38 M.R.S. § 963-A — ME Code / Title 38 / Chapter 6 / Section 963-A
38 §963-A. Special use variance
Status: in_force

1. No variance where prohibited. No variance shall be granted in order to permit a use within a district in which such use is expressly prohibited, except in accordance with this section. A special use variance may be granted, after notice and public hearing, to permit a single family dwelling within the Resource Protection District upon a finding by the commission that the grant of such a special use variance is necessary to avoid undue hardship to the applicant, provided that hardship shall not be construed to include: A. Any hardship attributable to any act, course of conduct or failure to act of the applicant or the applicant's predecessor in interest, beginning with the owner of record on March 19, 1974; or [RR 2021, c. 2, Pt. B, §260 (COR).] B. Any hardship that is not unique to the petitioner's land. [PL 1979, c. 459, §1 (NEW).] A special use variance under this section may be granted by the commission only in cases where such a variance is necessary to avoid a deprivation of property in violation of the Constitution of Maine, Article I, Section 6, a taking of private property without compensation in violation of the Constitution of Maine, Article I, Section 21, a violation of due process clause of the 14th Amendment of the Constitution of the United States, or a violation of other applicable state or federal constitutional provisions. The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959‑B as the commission finds necessary to avoid the dangers enumerated in section 957‑D . For purposes of enforcement, special use variances granted hereunder and the conditions thereto shall be treated as orders of the commission. [RR 2021, c. 2, Pt. B, §260 (COR).]
38 M.R.S. § 1035 — ME Code / Title 38 / Chapter 10 / Section 1035
38 §1035. Legislative amendment of charters
Status: in_force

Prior to acting on a proposed sewer district charter amendment, the joint standing committee of the Legislature having jurisdiction over energy and utility matters shall request written comments from the municipalities that lie in whole or in part within the sewer district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1472 — ME Code / Title 38 / Chapter 14-A / Section 1472
38 §1472. Reporting
Status: in_force

Each low-level radioactive waste generator shall annually report, by March 31st, the volume, radioactivity and other physical and chemical characteristics of low-level waste generated and of low-level waste shipped to commercial disposal facilities, and the volume, radioactivity and other pertinent characteristics of low-level radioactive waste stored on-site. This report shall be submitted to the commissioner and to the Commissioner of Health and Human Services, and shall include information on the specific radioactive materials handled. [PL 1985, c. 705, §2 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
38 M.R.S. § 480-E-1 — ME Code / Title 38 / Chapter 3 / Section 480-E-1
38 §480-E-1. Delegation of permit-granting authority to Maine Land Use Planning Commission
Status: in_force

Except as provided in section 480‑E‑3 , the Maine Land Use Planning Commission shall issue all permits under this article for activities that are located wholly within its jurisdiction and are not subject to review and approval by the department under any other article of this chapter, except as provided in subsection 3 . [PL 2011, c. 599, §12 (AMD); PL 2011, c. 682, §38 (REV).]

1. Activity located in organized and unorganized area. If an activity is located in part within an organized area and in part within an area subject to the jurisdiction of the Maine Land Use Planning Commission, that portion of the activity within the organized area is subject to department review under this article if that portion is an activity pursuant to this article. That portion of the activity within the jurisdiction of the Maine Land Use Planning Commission is not subject to the requirements of this article except as provided in subsection 2 . [PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]

2. Allowed use. If an activity is located as described in subsection 1 , the department may review that portion of the activity within the jurisdiction of the Maine Land Use Planning Commission if the commission determines that the project is an allowed use within the subdistrict or subdistricts for which it is proposed pursuant to Title 12, section 685‑B . A permit from the Maine Land Use Planning Commission is not required for those aspects of an activity approved by the department under this subsection. [PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]

3. Offshore wind power project. The department shall issue all permits under this article for offshore wind power projects except for community-based offshore wind energy projects as defined in Title 12, section 682, subsection 19 . [PL 2009, c. 615, Pt. E, §12 (NEW).]

4. Projects reviewed under site location of development laws. The department issues all permits required under this article for projects wholly or in part in the jurisdiction of the Maine Land Use Planning Commission that are subject to review and permitting under article 6 . [PL 2011, c. 682, §30 (NEW); PL 2011, c. 682, §40 (AFF).]

Review by the department of subsequent modifications to a development approved by the department is required, except that the Maine Land Use Planning Commission shall issue modifications to permits issued by the department pursuant to this article prior to September 18, 1999. The Maine Land Use Planning Commission shall process these permits and modifications in accordance with the provisions of Title 12, sections 681 to 689 and rules and standards adopted under those sections. [PL 2005, c. 330, §14 (NEW); PL 2011, c. 682, §38 (REV).]

The Maine Land Use Planning Commission, in consultation with the department, shall annually review land use standards adopted by the commission to ensure that the standards afford a level of protection consistent with the goals of this article, the goals of Title 12, chapter 206‑A and the commission's comprehensive land use plan. [PL 2005, c. 330, §14 (RPR); PL 2011, c. 682, §38 (REV).]
38 M.R.S. § 1158 — ME Code / Title 38 / Chapter 11 / Section 1158
38 §1158. Conditions for carrying out work
Status: in_force

When any sanitary district formed under this chapter shall enter, dig up or excavate any public way or other land for the purpose of laying its sewers, drains or pipes, constructing manholes or catch basins or their appurtenances, or maintaining the same, or for any other purpose, the work shall be done expeditiously, and on completion of the work the district shall restore said way or land to the condition it was in prior to such work, or to a condition equally as good. Whenever the character of the work is such as to endanger travel on any public way, the municipal officers of the municipality in which the work is being done, or, if such work is being done in unorganized territory, the commissioners of the county wherein such unorganized territory is located, may order a temporary closing of such way, and of any intersecting way, upon request of said district, and the way shall remain closed to public travel until such municipal officers or county commissioners, as the case may be, deem it restored to a condition safe for traffic. [PL 1967, c. 524, §7 (AMD).]
38 M.R.S. § 1055 — ME Code / Title 38 / Chapter 10 / Section 1055
38 §1055. Investments
Status: in_force

A sewer district may invest its funds, including sinking funds, reserve funds and trust funds in accordance with this section. This section is in addition to, and not in limitation of, any power of a sewer district to invest its funds. [PL 2017, c. 151, §5 (AMD).]

1. Deposit or investment of funds. A sewer district may invest all district funds, including reserve funds and trust funds, if the terms of the instrument, order or article creating the fund do not prohibit the investment, as follows: A. In accounts or deposits of institutions insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or the successors to these federal programs. (1) Accounts and deposits exceeding an amount equal to 25% of the capital, surplus and undivided profits of any trust company or national bank or a sum exceeding an amount equal to 25% of the reserve fund and undivided profit account of a mutual savings bank or state or federal savings and loan association on deposit at any one time must be secured by the pledge of certain securities as collateral or fully covered by insurance. (a) The collateral must be in an amount equal to the excess deposit. The trustees shall determine the value of the pledged securities on the basis of market value and shall review the value of the pledged securities on the first business day of January and July of each year. (b) The collateral may consist only of securities in corporate bond and Maine corporate bond. The securities must be held in a depository institution approved by the trustees and pledged to indemnify the sewer district against any loss. The depository institution shall notify the trustees of the pledging when the securities are deposited; [PL 2017, c. 151, §5 (NEW).] B. In repurchase agreements with respect to obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 , as long as the market value of the underlying obligation is equal to or greater than the amount of the sewer district’s investment and either the sewer district’s security entitlement with respect to the underlying obligation is created pursuant to the provisions of Title 11, Article 8‑A and other applicable law or the sewer district’s security interest is perfected pursuant to Title 11, Article 9‑A and other applicable law, except that, if the term of the repurchase agreement is not in excess of 96 hours, the sewer district’s security interest with respect to the underlying obligation need not be perfected as long as an executed Public Securities Association form of master repurchase agreement is on file with the counterparty prior to the date of the transaction; [PL 2017, c. 151, §5 (NEW).] C. In the shares of an investment company registered under the United States Investment Company Act of 1940, Public Law 76-768, whose shares are registered under the United States Securities Act of 1933, Public Law 73-22, if the investments of the fund are limited to bonds and other direct obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 , or repurchase agreements secured by bonds and other direct obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 ; or [PL 2017, c. 151, §5 (NEW).] D. The trustees may enter into an agreement with any financial institution with trust powers authorized to do business in the State for the safekeeping of the reserve funds, or trust funds, of the sewer district. Services must consist of the safekeeping of the funds, collection of interest and dividends and any other fiscal service that is normally covered in a safekeeping agreement. Investment of reserve funds or trust funds deposited under a safekeeping agreement may be managed either by the financial institution with which the funds are deposited or by an investment advisor registered with the National Association of Securities Dealers, federal Securities and Exchange Commission or other governmental agency or instrumentality with jurisdiction over investment advisors, to act in such capacity pursuant to an investment advisory agreement providing for investment management and periodic review of portfolio investments. Investment of funds on behalf of the district under this paragraph is governed by the rule of prudence, according to Title 18‑B, sections 802 to 807 and Title 18‑B, chapter 9 . The contracting parties shall give assurance of proper safeguards that are usual to these contracts and shall furnish insurance protection satisfactory to both parties. [PL 2017, c. 151, §5 (NEW).] [PL 2017, c. 151, §5 (NEW).]

2. Government unit bonds. A sewer district may invest in: A. The bonds and other direct obligations of the United States, or the bonds and other direct obligations or participation certificates issued by any agency, association, authority or instrumentality created by the United States Congress or any executive order; [PL 2017, c. 151, §5 (NEW).] B. The bonds and other direct obligations issued or guaranteed by any state or by any political subdivision, instrumentality or agency of any state, if the securities are rated within the 3 highest grades by any rating service approved by the Superintendent of Financial Institutions; [PL 2017, c. 151, §5 (NEW).] C. The bonds and other direct obligations issued or guaranteed by this State, or issued by any instrumentality or agency of this State, or any political subdivision of the State that is not in default on any of its outstanding funded obligations; or [PL 2017, c. 151, §5 (NEW).] D. Prime bankers' acceptances and prime commercial paper. [PL 2017, c. 151, §5 (NEW).] Investments made pursuant to this subsection are limited to direct obligations of the issuer in which the sewer district directly owns the underlying security. Obligations created from, or whose value depends on or is derived from, the value of one or more underlying assets or indexes of asset values in which the sewer district owns no direct interest do not qualify as investments under this subsection. [PL 2017, c. 151, §5 (NEW).]

3. Corporate securities. A sewer district may invest in: A. The bonds and other obligations of any United States or Canadian corporation if the securities are rated within the 3 highest grades by any rating service approved by the Superintendent of Financial Institutions and are payable in United States funds. Not more than 2% of the total assets of the permanent reserve fund, permanent trust fund or other permanent fund being invested may be invested in the securities of any one such corporation; and [PL 2017, c. 151, §5 (NEW).] B. The bonds and other obligations of any Maine corporation, actually conducting in this State the business for which that corporation was created, that, for a period of 3 successive fiscal years or for a period of 3 years immediately preceding the investment, has earned or received an average net income of not less than 2 times the interest on the obligations in question and all prior liens or, in the case of water companies subject to the jurisdiction of the Public Utilities Commission, an average net income of not less than 1 1/2 times the interest on the obligations in question and all prior liens. Not more than 20% of the total assets of the permanent reserve fund, permanent trust fund or other permanent fund being invested may be invested in these securities of Maine corporations and not more than 2% of that fund may be invested in the securities of any single corporation. [PL 2017, c. 151, §5 (NEW).] [PL 2017, c. 151, §5 (NEW).]

4. Retention of unauthorized securities. Sewer districts may acquire and hold securities not authorized by law but that have been acquired in settlements, reorganizations, recapitalizations, mergers or consolidations or by receipt of stock dividends or the exercise of rights applicable to securities held by sewer districts and may continue to hold these securities at the discretion of the trustees. Sewer districts may continue to hold at the discretion of the trustees securities under authorization of law. [PL 2017, c. 151, §5 (NEW).]

5. Standard of prudence. All investments made under this section must be made with the judgment and care that persons of prudence, discretion and intelligence, under circumstances then prevailing, exercise in the management of their own affairs, not for speculation but for investment, considering: A. The safety of principal and preservation of capital in the overall portfolio; [PL 2017, c. 151, §5 (NEW).] B. Maintenance of sufficient liquidity to meet all operating and other cash requirements with which a fund is charged that are reasonably anticipated; and [PL 2017, c. 151, §5 (NEW).] C. The income to be derived throughout budgetary and economic cycles, taking into account prudent investment risk constraints and the cash flow characteristics of the portfolio. [PL 2017, c. 151, §5 (NEW).] This standard must be applied to the overall investment portfolio of the sewer district and not to individual items within a diversified portfolio. [PL 2017, c. 151, §5 (NEW).]
38 M.R.S. § 1738 — ME Code / Title 38 / Chapter 17 / Section 1738
38 §1738. Delivery of solid waste
Status: in_force

Prior to a municipality becoming a member of a district or contracting with a district for disposal services, where a district waste facility meets the requirements of section 1304‑B , at the discretion of the board of directors of the district, a municipality may be required to enact an ordinance controlling solid waste delivery in accordance with section 1304‑B . [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1276 — ME Code / Title 38 / Chapter 12-A / Section 1276
38 §1276. Reciprocity agreement
Status: in_force

The commissioner may develop reciprocity agreements with other states when the states have established licensing and certification requirements that are at least as stringent as those set forth in this chapter. [PL 1987, c. 448, §1-C (NEW).]
38 M.R.S. § 584-D — ME Code / Title 38 / Chapter 4 / Section 584-D
38 §584-D. Establishment of ambient increments -- Class III regions
Status: in_force

In addition to the ambient air quality standards set forth in section 584‑A , any Class III region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter , sulfur dioxide and nitrogen oxide over the baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period other than the annual period. The maximum allowable increase consists of: [PL 1989, c. 860, §5 (AMD).]

1. PM10. In regards to PM10: A. An increase in the annual arithmetic mean at any location not to exceed 34 micrograms per cubic meter; and [PL 1995, c. 493, §14 (AMD).] B. An increase in concentration for any 24-hour period at any location not to exceed 60 micrograms per cubic meter; [PL 1995, c. 493, §14 (AMD).] [PL 1995, c. 493, §14 (AMD).]

2. Sulfur dioxide. In regards to sulfur dioxide: A. An increase in the annual arithmetic mean at any location not to exceed 40 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 182 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 700 micrograms per cubic meter; and [RR 1993, c. 1, §130 (COR).] [RR 1993, c. 1, §130 (COR).]

3. Nitrogen oxides. In regards to nitrogen oxides: A. An increase in the annual arithmetic mean at any location not to exceed 30.0 micrograms per cubic meter to be expressed as nitrogen dioxide. [PL 1989, c. 860, §6 (NEW).] [PL 1989, c. 860, §6 (NEW).]
38 M.R.S. § 490-SS — ME Code / Title 38 / Chapter 3 / Section 490-SS
38 §490-SS. Mining and reclamation report
Status: in_force

1. Filing requirement. A permittee shall file with the department a mining and reclamation report on or before March 15th of each year, during the period the mine is operating, during suspension of mining operations and during the post-closure monitoring period. The mining and reclamation report must contain the following: A. A description of the status of mining and reclamation operations; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. An update of the contingency plan. The permittee shall provide a copy of the update to the municipality or county commissioners, as applicable; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. A report of monitoring results for the preceding calendar year; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. A report of the total tons of material mined from the mining area and the amount of metallic product by weight produced from the mine for the preceding calendar year; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] E. A list of the notifications required under subsection 2 for the preceding calendar year. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Notification requirement. A permittee shall promptly notify the department and each municipality in which the mining area and the affected area are located, or, in the unorganized territory, the county commissioners for each county in which the mining area and the affected area are located, of any incident, act of nature or exceedance of a permit standard or condition related to the mining operation that has created, or may create, a threat to the environment, natural resources or public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3. Records. Records must be retained as follows. A. Records upon which mining and reclamation reports are based must be preserved by the permittee for 6 years. The permittee shall make the records available to the department upon request. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Records upon which incident reports under subsection 2 are based must be preserved by the permittee for 6 years or until the end of the post-closure monitoring period, whichever is later. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 1046 — ME Code / Title 38 / Chapter 10 / Section 1046
38 §1046. Enforcement
Status: in_force

Sewer districts have enforcement powers as specified in this section. [PL 2013, c. 555, §6 (NEW).]

1. Violation of standards by an industrial user; applicable to all sewer districts. A sewer district may seek in a civil action injunctive relief from an industrial user that violates a pretreatment standard or requirement, administered by the sewer district. The sewer district may seek a civil penalty of up to $1,000 per day for each violation by an industrial user of a pretreatment standard or requirement. 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 8 and specifically provides that this subsection or former section 1252, subsection 8 does not apply. [PL 2013, c. 555, §6 (NEW).]

2. Injury to property of standard districts. A person may not place, discharge or leave any offensive or injurious matter or material on or in the conduits, catch basins or receptacles of a standard district formed under this chapter contrary to its regulations or knowingly injure any conduit, pipe, reservoir, flush tank, catch basin, manhole, outlet, engine, pump or other property held, owned or used by the standard district. A person who violates this subsection is liable to pay twice the amount of the damages to the standard district to be recovered in any proper action and is subject to a civil penalty not to exceed $2,500 for each violation, payable to the standard district. The civil penalty is recoverable in a civil action. [PL 2013, c. 555, §6 (NEW).]

3. Required connection. Except as provided in subsection 4 , upon receiving a request from a standard district to connect a building located in the territory of the standard district that is accessible to a sewer or drain of the standard district and that is intended for human habitation or occupancy or that has facilities for discharge or disposal of waste water or commercial or industrial waste, the owner of that building shall arrange to have the building connected through a sanitary sewer or drainage system to the standard district's accessible sewer or drain in the most direct manner possible. If feasible, each building requiring connection must have its own separate connection. The connection must be completed within 90 days of the receipt by the owner of the request, or within any extended period requested by the owner and agreed to by the trustees. For purposes of this subsection, "owner" includes the owners of record or any person against whom property taxes on the building are assessed. A person who receives a notice in accordance with this subsection to connect to a building and fails to connect to the building in accordance with this subsection is subject to a civil penalty not to exceed $2,500, payable to the standard district. This penalty is recoverable in a civil action. [PL 2013, c. 555, §6 (NEW).]

4. Connections not required; applicable to all sewer districts. An existing building that is already served by a private sewer system is not required to connect with a sewer or drain of a sewer district as long as the private sewer or drainage system functions in a satisfactory and sanitary manner and does not violate applicable law or ordinance applicable to the connection with a sewer or drain or a sewer district or any applicable requirements of the state plumbing code, as determined by the municipal plumbing inspector or the municipal plumbing inspector's alternate, or, in the event that both are trustees or employees of the sewer district, the Department of Health and Human Services, Division of Health Engineering. 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 3 and specifically provides that this subsection or former section 1252, subsection 3 does not apply. [PL 2013, c. 555, §6 (NEW).]

5. Permissive connection. A person not otherwise required to connect a private sewer into a sewer of a standard district may connect to the standard district's sewer if that person obtains a permit from the standard district and pays any charges required by this subsection. The clerk of the standard district shall record the permit in the records of the standard district. A. If construction of the standard district's sewer is complete at the proposed point of entry of the private sewer and the standard district has established an entrance charge for entry at that location, the person seeking to connect the private sewer at that location shall pay the entrance charge before the connection is undertaken. [PL 2013, c. 555, §6 (NEW).] B. If the standard district's sewer is under construction and not completed at the point of the proposed entry of the private sewer, the person seeking to connect the private sewer at that location is not required to pay an entrance charge. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 2170 — ME Code / Title 38 / Chapter 24 / Section 2170
38 §2170. Host community benefits; application limited to facilities owned or operated by the bureau
Status: in_force

This subchapter applies only to solid waste disposal facilities owned or operated by the bureau. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated by the bureau. [PL 2011, c. 655, Pt. GG, §49 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 424-A — ME Code / Title 38 / Chapter 3 / Section 424-A
38 §424-A. Coordination for addressing water quality problems related to subsurface waste water disposal systems in shellfish growing areas
Status: in_force

1. Definitions. For purposes of this section, the following terms have the following meanings: A. "System" means a subsurface waste water disposal system; [PL 2007, c. 568, §8 (NEW).] B. "Local plumbing inspector" means a plumbing inspector for the municipality where the system is located; [PL 2007, c. 568, §8 (NEW).] C. "Municipality" means the municipality where the system is located; and [PL 2007, c. 568, §8 (NEW).] D. "Certified inspector" means a person certified pursuant to rules adopted by the Department of Health and Human Services to inspect systems. [PL 2007, c. 568, §8 (NEW).] [PL 2007, c. 568, §8 (NEW).]

2. Notification to municipality. If the department or the Department of Marine Resources identifies a violation of a bacteria or toxics standard that is reasonably believed to have resulted in whole or in part from one or more malfunctioning systems and is contributing to closure of a shellfish area, the agency shall notify the municipality. [PL 2007, c. 568, §8 (NEW).]

3. Inspection. If the department or the Department of Marine Resources has notified a municipality pursuant to subsection 2 , and by mutual agreement inspections are not to be conducted by the department, the Department of Marine Resources or the municipality, the system or systems must be inspected and an abatement order issued and enforced according to the procedures in this subsection. A. The department shall designate an area suspected of containing one or more malfunctioning systems and inform the municipality of the designation. The municipality shall provide the department sufficient information concerning property ownership within the designated area to enable the department to send a letter to the owner of each property containing a system within the designated area. [PL 2007, c. 568, §8 (NEW).] B. The department shall notify each owner of property containing a system within the designated area that the system is suspected of contributing to water quality problems and must be inspected to determine compliance with the rules regulating subsurface waste water disposal adopted by the Department of Health and Human Services. [PL 2007, c. 568, §8 (NEW).] C. Within 60 days of notification by the department pursuant to paragraph B or within a lesser time period as provided in the notification of the department, the property owner shall: (1) Submit to the department results of an inspection by a certified inspector that has occurred within the last 12 months pursuant to requirements in Title 30‑A, section 4216 ; (2) Provide evidence to the department that the system was installed or repaired within the last 12 months; or (3) Provide for an inspection by a certified inspector. The property owner shall notify the department of the results of the inspection on a form provided by the department and signed by the certified inspector. The inspection must be conducted at a time of year when the system is operating under representative conditions of use for the property. If representative conditions of use will not occur within the period specified by the department, such as if the residence is seasonal and not currently in use, the property owner may request an extension from the department during the inspection period and the department may grant an extension. [PL 2007, c. 568, §8 (NEW).] D. If an inspection is required pursuant to paragraph C , subsection (3), the provisions of this paragraph apply. (1) It is the responsibility of the property owner to pay for inspection of the system or systems by a certified inspector. (2) The local plumbing inspector is not required to conduct the inspection. (3) If a property owner is unwilling or unable to provide for an inspection, the municipality shall contract with an independent certified inspector. The municipality may assess a fee or a special tax against the land on which the system is located for the amount necessary to hire the certified inspector for the system. The amount of the special tax must be included in the next annual warrant to the tax collector of the municipality for collection in the same manner as other state, county and municipal taxes are collected. Interest as determined by the municipality pursuant to Title 36, section 505 , in the year in which the special tax is assessed, must accrue on all unpaid balances of any special tax beginning on the 60th day after the day of commitment of the special tax to the collector. The interest must be added to and become part of the tax. When determining whether or not to assess a fee or special tax pursuant to this paragraph the municipality shall consider the availability of municipal resources. [PL 2007, c. 568, §8 (NEW).] [PL 2007, c. 568, §8 (NEW).]

4. Abatement orders. If a system is determined to be malfunctioning, the municipality shall issue an abatement order pursuant to Title 30‑A, section 3428 to the owner of the property and send a copy of the abatement order to the department. [PL 2007, c. 568, §8 (NEW).]

5. Enforcement of abatement order. This section is enforced primarily at the local level pursuant to Title 30‑A, section 4452 . In addition to and in coordination with enforcement of the abatement order by the municipality under subsection 4 , the department and the Department of Health and Human Services may enforce an abatement order. [PL 2007, c. 568, §8 (NEW).]

6. Rules. The department in coordination with the Department of Health and Human Services and the Department of Marine Resources may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 568, §8 (NEW).]
38 M.R.S. § 44 — ME Code / Title 38 / Chapter 1 / Section 44
38 §44. -- wrecked or damaged vessels
Status: in_force

When requested in writing by any person interested, port wardens shall survey any vessel which may have suffered wreck or damage, or which may be deemed unseaworthy. Such port wardens shall call to their assistance one merchant and one shipwright, both of whom shall be competent and disinterested persons and shall be sworn faithfully to perform their duties in the examination and survey. Said surveyors and port wardens shall examine the hull, spars, sails, rigging and all the appurtenances of said vessel, and make and record in the books of the port wardens' office a full and particular report of all the surveys by them held on said vessel, specifying what damage she has sustained and what repairs in their opinion are necessary to render her again seaworthy. The aforesaid report shall be presumptive evidence of the necessity of such repairs and of the sufficiency of the same when made.
38 M.R.S. § 818 — ME Code / Title 38 / Chapter 5 / Section 818
38 §818. Miscellaneous
Status: in_force

1. Other laws. Except as specifically provided in this Article, nothing in this Article shall be construed as relieving any person from duties, responsibilities or liabilities imposed by any other statute, regulation, municipal ordinance or any rule of law. [PL 1983, c. 417, §6 (NEW).]

2. Rights of others. Except as specifically provided in this Article, this Article may not be construed as denying any person any rights the person has under any other statute, regulation, municipal ordinance or any rule of law. [RR 2021, c. 2, Pt. B, §255 (COR).]

3. Other powers. No provision of this article may be construed as limiting the powers of the Maine Emergency Management Agency under Title 37‑B, chapter 24 . [PL 2001, c. 460, §4 (AMD).]

4. Damages. No action may be brought against the State, the board, the commissioner or their agents or employees for the recovery of damages caused by any order of the board or commissioner or by the partial or total failure of any dam or through the operation of any dam upon the ground that the State, the board, the commissioner or their agents or employees are liable by virtue of any order or determination of the board or commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §192 (AMD).]
38 M.R.S. § 1804 — ME Code / Title 38 / Chapter 19 / Section 1804
38 §1804. Interagency review of coastal water access issues
Status: in_force

The Department of Agriculture, Conservation and Forestry and the Department of Marine Resources, within existing budgeted resources, shall convene a working group of staff from all state agencies that deal with coastal water access issues to share data, program activities and areas for collaboration on coastal water access issues. Each agency shall identify the coastal water access data that the agency has, the coastal water access data that the agency needs and potential funding sources for the collection of the needed data. Other stakeholders may be included as appropriate. The Department of Agriculture, Conservation and Forestry and the Department of Marine Resources shall submit a report of the working group's activities, including how the agencies can work cooperatively to make creative use of available funds to address both recreational and commercial access needs and to optimize projects that are multiuse in nature to the joint standing committee of the Legislature having jurisdiction over marine resources matters by January 15th of every odd-numbered year. [PL 2011, c. 655, Pt. KK, §30 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 585-L — ME Code / Title 38 / Chapter 4 / Section 585-L
38 §585-L. Idling requirements for motor vehicles (REALLOCATED FROM TITLE 38, SECTION 585-K)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 585-K)

1. Applicability. This section applies to: A. Commercial motor vehicles, as defined in 49 Code of Federal Regulations, Section 390.5 (2007), and commercial motor vehicles used on a highway in intrastate commerce; [RR 2007, c. 2, §26 (RAL).] B. Locations where commercial motor vehicles load or unload; and [RR 2007, c. 2, §26 (RAL).] C. Gasoline-powered motor vehicles except private passenger vehicles. [RR 2007, c. 2, §26 (RAL).] [RR 2007, c. 2, §26 (RAL).]

2. General requirement for loading and unloading locations. A person who owns a location where a commercial motor vehicle that is not subject to an exemption under subsection 4 loads or unloads may not cause a driver of that vehicle to idle for a period longer than 30 minutes by requesting that the vehicle continue running while waiting to load or unload at that location. To the maximum extent practical, a person subject to this subsection shall minimize delays in loading and unloading operations in order to reduce idling times. [RR 2007, c. 2, §26 (RAL).]

3. General requirement for vehicles. An owner or operator of a commercial motor vehicle may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4 . An owner or operator of a gasoline-powered motor vehicle, except a private passenger vehicle, may not cause or permit such a vehicle to idle for more than 5 minutes in any 60-minute period except as provided in subsection 4 . [RR 2007, c. 2, §26 (RAL).]

4. Exemptions. Subsection 3 does not apply for the period or periods when: A. A motor vehicle idles while forced to remain motionless because of traffic or an official traffic control device or signal or at the direction of a law enforcement official; [RR 2007, c. 2, §26 (RAL).] B. A motor vehicle idles when operating a defroster, heater, air conditioner or installing equipment solely to prevent a safety or health emergency and not as part of a rest period; [RR 2007, c. 2, §26 (RAL).] C. A police, fire, ambulance, public safety, military or other emergency or law enforcement vehicle idles while being used in the course of official business; [RR 2007, c. 2, §26 (RAL).] D. The primary propulsion engine idles for maintenance, servicing, repair or diagnostic purposes if idling is required for such an activity; [RR 2007, c. 2, §26 (RAL).] E. A motor vehicle idles as part of a state or federal inspection to verify that all equipment is in good working order if idling is required as part of the inspection; [RR 2007, c. 2, §26 (RAL).] F. Idling of the primary propulsion engine is necessary to power work-related mechanical or electrical operations other than propulsion, including, but not limited to, mixing, dumping or processing cargo, straight truck refrigeration or to protect prescription or over-the-counter drug products. This exemption does not apply when idling for cabin comfort or to operate nonessential on-board equipment; [RR 2007, c. 2, §26 (RAL).] G. A utility vehicle idles during electric utility service restoration operations or when needed to protect temperature-sensitive electrical testing equipment; [RR 2007, c. 2, §26 (RAL).] H. An armored vehicle idles when a person remains inside the vehicle to guard the contents or the vehicle is being loaded or unloaded; [RR 2007, c. 2, §26 (RAL).] I. An occupied commercial motor vehicle with a sleeper berth compartment idles for purposes of air conditioning or heating during a rest or sleep period; [RR 2007, c. 2, §26 (RAL).] J. An occupied commercial motor vehicle idles for purposes of air conditioning or heating while waiting to load or unload; [RR 2007, c. 2, §26 (RAL).] K. A passenger bus idles a maximum of 15 minutes in any 60-minute period to maintain passenger comfort while nondriver passengers are on board; [RR 2007, c. 2, §26 (RAL).] L. A motor vehicle idles due to mechanical difficulties over which the operator has no control if the vehicle owner submits the repair paperwork or product receipt by mail within 30 days to the appropriate authority verifying that the mechanical problem has been fixed. If no repair paperwork is submitted within 30 days, the vehicle owner is subject to penalties as provided in subsection 5 ; [RR 2007, c. 2, §26 (RAL).] M. A motor vehicle idles for not longer than an additional 10 minutes beyond the limit imposed in subsection 3 to operate heating equipment when the ambient air temperature is 32 degrees Fahrenheit or below; or [RR 2007, c. 2, §26 (RAL).] N. A motor vehicle idles as needed for the purpose of providing heat when the ambient air temperature is below 0 degrees Fahrenheit. [RR 2007, c. 2, §26 (RAL).] [RR 2007, c. 2, §26 (RAL).]

5. Penalties. A person who violates this section is subject to the following penalties. A. A person who violates this section commits a traffic infraction under Title 29‑A, chapter 23, subchapter 6 . [RR 2007, c. 2, §26 (RAL).] B. A vehicle operator who violates this section after having previously violated this section commits a civil violation for which a fine of $150 must be adjudged. A vehicle owner or a person who owns a location where a commercial motor vehicle loads or unloads who violates this section after having previously violated this section commits a civil violation for which a fine of $500 must be adjudged. [RR 2007, c. 2, §26 (RAL).] [RR 2007, c. 2, §26 (RAL).]
38 M.R.S. § 1319-F — ME Code / Title 38 / Chapter 13 / Section 1319-F
38 §1319-F. Personnel and equipment
Status: in_force

The commissioner may employ personnel, subject to the Personnel Laws, and maintain equipment necessary to carry out the department's responsibilities under this subchapter. [PL 1981, c. 478, §7 (NEW).]
38 M.R.S. § 349-R — ME Code / Title 38 / Chapter 2 / Section 349-R
38 §349-R. Rules
Status: in_force

The board may adopt rules to implement the regulation of environmental audit programs established in this subchapter. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 419-B — ME Code / Title 38 / Chapter 3 / Section 419-B
38 §419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls
Status: in_force

The State's goals for the dates of removal of transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million are as follows. For the purposes of this section, removal of a transformer that contains polychlorinated biphenyls may be accomplished through the retrofilling of the transformer with oil that contains polychlorinated biphenyls in concentrations below 50 parts per million. [PL 1999, c. 193, §1 (NEW).]

1. Transformers near surface waters. The goal for the date of removal of pole-mounted or pad-mounted transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million and that are located within 100 feet of any surface water or an elementary school or secondary school as defined in Title 20‑A, section 1 is October 1, 2005. For the purposes of this subsection, "surface water" means a wetland mapped by the United States Fish and Wildlife Service under the National Wetlands Inventory project; a great pond as defined in section 480‑B ; or a river, stream or brook as defined in section 480‑B . [PL 1999, c. 193, §1 (NEW).]

2. Remaining transformers. Subject to a utility's existing commercial storage facility license for polychlorinated biphenyls issued by the department, the goal for the date of removal of all pole-mounted or pad-mounted transformers, other than those described in subsection 1 , owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million is October 1, 2011. [PL 1999, c. 193, §1 (NEW).]

3. Uninterruptible service. The dates in this section may be extended to allow for adequate planning for the removal of transformers that provide electrical service to institutions for which service may not be interrupted without extensive planning, including, but not limited to, hospitals and schools. [PL 1999, c. 193, §1 (NEW).]

4. Exception. This section does not apply to transformers located in substations. [PL 1999, c. 193, §1 (NEW).]

5. Voluntary goals. A public utility is not required to meet the goals in this section. [PL 1999, c. 193, §1 (NEW).]
38 M.R.S. § 2124-A — ME Code / Title 38 / Chapter 24 / Section 2124-A
38 §2124-A. Solid waste generation and disposal capacity report
Status: in_force

On or before January 15, 2026 and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters setting forth information on statewide generation of solid waste, statewide recycling rates and available disposal capacity for solid waste as provided in subsection 1. [PL 2023, c. 331, §1 (RPR).]

1. Content of report. A report submitted pursuant to this section must include, but is not limited to: A. Information on the total amount and disposition of municipal solid waste and construction and demolition debris generated in the State, including information on the total amount and disposition of any such waste exported from the State; [PL 2023, c. 331, §1 (NEW).] B. Information on the total amount and disposition of municipal solid waste and construction and demolition debris generated outside the State and imported into the State; [PL 2023, c. 331, §1 (NEW).] C. Information on the total amount of municipal solid waste and construction and demolition debris diverted from disposal; [PL 2023, c. 331, §1 (NEW).] D. Information on the total amount of municipal solid waste and construction and demolition debris disposed of at each waste disposal facility in the State; [PL 2023, c. 331, §1 (NEW).] E. A summary of the volume of licensed capacity at each waste disposal facility in the State that is authorized and, of that authorized volume, the amount of licensed capacity that is in use and the amount not in use; and [PL 2023, c. 331, §1 (NEW).] F. Any recommendations for necessary legislative or regulatory changes regarding the management of solid waste in the State. [PL 2023, c. 331, §1 (NEW).] [PL 2023, c. 331, §1 (NEW).]

2. Authority for legislation. After reviewing the report submitted by the department pursuant to this section, the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters may report out legislation related to the report. [PL 2023, c. 331, §1 (NEW).]
38 M.R.S. § 631 — ME Code / Title 38 / Chapter 5 / Section 631
38 §631. Purposes
Status: in_force

1. Findings. The Legislature finds and declares that the surface waters of the State constitute a valuable indigenous and renewable energy resource; and that hydropower development utilizing these waters is unique in its benefits and impacts to the natural environment, and makes a significant contribution to the general welfare of the citizens of the State for the following reasons. A. Hydropower is the state's only economically feasible, large-scale energy resource which does not rely on combustion of a fuel, thereby avoiding air pollution, solid waste disposal problems and hazards to human health from emissions, wastes and by-products. Hydropower can be developed at many sites with minimal environmental impacts, especially at sites with existing dams or where current type turbines can be used. [PL 1983, c. 458, §18 (NEW).] B. Like all energy generating facilities, hydropower projects can have adverse effects; in contrast with other energy sources, they may also have positive environmental effects. For example, hydropower dams can control floods and augment downstream flow to improve fish and wildlife habitats, water quality and recreational opportunities. [PL 1983, c. 458, §18 (NEW).] C. Hydropower is presently the state's most significant indigenous resource that can be used to free our citizens from their extreme dependence on foreign oil for peaking power. [PL 1983, c. 458, §18 (NEW).] [PL 1983, c. 458, §18 (NEW).]

2. Policy and purpose. The Legislature declares that hydropower justifies singular treatment. The Legislature further declares that it is the policy of the State to support and encourage the development of hydropower projects by simplifying and clarifying requirements for permits, while assuring reasonable protection of natural resources and the public interest in use of waters of the State. It is the purpose of this subarticle to require a single application and permit for the construction of all hydropower projects and for the reconstruction or structural alteration of certain projects, including water storage projects. The permit application process shall be administered by the Department of Environmental Protection, except that, for hydropower projects within the jurisdiction of the Maine Land Use Planning Commission, the commission shall administer the permit application process under this subarticle. [PL 1983, c. 458, §18 (NEW); PL 2011, c. 682, §38 (REV).]

3. Encouragement of tidal and wave power development. It is the policy of the State to encourage the attraction of appropriately sited development related to tidal and wave energy, including any additional transmission and other energy infrastructure needed to transport such energy to market, consistent with all state environmental standards; the permitting and siting of tidal and wave energy projects; and the siting, permitting, financing and construction of tidal and wave energy research and manufacturing facilities. [PL 2009, c. 615, Pt. A, §5 (NEW).]
38 M.R.S. § 1699-B — ME Code / Title 38 / Chapter 16-D / Section 1699-B
38 §1699-B. Donations to the State
Status: in_force

The department, through the Governor, may accept donations, grants and other funds to carry out the purposes of this chapter. [PL 2007, c. 643, §2 (NEW).]
38 M.R.S. § 585-F — ME Code / Title 38 / Chapter 4 / Section 585-F
38 §585-F. Motor vehicle emissions labeling program
Status: in_force

The board may adopt rules to implement a motor vehicle emissions labeling program for all new vehicles sold within the State in order to educate the public about the types and amounts of motor vehicle emissions. Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 500, §8 (NEW).]
38 M.R.S. § 1661-A — ME Code / Title 38 / Chapter 16-B / Section 1661-A
38 §1661-A. Notification
Status: in_force

1. Prior written notice required. Effective January 1, 2002, a product to which mercury is intentionally added during formulation or manufacture, or a product containing one or more components to which mercury is intentionally added during formulation or manufacture, may not be offered for final sale or use or distributed for promotional purposes in the State unless the manufacturer of the product or product component or a trade association representing manufacturers of the product or component has provided written notice to the department in accordance with this section. The requirements of this section do not apply to drugs approved by the United States Food and Drug Administration. The notice must include the following information on a form provided by the department or the clearinghouse under section 1671 : A. A brief description of the product or product component; [PL 2001, c. 373, §3 (NEW).] B. The purpose for which mercury is used in the product or product component; [PL 2001, c. 373, §3 (NEW).] C. The amount of mercury in each unit of the product or product component, reported as an exact number, as an average per product or component with an upper or lower limit or as falling within a range approved by the department; [PL 2001, c. 373, §3 (NEW).] D. The total amount of mercury in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry; and [PL 2001, c. 373, §3 (NEW).] E. The name and address of the manufacturer, and the name, address and phone number of a contact person for the manufacturer. [PL 2001, c. 373, §3 (NEW).] [PL 2001, c. 373, §3 (NEW).]

2. Exemption. A mercury-added product or product component for which federal law governs notice in a manner that preempts state authority is exempt from the requirements of this section. [PL 2001, c. 373, §3 (NEW).]

3. Product category information. With the approval of the department, the manufacturer may supply the information required in subsection 1 for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The information required under subsection 1, paragraph D must be updated and provided to the department every 3 years. [PL 2001, c. 373, §3 (NEW).]

4. Confidentiality. Information submitted to the department pursuant to this section may be kept confidential as provided under sections 1310‑B and 1671 . [PL 2001, c. 373, §3 (NEW).]

5. Product components. Notwithstanding subsection 1, paragraph C , the manufacturer of a product containing one or more mercury-added components is not required to include information on the amount of mercury in the component in the notice to the department if the component manufacturer has provided that information to the department and the manufacturer of the product that contains the component identifies the component and component manufacturer in the notice. [PL 2001, c. 626, §20 (AMD).]

An importer of the product or product component from a foreign country may not sell, use or distribute the product or product component in the State unless the manufacturer of the product or product component is in compliance with this section, except that this prohibition does not apply to retailers for whom importing is not a primary business. [PL 2001, c. 373, §3 (NEW).]
38 M.R.S. § 1054 — ME Code / Title 38 / Chapter 10 / Section 1054
38 §1054. Authority to increase debt limits; sewer districts
Status: in_force

1. Debt limit. Notwithstanding any provision of a sewer district's charter to the contrary, a sewer district may increase its debt limit by referendum in accordance with this section. A sewer district is not required to use the procedure provided by this section and may seek to increase its debt limit by any other lawful means, including pursuant to any other means described in the sewer district's charter or by seeking legislative amendment to its charter. [PL 2013, c. 555, §6 (NEW).]

2. Referendum. If a sewer district chooses to increase its debt limit pursuant to this section, the governing body of the sewer district shall propose a new debt limit and submit the proposal for approval at a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections in Title 30‑A, chapter 121 , except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the sewer district if the usual voting place for persons located within the sewer district is located outside the territory of the sewer district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following: "Do you favor changing the debt limit of the (insert name of sewer district) from (insert current debt limit) to (insert proposed debt limit)?" The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question. The results must be declared by the governing body of the sewer district and entered upon the sewer district's records. Due certificate of results must be filed by the clerk with the Secretary of State. [PL 2013, c. 555, §6 (NEW).]

3. Approval. A debt limit proposal becomes effective upon its acceptance by a majority of the legal voters within the sewer district voting at the referendum. Failure of approval by the majority of legal voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The cost of referenda are borne by the sewer district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1727 — ME Code / Title 38 / Chapter 17 / Section 1727
38 §1727. Admission of new member municipalities
Status: in_force

The board of directors may authorize the inclusion of additional member municipalities in the district upon the terms and conditions as the board, in its sole discretion, determines to be fair, reasonable and in the best interest of the district, except that on proper application any municipality that is host to a waste facility of the district must be admitted on equal terms with existing members if the new member municipality assumes or becomes responsible for a proportionate share of liabilities of the district in a manner similar to that of existing municipalities. The legislative body of any nonmember municipality that desires to be admitted to the district shall make application for admission to the board of directors of the district. The directors shall determine the effects and impacts that are likely to occur if the municipality is admitted and shall either grant or deny authority for admission of the petitioning municipality. If the directors grant the authority, they shall also specify any terms and conditions, including, but not limited to, financial obligations upon which the admission is predicated. The petitioning municipality shall comply with the voting procedures specified in section 1721 . The vote, if in the affirmative, must be certified by the clerk of that municipality to the board of directors and to the department. Upon satisfactory performance of the terms and conditions of admission, the municipality by resolution of the board of directors becomes and thereafter is a member municipality of the district. The clerk of the district shall promptly certify to the agency and the Secretary of State that the municipality has become a member of the district. The certification is conclusive evidence that the municipality is a lawful member of the district. Upon admission of a municipality to a district, the provisions of section 1724 determine the number of votes to be cast by the director or directors representing that municipality. [PL 2011, c. 655, Pt. GG, §26 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 343-C — ME Code / Title 38 / Chapter 2 / Section 343-C
38 §343-C. Technical and Environmental Assistance Program
Status: in_force

The Technical and Environmental Assistance Program, referred to in this section as the "program," is administered by the Office of Pollution Prevention. Participation in the program by any person is voluntary. The department may not require any person to participate in the program. [PL 1991, c. 804, Pt. C, §3 (NEW).]

1. Program components. The program must: A. Provide for the development, collection and coordination of information concerning compliance methods and technologies; [PL 1991, c. 804, Pt. C, §3 (NEW).] B. Provide for the encouragement of lawful cooperation among persons engaged in activities regulated by the department; [PL 1991, c. 804, Pt. C, §3 (NEW).] C. Provide assistance with pollution prevention and accidental release detection and prevention; [PL 1991, c. 804, Pt. C, §3 (NEW).] D. Ensure that a person engaging in an activity that is subject to regulation by the department is informed of that person's rights and obligations under environmental programs administered by the department, and assist persons in determining the applicable permitting and programmatic requirements of the department; and [PL 1991, c. 804, Pt. C, §3 (NEW).] E. Develop procedures to consider requests from regulated persons to modify work practice or technological compliance methods or the milestones for implementing those methods. [PL 1991, c. 804, Pt. C, §3 (NEW).] Any instance of noncompliance identified as a result of a person requesting assistance through the program must be corrected by that person. The commissioner is not required to initiate a formal enforcement action against a person found to be in noncompliance as a result of a request for assistance through the program. The commissioner, in cooperation with the Attorney General and in conformity with federal requirements, shall develop a written enforcement policy for responding to violations identified as a result of a small business requesting assistance through the program. The policy must outline conditions under which the department will forego civil penalties when the violation is not a recurrence of a violation for which a prior formal or informal enforcement response has been taken, the violation was inadvertent and did not result in significant environmental harm or risk to human health and the business acts promptly and responsibly to correct the violation. [PL 1995, c. 234, §1 (AMD).]

2. Other duties. In administering the program, the Office of Pollution Prevention shall: A. Operate a telephone hotline to enhance accessibility of the program; and [PL 2013, c. 300, §7 (AMD).] B. [PL 2013, c. 300, §8 (RP).] C. Periodically review the program with trade associations, municipal organizations and regulated persons. [PL 1991, c. 804, Pt. C, §3 (NEW).] [PL 2013, c. 300, §§7, 8 (AMD).]

3. Staffing. The commissioner shall establish adequate staffing to effectively carry out the duties of the Technical and Environmental Assistance Program. [PL 1993, c. 500, §1 (NEW); PL 1993, c. 500, §5 (AFF).]
38 M.R.S. § 484 — ME Code / Title 38 / Chapter 3 / Section 484
38 §484. Standards for development
Status: in_force

The department shall approve a development proposal whenever it finds the following. [PL 1995, c. 704, Pt. A, §8 (AMD); PL 1995, c. 704, Pt. C, §2 (AFF).]

1. Financial capacity and technical ability. The developer has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards and with the provisions of this article. The commissioner may issue a permit under this article that conditions any site alterations upon a developer providing the commissioner with evidence that the developer has been granted a line of credit or a loan by a financial institution authorized to do business in the State as defined in Title 9‑B, section 131, subsection 17‑A or with evidence of any other form of financial assurance the board determines by rule to be adequate. [PL 2009, c. 293, §1 (AMD).]

2. Traffic movement. [PL 1999, c. 468, §9 (RP).]

3. No adverse effect on the natural environment. The developer has made adequate provision for fitting the development harmoniously into the existing natural environment and that the development will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities. A. In making a determination under this subsection, the department may consider the effect of noise from a commercial or industrial development. Noise from a residential development approved under this article may not be regulated under this subsection, and noise generated between the hours of 7 a.m. and 7 p.m. or during daylight hours, whichever is longer, by construction of a development approved under this article may not be regulated under this subsection. [PL 1993, c. 383, §21 (NEW); PL 1993, c. 383, §42 (AFF).] B. In determining whether a developer has made adequate provision for the control of noise generated by a commercial or industrial development, the department shall consider board rules relating to noise and the quantifiable noise standards of the municipality in which the development is located and of any municipality that may be affected by the noise. [PL 1993, c. 383, §21 (NEW); PL 1993, c. 383, §42 (AFF).] C. Nothing in this subsection may be construed to prohibit a municipality from adopting noise regulations stricter than those adopted by the board. [PL 1993, c. 383, §21 (NEW); PL 1993, c. 383, §42 (AFF).] D. [PL 1995, c. 700, §6 (RP).] E. [PL 1995, c. 700, §6 (RP).] F. In making a determination under this subsection regarding a structure to facilitate withdrawal of groundwater, the department shall consider the effects of the proposed withdrawal on waters of the State, as defined by section 361‑A, subsection 7 ; water-related natural resources; and existing uses, including, but not limited to, public or private wells, within the anticipated zone of contribution to the withdrawal. In making findings under this paragraph, the department shall consider both the direct effects of the proposed water withdrawal and its effects in combination with existing water withdrawals. [PL 2005, c. 452, Pt. A, §3 (NEW).] G. In making a determination under this subsection regarding an expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4 , or an offshore wind power project with an aggregate generating capacity of 3 megawatts or more, the department shall consider the development's or project's effects on scenic character and existing uses related to scenic character in accordance with Title 35‑A, section 3452 . [PL 2009, c. 615, Pt. E, §17 (AMD).] H. In making a determination under this subsection regarding a development's effects on significant vernal pool habitat, the department shall apply the same standards applied to significant vernal pool habitat under rules adopted pursuant to the Natural Resources Protection Act. The department may not require a buffer strip adjacent to significant vernal pool habitat unless the buffer strip is established for another protected natural resource as defined in section 480‑B, subsection 8 . [PL 2011, c. 359, §3 (NEW).] I. In determining whether a developer has made adequate provision for fitting the development harmoniously into the existing natural environment, the department may consider the effect of at least 1.5 feet of relative sea level rise by 2050 and 4 feet of relative sea level rise by 2100 as specified by the department by rule adopted pursuant to section 489‑E . [PL 2021, c. 590, Pt. B, §1 (NEW).] J. In making a determination under this subsection regarding an offshore wind terminal as defined in Title 35‑A, section 3410, subsection 1, paragraph D , the department shall consider the terminal's effects on scenic character and existing uses related to scenic character in accordance with Title 35‑A, section 3410 . [PL 2023, c. 481, §15 (NEW).] [PL 2023, c. 481, §15 (AMD).]

4. Soil types. The proposed development will be built on soil types that are suitable to the nature of the undertaking. [PL 1995, c. 704, Pt. A, §10 (AMD); PL 1997, c. 603, §§8, 9 (AFF).]

4-A. Storm water management and erosion and sedimentation control. The proposed development meets the standards for storm water management in section 420‑D and the standard for erosion and sedimentation control in section 420‑C . If exempt under section 420‑D, subsection 7 , a proposed development must satisfy the applicable storm water quantity standard and, if the development is located in the direct watershed of a lake included in the list adopted pursuant to section 420‑D, subsection 3 , any applicable storm water quality standards adopted pursuant to section 420‑D. For redevelopment projects only, the standards for storm water management in section 420‑D are met if the proposed development is located in a designated area served by a department-approved management system for storm water as described in section 420‑D, subsection 2 , as long as the owner or operator of the parcel upon which the proposed development will be located enters into or obtains and remains in compliance with all agreements, permits and approvals necessary for the proposed development to be served by such management system for storm water. [PL 2011, c. 653, §18 (AMD); PL 2011, c. 653, §33 (AFF).]

5. Ground water. The proposed development will not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur. [PL 1987, c. 812, §§10, 18 (RPR).]

6. Infrastructure. The developer has made adequate provision of utilities, including water supplies, sewerage facilities and solid waste disposal, required for the development, and the development will not have an unreasonable adverse effect on the existing or proposed utilities in the municipality or area served by those services. [PL 1999, c. 468, §10 (AMD).]

7. Flooding. The activity will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to any structure. [PL 1987, c. 812, §§10, 18 (NEW).]

8. Sand supply. [PL 1993, c. 383, §23 (RP); PL 1993, c. 383, §42 (AFF).]

9. Blasting. Blasting will be conducted in accordance with the standards in section 490‑Z, subsection 14 unless otherwise approved by the department. [PL 2007, c. 297, §2 (NEW).]

10. Special provisions; wind energy development or offshore wind power project. In the case of a grid-scale wind energy development, or an offshore wind power project with an aggregate generating capacity of 3 megawatts or more, the proposed generating facilities, as defined in Title 35‑A, section 3451, subsection 5 : A. Will be designed and sited to avoid unreasonable adverse shadow flicker effects; [PL 2021, c. 293, Pt. A, §51 (RPR).] B. Will be constructed with setbacks adequate to protect public safety. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities; and [PL 2021, c. 293, Pt. A, §51 (RPR).] C. Will provide significant tangible benefits as determined pursuant to Title 35‑A, section 3454 , if the development is an expedited wind energy development. [PL 2021, c. 293, Pt. A, §51 (RPR).] The Department of Labor, the Governor's Energy Office and the Public Utilities Commission shall provide review comments if requested by the primary siting authority. For purposes of this subsection, "grid-scale wind energy development," "primary siting authority," "significant tangible benefits" and "expedited wind energy development" have the same meanings as in Title 35‑A, section 3451 . [PL 2021, c. 293, Pt. A, §51 (RPR).]

11. Special provision; solar energy development. In the case of a proposed solar energy development, the development will not be constructed within 100 feet of a river, stream or brook. This subsection does not apply to vegetation removal activities necessary for shade management or road or utility line crossings within 100 feet of a river, stream or brook. As used in this subsection, "solar energy development" means a development that uses a solar energy system consisting of ground-mounted solar panels to convert solar energy to electrical energy and includes generating facilities and associated facilities. [PL 2025, c. 106, §1 (NEW).]
38 M.R.S. § 349-M — ME Code / Title 38 / Chapter 2 / Section 349-M
38 §349-M. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 304, Pt. A, §1 (NEW).]

1. Compliance management system. ''Compliance management system'' means a system implemented by a regulated entity appropriate to the size and nature of its activities to prevent, detect and correct violations of environmental requirements through all of the following: A. Compliance policies, standards and procedures that identify how employees and agents of the regulated entity are to meet environmental requirements and the conditions of permits, enforceable agreements and other sources of authority for environmental requirements; [PL 2011, c. 304, Pt. A, §1 (NEW).] B. Assignment of overall responsibility within a regulated entity for overseeing compliance with policies, standards and procedures and assignment of specific responsibility for ensuring compliance at each facility or operation of the regulated entity; [PL 2011, c. 304, Pt. A, §1 (NEW).] C. Mechanisms for systematically ensuring that compliance policies, standards and procedures of the regulated entity are being carried out, including monitoring and auditing systems reasonably designed to detect and correct violations, periodic evaluation of the overall performance of the compliance management system and a means for employees or agents of the regulated entity to report violations of environmental requirements without fear of retaliation; [PL 2011, c. 304, Pt. A, §1 (NEW).] D. Procedures to communicate effectively the regulated entity's standards and procedures to all employees and agents of the regulated entity; [PL 2011, c. 304, Pt. A, §1 (NEW).] E. Appropriate incentives to managers and employees of the regulated entity to perform in accordance with the compliance policies, standards and procedures of the regulated entity, including consistent enforcement through appropriate disciplinary mechanisms; and [PL 2011, c. 304, Pt. A, §1 (NEW).] F. Procedures for the prompt and appropriate correction of any violations and any necessary modifications to the regulated entity's compliance management system to prevent future violations. [PL 2011, c. 304, Pt. A, §1 (NEW).] [PL 2011, c. 304, Pt. A, §1 (NEW).]

2. Environmental audit program. ''Environmental audit program'' means a systematic, documented, periodic and objective review by a regulated entity of facility operations and practices that are related to meeting environmental requirements. [PL 2011, c. 304, Pt. A, §1 (NEW).]

3. Environmental audit report. ''Environmental audit report'' means the documented analysis, conclusions and recommendations resulting from an environmental audit program, but does not include data obtained in, or testimonial evidence concerning, the environmental audit. [PL 2011, c. 304, Pt. A, §1 (NEW).]

4. Environmental requirement. "Environmental requirement" means any law or rule administered by the department. [PL 2011, c. 304, Pt. A, §1 (NEW).]

5. Gravity-based penalty. ''Gravity-based penalty'' means the punitive portion of a penalty for a violation of an environmental requirement that exceeds the economic gain from noncompliance with the requirement; and [PL 2011, c. 304, Pt. A, §1 (NEW).]

6. Regulated entity. ''Regulated entity'' means an entity subject to environmental requirements. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 480-KK — ME Code / Title 38 / Chapter 3 / Section 480-KK
38 §480-KK. Coastal Sand Dune Restoration and Protection Fund
Status: in_force

1. Fund established; purposes and administration. The Coastal Sand Dune Restoration and Protection Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the department from which the department may pay up to 50% of the eligible costs incurred in a project to restore, protect, conserve, nourish or revegetate a coastal sand dune system, except that eligible costs for projects relating to coastal sand dune systems and addressing technical assistance and public education may be paid up to 100%. The department may prioritize funding of projects that use nature-based or ecologically enhanced techniques for restoring, protecting, conserving, nourishing or revegetating a coastal sand dune system. Any balance remaining in the fund must continue without lapse from year to year and remain available only for the purposes for which the fund is established. [PL 2023, c. 643, Pt. YYY, §1 (NEW).]

2. Prohibited expenditures. The department may not use money in the fund to fund projects in a coastal sand dune system where public access is not provided to the beach or waterfront area adjacent to the coastal sand dune system. [PL 2023, c. 643, Pt. YYY, §1 (NEW).]

3. Staffing support. The department may use money in the fund for staffing to support administration and implementation of activities authorized under this section. [PL 2023, c. 643, Pt. YYY, §1 (NEW).]

4. Public education program. The department may use money in the fund to develop a coordinated public education program related to coastal sand dune systems. [PL 2023, c. 643, Pt. YYY, §1 (NEW).]

5. Funding sources. The fund may receive money from any source, public or private. [PL 2023, c. 643, Pt. YYY, §1 (NEW).]
38 M.R.S. § 1319-P — ME Code / Title 38 / Chapter 13 / Section 1319-P
38 §1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION  1310-A)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1310-A)

Nothing in this chapter shall be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard under, or other action promulgated pursuant to, this chapter. Local ordinance provisions which touch on matters not dealt with by the chapter or which are more stringent than this chapter shall bind persons residing in the municipality. [PL 1987, c. 517, §23 (RAL).]
38 M.R.S. § 2124 — ME Code / Title 38 / Chapter 24 / Section 2124
38 §2124. Reports
Status: in_force

The department shall submit the plan and subsequent revisions to the Governor and the joint standing committee of the Legislature having jurisdiction over natural resource matters. [PL 2011, c. 655, Pt. GG, §30 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1319-S — ME Code / Title 38 / Chapter 13 / Section 1319-S
38 §1319-S. Hazardous waste facility closure (REALLOCATED FROM TITLE 38, SECTION 1308-A)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1308-A)

1. Closure plan. Closure of any new or existing waste facility for hazardous waste and, if required, post-closure care, must be in accordance with a closure plan and, if required, a post-closure plan, approved by the board. An applicant for a license for a waste facility for hazardous waste shall submit a closure plan and, if required, post-closure plan, for approval with any application for a license. For a facility that is licensed at the time of closure under an interim license, the licensee shall submit a closure plan and, if required, post-closure plan, for approval at least 180 days before the date on which the licensee begins closure. The closure plan and, if required, post-closure plan must include measures, such as leachate control, site stabilization and monitoring, to evaluate and maintain the integrity of the facility site in order to prevent harm to the public health, safety and welfare and to the environment. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §264 (AMD).]

2. Closure notice. Upon approval of a closure plan for a facility for hazardous waste, the commissioner shall file notice with the register of deeds for the county in which the facility is located. This notice must contain the name and address of the current owner of the property, its location, the nature of hazardous wastes handled and the methods of treatment, storage and disposal used at the facility. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §264 (AMD).]

3. Restrictions. The board may require the present or subsequent owner of the land used for a facility for hazardous waste to execute and record a written instrument which imposes a restrictive covenant on the present and future uses of all or part of the land. The covenant shall be recorded in the registry of deeds of the county in which the facility is located. The instrument shall be executed by the owners of the property and the commissioner. It may only be required when the board determines that it is necessary to protect the public health and safety. A covenant executed under this section shall run with the land. [PL 1987, c. 517, §21 (RAL).]

4. Petition for removal of restrictions. The owner of the property restricted by covenant under subsection 3 may petition the board to modify or remove these deed restrictions. This petition shall detail the restrictions to which the petitioner objects, the basis of the objections, the nature of the relief requested and the nature of any new or additional evidence to be offered. Upon a showing that the restrictions are not necessary to protect public health and safety, the board may remove all or part of the restrictions. [PL 1987, c. 517, §21 (RAL).]

5. Post-closure orders. Without restricting or limiting any other remedy, the department may issue a post-closure order and enforce its terms when the facility owner or operator has failed to submit a complete application for a post-closure license under section 1319‑R, subsection 6 , in a timely manner. [PL 1989, c. 794, §7 (NEW).]
38 M.R.S. § 2216 — ME Code / Title 38 / Chapter 24 / Section 2216
38 §2216. Remedies
Status: in_force

Any holder of revenue obligation securities or coupons issued under this subchapter and the trustee under any trust agreement, except as restricted by the trust agreement or applicable document, may, by appropriate legal action, protect and enforce any and all rights under the laws of this State or granted under this subchapter, the trust agreement or other document, including the appointment of a receiver, and may enforce and compel the performance of all duties required by this subchapter, the trust agreement or other document to be performed by the agency, including the collecting of rates, fees and charges for the use of the project. Any proceeding shall be brought for the benefit of all holders of the securities and any coupons. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 723 — ME Code / Title 38 / Chapter 5 / Section 723
38 §723. Agreement of parties binding, if recorded
Status: in_force

When an annual compensation, upon the acceptance by one party of an offer made by the other, is established and signed by the owners of the mill, dam or canal, and of the land, and recorded in the office of the clerk of the court in which the former judgment was rendered, with a reference on the record to the former judgment, and to the book where the agreement is recorded, such agreement is as binding as a verdict and judgment on a new complaint.
38 M.R.S. § 901 — ME Code / Title 38 / Chapter 5 / Section 901
38 §901. Petition for release; public notice
Status: in_force

1. Petition. The owner of a dam that is not licensed or exempted from licensure by the Federal Energy Regulatory Commission may petition the department to initiate proceedings for release from dam ownership or water level maintenance under this article. The petition must include the following information: A. The name, address and phone number of the dam owner; [PL 1995, c. 630, §3 (NEW).] B. The location of the dam and related impoundment; [PL 2025, c. 226, §1 (AMD).] C. Plans of the dam and appurtenant features and descriptions of the condition of the dam and recent operation of the dam, including for all associated features used for operation, maintenance and water level management; [PL 2025, c. 226, §1 (AMD).] D. [PL 2025, c. 226, §1 (RP).] E. Documentation of the owner's title, right or interest in the dam; [PL 2025, c. 226, §1 (NEW).] F. The location of or information regarding easements or deeded or contractual rights to the dam and appurtenant features or to water levels; [PL 2025, c. 226, §1 (NEW).] G. A record of all state inspections of and all repairs and maintenance activities conducted on the dam over the 10-year period prior to the submission of the petition, including a record of any dam safety orders for the dam issued pursuant to Title 37‑B, section 1119 and information regarding any necessary remedial measures undertaken pursuant to such orders; [PL 2025, c. 226, §1 (NEW).] H. Operations and maintenance plans for the dam; [PL 2025, c. 226, §1 (NEW).] I. An emergency action plan for the dam if the dam is assigned a high hazard potential or significant hazard potential pursuant to Title 37‑B, section 1118 ; [PL 2025, c. 226, §1 (NEW).] J. Documentation of the scope of work and related costs incurred for the operation and maintenance of the dam over the 10-year period prior to the submission of the petition and of all estimates for necessary repairs to the dam that have not been completed; [PL 2025, c. 226, §1 (NEW).] K. A record of all federal, state and local permits and approvals issued for or relating to the dam; [PL 2025, c. 226, §1 (NEW).] L. Documentation of insurance policies for and information and associated costs for risk management of the dam; [PL 2025, c. 226, §1 (NEW).] M. Documentation of property tax obligations for the dam and appurtenant features; [PL 2025, c. 226, §1 (NEW).] N. If requested by the department, engineering reports relating to the dam and related impoundment, including, but not limited to, any geotechnical borings, soil test data, recommendation reports, topographic survey data, stream and lake cross sections and bathymetric surveys upstream and downstream of the dam and hydrologic and hydraulic studies and data; [PL 2025, c. 226, §1 (NEW).] O. If requested by the department, environmental reports relating to the dam and related impoundment, including, but not limited to, impact assessments relating to dam removal, dam configuration or dam abandonment, failure or breach; [PL 2025, c. 226, §1 (NEW).] P. Any other information necessary for the persons listed in section 902, subsection 3 to determine whether to assume ownership of the dam; and [PL 2025, c. 226, §1 (NEW).] Q. Any other information the department determines necessary for the purposes of this article. [PL 2025, c. 226, §1 (NEW).] The department shall notify the owner within 15 days of receipt of the petition if the department determines that the petition does not comply with the requirements of this section. If notice is not sent within 15 days, the petition is deemed to comply. [PL 2025, c. 226, §1 (AMD).]

2. Public notice. Not more than 30 days before filing a petition, the dam owner shall publish notice of intent to file a petition under this article at least once in a newspaper circulated in the area in which the dam and impoundment are located. The dam owner shall notify by certified mail the persons listed in section 902, subsection 3, paragraphs B , C and D . The dam owner shall notify abutting property owners as provided in subsection 3 . The dam owner shall also make a good faith effort to notify local, regional and statewide private organizations interested in fisheries, wildlife, conservation, recreation and environmental issues whose interests may be affected by the dam. [PL 1995, c. 630, §3 (NEW).]

3. Notice to property owners. The dam owner shall send notice of the intent to file a petition by first class mail to persons who own property abutting the dam site, water impounded by the dam or waterways immediately downstream from the dam. If the dam owner chooses to meet the obligation to consult with property owners by holding a public meeting, as described in section 902, subsection 1 , the dam owner shall include notice of the public meeting in the notice provided pursuant to this subsection. [PL 1995, c. 630, §3 (NEW).]

The dam owner may request that a municipality send the required notice, but the dam owner is responsible for providing the notice if the municipality fails to do so. At the request of a dam owner, a municipality shall send notice of a petition filed under this article by first class mail to persons who own property in that municipality and who must be notified as provided in this subsection. The dam owner shall provide a sufficient number of copies of the notice to the municipality and shall reimburse the municipality for all costs incurred in providing the notice. County commissioners and tribal governments have the same obligation as municipalities under this subsection to send notice to persons who own property within their respective jurisdictions. [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 1497 — ME Code / Title 38 / Chapter 14-A / Section 1497
38 §1497. Applicability of regulations
Status: in_force

Nothing in this Act may be construed to exempt any proposed nuclear power plant, any facility for the disposal or storage of low-level radioactive waste or any compact or agreement or contract subject to the provisions of this Act from meeting any licensing, permit, certification, variance or other approval requirement of the State of Maine or political subdivisions thereof. [IB 1985, c. 1 (NEW).]
38 M.R.S. § 41 — ME Code / Title 38 / Chapter 1 / Section 41
38 §41. Election; qualifications; term; removal; vacancies; records
Status: in_force

Port wardens must be elected in any city or town situated on navigable waters upon the petition of 10 or more citizens engaged in commercial pursuits therein. [RR 2021, c. 2, Pt. B, §226 (COR).]

If in such city or town there is a board of trade duly incorporated, that board shall annually elect the port warden. Otherwise the municipal officers thereof shall annually elect the port warden. [RR 2021, c. 2, Pt. B, §226 (COR).]

Port wardens must have commercial or nautical experience and hold office one year from each election and until others are qualified in their stead, except when removed for cause or when elected to serve out an unexpired term. They must be sworn faithfully to perform their duties. [RR 2021, c. 2, Pt. B, §226 (COR).]

Boards of trade, by their managers, or municipal officers shall forthwith on complaint of any person aggrieved, after hearing, remove for cause any port warden by them elected, and all vacancies must be filled by those authorities. [RR 2021, c. 2, Pt. B, §226 (COR).]

Port wardens shall make a record of their doings and keep the same in their office for inspection at any time, free of charge, by any person interested therein.
38 M.R.S. § 2235 — ME Code / Title 38 / Chapter 24 / Section 2235
38 §2235. Use of files
Status: in_force

The department shall keep on file for public inspection and use all reports submitted under this subchapter. [PL 2011, c. 655, Pt. GG, §67 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 570-J — ME Code / Title 38 / Chapter 3 / Section 570-J
38 §570-J. Personnel and equipment
Status: in_force

The commissioner shall establish and maintain at appropriate locations employees and equipment that, in the commissioner's judgment, are necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the fund established by subchapter 2‑A . [PL 2015, c. 319, §38 (AMD).]
38 M.R.S. § 486-B — ME Code / Title 38 / Chapter 3 / Section 486-B
38 §486-B. General permit authority; Department of Transportation and Maine Turnpike Authority developments
Status: in_force

1. Authorization. The department may issue a general permit for all or a subclass of developments constructed or caused to be constructed or operated or caused to be operated by the Department of Transportation or the Maine Turnpike Authority that require approval pursuant to this article. [PL 2009, c. 293, §3 (NEW).]

2. Standards. A development authorized by a general permit is required to meet all applicable requirements under and rules adopted pursuant to this article. In a general permit the department may: A. Rely upon the Department of Transportation’s or the Maine Turnpike Authority's environmental procedures and standard practices for purposes of approving a development if the department determines that such practices meet or exceed the requirements of and rules adopted pursuant to this article. This reliance may occur although the Department of Transportation’s or the Maine Turnpike Authority's environmental procedures and standard practices have not been adopted through rulemaking and minor changes to such procedures and practices occur without prior review by the department; [PL 2009, c. 293, §3 (NEW).] B. Provide for reduced submissions or less review than would otherwise be required for an individual permit; and [PL 2009, c. 293, §3 (NEW).] C. Set forth specific requirements, terms and conditions. [PL 2009, c. 293, §3 (NEW).] For purposes of any enforcement under this subsection, the department may rely upon the standards of and rules adopted pursuant to this article, although the department may have relied upon the Department of Transportation’s or the Maine Turnpike Authority's environmental procedures and standard practices for purposes of approval. [PL 2009, c. 293, §3 (NEW).]

3. Review. The department may approve: A. A specific development upon receipt and review of a notice of intent under subsection 4, paragraph A to comply with standards in the general permit for the specific development from the Department of Transportation or the Maine Turnpike Authority; or [PL 2009, c. 293, §3 (NEW).] B. A notice of intent under subsection 4 prior to receipt of a final design for a development, as long as any requirements in a general permit for the approval are met. [PL 2009, c. 293, §3 (NEW).] [PL 2009, c. 293, §3 (NEW).]

4. Procedure. Procedures for a general permit under this section include: A. A notice of intent must be submitted on a form provided by the department and contain information required by the department that is necessary to determine whether standards will be met; and [PL 2009, c. 293, §3 (NEW).] B. If a general permit provides for approval of a notice of intent under paragraph A prior to submission of final designs to the department, then following submission of the designs the department may require that changes in design be made where necessary to conform with applicable standards. [PL 2009, c. 293, §3 (NEW).] The Department of Transportation or the Maine Turnpike Authority may choose to apply for an individual permit for a development rather than file a notice of intent under paragraph A . The department may require the Department of Transportation or the Maine Turnpike Authority to file for an individual permit for a development that would otherwise be authorized to file a notice of intent under paragraph A as provided for in the general permit. [PL 2009, c. 293, §3 (NEW).]

5. Approval. A development authorized under a general permit is considered to be approved by the department upon approval by the department of a notice of intent under subsection 4, paragraph A . The permit must include the text of the general permit and the department’s approval of the notice of intent under subsection 4 . The department may condition its approval of the notice of intent as necessary to ensure compliance with standards under a general permit. [PL 2009, c. 293, §3 (NEW).]

6. Fee. The department may not charge a fee for processing and approval of a notice of intent under subsection 4, paragraph A . [PL 2009, c. 293, §3 (NEW).]

7. Modification of general permit. Notwithstanding section 341‑D , the department may modify a general permit through notification of the Department of Transportation or the Maine Turnpike Authority. The department shall modify a general permit whenever rules adopted pursuant to this article are enacted or modified and may modify a general permit as otherwise necessary to provide for efficient administration and conformance with department standards. [PL 2009, c. 293, §3 (NEW).]

8. Modification of notice of intent. The department shall provide for application and approval of modification of the notice of intent in any general permit. [PL 2009, c. 293, §3 (NEW).]
38 M.R.S. § 2160 — ME Code / Title 38 / Chapter 24 / Section 2160
38 §2160. Procedure in exercise of right of eminent domain
Status: in_force

The right of eminent domain granted in section 2159 may only be exercised after complying with the following procedures. [PL 1989, c. 585, Pt. A, §7 (NEW).]

1. Notice to owner. The bureau shall provide to the owner or owners of record notice of the following: A. The determination of the bureau that it proposes to exercise the right of eminent domain; [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] B. A description and scale map of the land or easement to be taken; [PL 1989, c. 585, Pt. A, §7 (NEW).] C. The final amount offered for the land or easement to be taken, based on the fair value as estimated by the bureau; and [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] D. Notice of the time and place of the hearing provided in subsection 4 . [PL 1989, c. 585, Pt. A, §7 (NEW).] Notice may be made by personal service in hand by an officer duly qualified to serve civil process in this State or by certified mail, return receipt requested, to the last known address of the owner or owners. If the owner or owners are not known or can not be notified by personal service or certified mail, notice may be given by publication in the manner provided in subsection 4 . [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Notice to tenant. Notice shall be given to any tenant in the same manner notice is given to the owner of the property. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Notice to the affected municipality. Notice shall be given to the municipality in which the property to be acquired is located in the same manner notice is given to the owner of the property and shall be addressed to the municipal officers. [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Hearing. The bureau shall hold a public hearing on the advisability of its proposed exercise of the right of eminent domain. Notice of the hearing must be made by publication in a newspaper of general circulation in the area of the taking and published once a week for 2 successive weeks, the last publication to be at least 2 weeks before the time appointed in the hearing. The hearing notice must include: A. The time and place of the hearing; [PL 1989, c. 585, Pt. A, §7 (NEW).] B. A description of the land or easement to be taken; and [PL 1989, c. 585, Pt. A, §7 (NEW).] C. The name of the owners, if known. [PL 1989, c. 585, Pt. A, §7 (NEW).] [PL 2011, c. 655, Pt. GG, §46 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 411 — ME Code / Title 38 / Chapter 3 / Section 411
38 §411. State contribution to pollution abatement
Status: in_force

The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commissioner may make payments to the Maine Municipal Bond Bank to supply the State's share of the revolving loan fund established by Title 30‑A, section 6006‑A . The commissioner may pay up to 90% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners in which the construction cost of the project does not exceed 250% of the median household income in the State. Median household income must be based on the most recent data from the State Economist or the United States Department of Commerce, Bureau of the Census, whichever is lower. Not more than one grant may be made to any applicant in a calendar year. The commissioner may pay a percentage of the cost of individual projects serving single-family dwellings, or seasonal dwellings or commercial establishments according to the following schedule: [PL 2025, c. 44, §1 (AMD).]

1. Single family dwellings. The grant percentage for single-family dwellings is as follows: A. When the annual income of an applicant is 0% to 50% of the state median household income, the grant percentage is 100%; [PL 2025, c. 44, §2 (NEW).] B. When the annual income of an applicant is 51% to 75% of the state median household income, the grant percentage is 90%; [PL 2025, c. 44, §2 (NEW).] C. When the annual income of an applicant is 76% to 100% of the state median household income, the grant percentage is 50%; [PL 2025, c. 44, §2 (NEW).] D. When the annual income of an applicant is 101% to 110% of the state median household income, the grant percentage is 25%; and [PL 2025, c. 44, §2 (NEW).] E. When the annual income of an applicant is greater than 110% of the state median household income, the grant percentage is 0%; [PL 2025, c. 44, §2 (NEW).] [PL 2025, c. 44, §2 (NEW).]

2. Seasonal dwellings. The grant percentage for seasonal dwellings is as follows: A. When the annual income of an applicant is 0% to 75% of the state median household income, the grant percentage is 50%; [PL 2025, c. 44, §3 (NEW).] B. When the annual income of an applicant is 76% to 110% of the state median household income, the grant percentage is 25%; and [PL 2025, c. 44, §3 (NEW).] C. When the annual income of an applicant is greater than 110% of the state median household income, the grant percentage is 0%; and [PL 2025, c. 44, §3 (NEW).] [PL 2025, c. 44, §3 (NEW).]

3. Commercial establishments. The grant percentage for commercial establishments is as follows: A. When the annual income of an applicant is 150% or less of the state median household income, the grant percentage is 50%; [PL 2025, c. 44, §4 (NEW).] B. When the annual income of an applicant is 151% to 250% of the state median household income, the grant percentage is 25%; and [PL 2025, c. 44, §4 (NEW).] C. When the annual income of an applicant is greater than 251% of the state median household income, the grant percentage is 0%. [PL 2025, c. 44, §4 (NEW).] [PL 2025, c. 44, §4 (NEW).]

For purposes of this section, annual income is determined separately for residential property owners and commercial establishments. For a residential property owner, including a trust, "annual income" means the sum of the taxable incomes of each owner of the property if it is jointly owned, or of each beneficiary and grantor if the property owner is a trust, for the previous year as listed on the relevant federal income tax returns for the previous year. For a commercial establishment, "annual income" means taxable income or ordinary business income for the previous year as listed on the relevant federal income tax return plus any depreciation or other noncash expense that was deducted to compute taxable or ordinary business income on that return. A rental property must be considered a commercial establishment or as contributing to annual income depending on how it is reported on the owner's federal income tax return from the previous year. [PL 2025, c. 44, §5 (RPR).]

For a pollution abatement system that is used by multiple single-family or seasonal dwellings, such as resident-owned mobile home parks or home owners' associations, and the property is not owned by a commercial establishment, the average annual income of all single-family or seasonal dwellings attached to the pollution abatement system must be used to calculate the allowable grant percentage. [PL 2025, c. 44, §6 (NEW).]

To determine eligibility, the commissioner may require an applicant to submit a copy of the relevant federal income tax return of the owner or owners. In addition to any penalty adjudged under section 349 , a person who knowingly makes any false statement, representation or certification in the application for a grant under this section and who receives such a grant shall, upon conviction, make restitution to the department in an amount equal to the amount of the grant plus interest and reasonable recovery cost incurred by the department. [PL 1995, c. 186, §2 (NEW).]

For small individual projects, following a period of 90 days from the date of application for assistance under this section, or as ground conditions permit, the unavailability of financial assistance under this section does not relieve an applicant of an obligation to comply with the state water classification program, chapter 3, subchapter I, article 4‑A or any other provision of law. [RR 2015, c. 2, §26 (COR).]

State grant-in-aid participation under this section is limited to grants for waste treatment facilities, interceptor systems and collector systems and outfalls. The word "expense" does not include costs relating to land acquisition or debt service, unless allowed under federal statutes and regulations. [PL 2017, c. 137, Pt. A, §8 (AMD).]

The commissioner shall develop a project priority list, for approval and adoption by the board, for pollution abatement construction and salt or sand-salt storage building projects. The factors considered in developing the priority lists include, but are not limited to, protection of groundwater and surface water, land use, shellfish, general public health hazards and water contact activities. The commissioner shall revise the project priority list for municipal and county salt and sand-salt storage facilities by October 1, 1999 and for all other sand and salt storage facilities by April 1, 2000. An owner or operator of a salt or sand-salt storage area may appeal the ranking and provide new information to the commissioner within 120 days of notification, which may change final priority ranking. The board shall release a final project priority list of municipal and county sites by April 1, 2000, and for all other sand and salt storage facilities by July 1, 2000. The board may not change the priority ranking for a municipality or county that prior to January 1, 1999 built a facility and also registered the site with the department pursuant to section 413 . [PL 1999, c. 387, §3 (AMD).]

All proceeds of the sale of bonds for the construction and equipment of pollution abatement facilities expended under the direction and supervision of the commissioner must be segregated, apportioned and expended as provided by the Legislature. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §24 (AMD).]
38 M.R.S. § 2211 — ME Code / Title 38 / Chapter 24 / Section 2211
38 §2211. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 585, Pt. A, §7 (NEW).]

1. Bond. "Bond" means revenue obligation security. [PL 1989, c. 585, Pt. A, §7 (NEW).]

1-A. Agency. "Agency" means the Finance Authority of Maine. [PL 1995, c. 465, Pt. B, §6 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Cost of project. "Cost of project" means the cost or value of land, buildings, real estate improvements, labor, materials, machinery and equipment, property rights, easements, franchises, financing charges, interest, engineering and legal services, plans, specifications, surveys, cost estimates, studies and other expenses as may be necessary or incidental to the development, construction, acquisition, financing and placing in operation of an eligible project. In addition to these costs, reserves for payment of future debt on any revenue obligation securities may be included as part of the cost of the project. Any obligation or expenses incurred by the State, the agency, a regional association, a municipality or any private person in connection with any of the items of cost specified in this subsection related to revenue obligation securities may be included as part of the cost and reimbursed to the State, the agency, regional association, municipality or person out of the proceeds of the securities issued. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Eligible collateral. "Eligible collateral" means an eligible project. [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Eligible project. "Eligible project" means any waste facility or the capital costs of any waste disposal service including, but not limited to, real property, personal property, machinery and equipment and related expenses. [PL 1989, c. 585, Pt. A, §7 (NEW).]

5. Facility. "Facility" means an eligible project or eligible collateral. [PL 1989, c. 585, Pt. A, §7 (NEW).]

6. Financial document. "Financial document" means a lease, installment sale agreement, conditional sale agreement, note, mortgage, loan agreement or other instrument pertaining to an extension of financial assistance. [PL 1989, c. 585, Pt. A, §7 (NEW).]

7. Financing assistance. "Financing assistance" or "financial assistance" means guarantees, leases, insurance, financing credits, loans or the purchase or discounts thereof, letters of credit, financing assistance payments, grants or other financial aid. [PL 1989, c. 585, Pt. A, §7 (NEW).]

8. Financing institution. "Financing institution" or "financial institution" means any bank, trust company, national banking association, savings bank, savings and loan association, federal savings and loan association, industrial bank, mortgage company, insurance company, credit union, local development corporation or any other institution or entity authorized to do business in this State, or any state or federal agency that customarily provides financing assistance. [PL 1989, c. 585, Pt. A, §7 (NEW).]

9. Lease. "Lease" means a contract providing for the use of a project or portions of a project for a term of years for a designated or determinable rent. A lease may include an installment sale contract. A lease may include other terms as the agency may permit or require. [PL 1989, c. 585, Pt. A, §7 (NEW).]

10. Lessee. "Lessee" means a tenant under a lease and may include an installment purchaser. [PL 1989, c. 585, Pt. A, §7 (NEW).]

11. Loan. "Loan" or "mortgage loan" means an extension of credit made in consideration of a written promise of repayment or any other conditions which may be established by the agency, performance of which may be secured by a mortgage. [PL 1989, c. 585, Pt. A, §7 (NEW).]

12. Maturity date. "Maturity date" means the date on which final payment is due as provided in a note, revenue obligation security or other financial document. [PL 1989, c. 585, Pt. A, §7 (NEW).]

13. Mortgage. "Mortgage" means an agreement granting a lien on, or a security interest in, eligible collateral with certain conditions and includes, but is not limited to, a mortgage of real estate, an assignment of rents, a pledge or a security agreement. [PL 1989, c. 585, Pt. A, §7 (NEW).]

14. Mortgagee. "Mortgagee" means a grantee or obligee under, or a transferee or successor of a grantee or obligee under, a mortgage. [PL 1989, c. 585, Pt. A, §7 (NEW).]

15. Mortgage payments. "Mortgage payments" means payments required by or received on account of a mortgage or any other financial document, including, but not limited to, payments covering interest, installments of principal, taxes, assessments, loan insurance premiums and hazard insurance premiums. [PL 1989, c. 585, Pt. A, §7 (NEW).]

16. Mortgagor. "Mortgagor" means the grantor or party giving rights to eligible collateral pursuant to a mortgage and includes the successors or assigns of a mortgagor. [PL 1989, c. 585, Pt. A, §7 (NEW).]

17. Note. "Note" means an evidence of indebtedness and includes a revenue obligation security. [PL 1989, c. 585, Pt. A, §7 (NEW).]

18. Rent or rental. "Rent or rental" means payments under a lease. [PL 1989, c. 585, Pt. A, §7 (NEW).]

19. Revenue obligation security. "Revenue obligation security" or "security" means a note, bond, interim certificate, debenture or other evidence of indebtedness, payment of which is secured by a pledge of revenues, as provided in this article or by assignment or pledge of other eligible collateral. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 3118 — ME Code / Title 38 / Chapter 33 / Section 3118
38 §3118. Glass-breaking games
Status: in_force

A person, firm, corporation, association or organization may not hold, conduct or operate games of skill, as defined in Title 17, section 1831, subsection 6 , that involve the breaking of glass. A violation of this section is a Class E crime. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 715 — ME Code / Title 38 / Chapter 5 / Section 715
38 §715. --redemption
Status: in_force

Any person entitled to the premises may redeem them within one year after the sale by paying to the purchaser, or the person holding under the purchaser, the sum paid therefor, with interest at the rate of 12%, deducting therefrom any rents and profits received by such purchaser, or person holding under the purchaser; and may have the same process to compel the purchaser to account as the person entitled to the premises might have had against a purchaser of an equity of redemption. [RR 2021, c. 2, Pt. B, §251 (COR).]
38 M.R.S. § 466 — ME Code / Title 38 / Chapter 3 / Section 466
38 §466. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 698, §15 (NEW).]

1. Aquatic life. "Aquatic life" means any plants or animals which live at least part of their life cycle in fresh water. [PL 1985, c. 698, §15 (NEW).]

2. As naturally occurs. "As naturally occurs" means conditions with essentially the same physical, chemical and biological characteristics as found in situations with similar habitats free of measurable effects of human activity. [PL 1985, c. 698, §15 (NEW).]

2-A. Color pollution unit. "Color pollution unit" means that measure of water color derived from comparison with a standard measure prepared according to the specifications of the current edition of "Standard Methods for Examination of Water and Wastewater," adopted by the United States Environmental Protection Agency, or an equivalent measure. [PL 1989, c. 864, §2 (NEW).]

2-B. Combined sewer overflow. "Combined sewer overflow" means a discharge of excess wastewater from a municipal or quasi-municipal sewerage system that conveys both sanitary wastes and storm water in a single pipe system and that is in direct response to a storm event or snowmelt. Combined sewer overflow discharges do not include dry weather discharges that occur as a result of nonstorm events or are caused solely by groundwater infiltration. [PL 1995, c. 284, §2 (NEW).]

2-C. CFU. "CFU" means colony-forming units. [PL 2021, c. 551, §17 (NEW).]

3. Community function. "Community function" means mechanisms of uptake, storage and transfer of life-sustaining materials available to a biological community which determines the efficiency of use and the amount of export of the materials from the community. [PL 1985, c. 698, §15 (NEW).]

4. Community structure. "Community structure" means the organization of a biological community based on numbers of individuals within different taxonomic groups and the proportion each taxonomic group represents of the total community. [PL 1985, c. 698, §15 (NEW).]

5. Direct discharge. "Direct discharge" means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. [PL 1985, c. 698, §15 (NEW).]

6. Domestic pollutants. "Domestic pollutants" means any material, including, without limitation, sanitary wastes, waste water from household activities or waste waters with similar chemical characteristics, which are generated at residential or commercial locations. [PL 1985, c. 698, §15 (NEW).]

7. Estuarine and marine life. "Estuarine and marine life" means any plants or animals which live at least part of their life cycle in salt water. [PL 1985, c. 698, §15 (NEW).]

8. Indigenous. "Indigenous" means supported in a reach of water or known to have been supported according to historical records compiled by State and Federal agencies or published scientific literature. [PL 1985, c. 698, §15 (NEW).]

8-A. Invasive species. "Invasive species" means an invasive animal as determined by the Department of Inland Fisheries and Wildlife or an invasive aquatic plant as listed under section 410‑N or as determined by the department. A species may be determined to be invasive for all waters or for specific waters. [PL 2005, c. 182, §7 (NEW).]

8-B. MPN. "MPN" means most probable number. [PL 2021, c. 551, §18 (NEW).]

9. Natural. "Natural" means living in, or as if in, a state of nature not measurably affected by human activity. [PL 1985, c. 698, §15 (NEW).]

9-A. Overboard discharge. "Overboard discharge" means discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities. [PL 1987, c. 180, §6 (NEW).]

9-B. Quasi-municipal. "Quasi-municipal" means any form of ownership and management by a governmental unit embracing a portion of a municipality, a single municipality or several municipalities which is created by law to deliver public waste water treatment services, but which is not a state governmental unit. [PL 1987, c. 419, §11 (AMD).]

9-C. Pounds per ton as unit of measure. "Pounds per ton" means the unit for measurement of color in the discharge from the production of wood pulp. The numerator of this unit is the product of the number of color pollution units multiplied by 8.34 multiplied by the volume of effluent discharged measured in millions of gallons. The denominator of this unit is measured in tons of actual production of unbleached wood pulp as measured on an air dried basis. [PL 1989, c. 864, §2 (NEW).]

10. Resident biological community. "Resident biological community" means aquatic life expected to exist in a habitat which is free from the influence of the discharge of any pollutant. This shall be established by accepted biomonitoring techniques. [PL 1985, c. 698, §15 (NEW).]

10-A. Sustenance fishing designated use. "Sustenance fishing designated use" is a subcategory of the applicable fishing designated use that protects human consumption of fish for nutritional and cultural purposes and applies only to those water body segments that are identified in this article as subject to a sustenance fishing designated use. [PL 2019, c. 463, §4 (NEW).]

11. Unimpaired. "Unimpaired" means without a diminished capacity to support aquatic life. [PL 1985, c. 698, §15 (NEW).]

11-A. Use attainability analysis. "Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of a designated use in a water body. The assessment may include consideration of physical, chemical, biological and economic factors. [PL 1993, c. 344, §3 (NEW).]

12. Without detrimental changes in the resident biological community. "Without detrimental changes in the resident biological community" means no significant loss of species or excessive dominance by any species or group of species attributable to human activity. [PL 1985, c. 698, §15 (NEW).]
38 M.R.S. § 710 — ME Code / Title 38 / Chapter 5 / Section 710
38 §710. Verdict or report bars future action
Status: in_force

The verdict of the jury or the report of the commissioners so accepted is a bar to any action brought for such damages. The owner or occupant shall not flow the lands nor divert the water during any portion of the period when prohibited, nor divert the water beyond the quantity allowed by the commissioners or jury.
38 M.R.S. § 341-C — ME Code / Title 38 / Chapter 2 / Section 341-C
38 §341-C. Board membership
Status: in_force

Membership of the Board of Environmental Protection is governed by this section. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

1. Appointments. The board consists of 7 members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the Legislature. [PL 2011, c. 304, Pt. H, §2 (AMD).]

2. Qualifications and requirements. Members of the board must be chosen to represent the broadest possible public interest and experience that can be brought to bear on the administration and implementation of this Title and all other laws the board is charged with administering. At least 3 members must have technical or scientific backgrounds in environmental issues and no more than 4 members may be residents of the same congressional district. The boundaries of the congressional districts are defined in Title 21‑A, chapter 15 . A county commissioner, county employee, municipal official or municipal employee is not considered to hold an incompatible office for purposes of simultaneous service on the board. If a county or municipality is a participant in an adjudicatory proceeding before the board, a commissioner, official or employee from that county or municipality may not participate in that proceeding. [PL 2019, c. 180, §1 (AMD).]

3. Terms; vacancies. The members must be appointed for staggered 4-year terms. A member may not serve more than 2 consecutive 4-year terms. A 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 2017, c. 334, §1 (AMD).]

4. Chair. The Governor shall appoint one member to serve as chair. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

5. Expired terms. [PL 2017, c. 334, §2 (RP).]

6. Compensation. Members are entitled to compensation according to the provisions of Title 5, section 12004‑D . [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

7. Conflict of interest. Members are governed by the conflict of interest provisions of Title 5, section 18 . If a member believes that a conflict of interest may require that member's abstention in a proceeding, unless the member in question objects, the question of the conflict of interest must be submitted to a nonbinding advisory vote of the members present, excluding the member in question. [PL 1999, c. 784, §5 (AMD).]

8. Federal standards. In accordance with federal standards, board member participation is limited by this subsection. For the purposes of this subsection, "a significant portion of income" means 10% or more of gross personal income for a calendar year, except that it means 50% or more if the recipient is over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. A. A board member may not participate in the review of or act on an application for a National Pollutant Discharge Elimination System permit or the modification, renewal or appeal of a permit under Section 402 of the Federal Water Pollution Control Act, 33 United States Code, Section 1342 if the board member receives, or during the previous 2 years has received, a significant portion of income directly or indirectly from license or permit holders or applicants for a license or permit under the National Pollutant Discharge Elimination System. Board members whose participation is restricted under this paragraph shall recuse themselves and may not participate in any National Pollutant Discharge Elimination System matter as long as the restriction applies. The recusal must be from all National Pollutant Discharge Elimination System permitting, enforcement, establishment of waste load allocations and total maximum daily loads and establishment and implementation of water quality standards but not other Federal Water Pollution Control Act matters such as water quality certification. The restriction imposed by this paragraph may not be interpreted to be more restrictive than federal law or the regulations of the United States Environmental Protection Agency. [PL 2019, c. 180, §2 (NEW).] B. A board member may not participate in the review of or act on any permitting decision or enforcement order under the federal Clean Air Act, 42 United States Code, Section 7401, et seq. if the board member receives or derives a significant portion of that board member's income from persons subject to permits or enforcement orders under the federal Clean Air Act. Board members whose participation is restricted under this paragraph shall recuse themselves from all permitting and enforcement matters under the federal Clean Air Act. The restriction imposed by this paragraph may not be interpreted to be more restrictive than federal law or the regulations of the United States Environmental Protection Agency. [PL 2019, c. 180, §2 (NEW).] [PL 2019, c. 180, §2 (RPR).]
38 M.R.S. § 491 — ME Code / Title 38 / Chapter 3 / Section 491
38 §491. Applicability of provisions -- Article I
Status: in_force

It is agreed between the signatory states that this compact shall apply to streams, ponds and lakes which are contiguous to 2 or more signatory states or which flow through 2 or more signatory states or which have a tributary contiguous to 2 or more signatory states or flowing through 2 or more signatory states, and shall apply to tidal waters ebbing and flowing past the boundaries of 2 states.
38 M.R.S. § 3115 — ME Code / Title 38 / Chapter 33 / Section 3115
38 §3115. Department administration
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

The department shall administer this chapter and has the authority, following public hearing, to adopt necessary rules to carry it into effect. The department may adopt rules governing redemption centers that receive beverage containers from dealers supplied by distributors other than the distributors servicing the area in which the redemption center is located in order to prevent the distributors servicing the area within which the redemption center is located from being unfairly penalized. Rules adopted by the department pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A , except that rules adopted by the department pursuant to this chapter that establish or modify fees are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . In addition to other actions required by this chapter, department responsibilities include the following. [PL 2019, c. 526, §11 (AMD).]

1. (TEXT EFFECTIVE UNTIL 7/15/26) (TEXT REPEALED 7/15/26) Registry of labels. The department shall establish and maintain a registry of beverage container labels. The registry must contain the information for each beverage type and beverage container filed under section 3105, subsection 5 arranged and displayed in an organized and comprehensible manner. The department shall update the registry regularly and make information from the registry available upon request. This subsection is repealed July 15, 2026. [PL 2025, c. 241, §17 (AMD).]

2. Provision of information. The department shall provide information about the operation of this chapter to any affected person whose premises it inspects or visits as part of its licensing and inspection responsibilities. [PL 2015, c. 166, §14 (NEW).]

3. Report. On or before February 15, 2024, and annually thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters on the status of the beverage container redemption program implemented under this chapter. A. The report must include any recommendations, including draft legislation as necessary, for amendments to this chapter necessary for its administration or to better fulfill the purpose described under section 3101 , including, but not limited to, identification of additional department staffing or resource needs to support the administration of this chapter. [PL 2023, c. 482, §39 (NEW).] B. For the report required by this subsection that is due February 15, 2026, and for each subsequent report, the department shall, at a minimum, include: (1) Any recommendations for necessary adjustments to the amount of the handling fee under section 3106, subsection 7 ; and (2) Information regarding the status of the Cost and Carbon Efficient Technology Fund under section 3114‑A , including, but not limited to, information regarding the number and amount of grants issued under that fund, information on the recipients of those grants and the technology that those grants were used to support. [PL 2023, c. 529, §6 (AMD).] C. In addition to the requirements of paragraph B , for the report required by this subsection that is due February 15, 2027, and for each subsequent report, the department shall, at a minimum, include information annually reported by the cooperative pursuant to section 3107, subsection 3‑B, paragraph E , including, but not limited to, information regarding the rates of redemption for beverage containers and the calculated overall statewide redemption rate. [PL 2023, c. 482, §39 (NEW).] D. After reviewing the report, the committee may report out legislation relating to the report. The report under this subsection may be included in the report required pursuant to section 1772, subsection 1 . [PL 2023, c. 482, §39 (NEW).] [PL 2023, c. 529, §6 (AMD).]
38 M.R.S. § 9 — ME Code / Title 38 / Chapter 1 / Section 9
38 §9. Abandonment of watercraft
Status: in_force

No person may bring into or maintain in the harbor any derelict watercraft, watercraft for salvage, or abandon any watercraft in the harbor without a permit from the harbor master or, if there is no harbor master, the appropriate municipal official. Whoever does so without permit is guilty of a Class E crime. Watercraft which are to be salvaged by firms licensed by the State to do salvage work shall be excluded from this section. The municipal board or commission entrusted with harbor management shall be the sole determiner as to what constitutes a watercraft that is derelict and what constitutes a watercraft that is abandoned. [PL 1987, c. 412, §§ 7, 8 (NEW).]
38 M.R.S. § 1752 — ME Code / Title 38 / Chapter 17 / Section 1752
38 §1752. Charges
Status: in_force

All persons, firms and corporations, whether public, private or municipal, shall pay to the treasurer of any district formed under this chapter the rates, tolls, assessments, rents, tipping fees, transportation charges and other charges established by the directors for services provided by the district. In this subchapter, the words "other charges" shall include, but not be limited to, interest on delinquent accounts at a rate not to exceed the highest lawful rate set by the Treasurer of State for municipal taxes. The district may submit periodic bills directly to individual users or to member municipalities, as determined by the directors. [PL 1983, c. 820, §2 (NEW).]

A district may establish schedules of charges by any method determined by the directors. [PL 1983, c. 820, §2 (NEW).]

The rates, tolls, assessments, rents, tipping fees and transportation charges and other charges shall be so established as to provide revenue at least sufficient, together with any other moneys available therefor, to: [PL 1983, c. 820, §2 (NEW).]

1. Current operating expenses. Pay the current expenses of operating and maintaining the waste facilities of the district; [PL 1983, c. 820, §2 (NEW).]

2. Payment of interest and principal. Pay the principal, premium and interest on all bonds and notes issued by the district under this chapter when due and payable; [PL 1983, c. 820, §2 (NEW).]

3. Payments into reserve funds. Create and maintain such reserves as may be required by any trust agreement or resolution securing bonds and notes; [PL 1983, c. 820, §2 (NEW).]

4. Repairs, replacements and renewals. Provide funds for paying the cost of all necessary repairs, replacements and renewals of the waste facilities of the district; and [PL 1983, c. 820, §2 (NEW).]

5. Payment of obligations. Pay or provide for any and all amounts which the district may be obligated to pay or provide for by law or contract, including any resolution or contract with or for the benefit of the holders of its bonds and notes. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 841 — ME Code / Title 38 / Chapter 5 / Section 841
38 §841. Maintenance of dams
Status: in_force

1. Prohibition. After issuance of an order under section 840, subsection 5 , establishing a water level regime for any body of water, no owner, lessee or person in control of any dam impounding the body of water, nor any subsequent transferee, may operate or maintain the dam or cause or permit the dam to be operated or maintained in any manner that will cause the level of water to be higher or lower than that permitted by order of the board or commissioner or to otherwise violate the terms of the order of the board or commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]

2. Exception. An owner, lessee or person in control of a dam may not be in violation of subsection 1 when the water level fluctuation not permitted by the order was caused by unforeseeable and unpredictable meteorological conditions or operating failures of the dam or any associated equipment or by valid order of federal, state or local authorities, including an order issued pursuant to Title 37‑B, section 1114, subsection 2 , and when the person could not have avoided the fluctuation by promptly undertaking all reasonably available steps to regulate water flow through or over any dam under the person's control. The burden of proof is on the owner, lessee or person in control of the dam to demonstrate the applicability of this subsection. [PL 2001, c. 460, §5 (AMD).]

3. Enforcement. The commissioner or any littoral or riparian proprietor may commence an action to enjoin the violation of any provision of this subarticle. The commissioner may enforce any order issued under section 840, subsection 5 or subsection 6 by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order. The violation of any order issued under section 840, subsection 5 or subsection 6 , is punishable by a forfeiture of not less than $100 and not more than $10,000. Each day of violation is considered a separate offense. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]

4. Unregistered dam. [PL 1993, c. 370, §11 (RP).]

5. Appeal. Any person aggrieved by an order of the board or commissioner under section 840, subsection 5 or 6 may appeal to the Superior Court under Title 5, chapter 375, subchapter VII . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §202 (AMD).]
38 M.R.S. § 1682 — ME Code / Title 38 / Chapter 16-C / Section 1682
38 §1682. Restriction on sale
Status: in_force

The following restrictions apply to the sale of arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. [PL 2003, c. 457, §2 (NEW).]

1. Purchase of arsenic-treated wood by retail business. Retail businesses that sell wood for residential use may not purchase arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. [PL 2003, c. 457, §2 (NEW).]

2. Sale of arsenic-treated wood. Beginning April 1, 2004, a person may not sell or offer for sale arsenic-treated wood or wood products for residential uses that are not included as permitted uses in a notice of cancellation order issued by the United States Environmental Protection Agency as published in the Federal Register on April 9, 2003. This prohibition does not apply to structures already built containing arsenic-treated wood that are included as part of a residential real estate transaction. [PL 2003, c. 457, §2 (NEW).]
38 M.R.S. § 2232 — ME Code / Title 38 / Chapter 24 / Section 2232
38 §2232. Reporting
Status: in_force

An incineration facility shall submit an annual report to the department no later than 90 days after the end of the incineration facility's fiscal year. For reasonable cause shown and upon written application by an incineration facility, the department may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The department may prescribe the form of the annual report and the number of copies that must be submitted. The report must include the following information: [PL 2011, c. 655, Pt. GG, §65 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Waste. The total weight in tons of all solid waste received by the incineration facility in the last completed fiscal year and each month of that year and a breakdown of these totals according to the waste sources; [PL 1991, c. 676, §1 (NEW).]

2. Tipping fee. A schedule of various tipping fees imposed by the incineration facility on the incineration facility's municipal and commercial customers over the last completed fiscal year including an identification of all changes in those fees and a similar schedule of fees to be imposed on municipal and commercial customers for the next fiscal year. The tipping fees for commercial customers must be set out separately by each rate charged to each category of commercial customer; [PL 1991, c. 676, §1 (NEW).]

3. Revenue. The total revenue of the incineration facility from all sources for the last completed fiscal year and each month of that year. Revenue figures must identify revenues from each revenue source, including, but not limited to, tipping fees and any revenue from sales of electricity to transmission and distribution utilities; [PL 1999, c. 657, §27 (AMD).]

4. Expenditures. The total expenditures of the incineration facility during the last completed fiscal year including details of those expenditures as required by the department; and [PL 2011, c. 655, Pt. GG, §66 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Other information. Any other information required by the department. [PL 2011, c. 655, Pt. GG, §66 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 489-B — ME Code / Title 38 / Chapter 3 / Section 489-B
38 §489-B. Uranium and thorium mining
Status: in_force

Mining for uranium or thorium is prohibited within the State. [PL 1989, c. 874, §7 (NEW).]
38 M.R.S. § 546 — ME Code / Title 38 / Chapter 3 / Section 546
38 §546. Regulatory powers of department
Status: in_force

1. Procedure for adopting rules and regulations. [PL 1977, c. 300, §36 (RP).]

2. Emergency rules and regulations without hearing. [PL 1977, c. 300, §36 (RP).]

3. Enforcement of rules and regulations. [PL 1977, c. 300, §36 (RP).]

4. Extent of regulatory powers. The department shall adopt rules including but not limited to rules governing the following matters: A. Operating and inspection requirements for facilities, vessels, personnel and other matters relating to licensee operations under this subchapter, including annual inspections of oil terminal facilities; [PL 1991, c. 454, §2 (AMD).] B. Procedures and methods of reporting discharges and other occurrences prohibited by this subchapter; [PL 1989, c. 546, §9 (AMD).] C. Procedures, methods, means and equipment to be used by persons subject to regulation by this subchapter; [PL 2019, c. 678, §5 (AMD); PL 2019, c. 678, §7 (AFF).] D. Procedures, methods, means and equipment to be used in the removal of oil and petroleum pollutants; [PL 1989, c. 546, §9 (AMD).] E. Development and implementation of criteria and plans to meet oil and petroleum pollution occurrences of various degrees and kinds, including the state marine oil spill contingency plan required under section 546‑A . Those plans must include provision for annual drills, sometimes unannounced, to determine the adequacy of response plans and the preparedness of the response teams; [PL 1991, c. 454, §3 (AMD).] E-1. Standards for establishing liability insurance for liabilities under section 552 ; [PL 2019, c. 678, §5 (NEW); PL 2019, c. 678, §7 (AFF).] E-2. Development and implementation of criteria and plans for cleaning and securing a facility that is out of service but not subject to facility closure requirements under section 552‑B ; [PL 2019, c. 678, §5 (NEW); PL 2019, c. 678, §7 (AFF).] E-3. Development and implementation of criteria and plans for facility closure required under section 552‑B , including standards, procedures and reporting requirements for removal of tanks and related appurtenances and remediation of the facility site; [PL 2019, c. 678, §5 (NEW); PL 2019, c. 678, §7 (AFF).] E-4. Standards for establishing financial ability adequate to guarantee the performance of licensee obligations under section 552‑B ; [PL 2019, c. 678, §5 (NEW); PL 2019, c. 678, §7 (AFF).] F. The establishment from time to time of control districts comprising sections of the Maine coast and the establishment of rules to meet the particular requirements of each such district; [PL 2019, c. 678, §5 (AMD); PL 2019, c. 678, §7 (AFF).] G. Requirements for the safety and operation of vessels, barges, tugs, motor vehicles, motorized equipment and other equipment relating to the use and operation of terminals, facilities and refineries and the approach and departure from terminals, facilities and refineries; [PL 1989, c. 546, §9 (AMD).] H. Such other rules as the exigencies of any condition may require or such as may reasonably be necessary to carry out the intent of this subchapter; and [PL 2019, c. 678, §5 (AMD); PL 2019, c. 678, §7 (AFF).] I. [PL 1985, c. 496, Pt. A, §10 (RP).] J. [PL 1985, c. 496, Pt. A, §10 (RP).] K. Operation and inspection requirements for interstate and intrastate oil pipelines excluding natural gas and artificial gas pipelines. [PL 1989, c. 546, §9 (NEW).] [PL 2019, c. 678, §5 (AMD); PL 2019, c. 678, §7 (AFF).]

5. Facility response plans. Every facility subject to licensing under this section shall file with the department a copy of any oil discharge response plan submitted to the President of the United States under the federal Oil Pollution Act of 1990, Public Law 101-380, Section 4202, 104 Stat. 484, or a statement that a plan is not required under federal law. [PL 1991, c. 454, §4 (NEW).]

6. Vessel response plans. Every tank vessel, as defined under 46 United States Code, Section 2101, entering state waters shall have available for inspection by the commissioner or an agent of the commissioner a copy of any oil discharge response plan required to be submitted to the President of the United States under the federal Oil Pollution Act of 1990, Public Law 101-380, Section 4202, 104 Stat. 484. [PL 2021, c. 293, Pt. B, §12 (AMD).]
38 M.R.S. § 971 — ME Code / Title 38 / Chapter 7 / Section 971
38 §971. Conversion
Status: in_force

A person who takes, carries away or otherwise converts to that person's own use, without the consent of the owner, any log suitable to be sawed or cut into the boards, clapboards, shingles, joists or other lumber, or any mast or spar the property of another, whether the owner is known or unknown, lying in any river, pond, bay, stream or inlet, or on or near the bank or shore thereof, or cuts out, alters or destroys any mark made thereon, without the consent of the owner and with intent to claim the same, forfeits for every such log, mast or spar, $20, to be recovered on complaint; 1/2 for the State and 1/2 for the complainant. [RR 2021, c. 2, Pt. B, §261 (COR).]
38 M.R.S. § 352 — ME Code / Title 38 / Chapter 2 / Section 352
38 §352. Fees
Status: in_force

1. Fees established. The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications. For the purposes of this subchapter, costs may include, but are not limited to, personnel costs, travel, supplies, legal and computer services. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §10 (AMD).]

2. Fee categories. Fees shall be assessed for the following. A. Except for those fees assessed under sections 353‑A and 353‑B , processing fees must be assessed for costs incurred in determining the acceptability of an application for processing and in processing an application to determine whether it meets statutory and regulatory criteria. [PL 1997, c. 794, Pt. B, §1 (AMD).] B. [PL 1987, c. 419, §5 (RP).] C. Except for those fees assessed under sections 353‑A and 353‑B , licensing fees must be assessed for direct costs incurred in monitoring, inspecting and sampling to ensure proper compliance by a licensee. [PL 1997, c. 794, Pt. B, §2 (AMD).] D. Certification fees shall be assessed for direct costs incurred in issuing a certification. [PL 1985, c. 746, §13 (NEW).] E. The air emission license fees assessed under section 353‑A for those facilities licensed under section 590 must be assessed to support activities for air quality control including licensing, compliance, enforcement, monitoring, data acquisition and administration. [PL 2013, c. 300, §9 (AMD).] F. Waste discharge license fees assessed under section 353‑B for facilities licensed under Title 36, section 656 and sections 362‑A , 413 , 418 , 451 and 1101 must be used to support activities for water quality control operations, including licensing, compliance evaluation, monitoring, data acquisition, data management and administration. [PL 1997, c. 794, Pt. B, §3 (AMD).] G. The total amount of fees due for acceptance of a license, notice, registration and certification administered by the department under this Title must be doubled at the time an application is submitted if it is received after the date on which submission is required by law. This increase may be reduced at the commissioner's discretion with a showing of mitigating circumstances. [PL 2007, c. 292, §15 (AMD).] [PL 2013, c. 300, §9 (AMD).]

2-A. Fee adjustment. The commissioner may adjust the fees established in this subchapter on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. These adjustments may be compounded and assessed at an interval greater than one year if the commissioner determines that such periodic increases lower administrative costs for the department and continue effective public service. [PL 1999, c. 243, §1 (AMD).]

3. Maximum fee. The commissioner shall set the actual fees and shall publish a schedule of all fees by November 1st of each year. If the commissioner determines that a particular application, by virtue of its size, uniqueness, complexity or other relevant factors, is likely to require significantly more costs than those listed on Table I, the commissioner may designate that application as subject to special fees. Such a designation must be made at, or prior to, the time the application is accepted as complete and may not be based solely on the likelihood of extensive public controversy. The maximum fee for processing an application may not exceed $250,000, except that the maximum fee for processing an application under chapter 3, subchapter 1, article 9 is as provided for in subsection 4‑A . All staff of the department, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry and the Department of Marine Resources who have worked on the review of the application, including, but not limited to, preapplication consultations, shall submit quarterly reports to the commissioner detailing the time spent on the application and all expenses attributable to the application, including the costs of any appeals filed by the applicant and, after taking into consideration the interest of fairness and equity, any other appeals if the commissioner finds it in the public interest to do so. Any appeal filed by the applicant of an application fee must be to the agency of jurisdiction of the application. The costs associated with assistance to the board on an appeal before the board may be separately charged. The processing fee for that application must be the actual cost to the department, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry and the Department of Marine Resources. The processing fee must be distributed to each department that incurs a cost to be deposited in the account in which the expenses were incurred in that department to reimburse the actual cost to that department. The applicant must be billed quarterly and all fees paid prior to receipt of the permit. At the time of the quarterly billing by the department, the commissioner shall review the ongoing work of the department to identify, prevent and mitigate undue delays or vague requirements of the application processing. Nothing in this section limits the commissioner's authority to enter into an agreement with an applicant for payment of costs in excess of the maximum fee established in this subsection. [PL 2011, c. 653, §10 (AMD); PL 2011, c. 653, §33 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

4. Accounting system. [PL 1991, c. 499, §11 (RP).]

4-A. Fees for metallic mineral mining. Metallic mineral mining permit applications under chapter 3, subchapter 1, article 9 are subject to the following fees. Fees under this subsection must be deposited in the Metallic Mining Fund, Other Special Revenue Funds subaccount. A. The initial processing fee is $500,000. [PL 2011, c. 653, §11 (RPR); PL 2011, c. 653, §33 (AFF).] B. Preapplication and processing fees are special fees subject to subsection 3 . The maximum fee for processing an application must be discussed by the department and the applicant during preapplication meetings. If the applicant does not agree to the maximum fee as determined by the commissioner, the refund provisions of paragraph F apply. [PL 2011, c. 653, §11 (RPR); PL 2011, c. 653, §33 (AFF).] C. The costs associated with the department's preparation for and attendance at any application proceeding held by the board, including the costs associated with assistance to the board, must be paid by the applicant. [PL 2011, c. 653, §11 (RPR); PL 2011, c. 653, §33 (AFF).] D. The costs associated with the department's assistance to the board on an appeal by the applicant before the board must be paid by the applicant and may be separately charged to the applicant by the department. The costs associated with the department's assistance to the board on an appeal by a person other than the applicant before the board may not be charged to the applicant. [PL 2011, c. 653, §11 (NEW); PL 2011, c. 653, §33 (AFF).] E. The annual license fee must be at least $20,000 and may not exceed $50,000 and must be set by the department prior to the issuance of the permit. [PL 2011, c. 653, §11 (NEW); PL 2011, c. 653, §33 (AFF).] F. If at any time the application is withdrawn by the applicant, the department shall calculate the portion of the processing fee that was expended or committed by the department or the department's agents or contractors for processing the application prior to the withdrawal and the remainder of the processing fee not expended or committed must be refunded to the applicant. [PL 2011, c. 653, §11 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §11 (RPR); PL 2011, c. 653, §33 (AFF).]

5. Maximum fees after 1991. [PL 1991, c. 824, Pt. A, §82 (RP).]

5-A. Accounting system. In order to determine the extent to which the functions set out in this section are necessary for the licensing process or are being performed in an efficient and expeditious manner, the commissioner shall require that all employees of the department involved in any aspect of these functions keep accurate and regular daily time records. These records must describe the matters worked on, services performed and the amount of time devoted to those matters and services, as well as amounts of money expended in performing those functions. Records must be kept for a sufficient duration of time as determined by the commissioner to establish to the commissioner's satisfaction that the fees are appropriate. TABLE I MAXIMUM FEES IN DOLLARS TITLE 36 SECTION PROCESSING FEE CERTIFICATION FEE 656, sub‑§1, ¶E , Pollution Control Facilities A. Water pollution control facilities with capacities at least 4,000 gallons of waste per day and §1760, sub‑§29 , water pollution control facilities $250 $20 B. Air pollution control and §1760, sub‑§30 , air pollution control facilities 250 20 TITLE 38 SECTION PROCESSING FEE LICENSE FEE 344, sub‑§7 , Permit by rule $250 $0 413 , Waste discharge licenses See section 353‑B 420‑D , Storm water management A. If structural means of storm water control are used $400 for the first acre of disturbed area, plus $200 for each additional whole acre of disturbed area $100 for the first acre of disturbed area, plus $50 for each additional whole acre of disturbed area B. If solely vegetative means of storm water control are used $200 for the first acre of disturbed area, plus $100 for each additional whole acre of disturbed area $50 for the first acre of disturbed area, plus $25 for each additional whole acre of disturbed area C. When a permit by rule is required $55 none If a project described in paragraph A or B is reviewed and approved by a professional engineer at a soil and water conservation district office that has a memorandum of understanding with the department concerning review of projects pursuant to this section, the total applicable fee is reduced to a processing fee of $100 for the first acre of disturbed area, plus a license fee of $50 for each additional whole acre of disturbed area. 480‑E , Natural resources protection A. Any alteration of a protected natural resource, except coastal wetlands and coastal sand dunes, causing less than 20,000 square feet of alteration of the resource 140 50 B. Any alteration of a coastal wetland causing less than 20,000 square feet of alteration of the resource 240 60 C. Any alteration of a protected natural resource, except coastal sand dunes, causing 20,000 square feet or more of alteration of the resource .015/sq. ft. alteration .005/sq. ft. alteration C-1. Significant groundwater well 4,577 1,961 C-2. Activity within a community public water supply primary protection area 183 64 D. Any alteration of a coastal sand dune 3,500 1,500 E. Condition compliance 84 0 F. Minor modification 184 0 485‑A , Site location of development A. Residential subdivisions 1. Affordable housing 50/lot 50/lot 2. On public water and sewers 175/lot 175/lot 3. All Other 250/lot 250/lot B. Industrial parks 460/lot 460/lot C. Mining 1,500 1,000 D. Structures 4,000 2,000 E. Other 1,000 1,000 543 , Oily waste discharge 40 160 560 , Vessels at anchorage 125 100 587 , Ambient air quality or emissions standards variances 5,050 50 590 , Air emissions licenses See section 353‑A 633, Hydropower projects A. New or expanded generating capacity 450/MW 50/MW B. Maintenance and repair or other structural alterations not involving an increase in generating capacity 150 150 33 United States Code, Chapter 26, Water Quality Certifications, in conjunction with applications for hydropower project licensing or relicensing A. Initial consultation 1,000 0 B. Second consultation 1,000 0 C. Application 1. Storage 1,000 0 2. Generating 300/MW 50/MW 1304 , Waste management A. Septage disposal 1. Site designation 50 25 B. Land application of sludges and residuals program approval 1. Industrial sludge 400 400 2. Municipal sludge 300 275 3. Bioash 300 275 4. Wood ash 300 75 5. Food waste 300 75 6. Other residuals 300 175 C. Landfill 1. Closing plans for secure landfills 1,500 1,500 2. Closing plans for attenuation landfills 500 500 3. Post-closure report 175 175 4. Preliminary information reports 175 175 5. License transfers 500 175 6. Special waste disposal a. One-time disposal of quantities of 6 cubic yards or less 50 50 b. One-time disposal of quantities greater than 6 cubic yards 100 100 c. Program approval for routine disposal of a special waste 300 300 7. Minor revision for secure landfills 600 100 8. Minor revision for attenuation landfills 100 100 9. Public benefit determination 175 175 D. Incineration facility 2. License transfer 175 175 E. License transfer other than for landfills and incinerators 100 100 F. Minor revision for septage facilities and solid waste facilities other than landfills 100 100 G. Permit by rule for one-time activities 100 100 TABLE II WASTE MANAGEMENT FEES - ANNUAL LICENSE MAXIMUM FEES IN DOLLARS TITLE 38 SECTION PROCESSING FEE ANNUAL LICENSE FEE 1278 , Asbestos abatement A. Asbestos abatement contractor $0 $650 B. Asbestos abatement worker 0 50 C. Asbestos consultant 0 650 D. Asbestos analytical laboratory 0 400 E. Training provider 0 500 F. Other categories of asbestos professionals except asbestos abatement workers 0 100 G. Notification 1. Project size greater than 100 square feet or 100 linear feet and less than 500 square feet or 2,500 linear feet 100 0 2. Project size 500 square feet or 2,500 linear feet, or greater, and less than 1,000 square feet or 5,000 linear feet 150 0 3. Project size 1,000 square feet or 5,000 linear feet, or greater 300 0 1304 , Waste management A. Septage disposal 1. Landspreading $550 $250 2. Storage 50 75 B. Residuals compost facility 1. Type I 150 150 3. Type II and Type III less than 3,500 cubic yards 700 500 5. Type II and Type III 3,500 cubic yards or greater 1,400 850 C. Land application of sludges and residuals 1. Sites with program approval a. Industrial sludge 150 250 b. Municipal sludge 75 200 c. Bioash 75 200 d. Wood ash 50 125 e. Food waste 50 125 f. Other residuals 50 125 2. Sites without program approval a. Industrial sludge 300 550 b. Municipal sludge 150 250 c. Bioash 150 250 d. Wood ash 75 200 e. Food waste 75 200 f. Other 75 200 1310‑N , Solid waste facility siting A. Landfill 1. Existing, nonsecure municipal solid waste landfills accepting waste from fewer than 15,000 people 3,500 1,000 2. Existing, nonsecure municipal solid waste landfills accepting waste from more than 15,000 people 3,500 3,500 3. New or expanded for secure landfill 5,000 8,500 5. Nonsecure wood waste or demolition debris landfills, or both, if less than or equal to 6 acres 700 750 B. Incineration facilities 1. New or expanded for the acceptance of municipal or special wastes, or both 3,500 5,000 2. Municipally owned and operated solid waste incinerators with licensed capacity of 10 tons per day or less 3,500 1,000 C. Transfer station and storage facility 750 175 D. Tire storage facility 400 450 F. Processing facility other than municipal solid waste composting 700 700 G. Beneficial use activities other than agronomic utilization 3. Fuel substitution 700 500 4. Beneficial use without risk assessment 700 200 5. Beneficial use with risk assessment 1,400 500 H. Permit by rule for ongoing activities 100 100 [PL 2021, c. 186, §3 (AMD).]

5-B. Accounting system. [PL 1995, c. 462, Pt. A, §73 (RP).]

6. Reporting requirements. [PL 2011, c. 120, §3 (RP).]
38 M.R.S. § 490-BB — ME Code / Title 38 / Chapter 3 / Section 490-BB
38 §490-BB. Enforcement and penalties
Status: in_force

The department shall administer and enforce the provisions of this article. [PL 1995, c. 700, §35 (NEW).]

1. Stop-work order. The department may order the owner or operator of a quarry that is not operating in compliance with this article to cease operations until the noncompliance is corrected. [PL 1995, c. 700, §35 (NEW).]

2. Penalty. A person who violates a provision of this article commits a civil violation and is subject to the penalties established under section 349 . Penalties assessed for enforcement actions taken by the State are payable to the State. [PL 1995, c. 700, §35 (NEW).]

3. Reclamation. If, after an opportunity for a hearing, the commissioner determines that the owner of an excavation site or the person who was engaged in the excavation activity at the excavation site has violated this article, the commissioner shall direct the department staff or contractors under the supervision of the commissioner to enter on the property and carry out the necessary reclamation. The person engaged in mining or any affiliated person who guarantees performance at the excavation site is liable for the reasonable expenses of this necessary reclamation. The commissioner may use the bond or other security paid under section 490‑Z, subsection 13, paragraph F to meet the reasonable expenses of reclamation. [PL 1995, c. 700, §35 (NEW).]
38 M.R.S. § 2151-A — ME Code / Title 38 / Chapter 24 / Section 2151-A
38 §2151-A. Indemnification
Status: in_force

The department shall defend and indemnify any employee of the bureau and any former employee of the former State Planning Office including the director and any member of the former Facility Siting Board against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made party by reason of past or present association with the bureau or former State Planning Office with regard to the powers and duties set forth in this article. [PL 2011, c. 655, Pt. GG, §38 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 100-A — ME Code / Title 38 / Chapter 1 / Section 100-A
38 §100-A. Confidentiality of complaints and investigative records
Status: in_force

1. During investigation. All complaints and investigative records of the commission are confidential during the pendency of an investigation. Those records become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this section, an investigation is concluded when: A. A notice of an adjudicatory hearing under Title 5, chapter 375, subchapter IV has been issued; [PL 1999, c. 355, §22 (NEW).] B. The complaint has been listed on a meeting agenda of the commission; [PL 1999, c. 355, §22 (NEW).] C. A consent agreement has been executed; or [PL 1999, c. 355, §22 (NEW).] D. A letter of dismissal has been issued or the investigation has otherwise been closed. [PL 1999, c. 355, §22 (NEW).] [PL 1999, c. 355, §22 (NEW).]

2. Exceptions. Notwithstanding subsection 1 , during the pendency of an investigation, a complaint or investigative record may be disclosed: A. To department employees designated by the commissioner; [PL 1999, c. 355, §22 (NEW).] B. To designated complaint officers of the commission; [PL 1999, c. 355, §22 (NEW).] C. By a department employee or complaint officer designated by the commissioner when and to the extent considered necessary to facilitate the investigation; [PL 1999, c. 355, §22 (NEW).] D. To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies; [PL 1999, c. 355, §22 (NEW).] E. When and to the extent considered necessary by the commissioner to avoid imminent and serious harm. The authority of the commissioner to make such a disclosure may not be delegated; [PL 1999, c. 355, §22 (NEW).] F. Pursuant to rules adopted by the department, when it is determined that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; and [PL 1999, c. 355, §22 (NEW).] G. To the person investigated on that person's request. The commissioner may refuse to disclose part or all of any investigative information, including the fact of an investigation, when the commissioner determines that disclosure would prejudice the investigation. The authority of the commissioner to make such a determination may not be delegated. [RR 1999, c. 1, §53 (COR).] [RR 1999, c. 1, §53 (COR).]

3. Violation. A person who knowingly or intentionally makes a disclosure in violation of this section commits a civil violation for which a forfeiture not to exceed $1,000 may be adjudged. [PL 1999, c. 355, §22 (NEW).]
38 M.R.S. § 575 — ME Code / Title 38 / Chapter 3-A / Section 575
38 §575. Lead-by-example initiative
Status: in_force

The department shall establish a lead-by-example initiative under which the department shall: [PL 2003, c. 237, §1 (NEW).]

1. Greenhouse gas emissions inventory for state-owned facilities and state-funded programs. Create an inventory of greenhouse gas emissions associated with state-owned facilities and state-funded programs and create a plan for reducing those emissions to below 1990 levels by 2010; [PL 2003, c. 237, §1 (NEW).]

2. Carbon emission reduction. By January 1, 2006, seek to establish carbon emission reduction agreements with at least 50 businesses and nonprofit organizations; [PL 2003, c. 237, §1 (NEW).]

3. New England greenhouse registry. Participate in a regional effort to develop and adopt a greenhouse gas registry that includes 3rd-party verification; and [PL 2003, c. 237, §1 (NEW).]

4. Statewide greenhouse gas emissions inventory. Create an annual statewide greenhouse gas emissions inventory. [PL 2003, c. 237, §1 (NEW).]
38 M.R.S. § 640 — ME Code / Title 38 / Chapter 5 / Section 640
38 §640. Public participation
Status: in_force

Unless otherwise provided in accordance with regulations promulgated by the Federal Energy Regulatory Commission, for all existing hydropower projects located in Maine currently licensed under the Federal Power Act, and for all proposed hydropower projects requiring a license to operate under the Federal Power Act, all state agencies that review, comment on and consult in the proposed studies, plans, terms and conditions in the course of licensing or relicensing these projects, including the Department of Agriculture, Conservation and Forestry, the Governor's Energy Office, the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, shall cooperatively take the following steps to ensure that interested members of the public are informed of, and allowed to participate in, the review and comment process. [PL 2011, c. 655, Pt. MM, §22 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

1. Publication. At the commencement of the consultation, review and comment process, the state agencies involved shall publish notification of this fact, informing the public of the issues anticipated to be involved in the licensing or relicensing process, the timetable for processing of the license and the opportunities the public has to comment on and participate in the process. The notice shall be designed to reach readership both statewide and in the vicinity of the hydropower project, including all persons that have contacted the agencies with an interest in this matter and all potentially interested persons. [PL 1989, c. 453, §2 (NEW).]

2. Written notification of status. During the entire consultation process and including the filing of the license application under the Federal Power Act, the state agencies shall inform in writing all members of the public that have indicated an interest in the particular licensing process of the status of that process, including all requirements that the agencies may be placing upon the license applicant. That information shall be provided no less than once every 4 months. [PL 1989, c. 453, §2 (NEW).]

3. Public comment. State agencies shall provide meaningful opportunities for public comment on the plans, studies, terms and conditions to be recommended by the agencies for inclusion in the license. [PL 1989, c. 453, §2 (NEW).]

4. Release of public information. All information submitted to the agencies by the applicants for a license under the Federal Power Act constitutes a public record pursuant to Title 1, section 402 , unless such information is otherwise exempted from public disclosure by state law. Release of this information to members of the public is governed by Title 1, section 408‑A . [PL 2011, c. 662, §24 (AMD).]
38 M.R.S. § 1310-Z — ME Code / Title 38 / Chapter 13 / Section 1310-Z
38 §1310-Z. Laboratory analyses
Status: in_force

Laboratory analyses required in support of the licensing, operation, closure or postclosure care of a solid waste facility must be performed by a qualified laboratory. Six months after the adoption of laboratory certification rules required by Title 22, section 567 , all laboratories must be certified or exempted from certification pursuant to those rules. [PL 1993, c. 378, §9 (NEW).]
38 M.R.S. § 1693 — ME Code / Title 38 / Chapter 16-D / Section 1693
38 §1693. Identification of chemicals of concern
Status: in_force

1. Criteria. By January 1, 2010, the department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall publish a list of chemicals of high concern, referred to after September 1, 2011 as "the list of chemicals of concern." A chemical may be included on the list only if it has been identified by an authoritative governmental entity on the basis of credible scientific evidence as being: A. A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor; [PL 2011, c. 319, §3 (RPR).] B. Persistent, bioaccumulative and toxic; or [PL 2011, c. 319, §3 (RPR).] C. Very persistent and very bioaccumulative. [PL 2011, c. 319, §3 (RPR).] [PL 2011, c. 319, §3 (RPR).]

2. Revisions. By January 1, 2012, the department, with input from interested persons and with the concurrence of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall remove any chemical from the list published pursuant to subsection 1 that it finds is: A. Used solely in an item that is not a consumer product, including, but not limited to, a food or beverage, drug or biologic, paper or forest product or pesticide; or [PL 2011, c. 319, §3 (NEW).] B. Used solely in a consumer product that is exempt from the requirements of this chapter pursuant to section 1697 . [PL 2011, c. 319, §3 (NEW).] The department may periodically review and revise the list published pursuant to subsection 1 . The department may add chemicals to the list if, in the judgment of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, the chemical meets one or more of the criteria in subsection 1 . [PL 2011, c. 319, §3 (RPR).]

3. Removal by petition. A person may petition the department to remove a chemical from the list published pursuant to subsection 1 . The department, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, may grant a petition if the person demonstrates to the satisfaction of the department that the chemical: A. Does not meet the criteria for listing pursuant to subsection 1 ; or [PL 2011, c. 319, §3 (NEW).] B. Meets the criteria for removal from the list pursuant to subsection 2 . [PL 2011, c. 319, §3 (NEW).] Upon receipt of a petition under this subsection, the department shall notify interested persons and provide an opportunity for review and comment on the evidence submitted by the petitioner. The department shall make a determination within 180 days of receipt of the petition and notify interested persons of the basis for its decision. If the petition is granted, the department shall immediately remove the chemical from the list published pursuant to subsection 1 . [PL 2011, c. 319, §3 (NEW).]
38 M.R.S. § 3304 — ME Code / Title 38 / Chapter 37 / Section 3304
38 §3304. Provisions for continued use of authorized nonwater-dependent floating structures
Status: in_force

1. Eligibility. Notwithstanding any provision of law to the contrary, the owner of a nonwater-dependent floating structure that was in existence as of January 1, 2025 may make application to the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands, referred to in this section as "the bureau," through the submerged lands leasing program established pursuant to Title 12, section 1862 for a nonwater-dependent floating structure lease on the internal waters of the State that authorizes the owner to continue to operate the nonwater-dependent floating structure in accordance with the requirements of this section when the following applies: A. The applicant holds right, title or interest to the shorefront to which the nonwater-dependent floating structure is attached; or [PL 2025, c. 378, §12 (NEW).] B. If the nonwater-dependent floating structure is not attached to the shore, the applicant has right, title or interest to the adjacent upland shorefront and holds an approved mooring from the United States Army Corps of Engineers or the municipality in which the structure is located. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

2. Application requirements. To be eligible for consideration for a lease to authorize continued use under this section, an individual or entity must: A. Submit by January 1, 2026 an application on forms provided by the bureau; [PL 2025, c. 378, §12 (NEW).] B. Provide proof of right, title or interest to the shorefront to which the nonwater-dependent floating structure will be attached or, if the structure is not attached to the shore, proof of right, title or interest to the adjacent upland shorefront and an approved mooring from the United States Army Corps of Engineers or the municipality in which the structure is located; [PL 2025, c. 378, §12 (NEW).] C. Provide the names of abutting property owners; [PL 2025, c. 378, §12 (NEW).] D. Provide the location, intended use, square footage and photo documentation of the existing nonwater-dependent floating structure; and [PL 2025, c. 378, §12 (NEW).] E. Submit an application fee of $500. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

3. Bureau procedures. The bureau may take the following actions with respect to an application under this section. A. The bureau may request additional information from the applicant, government agencies or other parties when necessary to complete its review of an application and make a decision. [PL 2025, c. 378, §12 (NEW).] B. The bureau shall notify interested parties of receipt of a completed application. As determined by the bureau on a case-by-case basis, interested parties may include, but are not limited to, abutting landowners, landowners with overlapping littoral zones, local municipal officials, harbor masters or others engaged in commercial marine activities or who have notified the bureau of their interest in a particular project. Interested parties must be given 30 days to provide the bureau with comments on a completed application. [PL 2025, c. 378, §12 (NEW).] C. If the bureau determines that a letter of no objection is required from one or more littoral abutters, the bureau shall send notice to the abutters and the applicant. [PL 2025, c. 378, §12 (NEW).] D. The bureau or its designee may conduct inspections of the proposed project site in order to assess on-site conditions, the characteristics and uses of adjacent lands, waters and structures and potential impacts on existing trusts. [PL 2025, c. 378, §12 (NEW).] E. After the initial 30-day review period under paragraph B , if the bureau determines that it is appropriate, additional information may be requested from the applicant or other parties or a public informational meeting may be scheduled in order to allow the general public to provide additional information for consideration. [PL 2025, c. 378, §12 (NEW).] F. Once all requested information is received and any public meetings under paragraph E have been concluded, the bureau shall issue preliminary findings. Preliminary findings must be sent to the applicant and all parties who provided comments during the initial review period and other interested parties. [PL 2025, c. 378, §12 (NEW).] G. Within 30 days of the issuance of preliminary findings under paragraph F , any party may petition the bureau director to reconsider such findings by written request. The bureau director may waive the reconsideration period if no comments are received during the initial review period or if the comments that are received are determined to not be related to public trust rights. [PL 2025, c. 378, §12 (NEW).] H. The bureau shall review any petitions for reconsideration under paragraph G and related information and issue its final findings and decision. If the decision is to approve the application, 2 original copies of the lease must be sent to the applicant for signature. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

4. Bureau determination. In making its determination with respect to an application under this section, the bureau shall consider the following: A. Whether the applicant has demonstrated that the applicant has sufficient right, title or interest to the upland property, including intertidal land, adjacent to the littoral zone in which the nonwater-dependent floating structure lease is sought. To demonstrate right, title or interest, an applicant must provide: (1) When the applicant owns the property, a copy of the deed to the property; (2) When the applicant has a lease on the property, a copy of the lease. The lease must be of sufficient duration and terms, as determined by the bureau, to permit reasonable use of the facility; and (3) When the applicant has an option to buy or lease the property, a copy of the option agreement. The option agreement must contain terms considered sufficient by the bureau to establish future title or a leasehold of sufficient duration; [PL 2025, c. 378, §12 (NEW).] B. Whether littoral zones and setback standards delineate the lease area adjacent to the applicant's upland property and establish adequate separation between structures for navigation and access both for the public and riparian owners. Littoral zones do not delineate areas for the exclusive use of the applicant or other riparian owners. Littoral zone boundaries are established by right angle projections from a baseline established along the shoreline at the intersection of the high-water line and the side boundary of each property. The littoral zone sidelines terminate at either the established navigational channel, established anchorage identified as such by the United States Army Corps of Engineers, the midline between opposing shorelines or 1,000 feet, whichever is less. Setback standards are established from other existing structures and an applicant's littoral zone boundary. When littoral zones overlap, structures must be set back 25 feet from an applicant's littoral zone sidelines and must be 50 feet from other existing structures; [PL 2025, c. 378, §12 (NEW).] C. Whether the proposed use of the lease area would unreasonably interfere with customary or traditional public access ways; [PL 2025, c. 378, §12 (NEW).] D. Whether the proposed use of the lease area would unreasonably interfere with the public trust rights of fishing, fowling and navigation; [PL 2025, c. 378, §12 (NEW).] E. Whether there are other commercial marine services or facilities in the proposed lease area; [PL 2025, c. 378, §12 (NEW).] F. Whether the nonwater-dependent floating structure would unreasonably interfere with ingress and egress of riparian owners; [PL 2025, c. 378, §12 (NEW).] G. Whether the nonwater-dependent floating structure would result in significant risk to life or property in the vicinity of the use under conditions of weather and vessel traffic; [PL 2025, c. 378, §12 (NEW).] H. Whether there is evidence in the record that any portion of the proposed lease area has been designated for special protection by an agency authorized to make such designations; [PL 2025, c. 378, §12 (NEW).] I. Whether the use conflicts with those aspects of the coastal policies or the coastal policy guidelines in section 1801 that relate to the criteria considered by the bureau; [PL 2025, c. 378, §12 (NEW).] J. Whether the lease terms require the applicant to obtain all necessary federal, state and local approvals; and [PL 2025, c. 378, §12 (NEW).] K. Whether the applicant has paid the fee required for processing the application. [PL 2025, c. 378, §12 (NEW).] The bureau may consult with other agencies and organizations as appropriate when considering the terms of a submerged lands nonwater-dependent floating structure lease. [PL 2025, c. 378, §12 (NEW).]

5. Bureau approval required. If approved for the issuance of a lease, the owner may continue to operate the nonwater-dependent floating structure in accordance with the requirements of this section and subject to the terms of the lease. [PL 2025, c. 378, §12 (NEW).]

6. Operational standards. A nonwater-dependent floating structure that is authorized to continue operating pursuant to a lease issued in accordance with this section must meet all applicable standards in law or rule or the structure's authorization to continue operation may be revoked through a termination of the lease. A nonwater-dependent floating structure must meet the following criteria. A. The structure must be labeled with the owner's name, telephone number and e-mail address. [PL 2025, c. 378, §12 (NEW).] B. If the structure is located on coastal waters, it must comply with 33 United States Code, Section 1322. [PL 2025, c. 378, §12 (NEW).] C. If the structure is located on inland waters, it must comply with section 423 , have a waterless composting or desiccating toilet, have a holding tank for which tank pumping records must be provided upon request or have landside-only facilities, meaning no toilet, shower or sink on board that discharges. [PL 2025, c. 378, §12 (NEW).] D. The structure is subject to inspection by representatives of the State to ensure compliance with any of the provisions of applicable law or rule. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

7. Limitations. The following limitations apply. A. A lease may not be issued under this section for an area greater than 1,500 square feet. [PL 2025, c. 378, §12 (NEW).] B. Once sited in accordance with a lease issued under this section, a nonwater-dependent floating structure may not be sited in any other location on the internal waters of the State. [PL 2025, c. 378, §12 (NEW).] C. A lease may be issued under this section for a 10-year term, which is renewable. If the nonwater-dependent floating structure is destroyed or has met the end of its useful life prior to the expiration of the lease, the lease authorization under this section expires. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

8. Lease fees. The following lease fees apply with respect to leases issued under this section. A. For a lease for an area that is 500 square feet or less, the annual lease fee is $250. [PL 2025, c. 378, §12 (NEW).] B. For a lease for an area that is greater than 500 square feet and less than or equal to 1,000 square feet, the annual lease fee is $500. [PL 2025, c. 378, §12 (NEW).] C. For a lease for an area that is greater than 1,000 square feet and less than or equal to 1,500 square feet, the annual lease fee is $1,000. [PL 2025, c. 378, §12 (NEW).] [PL 2025, c. 378, §12 (NEW).]

9. Final agency action. Decisions made by the bureau under this section constitute final agency action for the purposes of judicial review under Title 5, chapter 375 . [PL 2025, c. 378, §12 (NEW).]
38 M.R.S. § 404 — ME Code / Title 38 / Chapter 3 / Section 404
38 §404. Ground water rights
Status: in_force

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Beneficial domestic use" means any ground water used for household purposes essential to health and safety, whether provided by individual wells or through public supply systems. [PL 1987, c. 491, §4 (NEW).] B. "Ground water" means all the waters found beneath the surface of the earth. [PL 1987, c. 491, §4 (NEW).] C. "Preexisting use" means any use which was undertaken by a public water supplier, a landowner or lawful land occupant or a predecessor in interest of either of them, at any time during the period of 3 years prior to the commencement of the use which resulted in the interference. [PL 1987, c. 491, §4 (NEW).] [PL 1987, c. 491, §4 (NEW).]

2. Cause of action created. Subject to the limitations of subsection 3 and except as provided by Title 23, section 652 , a person is liable for the withdrawal of ground water, including use of ground water in heat pump systems, when the withdrawal is in excess of beneficial domestic use for a single-family home and when the withdrawal causes interference with the preexisting beneficial domestic use of ground water by a landowner or lawful land occupant. [PL 1987, c. 491, §4 (NEW).]

3. Limitations. The liability imposed under subsection 2 shall be in compensatory damages only, to be recovered in an action brought by the landowner or other lawful land occupant whose ground water use has been interfered with, against the person whose subsequent use has caused the interference. A. The damages shall be limited to the following: (1) All costs necessary to restore the landowner or lawful land occupant to a status which is reasonably equivalent in terms of quantity and quality of ground water, made available on a similarly accessible and economic basis; (2) Compensatory damages for loss or damage to property, including, without limitation, the loss of habitability of residence, caused to the landowner or lawful land occupant by reason of the interference, prior to restoration of the status provided for in subparagraph (1); and (3) Reasonable costs, including expert witness and attorney fees, incurred in initiating and prosecuting an action when necessary to secure a judgment granting the relief provided for under this chapter. [PL 1987, c. 491, §4 (NEW).] B. The rights afforded by this chapter shall be in addition to, and not in derogation of, any other rights, whether arising under statute or common law, which any person may have to seek redress against any other person for ground water interference or contamination. [PL 1987, c. 491, §4 (NEW).] [PL 1987, c. 491, §4 (NEW).]
38 M.R.S. § 1753 — ME Code / Title 38 / Chapter 17 / Section 1753
38 §1753. Collection of unpaid charges
Status: in_force

The treasurer of the district may collect the rates, tolls, assessments, rents, tipping fees, transportation charges and other charges established by the district and those charges must be committed to the treasurer. The treasurer may, after demand for payment, sue in the name of the district in a civil action for any rate, toll, rent, assessment, tipping fee, transportation charge or other charges remaining unpaid in any court of competent jurisdiction. In addition, the treasurer may order the termination of service for nonpayment of any amount owed to the district. [RR 2021, c. 2, Pt. B, §296 (COR).]
38 M.R.S. § 1699-A — ME Code / Title 38 / Chapter 16-D / Section 1699-A
38 §1699-A. Enforcement and implementation
Status: in_force

1. Failure to provide notice. A children's product containing a priority chemical may not be sold, offered for sale or distributed for sale in this State if the manufacturer or distributor has failed to provide information required under section 1695 by the date required in that section. The commissioner shall exempt a children's product from this prohibition if, in the commissioner's judgment, the lack of availability of the children's product could pose an unreasonable risk to public health, safety or welfare. [PL 2007, c. 643, §2 (NEW).]

2. Certificate of compliance. If there are grounds to suspect that a children's product is being offered for sale in violation of this chapter, the department may request the manufacturer or distributor of the product to provide a certificate of compliance with the provisions of this chapter. Within 30 days of receipt of a request under this subsection, the manufacturer or distributor shall: A. Provide the department with the certificate attesting that the children's product does not contain the priority chemical; or [PL 2007, c. 643, §2 (NEW).] B. Notify persons who sell the product in this State that the sale of the children's product is prohibited and provide the department with a list of the names and addresses of those notified. [PL 2007, c. 643, §2 (NEW).] [PL 2011, c. 319, §11 (AMD).]
38 M.R.S. § 1234 — ME Code / Title 38 / Chapter 11-A / Section 1234
38 §1234. Powers
Status: in_force

Except as provided in this section, a community sanitary district has the powers, privileges and duties and is subject to the requirements and restrictions of a sanitary district under chapter 11 . [PL 2005, c. 556, §4 (NEW).]

1. Powers. A community sanitary district may, within the district, construct, operate and maintain one or more subsurface wastewater disposal systems in accordance with rules adopted pursuant to Title 22, section 42, subsection 3 and applicable municipal ordinances. A district may contract for necessary and appropriate services, including, but not limited to, pumping and disposal services, and do any or all other things necessary or incidental to accomplish the purposes of the district. [PL 2005, c. 556, §4 (NEW).]

2. Limited purposes. A community sanitary district may exercise powers granted under this chapter only for the limited purpose of providing subsurface wastewater collection, treatment and disposal services to accommodate residential development. A. A community sanitary district may not provide services to nonresidential users. [PL 2005, c. 556, §4 (NEW).] B. The provisions of section 1160 apply only to residential buildings. [PL 2005, c. 556, §4 (NEW).] [PL 2005, c. 556, §4 (NEW).]

3. Certain powers not available. The following provisions relating to sanitary districts do not apply to a district formed under this chapter: A. Section 1103 , relating to transfer of municipal property and assets; [PL 2005, c. 556, §4 (NEW).] B. Section 1151 , relating to certain sanitary district powers; [PL 2005, c. 556, §4 (NEW).] C. Section 1151‑A , relating to certain enforcement powers; [PL 2005, c. 556, §4 (NEW).] D. Sections 1152 , 1152‑A , 1153 and 1154 , relating to powers of eminent domain; and [PL 2005, c. 556, §4 (NEW).] E. Section 1157 , relating to certain contracting powers. [PL 2005, c. 556, §4 (NEW).] [PL 2005, c. 556, §4 (NEW).]
38 M.R.S. § 2324 — ME Code / Title 38 / Chapter 27 / Section 2324
38 §2324. Reporting use of priority toxic chemicals
Status: in_force

Beginning July 1, 2013, a commercial and industrial facility that uses in excess of 1,000 pounds of a priority toxic chemical during any calendar year shall file a report with the department pursuant to this section. The department may establish a different reporting threshold for a particular priority toxic chemical. [PL 2009, c. 579, Pt. A, §3 (NEW).]

1. Calculation of threshold. In making the calculation of the threshold under this section, the facility is not required to include quantities of the priority toxic chemical in a mixture or trade name product at less than 1.0%, unless the chemical is a carcinogen as determined under 29 Code of Federal Regulations, Part 1910, Section 1200(d)(4) (2009). If the chemical is a carcinogen under 29 Code of Federal Regulations, Part 1910, Section 1200(d)(4) (2009), the facility is not required to include quantities of the chemical at less than 0.1%. A. The identity of a priority toxic chemical in a mixture or trade name product must be determined using the specific name of the chemical with a corresponding chemical abstracts service registry number that appears on the material safety data sheet required under 29 Code of Federal Regulations, Part 1910, Section 1200 (2009) referred to in this subsection as "the material safety data sheet." [PL 2009, c. 579, Pt. A, §3 (NEW).] B. To quantify the amount of a priority toxic chemical, a commercial and industrial facility may rely on the material safety data sheet or other information that is in the possession of the facility, unless the facility knows or it is generally known in the industry based on widely disseminated industry information that the material safety data sheet or other information is inaccurate or incomplete, based on existing reliable test data or other reliable published scientific evidence. A facility is not required to test or perform file searches to identify or quantify the amount of a priority toxic chemical in a mixture or trade name product. A facility is not required to evaluate a chemical unless the facility does not rely on the evaluation performed by the preparer of the material safety data sheet. [PL 2009, c. 579, Pt. A, §3 (NEW).] [PL 2009, c. 579, Pt. A, §3 (NEW).]

2. Reports. Reports required under this section must be filed annually by July 1st and must include information for the prior calendar year. The department may not require reports under this section less than 18 months after a priority toxic chemical has been identified pursuant to section 2323 . The department shall prepare a reporting form that requires submission of the following information: A. The amount of a priority toxic chemical used by the facility in its manufacture or production process during the reporting period; [PL 2009, c. 579, Pt. A, §3 (NEW).] B. The increase or decrease in use of a priority toxic chemical by the facility since 2010, unless the facility has set another baseline year subsequent to the year 2005, which baseline year must be specified; [PL 2009, c. 579, Pt. A, §3 (NEW).] C. Beginning with reporting year 2014, the increase or decrease in use of a priority toxic chemical by the facility since the prior reporting period and an explanation for any increase in use of any priority toxic chemical that exceeds 15%; [PL 2009, c. 579, Pt. A, §3 (NEW).] D. A written certification signed by a senior official with management responsibility that the owner or operator of the facility has prepared a pollution prevention plan under section 2325 or has implemented an environmental management system and that the plan or environmental management system is available on site for the department’s inspection in accordance with section 2325 ; and [PL 2009, c. 579, Pt. A, §3 (NEW).] E. A statement that employees have been notified of and involved in the pollution prevention plan or environmental management system under section 2325 . [PL 2009, c. 579, Pt. A, §3 (NEW).] [PL 2009, c. 579, Pt. A, §3 (NEW).]

3. Confidentiality. Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with the provisions in section 1310‑B and, if the information is so designated, the provisions of section 1310‑B apply. [PL 2009, c. 579, Pt. A, §3 (NEW).]