 1, 2023. The initiator of the deposit may reimburse the dealer or redemption center directly or indirectly through a party with which it has entered into a commingling agreement. [PL 2023, c. 48, §1 (AMD).] B. In addition to the payment of the refund value, the initiator of the deposit under section 3103, subsection 3 shall reimburse the dealer or redemption center for the cost of handling beverage containers subject to section 3103 in an amount that equals at least 3¢ per returned container for containers picked up by the initiator before March 1, 2004, at least 3 1/2¢ for containers picked up on or after March 1, 2004 and before March 1, 2010, at least 4¢ for containers picked up on or after March 1, 2010 and before January 1, 2020, at least 4 1/2¢ for containers picked up on or after January 1, 2020 and before May 1, 2023, at least 5 1/2¢ for containers picked up on or after May 1, 2023 and before September 1, 2023 and at least 6¢ for containers picked up on or after September 1, 2023. The initiator of the deposit may reimburse the dealer or redemption center directly or indirectly through a contracted agent or through a party with which it has entered into a commingling agreement. [PL 2023, c. 48, §1 (AMD).] C. [PL 2019, c. 133, §1 (RP).] D. [PL 2019, c. 526, §7 (RP).] [PL 2023, c. 48, §1 (AMD).]

8. Obligation to pick up and recycle containers. [PL 2023, c. 482, §16 (AMD); MRSA T. 38 §3106, sub-§8 (RP).]

8-A. Obligation to pick up and recycle containers. In accordance with the requirements of this subsection and the rules adopted pursuant to this subsection, a designated pick-up entity has the obligation to ensure the timely pickup and recycling of all empty, unbroken and reasonably clean beverage containers subject to the requirements of this chapter from dealers and redemption centers, including from any locations where an account-based bulk processing program is in operation. As used in this subsection, "designated pick-up entity" means, until the cooperative implements a department-approved program plan pursuant to section 3107, subsection 3‑B, paragraph C or for any period of time in which a department-approved program plan is not implemented, a commingling group or its pick-up agent or, for any period of time in which a department-approved program plan is implemented, the cooperative or its pick-up agent or agents. A. Notwithstanding any provision of this subsection to the contrary, until the cooperative implements a department-approved program plan pursuant to section 3107, subsection 3‑B, paragraph C or for any period of time in which a department-approved program plan is not implemented, in the case of a designated pick-up entity that is a commingling group, the commingling group's responsibilities under this subsection apply only to those beverage containers from the initiators of deposit that are members of that commingling group. [PL 2025, c. 241, §3 (AMD).] B. The department shall adopt rules to implement this subsection. The rules must, at a minimum, establish pickup frequency standards based on the volume of beverage containers collected by each dealer or redemption center, accounting for any irregularities in volume, in a manner that promotes communication between designated pick-up entities and dealers and redemption centers and that increases transportation efficiency while maintaining the level of service provided to dealers and redemption centers such that dealers and redemption centers are not required to store collected beverage containers for extended periods of time without contact from and compensation provided by the designated pick-up entity. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 482, §17 (NEW).] [PL 2025, c. 241, §3 (AMD).]

9. Plastic bags. Plastic bags used by a dealer or redemption center and the cost allocation of these bags must conform to rules adopted by the department concerning size and gauge. Beginning July 15, 2025, the cooperative shall provide to the dealer or redemption center the plastic bags to be used by the dealer or redemption center to contain redeemed beverage containers or, within 6 weeks of receipt of a request for reimbursement from the dealer or redemption center for the cost of such plastic bags used by the dealer or redemption center, reimburse the dealer or redemption center for those requested costs. [PL 2025, c. 241, §4 (AMD).]

10. Application to containers originally sold in the State. The obligations to accept or take empty beverage containers and to pay the refund value and handling fees for such containers as described in subsections 1 , 5 , 7 and 8 apply only to containers originally sold in this State as filled beverage containers. A person who tenders to a dealer, distributor, redemption center or bottler more than 48 empty beverage containers that the person knows or has reason to know were not originally sold in this State as filled beverage containers is subject to the enforcement action and civil penalties set forth in this subsection. At each location where consumers tender containers for redemption, dealers and redemption centers must conspicuously display a sign in letters that are at least one inch in height with the following information: "WARNING: Persons tendering containers for redemption that were not originally purchased in this State may be subject to a fine of the greater of $100 per container or $25,000 for each tender. (38 MRSA Section 3106)." A person who violates the provisions of this subsection is subject to a civil penalty of the greater of $100 for each container or $25,000 for each tender of containers. [PL 2019, c. 526, §7 (AMD).]

11. License revocation. The department may revoke the license of a dealer or redemption center that has been adjudged to have committed a violation of this section. [PL 2015, c. 166, §14 (NEW).]

12. Bulk redemption. In order to prevent fraud from the redemption of beverage containers not originally sold in this State, this subsection governs the redemption of more than 2,500 beverage containers. A. A person tendering for redemption more than 2,500 beverage containers at one time to a dealer or redemption center must provide to the dealer or redemption center that person’s name and address and the license plate number of the vehicle used to transport the beverage containers. The dealer or redemption center redeeming these beverage containers shall forward that information to the department within 10 days, and the information must be kept on file for a minimum of 12 months. [PL 2015, c. 166, §14 (NEW).] B. After complying at least once with the requirements of paragraph A , a person need not comply with paragraph A each subsequent time that person tenders to a dealer or redemption center for redemption more than 2,500 beverage containers if: (1) All of the containers were collected at one location in this State; (2) All proceeds of the refund value benefit a nonprofit organization that has been determined by the United States Internal Revenue Service to be exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3); and (3) The person tendering the containers for redemption signs a declaration indicating the person’s name, the address of the collection point and the name of the organization or organizations that will receive the refund value. [PL 2015, c. 166, §14 (NEW).] [PL 2015, c. 166, §14 (NEW).]

13. Private right of action; containers not originally sold in the State. An initiator of deposit may maintain a civil action in Superior Court against a person, other than a redemption center licensed in accordance with section 3113 , that tenders to a redemption center or retailer more than 48 empty beverage containers that the person knows or has reason to know were not originally sold in this State as filled beverage containers. If the initiator of deposit prevails in any action, the initiator of deposit is entitled to an award of reasonable attorney's fees and court costs, including expert witness fees. [PL 2019, c. 526, §7 (AMD).]
38 M.R.S. § 3110 — ME Code / Title 38 / Chapter 33 / Section 3110
38 §3110. Prohibition on certain types of containers and holders
Status: in_force

A beverage may not be sold or offered for sale to consumers in this State: [PL 2015, c. 166, §14 (NEW).]

1. Flip tops. In a metal container designed or constructed so that part of the container is detachable for the purpose of opening the container without the aid of a separate can opener, except that nothing in this subsection prohibits the sale of a container, the only detachable part of which is a piece of adhesive-backed tape; and [PL 2015, c. 166, §14 (NEW).]

2. Plastic cans. In a container composed of one or more plastics if the basic structure of the container, exclusive of the closure device, also includes aluminum or steel. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 490-MM — ME Code / Title 38 / Chapter 3 / Section 490-MM
38 §490-MM. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

1. Advanced exploration. "Advanced exploration" means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities and are specified in rules adopted by the department. Samples taken as part of exploration are not considered bulk sampling. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Affected area. "Affected area" means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils or existing uses are potentially affected by mining operations as determined through an environmental impact assessment. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3. Beneficiation. "Beneficiation" means the treatment of ore to liberate or concentrate its valuable constituents. "Beneficiation" includes, but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation and dump, vat, tank and in situ leaching. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3-A. Cement. "Cement" means any of various calcined mixtures of clay and limestone that can be mixed with water and used as an ingredient in making mortar or concrete. [PL 2023, c. 398, §1 (NEW).]

4. Closure. "Closure" means activities undertaken to manage a mining area and, if necessary, an affected area, pursuant to an environmental protection, reclamation and closure plan approved by the department. "Closure" includes, but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts and underground workings. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

5. Contamination. As applied to groundwater, "contamination" means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as: A. Specified in rules relating to primary drinking water standards adopted pursuant to Title 22, section 2611 ; or [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Demonstrated by a statistically significant change in measured parameters that indicates deterioration of water quality determined through assessment monitoring. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] As applied to surface water, "contamination" means a condition created by any direct or indirect discharge that causes or contributes to nonattainment of applicable water quality or licensing standards under section 414‑A or 420 . The nonattainment may be attributable to the mining operation either by itself or in combination with other discharges. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

5-A. Dry stack tailings management. "Dry stack tailings management" means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system. [PL 2017, c. 142, §2 (NEW).]

6. Exploration. "Exploration" or "exploration activity" means the following activities when conducted in accordance with rules adopted by the department for the purpose of determining the location, extent and composition of metallic mineral deposits: test boring, test drilling, hand sampling, the digging of test pits, trenching or outcrop stripping for the removal of overburden having a maximum surface opening of 300 square feet per test pit or trench or other test sampling methods determined by the department to cause minimal disturbance of soil and vegetative cover. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

7. Heap or percolation leaching. "Heap or percolation leaching" means a process for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

8. Metallic mineral. "Metallic mineral" means any mineral, ore or excavated material that has metal or a metalloid element as its economically valuable constituent, regardless of the chemical end product of the metal or metalloid element. [PL 2023, c. 398, §2 (AMD).]

9. Metallic mineral operator. "Metallic mineral operator" means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees or contractors. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

10. Metallic product. "Metallic product" means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

10-A. Mine shaft. "Mine shaft" means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet. [PL 2017, c. 142, §2 (NEW).]

10-B. Mine waste. "Mine waste" means all material, including, but not limited to, overburden, rock, lean ore, leached ore or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities. [PL 2017, c. 142, §2 (NEW).]

10-C. Mine waste unit. "Mine waste unit" means any land area, structure, location, equipment or combination thereof on or in which mine wastes are managed. A structure or area of land does not become a mine waste unit solely because it is used to store nonreactive mine wastes generated on the site, such as soil or overburden, for 90 days or less. [PL 2017, c. 142, §2 (NEW).]

11. Mining, mining operation or mining activity. "Mining," "mining operation" or "mining activity" means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration or any of the following activities: A. The physical extraction, crushing, grinding, sorting, storage or heating of calcium carbonate or limestone to produce cement when such activity is subject to article 6 , article 8‑A or Title 12, chapter 206‑A or when such activity covers one acre or less of surface area in total; [PL 2023, c. 398, §3 (NEW).] B. The exploration for or physical extraction, crushing, grinding, sorting or storage of borrow, topsoil, clay or silt when such activity is subject to article 7 or Title 12, chapter 206‑A or when such activity covers 5 acres or less of surface area in total; [PL 2023, c. 398, §3 (NEW).] C. The exploration for or physical extraction, crushing, grinding, sorting or storage of gemstones, aggregate, dimension stone or other construction materials from a quarry that is subject to article 8‑A or Title 12, chapter 206‑A or when such activity covers one acre or less of surface area in total; and [PL 2023, c. 398, §3 (NEW).] D. The exploration for or physical extraction, crushing, grinding, sorting or storage of any other metallic minerals when such activity has been excluded from the requirements of this article pursuant to a determination made by the department under section 490‑NN, subsection 4 . [PL 2023, c. 398, §3 (NEW).] [PL 2023, c. 398, §3 (AMD).]

12. Mining area. "Mining area" means an area of land described in a permit application and approved by the department, including but not limited to land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located or the lands on which water reservoirs used in a mining operation are located. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

13. Mining permit. "Mining permit" means a permit issued under this article for conducting mining and reclamation operations. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

13-A. Open-pit mining. "Open-pit mining" means, for any single mining operation permitted under this article, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches. [PL 2017, c. 142, §2 (NEW).]

14. Permittee. "Permittee" means a person who is issued a mining permit. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

15. Post-closure monitoring period. "Post-closure monitoring period" means a period following closure during which a permittee is required to conduct monitoring of groundwater and surface water and other environmental parameters as specified in a mining permit. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

16. Reclamation. "Reclamation" or "reclamation operation" means the rehabilitation of the mining area, affected area and any other area of land or water body affected by mining under an environmental protection, reclamation and closure plan approved by the department. "Reclamation" includes, but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest and enhancement of wildlife and aquatic resources. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

17. Tailings impoundment. "Tailings impoundment" means a surface area, contained by dikes or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. "Tailings impoundment" does not include a lined surface area on which dewatered tailings are stacked. [PL 2017, c. 142, §3 (RPR).]

18. Wet mine waste unit. "Wet mine waste unit" means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution. [PL 2017, c. 142, §4 (NEW).]
38 M.R.S. § 589 — ME Code / Title 38 / Chapter 4 / Section 589
38 §589. Registration; penalties
Status: in_force

The commissioner may require the registration of persons or air contamination sources, of a type the board may by rule prescribe, engaged in activities that emit air contaminants and may also require persons operating stationary air contamination sources to install, maintain and use reasonable emission monitoring devices as the board by rule may prescribe. [PL 1991, c. 384, §9 (RPR); PL 1991, c. 384, §16 (AFF).]

1. Reporting requirements. Persons may be required by the commissioner to periodically report on the location, size of outlet, height of outlet, rate and period of emission and composition of air contaminants, location and type of air pollution control apparatus and other information as prescribed by rule of the board. A. The commissioner shall establish procedures for reporting ambient air quality data, including reporting violations of ambient air quality standards and emission standards. [PL 1991, c. 384, §9 (NEW); PL 1991, c. 384, §16 (AFF).] B. A person may not be required to submit to the commissioner more than one copy of ambient air monitoring data or meteorological data more frequently than quarterly unless required by the federal Environmental Protection Agency. [PL 1991, c. 384, §9 (NEW); PL 1991, c. 384, §16 (AFF).] [PL 1991, c. 384, §9 (NEW); PL 1991, c. 384, §16 (AFF).]

2. Stack tests. A person is not required to conduct stack tests for chlorine or chlorine dioxide more frequently than once every 5 years unless visible emissions, operating parameters or other information indicates the source may be operating out of compliance with any applicable emission standard or unless there are more stringent federal requirements. A person is not required to conduct stack tests for particulate matter on a source monitored by a continuous monitoring device for opacity as specified by 40 Code of Federal Regulations, Part 60, Appendix B, specification 1 or appropriate surrogate parameters as required by the commissioner more frequently than once every 5 years unless visible emissions, operating parameters or other information indicates the source may be operating out of compliance with any applicable emission standard or unless there are more stringent federal requirements. If visible emissions, operating parameters or other information indicates potential noncompliance with an air emission standard or if there are more stringent federal requirements, the department may require additional stack tests. [PL 2007, c. 589, §6 (AMD); PL 2007, c. 589, §9 (AFF).]

3. Emission monitoring devices. Except as provided in this subsection, failure by a person to register, install, maintain and use emission monitoring devices or to file reports from those devices renders that person liable to the penalties prescribed in section 349 . Emission monitoring devices must record accurate and reliable data during all source-operating time except for periods when emission monitoring devices are subject to established quality assurance and quality control procedures or to unavoidable malfunction. In any enforcement action brought by the department, the burden of proof is on the licensee to demonstrate that the failure of emission monitoring devices to record accurate and reliable data was due to an unavoidable malfunction or the performance of established quality assurance and quality control procedures on the monitoring system. A. The department may not initiate enforcement action pursuant to section 349 against any person for failure to operate a continuous emission monitoring system for gaseous emissions as long as the system is recording accurate and reliable data at least 90% of the source-operating time in each quarter of the calendar year. If the continuous emission monitoring system for gaseous emissions is recording accurate and reliable data less than 90% of source-operating time within any quarter of the calendar year, the department may initiate enforcement action and may include in that enforcement action any period of time that the continuous emission monitoring system was not recording accurate and reliable data during that quarter unless the licensee can demonstrate to the satisfaction of the department that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and quality control procedures or unavoidable malfunctions. [PL 1993, c. 464, §1 (NEW).] B. The department may not initiate enforcement action pursuant to section 349 against any person for failure to operate a continuous opacity monitoring system as long as the system is recording accurate and reliable data at least 95% of the source-operating time in each quarter of the calendar year, excluding time periods when the licensee is performing quality assurance and quality control procedures on the system that are required by the department. If the continuous opacity monitoring system is recording accurate and reliable data less than 95% of the source-operating time within any quarter of the calendar year, the department may initiate enforcement action and may include in that enforcement action any period of time that the continuous opacity monitoring system was not recording accurate and reliable data during that quarter unless the licensee can demonstrate to the satisfaction of the department that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and quality control procedures or unavoidable malfunctions. [PL 1993, c. 464, §1 (NEW).] [PL 1993, c. 464, §1 (AMD).]
38 M.R.S. § 3006 — ME Code / Title 38 / Chapter 31 / Section 3006
38 §3006. Relationship to other land-use law
Status: in_force

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 412-A — ME Code / Title 38 / Chapter 3 / Section 412-A
38 §412-A. Technical and legal assistance
Status: in_force

At the request of any recipient of state funds under section 411 or 412 , the commissioner is authorized to provide technical assistance and, through the Attorney General, legal assistance in the administration or enforcement of any contract entered into, by or for the benefit of the recipient in connection with wastewater treatment works or other facilities assisted by these funds. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §27 (AMD).]

Whenever any state funds have been disbursed pursuant to section 411 or 412 , the State, acting through the Attorney General, shall have a direct right of action against the recipient thereof, or any contractor, subcontractor, architect, engineer or manufacturer of any equipment purchased with these funds, to recover the funds, as well as any federal funds administered by the commissioner for the same purposes, which may be properly awarded as actual damages in an action alleging negligence or breach of contract. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §27 (AMD).]
38 M.R.S. § 718 — ME Code / Title 38 / Chapter 5 / Section 718
38 §718. --offer of increased compensation
Status: in_force

The owner of the mill, dam or canal may within the time provided in section 717 offer in writing to the owner of the land injured, an increase of compensation for the future. If the owner of the land does not agree to accept it, but brings a new complaint for the purpose of increasing it, the owner of the land may not recover costs unless that owner obtains an increase greater than the offer. [PL 2023, c. 405, Pt. A, §137 (AMD).]
38 M.R.S. § 342-B — ME Code / Title 38 / Chapter 2 / Section 342-B
38 §342-B. Liability of fiduciaries and lenders
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. The following must be considered in determining whether a secured lender is "acting diligently to sell or otherwise divest" or as "evidence of diligent efforts to sell or divest:" (1) Use of the property during the period; (2) Market conditions; (3) Marketability of the site; or (4) Legal constraints on the sale or divestment. If the lender holds the property for longer than the 5-year period but meets the conditions in subsection 4, paragraph C , subparagraph (4) and the requirements enumerated in this paragraph, then liability is not imposed on the lender. [PL 1993, c. 355, §4 (NEW).] B. "Assets of the estate or trust" means assets of the estate or trust of which the site is a part; assets that subsequent to knowledge of the release are placed by the fiduciary or the grantor in an estate or trust over which the fiduciary has control if the grantor is or was an owner or operator of the release site at the time of the transfer; and assets that are transferred by the fiduciary upon or subsequent to knowledge of the release for less than full and fair consideration, to the extent of the amount that the fair market value exceeded the consideration received by the estate or trust. [PL 1993, c. 355, §4 (NEW).] C. "Participates in management" means, while the borrower is in possession of the facility, executing decision-making control over the borrower's management of oil or hazardous materials or exercising control over substantially all of the operational aspects of the borrower's enterprise, but does not include the following: (1) Conducting or requiring site assessments of the property; (2) Engaging in periodic or regular monitoring of the business; (3) Financing conditioned on compliance with environmental laws; (4) Providing general business or financial advice, excluding management of hazardous materials and oil; (5) Providing general advice with respect to site management; (6) Policing the security interest or loan; (7) Engaging in work-out activities prior to foreclosure; or (8) Participating in foreclosure proceedings. [PL 1993, c. 355, §4 (NEW).] [PL 1993, c. 355, §4 (NEW).]

2. Exemption from liability. 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, liable or otherwise responsible under sections 568 ; 570 ; 1304, subsection 12 ; 1318‑A ; 1319‑J ; 1361 to 1367 ; and 1371 for discharges, releases or threats of releases of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant or a petroleum product or by-product if that person is: A. A fiduciary, as defined in section 1362, subsection 1‑D , but that exclusion does not apply to an estate or trust of which the site is a part; or [PL 1993, c. 355, §4 (NEW).] B. A lender, as defined in section 1362, subsection 1‑B , who, without participating in management of a site, holds indicia of ownership primarily to protect a security interest in the site. [PL 1993, c. 355, §4 (NEW).] [PL 1993, c. 355, §4 (NEW).]

3. Exclusion from exemption for fiduciaries. The exemption from liability provided by subsection 2 does not apply if: A. The fiduciary causes, contributes to or exacerbates the discharge, release or threat of release; or [PL 1993, c. 355, §4 (NEW).] B. After acquiring title to or commencing control or management of the site, the fiduciary does not: (1) Notify the department within a reasonable time after obtaining knowledge of a release or threat of release; (2) Provide reasonable access to the site to the department and its authorized representatives so that necessary response actions may be conducted; and (3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment. [PL 1993, c. 355, §4 (NEW).] [PL 1993, c. 355, §4 (NEW).]

4. Exclusion from exemption for lenders. The exemption from liability for lenders provided in subsection 2 does not apply if: A. The secured lender causes, contributes to or exacerbates the discharge, release or threat of release; [PL 1993, c. 355, §4 (NEW).] B. The secured lender participates in management of the site prior to acquiring ownership of the site; or [PL 1993, c. 355, §4 (NEW).] C. After acquiring ownership of the site and upon obtaining knowledge of a release or threat of release, the secured lender does not: (1) Notify the department within a reasonable time after obtaining knowledge of a release or threat of release; (2) Provide reasonable access to the department and its authorized representatives so that necessary response actions may be conducted; (3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment; and (4) Act diligently to sell or otherwise divest the property within a limited time period of up to 5 years from the earlier of the lender's possession or ownership. There is a rebuttable presumption that the 2nd lender is acting diligently to sell or otherwise divest the property during the first 18 months after taking possession. The secured lender must demonstrate by a preponderance of the evidence diligent efforts to sell or divest the property during the next 42 months. [PL 1993, c. 355, §4 (NEW).] When a lender has ownership or possession of a site pursuant to a security interest in the site, the term "owner" or "operator" means a person who owned or operated the site immediately prior to that secured lender obtaining ownership or possession of the site. [PL 1993, c. 355, §4 (NEW).]

4-A. Exemption from liability for discharges during approved site investigation work. Notwithstanding subsection 3, paragraph A and subsection 4, paragraph A , a fiduciary or lender is exempt from liability under subsection 2 if the fiduciary or lender causes, contributes to or exacerbates a discharge, release or threat of release while undertaking investigations in accordance with a voluntary response action plan approved by the commissioner under section 343‑E . [PL 2011, c. 206, §4 (NEW).]

5. Relationship to ground water fund claims. The exemption provided in subsection 2, paragraph B from liability under section 570 does not exempt lenders who apply to the Maine Ground and Surface Waters Clean-up and Response Fund for coverage pursuant to section 568‑A from the obligation to pay the full amount of deductible determined by the commissioner. [PL 2015, c. 319, §8 (AMD).]

6. Exempt person as party. Notwithstanding the exemption from liability provided by this section, a fiduciary may be named as a party in an administrative enforcement proceeding or civil action brought by the State pursuant to this Title for purposes of requiring the submission of information or documents relating to an uncontrolled hazardous substance site, for purposes of proceeding against the assets of the estate or trust for reimbursement, fines or penalties or for purposes of compelling the expenditure of assets of the estate or trust by the fiduciary to abate, clean up or mitigate threats or hazards posed by a discharge or release, or to comply with state environmental laws and regulations or the terms of a department order of enforcement proceeding. This subsection does not require the fiduciary to expend its own funds or to make the fiduciary personally liable for compliance pursuant to an order or enforcement proceeding except as provided in section 568, subsection 4, paragraph B or section 1365, subsection 6 . [RR 1993, c. 1, §111 (COR).]
38 M.R.S. § 1271 — ME Code / Title 38 / Chapter 12-A / Section 1271
38 §1271. Findings and purpose
Status: in_force

The Legislature finds that the presence of friable and potentially friable asbestos in public and private buildings is a public health hazard; that State Government and local government agencies are conducting major abatement programs; that it is critical to the safe conduct of all asbestos abatement activities such as monitoring, design, analysis, training, identification, encapsulation, removal, handling and disposal activities that trained and qualified personnel from the public and private sectors be employed; and that work practice standards for asbestos abatement activities must be established and enforced to ensure protection of the public health. [PL 1993, c. 355, §25 (AMD).]

The purpose of this chapter is to provide a flexible means by which the State, acting through the Department of Environmental Protection, may ensure that those engaged in the management and abatement of friable asbestos-containing materials are properly trained, supervised and directed to protect the public health. [PL 1991, c. 473, §1 (AMD).]
38 M.R.S. § 991 — ME Code / Title 38 / Chapter 8 / Section 991
38 §991. Findings and purpose
Status: in_force

The Legislature finds that the St. Croix River for its entire length, including Grand Lake and Spednick Lake, forms a common international boundary between the United States and Canada; and that the management of the waterway and the use of adjacent lands is of special concern to the State and the Province of New Brunswick. [PL 1987, c. 470, §2 (NEW).]

The Legislature finds that the State shares an important cultural, social and economic heritage with the Province of New Brunswick, that northern and eastern Maine's economies are interdependent with that of the Province of New Brunswick and that careful efforts to promote tourism and development can have shared benefits for citizens of both regions. [PL 1987, c. 470, §2 (NEW).]

The Legislature finds that the St. Croix River was identified as one of the State's most outstanding river stretches in the former Department of Conservation's 1982 Maine Rivers Study and is specifically designated for protection in Title 12, section 405 . [PL 2013, c. 405, Pt. D, §18 (AMD).]

The Legislature recognizes that industrial use of the river system and adjacent forest land has been the mainstay of the region's economy for generations and that such continued use should be encouraged. [PL 1987, c. 470, §2 (NEW).]

The Legislature finds that the St. Croix River and lakes system provides an outstanding recreational fishery, including fishing opportunities for Atlantic salmon, and that the adjacent lands provide habitat for various species of wildlife, including the bald eagle and osprey. [PL 1987, c. 470, §2 (NEW).]

The Legislature finds that the diverse landscape features and natural resources provide the visitor with opportunities for boating, canoeing, hiking, bird watching, camping, swimming, picnicking, ice fishing, hunting, snowmobiling and cross-country skiing, among other activities; and that the river and forest lands along its shores provide hydropower and the raw materials for a forest products industry offering quality employment opportunities to people of the State. [PL 1987, c. 470, §2 (NEW).]

The Legislature further finds that the thoughtful development of opportunities to appreciate and use these resource features can provide increased development of tourism and employment, while protecting the very resources attracting people to the area; and to shepherd the resources carefully and effectively, while promoting the tourism potential of the area, requires joint planning, development and management of the area by the State and the Province of New Brunswick. [PL 1987, c. 470, §2 (NEW).]

The Legislature further finds that the St. Croix River Joint Advisory Commission, an international commission formed by the Governor of the State and the Premier of the Province of New Brunswick, in July 1986, to study the need for coordinated planning and management of the St. Croix River, recommended, in November 1986, the formation of a permanent 8-member commission, to be known as the St. Croix International Waterway Commission, composed of 4 representatives from Maine and 4 from the Province of New Brunswick, to develop a plan to coordinate planning and management of the uses and resources of the St. Croix Waterway. [PL 1987, c. 470, §2 (NEW).]

In view of the need for coordination of joint planning, development and management of the waterway by the State, the Province of New Brunswick and the affected private interests and the recommendation of the St. Croix River Joint Advisory Commission that Maine participate in a permanent commission, which shall be known as the St. Croix International Waterway Commission, and the fact that the Governor of the State and the Premier of the Province of New Brunswick have signed a Memorandum of Understanding, which is the basis of this chapter and describes the composition, powers, authorities and boundaries of the commission, the participation of the State on the commission is hereby authorized and the necessary funds to support the State's participation shall be appropriated to the commission. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 480-Y — ME Code / Title 38 / Chapter 3 / Section 480-Y
38 §480-Y. Creation of agricultural irrigation ponds
Status: in_force

1. General permit. A general permit is required for the alteration of a freshwater, nontidal stream to construct an agricultural irrigation pond. If the provisions of this section are met, an individual permit is not required. [PL 1995, c. 659, §1 (NEW).]

2. Eligibility criteria. The following eligibility criteria must be met. A. The farm must have an irrigation management plan, referred to in this section as the "irrigation plan." The irrigation plan must identify the total number of irrigated acres on the farm or on a specified management unit, the amount of water needed, the potential sources of water for irrigating the field and the water management practices that will be used to ensure that the amount of water used for crop irrigation will be kept to a minimum. For the purposes of this subsection, "farm" has the same meaning as in Title 7, section 152, subsection 5 . [PL 2007, c. 649, §10 (AMD).] B. The department must have assessed the affected area as having no significant habitat for fish and wildlife. For the purposes of this section, "significant habitat" means the same as "significant wildlife habitat" in section 480‑B, subsection 10 ; a fish spawning or nursery habitat; a habitat required for migration of fish species to or from a spawning or nursery habitat; or a habitat otherwise supporting a moderate to high population of salmonid species as determined by the Department of Inland Fisheries and Wildlife. [PL 1995, c. 659, §1 (NEW).] C. The pond may not be located in a wetland containing endangered or threatened plant species as determined pursuant to Title 12, section 544‑B, subsection 3 or containing a natural community that is imperiled (S2) or critically imperiled (S1) as defined by the Natural Areas Program pursuant to Title 12, section 544. [PL 1999, c. 556, §33 (AMD).] D. A site assessment must be conducted by the department prior to the submission of an application. The department may defer a site assessment for a reasonable period when winter conditions prevent the department from properly evaluating the affected area. [PL 1995, c. 659, §1 (NEW).] E. The pond may not be located in a river, stream or brook if the department determines at the site assessment that there is a practicable alternative water supply that would be less damaging to the environment. For purposes of this paragraph, the term "practicable" means feasible considering cost, existing technology and logistics based on the overall purpose of the project. [PL 1999, c. 243, §15 (NEW).] [PL 2007, c. 649, §10 (AMD).]

3. Standards. The following standards must be met. A. The pond, dams, inlets and outlets must be designed by a professional engineer to United States Natural Resources Conservation Service standards. [PL 2011, c. 538, §10 (AMD).] B. Dam fill material must be specified by the professional engineer and must be compacted to 95% of standard proctor. Compaction testing must be conducted with tests performed at a minimum of 2 per dam site or one every 100 feet of dam length, whichever is greater. [PL 1995, c. 659, §1 (NEW).] C. For a pond that is constructed in a river, stream or brook, the pond outlet must be designed to passively discharge a minimum flow equal to inflow or the site-specific aquatic base flow, whichever is less, at all times. For a pond that is constructed adjacent to a river, stream or brook and that uses an inlet pipe or trench from the river, stream or brook, the inlet must be constructed to maintain the site-specific aquatic base flow. The site-specific aquatic base flow must be that specified by the department following consultation with the Department of Inland Fisheries and Wildlife, the United States Natural Resources Conservation Service and other qualified advisors during the site assessment. [PL 2011, c. 538, §10 (AMD).] D. The pond outlet must be designed and maintained to ensure a cold water release by using a method such as a bottom draw and to induce dissolved oxygen by using a method such as a riprap slope to increase water turbulence. [PL 1995, c. 659, §1 (NEW).] E. An erosion control plan must ensure that siltation or sedimentation downstream of the dam site is kept to a minimum, to the fullest extent practical, during construction, operation and maintenance of the irrigation pond. [PL 1995, c. 659, §1 (NEW).] F. The landowner shall maintain a permanently vegetated buffer strip that consists of field grasses or woody vegetation 25 feet wide around the pond except where slopes are equal to or greater than 20%, in which case the buffer strip must be 75 feet wide. Unless recommended to be thinned or mowed on an annual basis by the department or the United States Natural Resources Conservation Service, buffer strip vegetation may not be cut. An access road and irrigation pipes may cross through the buffer strip. [PL 1995, c. 659, §1 (NEW).] G. All instream construction activities must be conducted between July 15th and October 1st of the same year unless the department determines in the site assessment that an earlier start date will not cause a significant adverse impact to fish and wildlife resources. [PL 1995, c. 659, §1 (NEW).] [PL 2011, c. 538, §10 (AMD).]

4. Submissions. The following provisions apply to the submission of applications. A. An application must be filed with the department and must include the following: (1) The application cover sheet, as provided by the department; (2) The United States Geological Survey topographical map with the boundaries of the farm and the pond site clearly marked; (3) A photograph of the stream at the proposed dam site; (4) A copy of the irrigation plan for the farm; (5) Site plans showing existing and proposed topography, stream channel location, existing wetland boundaries, maximum and normal pool elevations for a pond in a river, stream or brook, dam footprints, pond inlet and outlet locations, emergency spillway location, access roads, stockpile locations and buffer strips; (6) Cross sections through the dam and outlet structure, including proposed maximum pool elevation and normal pool elevation; (7) A plan to maintain minimum flow downstream, including any calculations used to create the plan; (8) A complete erosion control plan using practices contained in the "Maine Erosion and Sediment Control Handbook for Construction: Best Management Practices" (1991) unless otherwise approved or required by the department. The erosion control plan must include a narrative with a sequence for implementing the plan, provisions to inspect and maintain erosion controls and a site plan showing locations of control measures. The plan must include provisions for maintaining a dry construction site. These provisions may consist of construction during a no-flow period, a temporary cofferdam or a stream diversion. The erosion control plan must also include provisions for dewatering and disposal of dredged and excavated soil material. The disposal of soil material dredged from the stream must comply with the requirements of the State's solid waste management rules; (9) Test pit logs and test results from a minimum of 2 test pits dug in the footprint of the dam and results of tests done under the direction of a professional engineer on the dam fill material; and (10) A copy of the property deed, lease, purchase and sale agreement or other legal document establishing that the applicant has title or right to or interest in the property proposed for pond development. All design materials used to show that the dam design meets the standards of the general permit must be signed and stamped by a professional engineer. [PL 2011, c. 538, §11 (AMD).] B. Following construction and prior to operation of the irrigation pond, the permittee must submit an inspection report by a professional engineer stating that the professional engineer inspected the dam and that it was constructed in conformance with the standards established in subsection 3 . The report must specifically include evidence that the proper number of compaction tests were done and proper compaction specifications have been achieved. The inspection report must include a copy of the job diary and information on when inspections were done and what was inspected. [PL 1995, c. 659, §1 (NEW).] [PL 2011, c. 538, §11 (AMD).]

5. Review period. Work may not commence until 30 days after the department has accepted an application for processing. This period may be extended pursuant to section 344‑B with the consent of the applicant. [PL 1999, c. 243, §16 (AMD).]

6. Notification. The department shall notify the applicant in writing within 30 days of acceptance for processing if the department determines that the requirements of this section have not been met. This notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this section within the specified time period, a general permit is deemed to have been granted. [PL 1995, c. 659, §1 (NEW).]

7. Fees. The department shall assess a fee for review of an application filed pursuant to this section. The fee must be equivalent to the amount assessed for activities requiring an individual permit for stream alterations. [PL 1995, c. 659, §1 (NEW).]

8. Violation. A violation occurs when an activity takes place that is not in compliance with the provisions of this section or the plans submitted with the application. Any deviation from the approved plans must receive prior department approval. [PL 1995, c. 659, §1 (NEW).]
38 M.R.S. § 1293 — ME Code / Title 38 / Chapter 12-B / Section 1293
38 §1293. Certification, licensing and accreditation requirements
Status: in_force

1. Certification and licensing. The board shall adopt and amend rules necessary to govern the licensing of business or public entities, including, but not limited to, lead abatement contractors and in-house lead abatement units, the accreditation of lead training providers and the certification of lead abatement professionals. [PL 1997, c. 375, §14 (NEW).]

2. Approval of training courses. The board shall adopt and amend rules establishing criteria and procedures for the approval of training courses and examinations that ensure the qualifications of applicants for certification as required in this chapter. These rules are routine, technical rules in accordance with Title 5, chapter 375, subchapter II‑A . To ensure a smooth transition period before the adoption of accreditation rules in conformance with the requirements of this chapter, the commissioner shall provide for interim accreditation of training providers by establishing procedures in accordance with 40 Code of Federal Regulations, Part 745, Subpart L, Section 745.228. To qualify for approval, a training course must contain a combination of class instruction, practical application and public health procedures of a length and content that ensure adequate training for the level and type of responsibility for each named certification category. Courses certified under this section must be conducted by instructors whose training and experience are determined by the commissioner to be appropriate for the subject matter being taught and the level of certification category for which the course is designed. Courses must be designed and conducted under the guidance of a training manager. [PL 1997, c. 375, §14 (NEW).]

3. Renewal. A license or certificate issued under this chapter expires one year after the date of issue. A licensee or certificate holder may apply to the commissioner for the renewal of a license or certificate. A renewal may not be granted if the application is received more than 2 years following expiration of the previously issued license or certificate. To qualify for renewal of a license or certificate, the applicant must submit: A. The appropriate fees as prescribed by rule pursuant to section 1295 ; [PL 1997, c. 375, §14 (NEW).] B. Evidence of completion of any continuing education or training that may be required by rules adopted by the board; and [PL 1997, c. 375, §14 (NEW).] C. A signed statement disclosing any violations of lead 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 must be stated. The disclosure must include evidence that all penalties and fees assessed to the applicant are paid in full. [PL 1997, c. 375, §14 (NEW).] [PL 1997, c. 375, §14 (NEW).]
38 M.R.S. § 96 — ME Code / Title 38 / Chapter 1 / Section 96
38 §96. Lawful compensation
Status: in_force

No pilot shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law. [PL 1969, c. 410, §1 (NEW).]
38 M.R.S. § 1103 — ME Code / Title 38 / Chapter 11 / Section 1103
38 §1103. Transfer of property and assets
Status: in_force

When the territory of a municipality falls within a sanitary district which has been issued its certificate of organization and has assumed the management and control of the operation of the sewage facilities within its territorial limits, the trustees of said sanitary district shall determine what sewer property or properties including treatment plants owned by any municipality within said sanitary district shall be necessary to carry on the functions of the sanitary district and shall request in writing that the municipal officers of any municipality within said sanitary district convey the title to such sewer property to such sanitary district and said municipal officers shall make such conveyance without payment of consideration. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 2173 — ME Code / Title 38 / Chapter 24 / Section 2173
38 §2173. Municipal jurisdiction over regional association disposal facilities
Status: in_force

A municipality may adopt a local ordinance authorizing the municipal officers to issue a local permit containing the same findings, conclusions and conditions contained in the license issued by the department for a solid waste disposal facility located within the municipality's jurisdiction. The municipal officers may also attach to the permit additional conditions for the operation of the solid waste disposal facility on any issues not specifically addressed in any condition of the department's license. These conditions may not unreasonably restrict the operation of the facility and must be attached to the local permit by the municipal officers within 90 days of issuance of the department's license or within 30 days of a final decision by the department to relicense the facility. [PL 1993, c. 310, Pt. B, §7 (AMD).]

An enforcement action brought by the municipality to enforce local permit conditions does not preclude the State from bringing an action to enforce the conditions of any license issued by the State or any other provision of law. In addition, the State has a right to intervene in any enforcement action brought by a municipality under this section. A municipality that has adopted local permit conditions described in this section shall employ an inspector certified under section 2174 to enforce permit conditions. [PL 2011, c. 655, Pt. GG, §54 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1693-A — ME Code / Title 38 / Chapter 16-D / Section 1693-A
38 §1693-A. Identification of chemicals of high concern
Status: in_force

1. List. By July 1, 2012, the department shall publish a list of no more than 70 chemicals of high concern. The Department of Health and Human Services, Maine Center for Disease Control and Prevention, in consultation with the department, shall develop the list. To be listed as a chemical of high concern, a chemical must be on the list of chemicals of concern pursuant to section 1693 and meet the eligibility criteria of subsection 2 . [PL 2011, c. 319, §4 (NEW).]

2. Criteria. A chemical of concern on the list of chemicals of concern pursuant to section 1693 may be included in the list published pursuant to subsection 1 if the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, determines that there is strong credible scientific evidence that the chemical is a reproductive or developmental toxicant, endocrine disruptor or human carcinogen, and there is strong credible scientific evidence that the chemical meets one or more of the following criteria: A. The chemical has been found through biomonitoring studies to be present in human blood, human breast milk, human urine or other bodily tissues or fluids; [PL 2011, c. 319, §4 (NEW).] B. The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or [PL 2011, c. 319, §4 (NEW).] C. The chemical has been added to or is present in a consumer product used or present in the home. [PL 2011, c. 319, §4 (NEW).] [PL 2011, c. 319, §4 (NEW).]

3. Updates. The commissioner shall review the list published pursuant to subsection 1 at least every 3 years. The commissioner shall remove any chemical from the list of chemicals of high concern that has been designated as a priority chemical pursuant to section 1694 or that no longer meets any of the criteria of subsection 2 . The commissioner may identify additional chemicals of high concern according to the criteria and requirements of this section. The list of chemicals of high concern may not consist of more than 70 or fewer than 10 chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of the criteria under subsection 2. [PL 2011, c. 319, §4 (NEW).]

4. Rules. The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 319, §4 (NEW).]
38 M.R.S. § 584-C — ME Code / Title 38 / Chapter 4 / Section 584-C
38 §584-C. Establishment of ambient increments -- Class II regions
Status: in_force

In addition to the ambient air quality standards set forth in section 584‑A , any Class II region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter, sulfur dioxide 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, §3 (AMD).]

1. PM10. In regards to PM10: A. An increase in the annual arithmetic mean at any location not to exceed 17 micrograms per cubic meter; and [PL 1995, c. 493, §13 (AMD).] B. An increase in concentration for any 24-hour period at any location not to exceed 30 micrograms per cubic meter; [PL 1995, c. 493, §13 (AMD).] [PL 1995, c. 493, §13 (AMD).]

2. Sulfur dioxide. In regards to sulfur dioxide: A. An increase in the annual arithmetic mean at any location not to exceed 20 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 91 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 512 micrograms per cubic meter; and [RR 1993, c. 1, §128 (COR).] [RR 1993, c. 1, §128 (COR).]

3. Nitrogen oxides. In regards to nitrogen oxides: A. An increase in the annual arithmetic mean at any location not to exceed 25.0 micrograms per cubic meter to be expressed as nitrogen dioxide. [PL 1989, c. 860, §4 (NEW).] [PL 1989, c. 860, §4 (NEW).]
38 M.R.S. § 347-C — ME Code / Title 38 / Chapter 2 / Section 347-C
38 §347-C. Right of inspection and entry
Status: in_force

Employees and agents of the department may: [PL 2017, c. 137, Pt. A, §5 (NEW).]

1. Property. Enter any property at reasonable hours in order to inspect the property to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the commissioner or of the board; and [PL 2017, c. 137, Pt. A, §5 (NEW).]

2. Buildings. Enter any building with the consent of the property owner, occupant or agent, or pursuant to an administrative search warrant, in order to inspect the property or structure, including the premises of an industrial user of a publicly owned treatment works, and to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the commissioner or of the board. [PL 2017, c. 137, Pt. A, §5 (NEW).]
38 M.R.S. § 470-H — ME Code / Title 38 / Chapter 3 / Section 470-H
38 §470-H. In-stream flow and water level requirements; rules
Status: reserved

The board shall adopt rules that establish water use requirements for maintaining in-stream flows and lake or pond water levels that are protective of aquatic life and other uses and that establish criteria for designating watersheds most at risk from cumulative water use. Requirements adopted under this section must be based on the natural variation of flows and water levels, allowing variances if use will still be protective of water quality within that classification. The board shall incorporate into the rules a mechanism to reconcile, to the extent feasible, the objective of protecting aquatic life and other uses as provided for in this section and the objective of allowing community water systems to use their existing water supplies to provide water service. Before the department issues a community water system withdrawal certificate, the certificate must be reviewed and approved by the drinking water program of the Department of Health and Human Services, with technical assistance from the Public Advocate on economic issues, to ensure that conditions contained in the certificate are economically affordable and technically feasible and will not jeopardize the safety, dependability or financial viability of the community water system. Except as necessary to meet the requirements in this section and rules adopted pursuant to this section, a community water system does not forfeit the rights, powers or responsibilities related to water use that are contained in its legislative charter or similar authority. Rules adopted under this section are state water use rules in accordance with the authority reserved to states under the federal Clean Water Act. A water user that fails to comply with the requirements of the rules adopted under this section is subject to penalties pursuant to section 349 . For purposes of this section, "community water system" has the same meaning as in Title 22, section 2660‑B, subsection 2 . Rules adopted under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 235, §1 (AMD).]
38 M.R.S. § 904 — ME Code / Title 38 / Chapter 5 / Section 904
38 §904. Notice of failure to locate new owner
Status: in_force

If a new owner has not been located through the process set forth in sections 902 and 903 , the department shall provide notice that a new owner for the dam has not been located and that the department intends to issue an order requiring the dam owner to release water from the dam in accordance with section 905 . Notice must be sent by certified mail to each municipality in which the dam and impoundment are located, to county commissioners when the dam and impoundment are located in unorganized territory and to tribal governments when the dam and impoundment are located on tribal territory. The department shall also publish notice of its intent to issue the order at least once in a newspaper circulated in the area in which the dam and impoundment are located. [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 2218 — ME Code / Title 38 / Chapter 24 / Section 2218
38 §2218. Tax exemption
Status: in_force

Revenue obligation securities issued under this article shall constitute a proper public purpose and the securities, their transfer and the income from them, including any profits made on their sale, shall at all times be exempt from taxation within the State, whether or not those securities, their transfer or the income from them, including any profits on their sale, are subject to taxation under the United States Internal Revenue Code. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 1037 — ME Code / Title 38 / Chapter 10 / Section 1037
38 §1037. Coordination with municipal planning; applicable to all sewer districts
Status: in_force

The following provisions facilitate coordination of municipal planning and sewer extension planning. [PL 2013, c. 555, §6 (NEW).]

1. Growth management. The trustees of a sewer district shall cooperate with municipal officials in the development of municipal growth management and other land use plans and ordinances. [PL 2013, c. 555, §6 (NEW).]

2. Development that affects the district. Municipal officers shall cooperate with the trustees of a sewer district during the consideration of development applications that may affect the operations of the sewer district. [PL 2013, c. 555, §6 (NEW).]

This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 9 and specifically provides that this section or former section 1252, subsection 9 does not apply. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1306 — ME Code / Title 38 / Chapter 13 / Section 1306
38 §1306. Prohibition
Status: in_force

1. General prohibition. It is unlawful for any person to establish, construct, alter or operate any waste facility without a permit issued by the department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §232 (AMD).]

2. On-site disposal of domestic septage; penalty. [PL 2021, c. 641, §4 (RP).]

3. Discharge of hazardous waste. The discharge of hazardous waste into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air, is prohibited unless licensed or authorized under state or federal law. [PL 1985, c. 481, Pt. A, §98 (NEW).]

4. Cathode ray tube disposal. Beginning 9 months after the department adopts rules pursuant to section 1610, subsection 5, paragraph D , subparagraph (1), a person may not dispose of a cathode ray tube in a solid waste disposal facility. This subsection may not be construed to affect existing laws, rules or regulations governing disposal of cathode ray tubes in effect prior to the adoption of rules pursuant to section 1610, subsection 5, paragraph D , subparagraph (1). [PL 2005, c. 330, §28 (AMD).]

5. Control of fluids from motor vehicles at junkyards, automobile graveyards and automobile recycling businesses. Fluids must be controlled in accordance with the following. A. All fluids, including but not limited to engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel, oil and refrigerant, batteries and mercury switches must be properly handled by junkyards, automobile graveyards and automobile recycling businesses in such a manner that they do not leak, flow or discharge into or onto the ground, into a body of water or into the air. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).] B. All fluids, refrigerant, batteries and mercury switches must be removed from motor vehicles that lack engines or other parts that render the vehicles incapable of being driven under their own motor power or that are otherwise incapable of being driven under their own motor power, appliances and other items within 180 days of acquisition by a junkyard, automobile graveyard or automobile recycling business. Motor vehicles, appliances and other items acquired by and on the premises of a junkyard, automobile graveyard or automobile recycling business prior to October 1, 2005 must have all fluids, refrigerant, batteries and mercury switches removed by January 1, 2007. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).] C. A person may not crush, shred or otherwise process, or cause to be crushed, shredded or otherwise processed, motor vehicles, appliances or other items before removal of all fluids, refrigerant, batteries and mercury switches. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable. [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).] [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]

6. Construction and demolition debris. The substitution of wood from construction and demolition debris for conventional fuels used in a boiler may not exceed 50% of total fuel by weight combusted on an average annual basis. [PL 2005, c. 617, §1 (NEW).]

7. Prohibitions on land application of sludge and sale and distribution of compost and other agricultural products and materials containing sludge and septage. This subsection governs the land application of sludge and the sale and distribution of compost and other agricultural products and materials containing sludge and septage. A. Notwithstanding any provision of law to the contrary, except as provided in paragraph B , a person may not: (1) Apply to or spread on any land in the State: (a) Sludge generated from a municipal, commercial or industrial wastewater treatment plant; (b) Compost material that included in its production sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or (c) Any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or (2) Sell or distribute in the State: (a) Compost material that included in its production sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage; or (b) Any other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge generated from a municipal, commercial or industrial wastewater treatment plant or septage. [PL 2021, c. 641, §5 (NEW).] B. The prohibitions in paragraph A do not apply to: (1) The disposal or placement at a solid waste landfill of any of the materials that are prohibited from application, spreading, sale or distribution by this subsection; (2) The land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing residuals generated as a result of the processing or cultivation of food, food waste, crops or vegetative material, the brewing of malt liquor, the fermenting of wine or hard cider or the distilling of spirits, including, but not limited to, blueberries, apples, grapes, potatoes, seaweed, fish and seafood and spent grain or malt, provided that such residuals are not mixed with sludge from a municipal, commercial or industrial wastewater treatment plant, septage, sewage or sanitary wastewater prior to or during land application or the production of the compost material or other agricultural product or material; or (3) The land application of or the sale or distribution of compost material or other agricultural product or material derived from or containing sludge resulting from the production of precipitated calcium carbonate. [PL 2021, c. 641, §5 (NEW).] [PL 2021, c. 641, §5 (NEW).]
38 M.R.S. § 1036 — ME Code / Title 38 / Chapter 10 / Section 1036
38 §1036. Trustees
Status: in_force

All of the affairs of a standard district must be managed by a board of trustees whose members must be residents of the standard district. The number of trustees must be specified in the standard district's charter and may not be less than 3. After selection of the first board, each trustee is nominated and elected or appointed as provided in the charter creating the standard district and in accordance with subsection 1 or 2 , as applicable. If the charter does not indicate whether trustees are appointed or elected, after the selection of the first board the trustees must be elected in accordance with subsection 1 . [PL 2013, c. 555, §6 (NEW).]

1. Nominations and elections; vacancies. Nominations and elections of trustees must be conducted in accordance with the laws relating to municipal elections in Title 30‑A, chapter 121 , and all elections must be conducted by secret ballot in accordance with Title 30‑A, section 2528 . When the term of office of a trustee expires, the trustee's successor is elected at large by a plurality vote of the voters of the standard district. For the purpose of election, a special election must be called and held on the date established by the trustees. The election must be called by the trustees of the standard district in the same manner as town meetings are called and, for this purpose, the trustees are vested with the powers of municipal officers. A vacancy is filled in the same manner for the unexpired term by a special election called by the trustees of the standard district. The trustees shall acquire a complete list of all the registered voters residing in the standard district. The trustees may acquire this list or portions of the list from the registrar of any town within the standard district. The town may charge a fee for providing the list. The list acquired by the trustees governs the eligibility of a voter. Voters who reside outside the territorial limits of the standard district, as defined in its charter, are not eligible voters. All warrants issued for elections by the trustees must show that only the voters residing within the territorial limits of the standard district are entitled to vote. [PL 2013, c. 555, §6 (NEW).]

2. Appointments. If the charter creating a standard district specifies that the trustees are appointed, the appointments must be made as provided in the charter. [PL 2013, c. 555, §6 (NEW).]

3. Eligibility requirements. When a trustee ceases to be a resident of a standard district, the trustee shall vacate the office of trustee and the vacancy is filled as provided in subsections 1 or 2 , as applicable. All trustees are eligible for reelection or reappointment, but a person who is a municipal officer, as defined in Title 30‑A, section 2001, subsection 10 , of any town located, in whole or in part, within the standard district is not eligible for appointment, nomination or election as a trustee of that standard district. [PL 2013, c. 555, §6 (NEW).]

4. First board. The first board is appointed or elected as provided in the charter creating the standard district. At the first meeting, the initial trustees shall determine by agreement or, failing to agree, shall determine by lot the term of office of each trustee. The terms of the trustees must be determined in accordance with the following table. Total number of trustees 1 year 2 years 3 years 3 1 1 1 4 1 1 2 5 1 2 2 6 2 2 2 7 2 2 3 8 2 3 3 9 3 3 3 10 3 3 4 11 3 4 4 12 4 4 4 13 4 4 5 14 4 5 5 15 5 5 5 The trustees shall enter on their records the determination made. Vacancies are filled pursuant to subsection 1 or 2 , as applicable. At the first meeting, the trustees shall organize by electing from among their members a chair and a clerk, by adopting a corporate seal and by electing a treasurer who may or may not be a trustee. [PL 2013, c. 555, §6 (NEW).]

5. Organization; conduct of business. Within one week after each annual appointment or election, the trustees of a standard district shall meet for the purpose of electing a chair, treasurer and clerk in accordance with subsection 4 to serve for the ensuing year and until their successors are elected or appointed and qualified. The trustees, from time to time, may choose and employ and fix the compensation of any other necessary officers and agents, who serve at the pleasure of the trustees. The treasurer shall furnish bond in the sum and with sureties approved by the trustees. The standard district shall pay the cost of the bond. The trustees may adopt and establish bylaws consistent with the laws of this State and necessary for the convenience and the proper management of the affairs of the standard district and perform other acts within the powers delegated by law to the trustees. The trustees must be sworn to the faithful performances of their duties including the duties of a member who serves as clerk or clerk pro tem. The trustees shall publish an annual report that includes a report of the treasurer. Business of the standard district must be conducted in accordance with the applicable provisions of the Freedom of Access Act. [PL 2013, c. 555, §6 (NEW).]

6. Decisions of the board. All decisions of the board of trustees must be made by a majority of those present and voting, except that a vote to approve the issuing of any bond, note or other evidence of indebtedness payable within a period of more than 12 months after the date of issuance must be approved by a majority of the entire board. A quorum of the board of trustees consists of the total number of authorized trustees divided by 2 and, if necessary to obtain a whole number, the resulting number rounded up to the next whole number. Trustees are subject to the conflict of interest provisions of Title 30‑A, section 2605 . [PL 2013, c. 555, §6 (NEW).]

7. Trustees compensation; applicable to all sewer districts. The trustees of a sewer district receive compensation as recommended by the trustees and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the sewer district, including compensation for any duties they perform as officers as well as for their duties as trustees. Certification of the vote must be recorded with the Secretary of State and recorded in the bylaws. Compensation for duties as trustees must be based on an amount specified in the bylaws for each meeting actually attended plus reimbursement for travel and expenses, with the total not to exceed a specific amount as specified in the bylaws. Compensation schedules in effect on January 1, 2013 continue in effect until changed. This subsection is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this subsection is void, unless the sewer district's charter expressly references this subsection or former section 1252, subsection 5 and specifically provides that this subsection or former section 1252, subsection 5 does not apply. [PL 2013, c. 555, §6 (NEW).]

8. Trustees retirement; applicable to all sewer districts. A person who has not been a trustee of a sewer district prior to January 1, 1987, or who is not a full-time employee, is not eligible to become a member of the Maine Public Employees Retirement System as a result of the person's selection as a trustee. This subsection is deemed to be incorporated into the private and special laws governing sewer districts, and any part of a sewer district charter not in conformity with this subsection is void, unless the sewer district's charter expressly references this subsection or former section 1252, subsection 6 and specifically provides that this subsection or former section 1252, subsection 6 does not apply. [RR 2013, c. 2, §50 (COR).]

9. Expenses. The trustees of a standard district may obtain an office and incur necessary expenses. [PL 2013, c. 555, §6 (NEW).]

10. Recall. A trustee may be recalled under the following provisions. A. The eligible voters of a standard district may petition for the recall of any trustee after the first year of the term for which the trustee is elected by filing a petition with the municipal clerk, or the county commissioners in the case of unorganized territory, demanding the recall of the trustee. A trustee may be subject to recall for misfeasance, malfeasance or nonfeasance in office. The petition must be signed by eligible voters of that portion of the standard district that that trustee represents equal to at least 25% of the vote cast for the office of Governor at the last gubernatorial election within that portion of the standard district. The recall petition must state the reason for which removal is sought. [PL 2013, c. 555, §6 (NEW).] B. Within 3 days after the petition is offered for filing, the official with whom the petition is left shall determine by careful examination whether the petition is sufficient and so state in a certificate attached to the petition. If the petition is found to be insufficient, the certificate must state the particulars creating the insufficiency. The petition may be amended to correct any insufficiency within 5 days following the affixing of the original certificate. Within 2 days after the offering of the amended petition for filing, the petition must again be carefully examined to determine sufficiency and a certificate stating the findings must be attached. Immediately upon finding an original or amended petition sufficient, the official shall file the petition and call a special election to be held not less than 40 days nor more than 45 days from the filing date. The official shall notify the trustee against whom the recall petition is filed of the special election. [PL 2013, c. 555, §6 (NEW).] C. The trustee against whom the recall petition is filed must be a candidate at the special election without nomination, unless the trustee resigns within 10 days after the original filing of the petition. There may not be a primary. Candidates for the office may be nominated under the usual procedure of nomination for a primary election by filing nomination papers, not later than 5 p.m., 4 weeks preceding the election and have their names placed on the ballot at the special election. [PL 2013, c. 555, §6 (NEW).] D. The trustee against whom a recall petition has been filed shall continue to perform the duties of the trustee's office until the result of the special election is officially declared. The person receiving the highest number of votes at the special election is declared elected for the remainder of the term. If the incumbent receives the highest number of votes, the incumbent continues in office. If another receives the highest number of votes, that person succeeds the incumbent, if that person qualifies, within 10 days after receiving notification. [PL 2013, c. 555, §6 (NEW).] E. After one recall petition and special election, no further recall petition may be filed against the same trustee during the term for which the trustee was elected. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 3002 — ME Code / Title 38 / Chapter 31 / Section 3002
38 §3002. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 370, §1 (NEW).]

1. Activity and use limitations. "Activity and use limitations" means restrictions or obligations created under this chapter with respect to real property. [PL 2005, c. 370, §1 (NEW).]

2. Agency. "Agency" means the department or any legal successor or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created. [PL 2005, c. 370, §1 (NEW).]

3. Common interest community. "Common interest community" means a condominium, cooperative or other real property with respect to which a person, by virtue of the person's ownership of a parcel of real property, is obligated to pay property taxes or insurance premiums or for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community. [PL 2005, c. 370, §1 (NEW).]

4. Environmental covenant; covenant. "Environmental covenant" or "covenant" means a servitude arising under an environmental response project and documented in a recordable instrument that imposes activity and use limitations. "Environmental covenant" does not include a municipal ordinance, a voluntary or other remedial action plan or a condition added thereto or an administrative or judicial order, whether unilateral or by consent, that may impose activity or use limitations. [PL 2005, c. 370, §1 (NEW).]

5. Environmental response project. "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted: A. Under a federal or state program governing environmental remediation of real property, including, but not limited to, remediation under the laws governing uncontrolled hazardous substance sites, pursuant to chapter 13‑B , or the voluntary response action program under Title 38, section 343‑E ; or [PL 2005, c. 370, §1 (NEW).] B. Incident to closure of a solid, special or hazardous waste management unit if the closure is conducted with approval of the department under the laws governing hazardous waste, septage and solid waste management, pursuant to chapter 13 . [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

6. Holder. "Holder" means the grantee of an environmental covenant as specified in section 3003, subsection 1 . [PL 2005, c. 370, §1 (NEW).]

7. Person. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. [PL 2005, c. 370, §1 (NEW).]

8. Record. "Record," the noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 2005, c. 370, §1 (NEW).]

9. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 349 — ME Code / Title 38 / Chapter 2 / Section 349
38 §349. Penalties
Status: in_force

1. Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2264‑A , commits a Class E crime. Notwithstanding Title 17‑A, section 1704, subsection 5 and section 1705, subsection 5 , the fine for a violation of this subsection may not be less than $2,500 and not more than $25,000 for each day of the violation, except that the minimum amount for knowing violations is $5,000 for each day of violation. This subsection does not apply to actions subject to the criminal penalties set forth in section 1319‑T . [PL 2019, c. 113, Pt. C, §115 (AMD).]

2. Civil penalties. Except as otherwise specifically provided, a person who violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2264‑A , is subject to a civil penalty, payable to the State, of not less than $100 and not more than $10,000 for each day of that violation or, if the violation relates to hazardous waste, of not more than $25,000 for each day of the violation. This penalty is recoverable in a civil action. [RR 2009, c. 2, §116 (COR).]

2-A. Supplemental environmental projects. In settling a civil enforcement action for any violation of any of the provisions of the laws administered by the department, including, without limitation, a violation of the terms or conditions of any order, rule, license, permit, approval or decision of the board or commissioner, the parties may agree to a supplemental environmental project that mitigates up to 100% of the assessed penalty. "Supplemental environmental project" means an environmentally beneficial project primarily benefiting public health or the environment that a violator is not otherwise required or likely to perform. A. An eligible supplemental environmental project is limited to the following categories: (1) Pollution prevention projects that eliminate all or a significant portion of pollutants at the point of generation; (2) Pollution reduction projects that significantly decrease the release of pollutants into a waste stream at the point of discharge to a point significantly beyond levels required for compliance; (3) Environmental enhancement projects in the same ecosystem or geographic area of the violation that significantly improve an area beyond what is required to remediate any damage caused by the violation that is the subject of the enforcement action; (4) Environmental awareness projects substantially related to the violation that provide training, publications or technical support to members of the public regulated by the department; (5) Scientific research and data collection projects that advance the scientific basis on which regulatory decisions are made; (6) Emergency planning and preparedness projects that assist state or local emergency response and planning entities in preparing or responding to emergencies; and (7) Public health projects that provide a direct and measurable benefit to public health. [PL 1997, c. 570, §1 (NEW).] B. Supplemental environmental projects may not be used for the following situations: (2) When a project is required by law; (3) If the violator had previously planned and budgeted for the project; (4) To offset any calculable economic benefit of noncompliance; (5) If the violation is the result of reckless or intentional conduct; or (6) If the project primarily benefits the violator. Any settlement that includes a supplemental environmental project must provide that expenditures are not tax deductible and are ineligible for certification as tax exempt pollution control facilities pursuant to Title 36, chapters 105 and 211 . [PL 2017, c. 376, §1 (AMD).] [PL 2017, c. 376, §1 (AMD).]

3. Falsification and tampering. A person may not knowingly: A. Make a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained by any law administered by the department or by any order, rule, license, permit, approval or decision of the board or commissioner; [PL 2003, c. 452, Pt. W, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Tamper with or render inaccurate a monitoring device or method required by any law or by any order, rule, license, permit, approval or decision of the board or commissioner; or [PL 2003, c. 452, Pt. W, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Fail to comply with an information submittal required by the commissioner pursuant to section 568, subsection 3 or section 1364, subsection 3 . [PL 2003, c. 452, Pt. W, §4 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] A person who violates this subsection commits a Class E crime. Notwithstanding Title 17‑A, section 1704, subsection 5 , a fine for a violation of this subsection may not be more than $10,000. [PL 2019, c. 113, Pt. C, §116 (AMD).]

4. Violations. [PL 1987, c. 402, Pt. A, §195 (RP).]

5. Considerations. In setting a penalty, the court shall consider, but shall not be limited to, the following: A. Prior violations by the same party; [PL 1983, c. 796, §19 (NEW).] B. The degree of environmental damage that cannot be abated or corrected; [PL 1983, c. 796, §19 (NEW).] C. The extent to which the violation continued following an order of the commissioner or board to correct it; and [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §8 (AMD).] D. The importance of setting a civil penalty substantial enough to deter others from similar violations. [PL 1983, c. 796, §19 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §8 (AMD).]

6. Maximum penalties. The maximum civil penalty may exceed $10,000 for each day of that violation, but may not exceed $25,000 for each day of the violation, when it can be shown that there has been a previous violation of the same law by the same party within the 5 preceding years, and the maximum criminal penalty may exceed $25,000 for each day of violation, but may not exceed twice the amounts in subsection 1 , when it can be shown that there has been a previous violation of the same law by the same party. [PL 1997, c. 794, Pt. A, §8 (AMD).]

7. Notification. The commissioner shall notify all newspapers of general circulation in the State of all administrative consent agreements, court-ordered consent decrees and adjudicated violations involving laws administered by the department. [PL 1989, c. 110 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §9 (AMD).]

8. Economic benefit. If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2 , the maximum civil penalties may be increased for each day of the violation. The maximum civil penalty may not exceed an amount equal to twice the economic benefit resulting from the violation. The court shall consider as economic benefit, without limitation, the costs avoided or enhanced value accrued at the time of the violation by the violator not complying with the applicable legal requirements. [PL 1989, c. 282, §5 (NEW).]

9. Unavoidable malfunctions. The following considerations apply to violations resulting from unavoidable malfunctions. A. The commissioner may exempt from civil penalty an air emission in excess of license limitations if the emission occurs during start-up or shutdown or results exclusively from an unavoidable malfunction entirely beyond the control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption under this subsection. In the event of an unavoidable malfunction, the licensee must notify the commissioner in writing within 48 hours and submit a written report, together with any exemption requests, to the department on a quarterly basis. [PL 2003, c. 245, §6 (AMD).] B. An affirmative defense is established for a wastewater discharge in excess of license limitations if the discharge results exclusively from unintentional and temporary noncompliance with technology-based limitations because of factors entirely beyond the reasonable control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any discharge and takes corrective action as soon as possible. There is not an affirmative defense if the malfunction is caused, entirely or in part, by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation. The burden of proof is on the licensee seeking the affirmative defense under this subsection. In the event of an unavoidable malfunction, the licensee must notify the commissioner orally within 24 hours, and in writing within 5 days. [PL 2003, c. 245, §6 (AMD).] [PL 2003, c. 245, §6 (AMD).]
38 M.R.S. § 707 — ME Code / Title 38 / Chapter 5 / Section 707
38 §707. Payment in gross; bar
Status: in_force

If the damages in gross are paid within the time fixed, the judgment is a bar to any further complaint so long as the dam and flashboards remain at the same height, but if thereafter either is raised, a new complaint may be made by the owner of the lands flowed for any additional damages caused thereby, and the proceedings in said new complaint shall be as hereinbefore prescribed.
38 M.R.S. § 1613 — ME Code / Title 38 / Chapter 16 / Section 1613
38 §1613. Hydrofluorocarbon use restrictions (REALLOCATED FROM TITLE 38, SECTION 1612)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1612)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Aerosol propellant" means a liquefied or compressed gas, including, but not limited to, a cosolvent that is used in whole or in part to expel a liquid or other material from a self-pressurized container containing that liquid or other material or from a separate container. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] B. "Air conditioning equipment" means chillers used exclusively for the comfort cooling of occupied spaces. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] C. "Built-in household refrigerator or freezer" means a refrigerator, refrigerator-freezer or freezer designed for residential use that: (1) Has 7.75 cubic feet, or 220 liters, or greater total refrigerated volume and 24 inches or less depth not including doors, handles and custom front panels; (2) Has sides that are not finished and are not designed to be visible after installation; (3) Is designed, intended and marketed exclusively to be installed completely encased by cabinetry or panels that are attached during installation and securely fastened to adjacent cabinetry, walls or flooring; and (4) Is equipped with an integral factory-finished face or that accepts a custom front panel. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] D. "Capital cost" means an expense incurred in the production of goods or in the rendering of services, including, but not limited to, the cost of engineering; the cost of the purchase and installation of components or systems and instrumentation; and contractor and construction fees. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] E. "Centrifugal chiller" means air conditioning equipment that uses a centrifugal compressor in a vapor-compression refrigeration cycle and is designed for comfort cooling. "Centrifugal chiller" does not include air conditioning equipment used for industrial process cooling and refrigeration. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] F. "Cold storage warehouse" means a cooled facility designed to store meat, produce, dairy products and other products prior to the delivery of those products to other locations for sale to the ultimate consumer. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] G. "Compact household refrigerator or freezer" means a refrigerator, refrigerator-freezer or freezer designed for residential use that has a total refrigerated volume of less than 7.75 cubic feet or 220 liters. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] H. "Component" means a part of a refrigeration system, including, but not limited to, a condensing unit, compressor, condenser, evaporator or receiver and all of the refrigeration system's connections and subassemblies without which the refrigeration system would not properly function or would be subject to failure. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] I. "End use" means a process or class of specific applications within an industry sector. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] J. "Flexible polyurethane" means a nonrigid synthetic foam containing polymers of urethane radicals, including, but not limited to, foam used in furniture, bedding, chair cushions and shoe soles. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] K. "Foam" means a product with a cellular structure, or a substance used to produce a product with a cellular structure formed via a foaming process, including materials that undergo hardening via chemical reaction or phase transition. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] L. "Heat pump" means a device designed for the comfort heating or cooling of residential or commercial spaces, whether air sourced, water sourced or ground sourced, including, but not limited to, a mini-split heat pump. “Heat pump” does not include air conditioning equipment. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] M. "Household refrigerator or freezer" means a refrigerator, refrigerator-freezer, freezer or miscellaneous residential refrigeration appliance that is designed for residential use. "Household refrigerator or freezer" does not include a compact household refrigerator or freezer or a built-in household refrigerator or freezer. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] N. "Integral skin polyurethane" means a self-skinning polyurethane foam, including, but not limited to, foam used in automobile steering wheels and dashboards. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] O. "Light duty vehicle" has the same meaning as "car" or "light duty truck" as defined in Title 5, section 1812‑E . [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] P. "Metered dose inhaler" means a device that delivers a measured amount of medication as a mist that an individual can inhale and that consists of a pressurized canister of medication in a case with a mouthpiece. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] Q. "Miscellaneous residential refrigeration appliance" means a residential refrigeration appliance that is smaller than a refrigerator, refrigerator-freezer or freezer and that is designed for residential use, including, but not limited to, a cooler, a cooler compartment and a combination cooler-refrigeration or cooler-freezer product. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] R. "New" means, with regard to a product or equipment: (1) A product or equipment that is manufactured after the date of an applicable prohibition under subsection 2 ; or (2) Equipment that is substantially expanded or modified after the date of an applicable prohibition under subsection 2 such that the capital cost of the expansion or modification exceeds 50% of the cost of replacing the entire system of which that equipment is a part. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] S. "Phenolic insulation board" means phenolic insulation, including, but not limited to, insulation used for roofing and walls. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] T. "Phenolic insulation bunstock" means phenolic insulation that is a large solid box-like structure that can be cut into specific custom lengths and shapes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] U. "Polyolefin" means foam sheets and tubes made of polyolefin. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] V. "Polystyrene extruded boardstock and billet" means a foam formed from styrene polymers that is produced on extruding machines in the form of continuous foam slabs that can be cut and shaped into panels to be used for insulation of roofing, walls, flooring and pipes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] W. "Polystyrene extruded sheet" means polystyrene foam including foam used for packaging and buoyancy or flotation, including, but not limited to, foam made into food-service items, such as hinged polystyrene containers, food trays, plates, bowls and retail egg containers. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] X. "Positive displacement chiller" means a vapor compression cycle chiller that uses a positive displacement compressor and is typically used for commercial comfort air conditioning. "Positive displacement chiller" does not include a chiller used for industrial process cooling and refrigeration. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] Y. "Refrigerant gas" or "refrigerant" means a substance, including blends and mixtures of substances, that is used for heat transfer purposes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] Z. "Refrigerated food processing and dispensing equipment" means retail food refrigeration equipment that is designed to process and dispense food and beverages that are intended for immediate or near-immediate consumption, including, but not limited to, chilled and frozen beverages, ice cream and whipped cream. "Refrigerated food processing and dispensing equipment" does not include water coolers or units designed to exclusively cool and dispense water. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] AA. "Refrigeration equipment" means a stationary device that is designed to contain and use refrigerant gas to establish or maintain colder than ambient temperatures in a confined space, including, but not limited to, retail food refrigeration equipment, a household refrigerator or freezer and a cold storage warehouse. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] BB. "Remote condensing unit" means retail food refrigeration equipment that has a central condensing portion and may consist of one or more compressors, condensers or receivers assembled into a single unit, which may be located outside a retail sales area, including, but not limited to, such units that are commonly installed in convenience stores, specialty shops such as bakeries or butcher shops, supermarkets, restaurants and other locations where food is stored, served or sold. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] CC. "Residential use" means use by an individual of a substance, or a product containing a substance, in or around a permanent or temporary household, during recreation or for any personal use or enjoyment. "Residential use" does not include use within a household for commercial or medical applications or use in automobiles, watercraft or aircraft. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] DD. "Retail food refrigeration equipment" means equipment designed to store and display chilled or frozen goods for commercial sale, including, but not limited to, stand-alone units, refrigerated food processing and dispensing equipment, remote condensing units, supermarket systems and vending machines. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] EE. "Retrofit" means to replace the refrigerant contained in refrigeration equipment with a different refrigerant, including, but not limited to, any related modifications to the refrigeration equipment required to maintain its operation and reliability following refrigerant replacement. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] FF. "Rigid polyurethane and polyisocyanurate laminated boardstock" means laminated board insulation made with polyurethane or polyisocyanurate foam, including, but not limited to, insulation for roofing and walls. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] GG. "Rigid polyurethane appliance foam" means polyurethane insulation foam used in domestic appliances. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] HH. "Rigid polyurethane high-pressure 2-component spray foam" means a liquid polyurethane foam system sold as 2 parts, such as an A side and a B side, in nonpressurized containers and that is field-applied or factory-applied in situ using high-pressure proportioning pumps, to 800 to 1,600 pounds per square inch, and an application gun to mix and dispense the chemical components. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] II. "Rigid polyurethane in commercial refrigeration" means polyurethane insulation for pipes, walls and metal doors in retail food refrigeration equipment. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] JJ. "Rigid polyurethane low-pressure 2-component spray foam" means a liquid polyurethane foam system sold as 2 parts, such as an A side and a B side, in containers that are pressurized to less than 250 pounds per square inch during manufacture for application without pumps and that is typically applied in situ relying upon a liquid blowing agent or gaseous blowing agent that also serves as a propellant. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] KK. "Rigid polyurethane marine flotation foam" means buoyancy or flotation foam used in boat and ship manufacturing for both structural and flotation purposes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] LL. "Rigid polyurethane one-component foam sealant" means a polyurethane foam typically packaged in aerosol cans that is applied in situ using a gaseous blowing agent that also serves as a propellant for the aerosol formulation. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] MM. "Rigid polyurethane sandwich panels" means a polyurethane foam sandwiched between outer structural layers and used to provide insulation in walls and doors, including for insulation in commercial refrigeration equipment and garage doors. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] NN. "Rigid polyurethane slabstock" means a rigid closed-cell polyurethane foam formed into slabstock insulation for panels and pipes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] OO. "Stand-alone low-temperature unit" means a stand-alone unit that maintains food or beverages at temperatures at or below 32 degrees Fahrenheit. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] PP. "Stand-alone medium-temperature unit" means a stand-alone unit that maintains food or beverages at temperatures above 32 degrees Fahrenheit. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] QQ. "Stand-alone unit" means a retail refrigerator, freezer or reach-in cooler, whether open or with doors, that has fully integrated refrigeration components and a refrigeration circuit that may be completely brazed or welded and that is fully charged with refrigerant during manufacture and typically requires only an electricity supply to begin operation. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] RR. "Substance" means any chemical or blend of chemicals intended for an end use listed in subsection 2 or regulated by the department by rule adopted pursuant to subsection 6 . [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] SS. "Supermarket system" means a multiplex or centralized retail food refrigeration equipment system that is designed to cool or refrigerate and that operates using racks of compressors installed in a machinery room, including both a direct and an indirect system. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] TT. "Use," with regard to a substance, includes, but is not limited to, consumption, incorporation or inclusion in a manufacturing process or product in the State; consumption for an end use in the State; and consumption, incorporation or inclusion in an intermediate application in the State, such as formulation or packaging for other subsequent applications. "Use" does not include residential use but does include manufacturing for the purpose of residential use. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] UU. "Vending machine" means self-contained retail food refrigeration equipment that dispenses goods that must be kept cold or frozen. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

2. Prohibitions. Except as provided in subsection 3 and in accordance with rules adopted by the department pursuant to this section, a person may not sell, lease, rent, install or enter into commerce in the State any product or equipment that uses or will use the following specified substances that are hydrofluorocarbons with high global warming potential for the following specified air conditioning, refrigeration, foam or aerosol propellant end uses. A. Beginning January 1, 2022: (1) For aerosol propellants in new products, the following substances are prohibited: HFC-125, HFC-134a, HFC-227ea and blends of HFC-227ea and HFC-134a; (2) For new compact household refrigerators or freezers, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E and THR-03; (3) For retrofitted supermarket systems, the following substances are prohibited: R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-507A; (4) For new supermarket systems, the following substances are prohibited: HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-507A; (5) For retrofitted remote condensing units, the following substances are prohibited: R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-507A; (6) For new remote condensing units, the following substances are prohibited: HFC-227ea, R-404A, R-407B, R-421B, R-422A, R-422C, R-422D, R-428A, R-434A and R-507A; (7) For retrofitted stand-alone units, the following substances are prohibited: R-404A and R-507A; (8) For new stand-alone medium-temperature units, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E and THR-03; (9) For new stand-alone low-temperature units, the following substances are prohibited: HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-437A, R-438A, R-507A and RS-44 (2003 formulation); (10) For new refrigerated food processing and dispensing equipment, the following substances are prohibited: HFC-227ea, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-437A, R-438A, R-507A and RS-44 (2003 formulation); (11) For retrofitted vending machines, the following substances are prohibited: R-404A and R-507A; (12) For new rigid polyurethane and polyisocyanurate laminated boardstock, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; (13) For new flexible polyurethane, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; (14) For new integral skin polyurethane, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (15) For new polystyrene extruded sheet, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (16) For new phenolic insulation board and new phenolic insulation bunstock, the following substances are prohibited: HFC-143a, HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; (17) For new rigid polyurethane slabstock and other new rigid polyurethane, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (18) For new rigid polyurethane appliance foam, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (19) For new rigid polyurethane in commercial refrigeration and new rigid polyurethane sandwich panels, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (20) For new polyolefin, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (21) For new rigid polyurethane one-component foam sealants, the following substances are prohibited: HFC-134a, HFC-245fa and any blends of those substances; blends of HFC-365mfc with 4% or more HFC-245fa; commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; and Formacel TI; (22) For new household refrigerators or freezers, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E and THR-03; (23) For new vending machines, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-426A, R-437A, R-438A, R-507A, RS-24 (2002 formulation) and SP34E; (24) For new rigid polyurethane marine flotation foam, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; and Formacel Z-6; (25) For new polystyrene extruded boardstock and billet, the following substances are prohibited: HFC-134a, HFC-245fa, HFC-365mfc and any blends of those substances; Formacel TI; Formacel B; and Formacel Z-6; (26) For new rigid polyurethane high-pressure 2-component spray foam, the following substances are prohibited: HFC-134a, HFC-245fa and any blends of those substances; blends of HFC-365mfc with 4% or more HFC-245fa; commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; and Formacel TI; and (27) For new rigid polyurethane low-pressure 2-component spray foam, the following substances are prohibited: HFC-134a, HFC-245fa and any blends of those substances; blends of HFC-365mfc with 4% or more HFC-245fa; commercial blends of HFC-365mfc with 7% to 13% HFC-227ea and the remainder HFC-365mfc; and Formacel TI. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] B. Beginning January 1, 2023: (1) For new cold storage warehouses, the following substances are prohibited: HFC-227ea, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407A, R-407B, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-423A, R-424A, R-428A, R-434A, R-438A, R-507A and RS-44 (2003 composition); and (2) For new built-in household refrigerators or freezers, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, KDD6, R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-407F, R-410A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-426A, R-428A, R-434A, R-437A, R-438A, R-507A, RS-24 (2002 formulation), RS-44 (2003 formulation), SP34E and THR-03. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] C. Beginning January 1, 2024: (1) For new centrifugal chillers, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, HFC-227ea, HFC-236fa, HFC-245fa, R-125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-423A, R-424A, R-434A, R-438A, R-507A, RS-44 (2003 composition) and THR-03; and (2) For new positive displacement chillers, the following substances are prohibited: FOR12A, FOR12B, HFC-134a, HFC-227ea, KDD6, R-125/134a/600a (28.1/70/1.9), R-125/290/134a/600a (55.0/1.0/42.5/1.5), R-404A, R-407C, R-410A, R-410B, R-417A, R-421A, R-422B, R-422C, R-422D, R-424A, R-434A, R-437A, R-438A, R-507A, RS-44 (2003 composition), SP34E and THR-03. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

3. Exemptions. In accordance with rules adopted by the department pursuant to this section, the following exemptions apply to the prohibitions in subsection 2 . A. Except in the case of retrofitted products or equipment regulated under this section, the prohibitions in this section do not apply to the use of a product or equipment regulated under this section that is acquired by a person prior to the date of an applicable prohibition under subsection 2 on the selling, leasing, renting, installing or entering into commerce in the State of that product or equipment. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] B. A product or equipment regulated under this section that is manufactured prior to the date of an applicable prohibition under subsection 2 on the selling, leasing, renting, installing or entering into commerce in the State of that product or equipment may be sold in, imported into, exported from, distributed in, installed in and used in the State after that date. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] C. The department may approve a waiver request submitted by a person to allow that person to sell, lease, rent, install or enter into commerce in the State for a period of not more than 2 years a product or equipment that is otherwise prohibited from sale, lease, rental, installation or entry into commerce pursuant to this section and the rules adopted pursuant to this section. The department shall adopt rules establishing the process by which a person may submit such a waiver request and the criteria to be used by the department in assessing and approving or denying such waiver requests. The department shall require a person submitting such a waiver request to pay to the department a reasonable fee to cover the department's costs in assessing and approving or denying such waiver requests. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] D. Heat pumps are not subject to the prohibitions in this section. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] E. The following end uses of the substance HFC-134a are not subject to the prohibitions in this section: (1) As an aerosol propellant in new cleaning products designed to remove grease, flux and other soils from electrical equipment; (2) For new refrigerant flushes; (3) In a new product for sensitivity testing of smoke detectors; (4) As a new lubricant or freeze spray for electrical equipment or electronics; (5) As a new spray for aircraft maintenance purposes; (6) As a new spray containing corrosion preventive compounds that is used in the maintenance of aircraft, electrical equipment, electronics or military equipment; (7) As a new pesticide for use near electrical wires, in aircraft, in total release insecticide foggers or in certified organic use pesticides for which the federal Environmental Protection Agency has specifically disallowed all other lower global warming potential propellants; (8) As a new mold release agent or mold cleaner; (9) As a new lubricant or cleaner for spinnerets for synthetic fabrics; (10) As a new duster spray specifically used for the removal of dust from photographic negatives, semiconductor chips, specimens under electron microscopes and energized electrical equipment; (11) As a new adhesive or sealant in canisters for commercial use; (12) As a new document preservation spray; (13) As a new wound care spray, new topical cooling spray for pain relief or new product for removing bandage adhesives from skin; and (14) As a new air conditioning refrigerant for military marine vessels when the department has determined that reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] F. The substances HFC-134a and HFC-227ea and blends of HFC-227ea and HFC-134a are not subject to the prohibitions in this section when used as an aerosol propellant for new metered dose inhalers approved by the United States Department of Health and Human Services, Food and Drug Administration for medical purposes. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] G. The substances HFC-134a and R-404A are not subject to the prohibitions in this section when used as a new air conditioning refrigerant in spacecraft intended for human occupancy and related support equipment when the department has determined that reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] H. Until January 1, 2025, the prohibitions in this section do not apply to: (1) New foams, excluding rigid polyurethane one-component foam sealants, when used in space-related and aeronautics-related applications when the department has determined that reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements; and (2) New rigid polyurethane high-pressure 2-component spray foams and new rigid polyurethane low-pressure 2-component spray foams, when used in military or space-related and aeronautics-related applications when the department has determined that reasonable efforts have been made to ascertain that other alternatives are not technically feasible due to performance or safety requirements. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] I. Any product or equipment the end use of which is regulated under this section is exempt from the prohibitions in this section and the rules adopted pursuant to this section if such state regulation of the product or equipment is preempted by federal statute or regulation, so long as that federal preemption remains in effect. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

4. Record keeping. In accordance with rules adopted by the department pursuant to this section, a person that manufactures for sale or entry into commerce in the State a product or equipment regulated under this section shall maintain for 5 years, and shall make available to the department upon request, records sufficient to demonstrate that the product or equipment does not contain any substances prohibited for an applicable end use regulated under this section or that the product or equipment is exempt from the prohibitions in this section pursuant to subsection 3 . [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

5. Venting prohibition. In accordance with rules adopted by the department, a person may not intentionally or knowingly vent or otherwise release into the environment any prohibited substance identified pursuant to subsection 2 when maintaining, servicing, repairing or disposing of a product or equipment regulated under this section that was sold, leased, rented, installed or entered into commerce in the State prior to the date of an applicable prohibition under subsection 2 for that product or equipment. The prohibition under this subsection does not apply to a person who causes such a release if that release is de minimis and the person caused the release while engaged in a good faith attempt to recycle or recover the prohibited substance in a product or equipment regulated under this section. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

6. Rulemaking. The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. In its initial adoption of rules to implement this section, the department may not regulate a substance or end use not specifically identified in this section. Subsequent to that initial adoption of rules, the department may amend its adopted rules to regulate or exempt, consistent with this section, substances that are hydrofluorocarbons with high global warming potential and air conditioning, refrigeration, foam or aerosol propellant end uses that are not specifically identified in this section or for other purposes consistent with this section. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] B. Prior to adopting or amending rules to implement this section, the department shall consult with the Department of Public Safety, Office of the State Fire Marshal regarding the effects of any proposed rules on safety-related requirements and restrictions in state or local building codes and in other related state laws and rules. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] C. The department may not adopt by rule a prohibition pursuant to this section that is applicable to new light duty vehicles unless a substantially similar prohibition has been adopted in another state and is in effect in that other state. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] D. If, pursuant to the federal Clean Air Act, 42 United States Code, Section 7671k, the United States Environmental Protection Agency approves a hydrofluorocarbon blend with a global warming potential of 750 or less for foam blowing of polystyrene extruded boardstock and billet or rigid polyurethane low-pressure 2-component spray foam, the department may initiate rulemaking to amend its rules adopted pursuant to this section to address that federal action. [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).] [PL 2021, c. 192, §1 (NEW); RR 2021, c. 1, Pt. A, §53 (RAL).]

Revisor's Note: §1613. Appliance and product efficiency standards (As enacted by PL 2021, c. 433, §1 is REALLOCATED TO TITLE 38, SECTION 1616)
38 M.R.S. § 1204 — ME Code / Title 38 / Chapter 11 / Section 1204
38 §1204. Appeal on assessment
Status: in_force

Any person aggrieved by the decision of said trustees as it relates to any assessment for sewer construction under section 1203 shall have the same rights of appeal as are provided in the case of laying out of town ways. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 2003 — ME Code / Title 38 / Chapter 23 / Section 2003
38 §2003. Approval and organization
Status: in_force

When the residents of the municipality or each municipality, when more than one is involved, or the unorganized territory within the proposed watershed district have voted upon the formation of a proposed watershed district and all of the other questions submitted therewith, the clerk of each municipality and, when the proposed district includes unorganized territory, the county clerk shall make a return to the commissioner in such form as the commissioner determines. If the commissioner finds from the returns that a majority of the residents within each of the municipalities involved and, when the proposed district includes unorganized territory, that a majority of the residents of the unorganized territory within the proposed watershed district, voting on each of the articles and questions submitted to them, have voted in the affirmative and have elected the necessary trustees and the names of those elected to represent each municipality, or the residents of the unorganized territory within the proposed watershed district, that each participating water district has appointed a trustee as provided by section 2002, subsection 6‑A , and that all other steps in the formation of the proposed watershed district are in order and in conformity with law, the commissioner shall make a finding to that effect and record the same upon departmental records. The commissioner shall, immediately after making findings, issue a certificate of organization in the name of the watershed district in such form as the commissioner determines. The original certificate must be delivered to the trustees on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner must be filed and recorded in the Office of the Secretary of State. The issuance of that certificate by the commissioner is conclusive evidence of the lawful organization of the watershed district. The watershed district is not operative until the date set by the commissioner under section 2006 . [PL 1989, c. 106, §4 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §284 (AMD).]
38 M.R.S. § 1683 — ME Code / Title 38 / Chapter 16-C / Section 1683
38 §1683. Statute not admissible in evidence
Status: in_force

This chapter may not be admitted in evidence or offered as an exhibit for any purpose in any civil trial against any wholesaler, retailer or installer of arsenic-treated wood. This section does not apply in cases of enforcement actions brought by the State. [PL 2003, c. 457, §2 (NEW).]
38 M.R.S. § 908 — ME Code / Title 38 / Chapter 5 / Section 908
38 §908. Municipal actions on dam ownership
Status: in_force

The municipal legislative body, as defined in Title 30‑A, section 2001 , of any municipality notified pursuant to section 901, subsection 2 must consider and act on the issue of dam ownership at a public meeting. The meeting must be held no later than 180 days after the municipal officers receive notice under section 901 and the department determines the petition is complete for processing. County commissioners notified under section 901 must also hold a public meeting to act on the issue of dam ownership not later than 180 days after receiving notification. [PL 2025, c. 226, §8 (AMD).]
38 M.R.S. § 2011 — ME Code / Title 38 / Chapter 23 / Section 2011
38 §2011. Liability
Status: in_force

Any watershed district formed under this chapter is a governmental entity for the purposes of Title 14, chapter 741 . [PL 1987, c. 711 (NEW).]
38 M.R.S. § 952 — ME Code / Title 38 / Chapter 6 / Section 952
38 §952. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms shall have the following meanings. [PL 1979, c. 459, §1 (NEW).]

1. Accepted road. "Accepted road" means a state, county or town road which is under the control of state, county or municipal authorities and maintained at public expense. [PL 1979, c. 459, §1 (NEW).]

2. Accessory use or structure. "Accessory use or structure" means a use or structure of a nature customarily incidental and subordinate to a principal use or structure. [PL 1979, c. 459, §1 (NEW).]

3. Automobile graveyard. "Automobile graveyard" means a yard, field or parcel of land used as a place of storage for 3 or more unserviceable, discarded, worn out or junked motor vehicles. [PL 1979, c. 459, §1 (NEW).]

4. Billboard. "Billboard" means a sign, structure or surface, or combination thereof, used for advertising purposes exceeding 15 square feet in area. [PL 1979, c. 459, §1 (NEW).]

5. Bog. "Bog" means a periodically or continually wet, spongy area exceeding 1,000 square feet in area with soil composed mainly of decayed vegetable matter. [PL 1979, c. 459, §1 (NEW).]

6. Building. "Building" means any structure, regardless of the materials of which it is constructed, which has a roof or partial roof supported by columns or walls, used or intended to be used for the habitation, enclosure or shelter of persons or animals or to provide uses which include, but are not limited to, working, office, display, sales, storage or parking space. [PL 1979, c. 459, §1 (NEW).]

7. Development. "Development" means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. [PL 1979, c. 459, §1 (NEW).]

8. District. "District" means a specified area of land or water within the corridor, delineated on the district boundary map, within which certain regulations and requirements apply under this chapter. [PL 1979, c. 459, §1 (NEW).]

9. 100-year floodplain. "100-year floodplain" means any land adjacent to the Saco River, Ossipee River or the Little Ossipee River which is of lower elevation than the profiles of the 100-year flood established for that location by the United States Army Corps of Engineers, or by other state or federal agency, or which was actually covered by flood waters in the flood of March, 1936. Where the location of the boundary of the 100-year floodplain is at issue under this chapter, the district boundary map adopted by the commission shall be prima facie evidence of the location of the boundary. [PL 1979, c. 459, §1 (NEW).]

10. Home occupation or enterprise. "Home occupation or enterprise" means an occupation, enterprise or profession which is carried on in a dwelling unit or accessory structure by a person residing in the dwelling unit, incidental and secondary to the use of the dwelling unit for residential purposes, which conforms to the following performance standards: A. Not more than 2 full-time employees or the equivalent thereof not living on the premises shall be employed in the home occupation or enterprise; [PL 1979, c. 459, §1 (NEW).] B. All exterior signs and displays shall comply with the performance standards enacted by or established pursuant to this chapter; and [PL 1979, c. 459, §1 (NEW).] C. There shall be no nuisance, offensive noise, vibration, smoke, dust, odors, heat, glare or radiation generated which is incompatible with the character of the area in which the home occupation or enterprise is located. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

11. Junkyard. "Junkyard" means a yard, field or other parcel of land used as a place for storage for: A. Discarded, worn-out or junked plumbing and heating supplies or household appliances and furniture; [PL 1979, c. 459, §1 (NEW).] B. Discarded scrap and junked lumber; [PL 1979, c. 459, §1 (NEW).] C. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubbish, debris, waste and all scrap iron, steel and other scrap ferrous or nonferrous material; and [PL 1979, c. 459, §1 (NEW).] D. Garbage dumps, waste dumps and sanitary fill. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

12. Marsh. "Marsh" means a periodically wet or continually flooded land area exceeding 1,000 square feet with the surface not deeply submerged, covered dominantly with sedges, cattails, rushes or other hydrophytic plants. [PL 1979, c. 459, §1 (NEW).]

13. Mean high waterline. "Mean high waterline" means the average high tide level. [PL 1979, c. 459, §1 (NEW).]

14. Normal high water line. "Normal high water line" means the line on the shore or bank of the fresh-water portion of a river at the point or elevation where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Where the location of the normal high water line is at issue under this chapter, the district boundary map adopted by the commission shall be prima facie evidence of its location. [PL 1979, c. 459, §1 (NEW).]

15. Public right-of-way. "Public right-of-way" is an improved roadway maintained for passage by motor vehicles in which the owner of fee does not control the right of passage. [PL 1995, c. 171, §1 (AMD).]

15-A. Service drop. "Service drop" means any utility line extension that does not cross or run beneath any portion of a water body as long as: A. In the case of electric service: (1) The placement of wires or the installation of utility poles is located entirely upon the premises of the customer requesting service or upon a roadway right-of-way; and (2) The total length of the extension is less than 1,000 feet; or [PL 1995, c. 171, §2 (NEW).] B. In the case of telephone service: (1) The extension, regardless of length, is made by the installation of telephone wires to existing utility poles; or (2) The extension requiring the installation of new utility poles or placement underground is less than 1,000 feet in length. [PL 1995, c. 171, §2 (NEW).] [PL 1995, c. 171, §2 (NEW).]

16. Structure. "Structure" means any object of a significant nature constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location or in the ground, which may include, but is not limited to, buildings, mobile homes, walls, fences, billboards, signs, piers and floats. [PL 1979, c. 459, §1 (NEW).]

17. Swamp. "Swamp" means a periodically or continually wet area exceeding 1,000 square feet in area which supports tree growth. [PL 1979, c. 459, §1 (NEW).]

17-A. Tributary stream. "Tributary stream" means a channel between defined banks and associated flood plain wetlands. A channel is created by the action of surface water and has 2 or more of the following characteristics. A. It is depicted as a solid or broken blue line on the most recent edition of the U.S. Geological Survey 7.5 series topographic map or, if not available, a 15-minute series topographic map. [PL 1995, c. 171, §2 (NEW).] B. It contains or is known to contain water flowing continuously for a period of at least 3 months of the year in most years. [PL 1995, c. 171, §2 (NEW).] C. The channel bed is primarily composed of mineral material such as sand and gravel, parent material or bedrock that has been deposited or scoured by water. [PL 1995, c. 171, §2 (NEW).] D. The channel contains aquatic animals such as fish, aquatic insects or mollusks in the water or, if no surface water is present, within the stream bed. [PL 1995, c. 171, §2 (NEW).] E. The channel contains aquatic vegetation and is essentially devoid of upland vegetation. [PL 1995, c. 171, §2 (NEW).] "Tributary stream" does not mean a ditch or other drainage way constructed and maintained solely for the purpose of draining storm water, nor does it mean a grassy swale. [PL 1995, c. 171, §2 (NEW).]

18. Wetlands. "Wetlands" means marshes, bogs, swamps and other areas exceeding 1,000 square feet, periodically covered by water which exhibit predominantly aquatic vegetation. [PL 1979, c. 459, §1 (NEW).]