38 M.R.S. § 2144 — ME Code / Title 38 / Chapter 24 / Section 2144
38 §2144. Stewardship program for architectural paint
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Architectural paint" or "paint" means interior and exterior architectural coatings sold in containers of 5 gallons or less and does not mean industrial, original equipment or specialty coatings, arts and crafts paints, 2-component coatings, deck cleaners, industrial maintenance coatings, original equipment manufacturer paints and finishes, paint additives, colorants, tints, resins, roof patch and repair, tar and bitumen-based products, traffic and road marking paints, wood preservatives, ignitable paint thinners or solvents used for cleaning paint-related equipment or contaminated with architectural paint or paint thinners or solvents identified as hazardous waste in 40 Code of Federal Regulations, Section 261.31 that are used for cleaning paint-related equipment or contaminated with architectural paint. [PL 2015, c. 331, §1 (AMD).] A-1. "Collection container" means a container that is designed to store more than one individual container of architectural paint that meets federal Department of Transportation specifications for containing those items. [PL 2015, c. 331, §2 (NEW).] A-2. "Collection site" means an entity that collects post-consumer paint directly from consumers for end-of-life management and may include, but is not limited to, retailers, hardware and home improvement stores, transfer stations and operations that otherwise collect household hazardous waste. A collection site may also accept universal wastes under the rules of the department. [PL 2015, c. 331, §2 (NEW).] A-3. "Conditionally exempt small quantity generator" means a conditionally exempt small quantity generator as defined in 40 Code of Federal Regulations, Section 261.5. [PL 2015, c. 331, §2 (NEW).] B. "Consumer" means a purchaser or user of architectural paint. "Consumer" includes a purchaser or user of architectural paint who also generates post-consumer paint. [PL 2015, c. 331, §3 (AMD).] C. "Distributor" means a business that has a contractual relationship with one or more producers to market and sell architectural paint to retailers in the State. [PL 2013, c. 395, §1 (NEW).] D. "Energy recovery" means recovery in which all or a part of solid waste materials is processed in order to use the heat content or other forms of energy of or from the materials. [PL 2013, c. 395, §1 (NEW).] E. "Environmentally sound management practices" means procedures for the collection, storage, transportation, reuse, recycling and disposal of post-consumer paint to be implemented by a producer or a representative organization to ensure compliance with all applicable federal, state and local laws, regulations, rules and ordinances and protection of human health and the environment. Such procedures must address adequate record keeping, tracking and documenting the fate of materials within the State and beyond and adequate environmental liability coverage for professional services and for the operations of the contractors working on behalf of the producer or the representative organization. [PL 2013, c. 395, §1 (NEW).] F. "Final disposition" means the point beyond which no further processing takes place and paint has been transformed for direct use as a feedstock in producing new products or is disposed of, including for energy recovery, in permitted facilities. [PL 2013, c. 395, §1 (NEW).] G. "Paint stewardship assessment" means the amount added to the purchase price of architectural paint sold in the State necessary to cover the cost of collecting, transporting and processing post-consumer paint statewide under a paint stewardship program. [PL 2013, c. 395, §1 (NEW).] H. "Paint stewardship program" or "program" means a program for management of post-consumer paint to be operated by a producer or a representative organization. [PL 2013, c. 395, §1 (NEW).] I. "Plan" means a plan to establish a paint stewardship program. [PL 2013, c. 395, §1 (NEW).] J. "Population center" means an urbanized area or urban cluster as defined by the United States Department of Commerce, Bureau of the Census to identify areas of high population density and urban land use with a population of 2,500 or greater. [PL 2013, c. 395, §1 (NEW).] K. "Post-consumer paint" means architectural paint not used and no longer wanted by a consumer. [PL 2013, c. 395, §1 (NEW).] K-1. "Post-consumer paint that is a hazardous waste" means post-consumer paint that is a hazardous waste as defined in 40 Code of Federal Regulations, Part 261, Subparts C and D. [PL 2015, c. 331, §4 (NEW).] L. "Producer" means a manufacturer of architectural paint that sells, offers for sale, or distributes that paint in the State under the producer's own name or brand. [PL 2013, c. 395, §1 (NEW).] M. "Recycling" means any process by which discarded products, components and by-products are transformed into new, usable or marketable materials in a manner in which the original products may lose their identity but does not include energy recovery or energy generation by means of combusting discarded products, components and by-products with or without other waste products. [PL 2013, c. 395, §1 (NEW).] N. "Representative organization" means a nonprofit organization created by producers to operate a paint stewardship program. [PL 2013, c. 395, §1 (NEW).] O. "Retailer" means a person that offers architectural paint for sale at retail in the State. [PL 2013, c. 395, §1 (NEW).] P. "Reuse" means the return of a product into the economic stream for use in the same kind of application as originally intended, without a change in the product's identity. [PL 2013, c. 395, §1 (NEW).] Q. "Sell" or "sale" means any transfer of title for consideration, including remote sales conducted through sales outlets, catalogues or the Internet or any other similar electronic means. [PL 2013, c. 395, §1 (NEW).] [PL 2015, c. 331, §§1-4 (AMD).]

2. Establishment of a paint stewardship program. By April 1, 2015, a producer, a group of producers or a representative organization shall submit a plan for the establishment of a paint stewardship program to the commissioner for approval. The plan must include: A. A description of how the program will collect, transport, recycle and process post-consumer paint from entities covered by the program for end-of-life management to meet the following goals: (1) A reduction in the generation of unwanted paint and the promotion of its reuse and recycling; (2) Provision of convenient and available statewide collection of post-consumer paint from entities covered by the program in all areas of the State; (3) Management of post-consumer paint using environmentally sound management practices in an economically sound manner, including following the paint waste management hierarchy of source reduction, reuse, recycling, energy recovery and disposal; (4) Establishment of a process for managing paint containers collected under the program, including recycling all recyclable containers; (5) Negotiation and execution by the operator of agreements to collect, transport, reuse, recycle, burn for energy recovery and dispose of post-consumer paint using environmentally sound management practices; and (6) Provision of education and outreach efforts by the operator to promote the program. The education and outreach efforts must include strategies for reaching consumers in all areas of the State and the method the program will use to evaluate the effectiveness of its education and outreach efforts; [PL 2013, c. 395, §1 (NEW).] B. Contact information for all persons that will be responsible for the operation of the paint stewardship program and a list of paint brands and producers covered under the program; [PL 2013, c. 395, §1 (NEW).] C. Goals as may be practical to reduce the generation of post-consumer paint, to promote the reuse and recycling of post-consumer paint, for the overall collection of post-consumer paint and for the proper end-of-life management of post-consumer paint. The goals may be revised by a representative organization based on information collected annually; [PL 2013, c. 395, §1 (NEW).] D. A list of all potential processors that will be used to manage post-consumer paint collected by the paint stewardship program, a list of each collection site name and location that will accept post-consumer paint under the program and a list of all processors that will be used for final disposition; [PL 2013, c. 395, §1 (NEW).] E. A method to determine the number and geographic distribution of paint collection sites based on the use of geographic information modeling. The plan must provide that at least 90% of state residents have a permanent paint collection site within a 15-mile radius of their residences, unless the commissioner determines that the 90% requirement is not practicable due to geographical constraints. If the commissioner determines the 90% requirement is not practicable, the commissioner may approve a plan that includes a geographic distribution of paint collection sites that is practicable. The distribution of paint collection sites must include at least one additional paint collection site for each 30,000 residents in a population center that is located to provide convenient and reasonably equitable access for residents within the population center unless otherwise approved by the commissioner; [PL 2013, c. 395, §1 (NEW).] F. Identification of the ways in which the program will coordinate with existing solid waste collection programs and events, including strategies to reach the State's residents that do not have a permanent paint collection site within a 15-mile radius of their residences and to ensure adequate coverage of service center communities as defined in Title 30‑A, section 4301, subsection 14‑A ; [PL 2013, c. 395, §1 (NEW).] G. A time frame for accomplishing the geographical coverage required under paragraphs E and F ; [PL 2013, c. 395, §1 (NEW).] H. An anticipated budget for operation of the paint stewardship program, including the suggested method of funding the program, which must include the method of calculating a paint stewardship assessment that meets the requirements of subsection 4 ; and [PL 2015, c. 331, §5 (AMD).] I. A description of how post-consumer paint collected under this section will be managed at each collection site, including how post-consumer paint will be labeled, provisions for secondary containment and protecting post-consumer paint from weather and a description of how subsection 5‑A, paragraph G will be satisfied. [PL 2015, c. 331, §5 (AMD).] J. [PL 2015, c. 331, §6 (RP).] K. [PL 2015, c. 331, §6 (RP).] [PL 2015, c. 331, §§5, 6 (AMD).]

3. Approval of plan. The commissioner shall review a plan submitted under subsection 2 and make a determination of whether to approve the plan within 120 days of receipt. The commissioner shall make the plan available for public review for at least 30 days prior to making a determination of whether to approve the plan. The commissioner shall approve a plan if the commissioner determines that the plan demonstrates the ability of the paint stewardship program to meet the goals specified in subsection 2, paragraph A and meets the other requirements for submission of a plan under subsection 2 . The commissioner's approval of a plan must include approval of the method by which the program will be funded. The commissioner shall require the person submitting the plan to provide an independent audit indicating the appropriateness of the proposed paint stewardship assessment. If a plan is rejected, the commissioner shall provide the reasons for rejecting the plan to the person submitting the plan. The person submitting the plan may submit an amended plan within 60 days of a rejection. [PL 2013, c. 395, §1 (NEW).]

4. Funding of paint stewardship program. An operator of a paint stewardship program shall administer a paint stewardship assessment for all architectural paint sold in the State. The amount of the paint stewardship assessment must be approved by the commissioner under subsection 3 and must be sufficient to recover, but may not exceed, the cost of the paint stewardship program. If the funds generated by the program exceed the amount necessary to operate the program, excess funds must be used to reduce future paint stewardship assessments or improve services under the program. A. A paint stewardship assessment must be added to the cost of all architectural paint sold to retailers and distributors in the State. A retailer or distributor shall add the paint stewardship assessment to the consumer's purchase price of the architectural paint sold by that retailer or distributor. A producer or a representative organization may not charge a paint stewardship assessment at the time of post-consumer paint collection. The collection of the paint stewardship assessment must commence no later than the implementation date established in subsection 5, paragraph A . [PL 2013, c. 395, §1 (NEW).] B. An architectural paint producer participating in a representative organization shall remit to the representative organization payment of the paint stewardship assessment for each container of architectural paint it sells in the State. [PL 2013, c. 395, §1 (NEW).] [PL 2013, c. 395, §1 (NEW).]

5. Operation of paint stewardship program. A paint stewardship program must be operated as follows. A. Unless an earlier implementation date is proposed in a plan and approved by the commissioner, beginning July 1, 2015 or 3 months after a plan is approved by the commissioner under subsection 3 , whichever occurs later, a producer or a representative organization shall implement the plan. If an earlier implementation date is proposed in a plan and approved by the commissioner, a producer or representative organization shall implement the plan beginning on that date. [PL 2013, c. 483, §1 (AMD).] B. Upon implementation of the plan, a producer may not sell or offer for sale architectural paint in the State unless the producer or a representative organization of which the producer is a member participates in a paint stewardship program. A representative organization shall notify the department of all producers participating in a paint stewardship program operated by the representative organization. [PL 2013, c. 395, §1 (NEW).] C. A producer or a representative organization shall provide consumers and retailers with educational materials regarding the paint stewardship assessment and paint stewardship program. Such materials must include, but are not limited to, information regarding available end-of-life management options for architectural paint offered through the paint stewardship program, promoting waste prevention, reuse and recycling and notifying consumers that a charge for the operation of the paint stewardship program is included in the purchase price of all architectural paint sold in the State. These materials may include, but are not limited to, the following: (1) Signage that is prominently displayed and easily visible to the consumer; (2) Printed materials and templates of materials for reproduction by retailers to be provided to the consumer at the time of purchase or delivery; (3) Advertising or other promotional materials that include references to the paint stewardship program; and (4) A manual for paint retailers providing collection site procedures to ensure the use of environmentally sound management practices when handling architectural paints. [PL 2013, c. 395, §1 (NEW).] D. A producer or a representative organization that organizes the collection, transportation and processing of post-consumer paint, in accordance with a paint stewardship program, is immune from liability for any claim of a violation of antitrust, restraint of trade or unfair trade practice, including claims pursuant to Title 10, chapter 201 , arising from conduct undertaken in accordance with the paint stewardship program. [PL 2013, c. 395, §1 (NEW).] E. By October 15, 2016, and annually thereafter, the operator of a paint stewardship program shall submit a report to the commissioner regarding the paint stewardship program. If implementation of a plan begins before December 31, 2014, the commissioner may establish an earlier date for submission of the initial report. The report must include, but is not limited to: (1) A description of the methods used to collect, transport, reduce, reuse and process post-consumer paint in the State; (2) The volume of post-consumer paint collected in the State; (3) The volume and type of post-consumer paint collected in the State by method of disposition, including reuse, recycling and other methods of processing; (4) The total cost of implementing the paint stewardship program, as determined by an independent financial audit funded from the paint stewardship assessment. The report of total cost must include a breakdown of administrative, collection, transportation, disposition and communication costs; (5) A summary of outreach and educational activities undertaken and samples of educational materials provided to consumers of architectural paint; (6) The total volume of post-consumer paint collected by the paint stewardship program and a breakdown of the volume collected at each collection site; (7) Based on the paint stewardship assessment collected by the paint stewardship program, the total volume of architectural paint sold in the State during the preceding year; (8) A list of all processors, including recyclers and disposers, used to manage post-consumer paint collected by the paint stewardship program in the preceding year up to the paint's final disposition, the volume each processor accepted and the disposition method used by each processor; and (9) An evaluation of the effectiveness of the paint stewardship program compared to prior years and anticipated steps, if any are needed, to improve performance throughout the State. [PL 2015, c. 331, §7 (AMD).] F. Reports submitted to the department under this section must be made available to the public on the department's publicly accessible website, except that proprietary information submitted to the department in a plan, in an amendment to a plan or pursuant to reporting requirements of this section that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . As used in this paragraph, "proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. [PL 2013, c. 395, §1 (NEW).] G. A producer or representative organization shall submit to the department for approval a request to amend an approved plan if the producer or representative organization proposes to: (1) Change the paint stewardship assessment; (2) Cover an additional product under the plan; or (3) Modify the goals of the plan. [PL 2013, c. 395, §1 (NEW).] [PL 2015, c. 331, §7 (AMD).]

5-A. Requirements for collection sites. This subsection applies to collection sites. A. Within 30 days of commencement of an approved paint stewardship program, a producer or representative organization shall notify the department of the name and location of each collection site added to or deleted from the list of collection sites provided under subsection 2, paragraph D . [PL 2015, c. 331, §8 (NEW).] B. A collection site shall track all outgoing shipments of post-consumer paint on a manifest or a bill of lading. The collection site shall maintain these records for at least 3 years. [PL 2015, c. 331, §8 (NEW).] C. A collection site shall maintain a record for each drop-off of post-consumer paint that is a hazardous waste from an entity other than a household, including the name and address of the entity, the date of the drop-off and a description and quantity of the post-consumer paint that is a hazardous waste. The collection site shall maintain these records for at least 3 years. [PL 2015, c. 331, §8 (NEW).] D. A collection site shall store post-consumer paint in structurally sound collection containers that show no visible evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions, in a secure area, away from ignition sources, storm drains and floor drains. A collection container must be kept closed except when adding containers of post-consumer paint that have been collected from consumers. A collection container must be labeled with the words "Waste Paint." A collection site may not store more than 5,000 kilograms of post-consumer paint that is a hazardous waste at any one time. A collection site may store collected post-consumer paint that is a hazardous waste for up to one year. [PL 2015, c. 331, §8 (NEW).] E. A collection site may accept post-consumer paint that is a hazardous waste only from households and from conditionally exempt small quantity generators. [PL 2015, c. 331, §8 (NEW).] F. A collection site shall immediately contain and clean up any discharge or release of post-consumer paint that is a hazardous waste. [PL 2015, c. 331, §8 (NEW).] G. A collection site shall limit its activities to the collection and storage of post-consumer paint, except that transfer stations and operations that otherwise collect household hazardous waste may remove post-consumer paint that is a hazardous waste from the paint's original container and mix or consolidate that paint, as long as all transfer and mixing or consolidation activities are conducted over secondary containment and as long as any discharges or releases of hazardous waste, as defined in 40 Code of Federal Regulations, Part 261, Subparts C and D, are contained and cleaned up to the department's satisfaction. [PL 2015, c. 331, §8 (NEW).] H. A collection site shall ensure that it receives training from the producer or representative organization that implements the paint stewardship program on how to properly inspect and store post-consumer paint and shall maintain training manuals issued by the producer or representative organization. [PL 2015, c. 331, §8 (NEW).] I. A collection site shall ship post-consumer paint that is a hazardous waste to a universal waste consolidation facility or to a recycling, treatment, storage or disposal facility that is authorized to receive universal waste. [PL 2015, c. 331, §8 (NEW).] J. A collection site that accepts only post-consumer paint and post-consumer paint that is a hazardous waste under an approved plan from households and from conditionally exempt small quantity generators is not a central accumulation facility and does not require a hazardous waste identification number from the federal Environmental Protection Agency. Nothing in this section is intended to exempt a collection site from being considered a central accumulation facility or from being required to obtain a hazardous waste identification number based on activities unrelated to a paint stewardship program. [PL 2015, c. 331, §8 (NEW).] [PL 2015, c. 331, §8 (NEW).]

6. Administration and enforcement of program. The department shall enforce this section and may adopt rules as necessary for the purposes of implementing, administering and enforcing this section. A. Except as may otherwise be required under federal law or by the producer or representative organization under an approved plan, the department may not impose a requirement by rule or otherwise on a collection site regarding the collection, handling, record-keeping, storage or shipping of post-consumer paint that is more stringent than the requirements of this section for collection sites. [PL 2015, c. 331, §9 (NEW).] B. A collection site that complies with the requirements of this section and that uses environmentally sound management practices is not subject to penalties for violation of the department's rules related to post-consumer paint. [PL 2015, c. 331, §9 (NEW).] C. The department shall charge a reasonable fee to be paid by an applicant for approval of a paint stewardship program for review of the plan. The department may establish a reasonable annual fee to cover the actual costs for annual report review, oversight, administration and enforcement. Fees established under this paragraph may not exceed the greater of $82,000 per year and 1% of total program costs as set forth in the independent financial auditing report required under subsection 5 . [PL 2015, c. 331, §9 (NEW).] [PL 2015, c. 331, §9 (AMD).]

7. Retailers. Unless an earlier implementation date is approved by the commissioner pursuant to subsection 5, paragraph A , beginning July 1, 2015 or 3 months after a plan is approved by the commissioner under subsection 3 , whichever occurs later, a retailer may not sell architectural paint unless, on the date the retailer orders the architectural paint from the producer or its agent, the producer or the paint brand is listed on the department's publicly accessible website as implementing or participating in an approved paint stewardship program. A retailer may participate as a paint collection point pursuant to the paint stewardship program on a voluntary basis and pursuant to all applicable laws and rules. A retailer that collects post-consumer paint must follow a collection site procedure manual developed by a producer or representative organization to ensure the use of environmentally sound management practices when handling architectural paints at collection locations. If an earlier implementation date is approved by the commissioner pursuant to subsection 5, paragraph A , the provisions of this subsection apply with respect to the plan as of that date. [PL 2013, c. 483, §3 (AMD).]

8. List of producers and brands. The department shall post on its publicly accessible website a list of the producers participating and the brands included in a paint stewardship program. [PL 2013, c. 395, §1 (NEW).]

9. Relationship to other product stewardship program laws. A paint stewardship program established pursuant to this section is governed by the provisions of this section and is exempt from any requirements related to product stewardship programs established under chapter 18 unless otherwise specifically provided. [PL 2013, c. 395, §1 (NEW).]

10. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 395, §1 (NEW).]
38 M.R.S. § 1841 — ME Code / Title 38 / Chapter 20 / Section 1841
38 §1841. Declaration of policy
Status: in_force

Maine's great ponds are an important element of the State's economy and traditional way of life. Their abundance and relatively high water quality are precious resources in light of the growing inadequacy of water supplies and the deterioration of natural settings and habitat in many other states. The use of great ponds as a source for drinking water, recreation and power production is vital to the State. [PL 1991, c. 838, §26 (NEW).]

To protect the public trust, the State's great ponds must be protected from degradation. They must be managed according to watershed boundaries, while a diversity of lake setting types within each region of the State is maintained. Potable water from the State's great ponds should require minimal treatment. [PL 1991, c. 838, §26 (NEW).]

A primary goal of the protection of the State's great ponds is to ensure that consistent land use management policies and regulations are applied throughout the direct watershed of each great pond. [PL 1991, c. 838, §26 (NEW).]

The State's goals in managing the surface uses of great ponds are to avoid or minimize conflicts among recreational users, energy producers, shoreland owners and other users; maintain traditional water-dependent businesses; and ensure that the intensity of use allowed on a great pond is in keeping with its capacity to accommodate that use. [PL 1991, c. 838, §26 (NEW).]
38 M.R.S. § 966-A — ME Code / Title 38 / Chapter 6 / Section 966-A
38 §966-A. Citizens' groups or organizations
Status: in_force

1. Participation. A citizens' group or organization may participate in all hearings held by the commission, request and receive notices, bring judicial proceedings and exercise all other rights of parties to proceedings before the commission, provided that the group or organization is designated as qualified by an order of the commission under this section. [PL 1979, c. 459, §1 (NEW).]

2. Organizations qualified. The commission shall issue an order designating a citizens' group or organization as qualified under this section if it finds that: A. The group or organization has filed an application showing: (1) That is has significant and definable interest in the Saco, Ossipee or Little Ossipee Rivers and their adjacent lands; and (2) That it has at least 50 members in the municipalities whose lands comprise the Saco River Corridor or at least 15 members in a municipality which will be directly affected by a proposed action of the commission. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

3. Contents. Every application for designation as a qualified organization under this section shall contain the name and address of a representative or office for the receipt of notices and other communications and the names and addresses of the organization's officers, directors and members. [PL 1979, c. 459, §1 (NEW).]

4. Time period. The commission may establish a period of time after which qualifications under this section will expire unless renewed, and in such cases shall give notice of the necessity for renewal not less than one month prior to the expiration date. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1304-B — ME Code / Title 38 / Chapter 13 / Section 1304-B
38 §1304-B. Delivery of solid wastes to specific waste facilities
Status: in_force

1. Findings and purpose. The Legislature makes the following findings of fact. Subject to the provisions of chapter 24 , the State requires each municipality to provide for disposal services for domestic and commercial solid waste generated within the municipality. Solid waste contains valuable recoverable resources, including energy. Many municipalities have found that energy recovery reduces the cost of solid waste disposal. Energy recovery technology is complex and the equipment requires a steady supply of waste to operate efficiently. Because of the complicated technology, most energy recovery facilities have high capital costs and long payback periods. In order to remain cost effective throughout their lives, these energy recovery facilities require a guaranteed, steady supply of waste. Consequently, municipalities utilizing energy recovery facilities are usually required to enter long-term agreements to provide the facilities with specific amounts of waste. In order to make these energy recovery facilities financially feasible, and thereby simultaneously improve the environmental impacts and the economics of municipal solid waste disposal, municipalities shall have the legal authority to control the handling of solid waste generated within their borders. The purpose of this section is to promote the recovery of resources from solid waste by creating one of the conditions which make energy recovery economically feasible, assuring municipalities the authority to guarantee a steady supply of solid waste to specific waste facilities. [PL 1989, c. 585, Pt. E, §12 (AMD).]

2. Flow control. Subject to the provisions of chapter 24 , municipalities are expressly authorized to enact ordinances that control solid waste collection, its transportation or its delivery to a specific facility, when the purpose and effect of such an ordinance is to gain management control over solid waste and enable the reclamation of resources, including energy, from these wastes. This authorization includes, but is not limited to, ordinances: A. Requiring segregation of wastes; [PL 1987, c. 517, §14 (AMD).] B. Requiring delivery of wastes generated within the municipality, or any portion of those wastes, to a designated disposal or reclamation facility; [PL 1991, c. 72, §4 (AMD).] C. Designating certain materials as recyclable and exempt from the provisions of paragraph B; and [PL 1991, c. 72, §5 (AMD).] D. Designating yard wastes as compost material and requiring delivery of these wastes to a designated composting facility. [PL 1991, c. 72, §6 (NEW).] [PL 1991, c. 72, §§4-6 (AMD).]

3. Ordinances. [PL 1989, c. 585, Pt. E, §14 (RP).]

4. Contracts. In order to encourage and facilitate the financing and development of solid waste facilities, including, but not limited to, facilities for resource recovery, municipalities shall have the following powers, notwithstanding any law, charter, ordinance provision or limitation to the contrary: A. To contract with a corporation described in subsection 5 or a refuse disposal district organized under chapter 17 or any person, including, but not limited to, the owner or operator of any waste facility, for the collection, transportation, storage, processing, salvaging or disposal of waste. Any such contract may be for such term of years and may contain such other provisions as the municipality may approve. Any such contract may provide that, in consideration for the obligation of the facility owner or operator to handle all or any portion of the solid waste generated in the municipality, the municipality shall pay to the facility owner or operator such fees, assessments and other payments as shall be established in accordance with the contract. [PL 1985, c. 593, §8 (AMD).] B. Without limiting the generality of the powers conferred in paragraph A , to agree in such a contract to pay fees, assessments or other payments in such amounts as may be reasonably necessary to pay: (1) Costs associated with financing, developing, constructing, repairing, maintaining and operating all or any one or more of the waste facilities owned or operated by the facility owner or operator, including, but not limited to, the payment of debt service and the maintenance of reasonable reserves or sinking funds in connection with the financing or operation of any such waste facilities; (2) Any other costs incurred by the facility owner or operator in connection with the handling of solid waste, whether performed at any waste facility referred to in subparagraph (1) or at another such facility differently owned and operated; and (3) Any deficiencies arising by virtue of the failure of any other municipality so agreeing to meet its obligations to pay the costs set forth in subparagraphs (1) and (2) in accordance with any similar agreement with the same facility owner; and [PL 1985, c. 593, §8 (AMD).] C. To pledge the full faith and credit of the municipality for the payment of fees, assessments and other payments, as provided in paragraphs A and B , and to levy upon and raise from taxable estates within the municipality by general taxes the amounts required to pay these fees, assessments and payments or to raise those amounts by means of any fee, user charge or other cost-sharing or assessment mechanism duly adopted and authorized by the municipality or to borrow those amounts by issuance of general obligation bonds or notes. [PL 1985, c. 337, §3 (NEW).] Any contract complying with the requirements of this subsection and subsection 6 shall be a properly authorized, legal, valid, binding and enforceable obligation of the municipality, regardless of whether the agreement was authorized, executed or delivered prior to or after the effective date of this subsection. [PL 1985, c. 593, §8 (AMD).]

4-A. Contract limitations. Any contract, including any contract in existence on the effective date of this subsection, for the provision of waste disposal, transportation or handling services to municipalities is subject to the following limitations. A. No contract for waste disposal, transportation or handling services may prevent a municipality from recycling any portion of its solid waste, provided that any minimum BTU content level and minimum tonnage level required by that contract is maintained by the municipality. [PL 1987, c. 517, §17 (NEW).] B. No contract for waste disposal, transportation or handling services may prevent a municipality from meeting its obligations to supply a minimum BTU content level and minimum tonnage level required by that contract using solid waste generated outside its borders, provided that: (1) The municipality is or will be unable, as the direct result of recycling or source reduction efforts, to meet the obligations using solid waste generated within its jurisdiction; and (2) The municipality is liable for any damages caused by any solid waste it relies upon to satisfy the provisions of its contract. [PL 1987, c. 517, §17 (NEW).] C. For those waste disposal, transportation or handling services contracts which do not principally rely upon requiring minimum BTU content level or minimum tonnage level to secure solid waste for the waste disposal facility, but which instead rely upon a requirement that the municipality provide all or most of its solid waste to the waste disposal facility, no such contract may prohibit a municipality during the term of the contract from recycling those materials which the municipality determines to be recyclable. [PL 1987, c. 517, §17 (NEW).] D. A municipality that anticipates that it will be unable to meet its contract obligation to supply a minimum BTU content level or minimum tonnage due to waste reduction or recycling programs and is unable to reach an agreement with the incinerator for the anticipated reduction may request the department to intercede. The department shall assist the incinerator in soliciting solid waste to mitigate any anticipated shortfall in minimum BTU content level or minimum tonnage. If no agreement on mitigation of an anticipated shortfall is reached, the terms of the original contract prevail, except as otherwise provided in this chapter. [PL 2011, c. 655, Pt. GG, §12 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] [PL 2011, c. 655, Pt. GG, §12 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Public waste disposal corporations. Notwithstanding any law, charter, ordinance provision or limitation to the contrary, pursuant to an interlocal agreement entered into in accordance with Title 30‑A, chapter 115 , 2 or more municipalities may organize or cause to be organized or may participate in one or more corporations organized as nonprofit corporations under Title 13, chapter 81 or Title 13‑B for the purpose, among other permissible purposes, of owning or operating one or more waste facilities described in subsection 4, paragraph A . A subscribing municipality may agree in an interlocal agreement to pay fees, assessments or other payments as described in subsection 4, paragraph B for such a term of years and on such other terms as the interlocal agreement may provide and may pledge the full faith and credit of the municipality to the same extent provided in subsection 4, paragraph C . The applicable interlocal agreement or the articles of incorporation or the bylaws of the corporation may provide that the municipal officers of a municipality participating in the corporation may appoint an alternate director or alternate directors to act as the municipality's representative to the corporation's board of directors in the absence of the director or directors elected by the municipal officers. A corporation described in this subsection is a public municipal corporation as that term is used in Title 36, section 651, subsection 1, paragraph D , and its real and personal property located in subscribing, participating and associate member municipalities is exempt from municipal property taxation to the extent provided by Title 36, section 651, subsection 1, paragraph D . The applicable interlocal agreement or the articles of incorporation or bylaws of the corporation must provide that: A. The corporation must be organized and continuously thereafter operated as a nonprofit corporation, no part of the net earnings of which may inure to the benefit of any member, director, officer or other private person; [PL 1995, c. 81, §1 (AMD).] B. The directors of the corporation must be elected by the municipal officers of the municipalities participating in the corporation; and [PL 1995, c. 81, §1 (AMD).] C. Upon dissolution or liquidation of the corporation, title to all of its property vests in one or more of the municipalities participating in the corporation. [PL 1995, c. 81, §1 (AMD).] Any interlocal agreement complying with the requirements of this subsection and subsection 6 must be a properly authorized, legal, valid, binding and enforceable obligation of the municipality, regardless of whether the agreement was authorized, executed or delivered prior to or after the effective date of this subsection. Any corporation organized in a manner that satisfies the requirements set forth in this subsection and subsection 6 , whether organized prior to or after the effective date of this subsection, is deemed for all purposes as organized pursuant to this subsection. If so provided in the applicable interlocal agreement, any such corporation has the power, in addition to any other powers that may be delegated under Title 30‑A, chapter 115 , to issue, on behalf of one or more of the municipalities participating in the corporation, in order to finance the facilities, revenue obligation securities issued in accordance with Title 10, chapter 110, subchapter 4 and any other bonds, notes or debt obligations that municipalities are authorized to issue by applicable law. For these purposes, the term "municipal officers" as used in Title 10, chapter 110, subchapter 4 means the board of directors of any corporation described in this subsection. Title 10, section 1064, subsection 6 may not be construed to prohibit the assignment or pledge as collateral security of any contract of a municipality authorized by this section or of any or all of the payments under this section, regardless of whether the provisions of subsection 4, paragraph C are applicable to the contract or payments. The provisions of Title 10, sections 1063 and 1064, subsection 1, paragraph A and paragraph C , subparagraph (4) do not apply to revenue obligation securities issued by any public waste disposal corporation described in this subsection. [PL 2007, c. 91, §1 (AMD).]

5-A. Other regional associations. Notwithstanding any law, charter, ordinance provision or limitation to the contrary, any 2 or more municipalities, counties, refuse disposal districts, public waste disposal corporations or other quasi-municipal corporations may organize or cause to be organized or may acquire membership in one or more regional associations for the purpose, among other permissible purposes, of facilitating the disposal of domestic and commercial solid waste generated within the geographic boundaries of each member of the regional association. In accordance with this subsection, a regional association may conduct business without an interlocal agreement. A. The articles of incorporation or bylaws of the regional association must provide that: (1) The regional association must be organized and continuously operated as a nonprofit corporation, no part of the net earnings of which may inure to the benefit of any member, director, officer or other private person; the receipt, directing and application of money in accordance with paragraph E may not be considered to be part of the net earnings, income or profit of the regional association; (2) The directors of the regional association must be elected by the municipal officers, the trustees or the directors, as applicable, of the members of the regional association; and (3) Upon dissolution or liquidation of the corporation, title to all of its property vests in one or more of the municipalities participating in the regional association. [PL 1997, c. 602, §2 (NEW); PL 1997, c. 602, §3 (AFF).] B. Each member must enter into at least one solid waste disposal agreement with the owners of at least one solid waste disposal facility, including, but not limited to, a solid waste disposal facility that is a qualifying facility as defined in Title 35‑A, section 3303 . [PL 1997, c. 602, §2 (NEW); PL 1997, c. 602, §3 (AFF).] C. Each member must be in good standing with the regional association and abide by the bylaws of the regional association. [PL 1997, c. 602, §2 (NEW); PL 1997, c. 602, §3 (AFF).] D. Notwithstanding any limitation imposed by Title 30‑A, chapter 223, subchapter III‑A , or any other limitation on investments imposed on a member pursuant to state law, each member may invest its funds in and participate in the ownership of: (1) One or more solid waste disposal facilities; (2) An entity that owns one or more solid waste disposal facilities; (3) A transmission and distribution utility that has a power purchase agreement with the owners of a solid waste disposal facility that, in turn, has a solid waste disposal contract with the member; (4) A competitive electricity provider, as defined in Title 35‑A, section 3201 , affiliated with a public utility whether or not it is regulated by the Public Utilities Commission or a successor state agency; and (5) A subsidiary entity formed by a transmission and distribution utility. [PL 1999, c. 657, §26 (AMD).] E. To the extent provided in its bylaws, a regional association may perform the following functions, among others, on behalf of its members: (1) Receive and direct distributions of cash from and ownership interests in the entities described in paragraph D as well as other revenues from activities authorized under this subsection, including, but not limited to: (a) Distribution on behalf of members based on a minimum tonnage guaranteed to be delivered or actually delivered to solid waste disposal facilities; and (b) Earnings and other distributions from the members' investments in and participation in the entities described in paragraph D in the form of capital stock, limited partnership interest, warrants for equity interest or other equity positions in entities; (2) Manage assets of its members that are related to the functions of the regional association, including, but not limited to, functions related to the entities described in paragraph D ; (3) Manage money or other value received on account of members from any source; (4) Determine the use and application of assets on behalf of and for the benefit of its members, including investment and reinvestment in the entities described in paragraph D ; (5) Purchase, sell and otherwise deal with ownership interests, including the authority to exercise warrants for the purpose of making any purchase, in the entities described in paragraph D ; and (6) Administer the solid waste disposal agreement described in paragraph B and act as agent for its members under and pursuant to and to the extent provided by the solid waste disposal agreement, including the authority to bind its members through arbitration proceedings. [PL 1997, c. 602, §2 (NEW); PL 1997, c. 602, §3 (AFF).] F. A regional association may receive, direct and apply money as described in paragraph E without the need for further action by any member by appropriation or otherwise and, unless otherwise provided by a member in connection with its participation in a regional association, that money may not be taken into account for purposes of calculating any limitation on the member's annual expenditures or appropriations. [PL 1997, c. 602, §2 (NEW); PL 1997, c. 602, §3 (AFF).] A regional association may not pledge the full faith and credit of its members but it has all other powers necessary and incidental to carry out the purposes of this chapter. Notwithstanding any contrary provision in Title 13‑B , a regional association may have more than one class of members as prescribed or established in its bylaws. [PL 1999, c. 657, §26 (AMD).]

6. Relationship to other laws. The obligation of a municipality to pay any fees, assessments or other payments in accordance with any agreement entered into pursuant to subsection 4 or any interlocal agreement referred to in subsection 5 shall not constitute a "debt" or "indebtedness" of the municipality within the meaning of any statutory, charter or ordinance provision limiting the incurrence or the amount of municipal indebtedness nor shall the authorization or incurrence of the obligation or any municipal action to raise funds to meet the obligation by any means set forth in subsection 4, paragraph C , require or be subject to any voter referendum or approval under any law or any charter or ordinance provision. A. A municipality may agree to make payments in accordance with subsection 4, paragraph B , or in accordance with the provisions of any interlocal agreement referred to in subsection 5 with regard to all or any portion of debt incurred or to be incurred for the financing of one or more waste facilities, provided that no such payments shall be made with respect to debt or any portion of debt which, when incurred, would cause the total principal balance of all then outstanding debt or portions of debt to which the payments apply to exceed: (1) Three percent of the last full state valuation of the municipality; minus (2) The municipality's then obtaining allocable share of any debt or portions of debt described in paragraph B with regard to which it is obliged to make payments. [PL 1985, c. 593, §10 (NEW).] B. Notwithstanding paragraph A , 2 or more municipalities may agree to make payments in accordance with subsection 4, paragraph B , or in accordance with any interlocal agreement referred to in subsection 5 with regard to all or any portion of debt incurred or to be incurred for the financing of one or more waste facilities, provided that no such payments may be made with respect to debt or any portions of debts which, when incurred, would cause the total principal balance of all then outstanding debt or portions of debt to which the payments apply to exceed: (1) Three percent of the sum of the last full state valuation of all municipalities so agreeing; minus (2) Any amounts of debt or portions of debt described in paragraph A in connection with which any such municipality is obliged to make payments. The limitations set forth in paragraphs A and B shall only apply to agreements by which a municipality or group of municipalities have agreed to make payments directly based, among other things, on a facility owner's costs of debt service and other costs of financing and shall not be construed to apply to contract payments calculated on any other basis, even if the facility owner uses the payments to meet its debt service obligations. [PL 1985, c. 593, §10 (NEW).] The obligation of the municipality to pay fees, assessments and other payments in accordance with subsection 4 or any interlocal agreement referred to in subsection 5 shall be binding upon and enforceable against the municipality without regard to whether all or any one or more of the waste facilities referred to in subsection 4, paragraph B , subparagraph (1), becomes operational or was or will be in operation during the period for which the fees, assessments or other payments are so charged. No contract entered into in accordance with subsection 4 nor any ordinance adopted under the authority of subsection 2 may be deemed a contract in restraint of trade or otherwise unlawful under Title 10, chapter 201 . Notwithstanding any law, charter or ordinance provisions to the contrary, the powers conferred upon a municipality pursuant to subsections 4 and 5 and this subsection may be exercised by the municipal officers as defined in Title 30‑A, section 2001 , including the assessors of a plantation, only when authorized, in the case of a municipality with a city or town council, by action of the council and, in the case of a municipality without such a council, by action of the town meeting. This paragraph shall apply whether or not the action of the city council, town council or town meeting was taken before or after March 21, 1986. Nothing in this section may be construed to be a limitation on the Home Rule powers granted to municipalities under Title 30‑A, section 3001 , or on the ability of communities to jointly exercise their powers as is recognized in Title 30‑A, section 2201 . This section provides an additional and alternative method for carrying out this subchapter. [PL 1987, c. 737, Pt. C, §§96, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

7. Subjugation. Notwithstanding any provision of this section to the contrary, the exercise of any power or authority granted under this section is subject to the provisions of chapter 24 . [PL 1989, c. 585, Pt. E, §16 (NEW).]
38 M.R.S. § 725 — ME Code / Title 38 / Chapter 5 / Section 725
38 §725. Tender of damages
Status: in_force

In case of an original complaint, the defendant may, with the same advantages to the defendant, tender and bring money into court, or if the issue is decided in favor of the plaintiff, or if the defendant is defaulted or does not answer or show any legal objections to the proceedings, the defendant may, in writing entered of record with its date, offer to be defaulted for a specific sum for the yearly damages or a sum in gross as reasonable compensation for all damages, as in an action at common law. If either is accepted, the judgment has the same effect as if rendered on a verdict. If not accepted within such time as the court orders, it may not be offered in evidence or have any effect upon the rights of the parties, or the judgment to be rendered except the costs. If the plaintiff fails to recover a sum greater than the sum tendered or offered, the plaintiff recovers such costs only as accrued before the offer, and the defendant recovers costs accrued after that time, and the defendant's judgment for costs may be set off against the plaintiff's judgment for damages and costs. [RR 2021, c. 2, Pt. B, §253 (COR).]
38 M.R.S. § 419 — ME Code / Title 38 / Chapter 3 / Section 419
38 §419. Cleaning agents and lawn and turf fertilizer containing phosphate banned
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dairy equipment" means equipment used by farmers or processors for the manufacture or processing of milk and dairy products. [PL 2007, c. 65, §1 (AMD).] A-1. "Compost" means a biologically stable material derived from the composting process. [PL 2007, c. 65, §1 (NEW).] A-2. "Composting" means the biological decomposition of organic matter. It is accomplished by mixing and piling organic matter in such a way as to promote aerobic decay, anaerobic decay or both. [PL 2007, c. 65, §1 (NEW).] A-3. "Fertilizer" means a substance containing one or more recognized plant nutrients that is used for its plant nutrient content and designed for use or claimed to have value in promoting plant growth. "Fertilizer" does not include animal and vegetable manures that are not manipulated, marl, lime, limestone or topsoil. [PL 2007, c. 65, §1 (NEW).] A-4. "Fertilizer containing phosphorus" means a fertilizer containing more than 0.67% phosphate by weight. [PL 2007, c. 65, §1 (NEW).] B. "Food processing equipment" means equipment used for the processing and packaging of food for sale, except that equipment used at restaurants and similar places of business is not included within the meaning of "food processing equipment." [PL 2007, c. 65, §1 (AMD).] C. "High phosphorous detergent" means any detergent, presoak, soap, enzyme or other cleaning agent containing more than 8.7% phosphorous, by weight, but does not include detergent having a recommended use level that contains less than 7 grams of phosphorous by weight. [PL 2007, c. 65, §1 (AMD).] C-1. "Household laundry detergent" means a cleaning agent used primarily in private residences for washing clothes. [PL 2007, c. 65, §1 (AMD).] D. "Industrial equipment" means equipment used by industrial concerns that are located on any brook, stream or river. [PL 2007, c. 65, §1 (AMD).] D-1. "Manipulated" means a process by which fertilizers are manufactured, blended or mixed or animal or vegetable manures are treated in any manner, including mechanical drying, grinding, pelleting and other means, or by adding other chemicals or substances. [PL 2007, c. 65, §1 (NEW).] E. "Person" means any individual, firm, association, partnership, corporation, municipality, quasi-municipal organization, agency of the State or other legal entity. [PL 2007, c. 65, §1 (AMD).] [PL 2007, c. 65, §1 (AMD).]

2. Prohibition. A person may not: A. Sell or use a high phosphorus detergent; or [PL 2007, c. 65, §1 (NEW).] B. Sell fertilizer containing phosphorus at a retail store after January 1, 2008 unless the seller posts a department-approved sign that indicates that the product is not appropriate for use on nonagricultural lawns or turf due to potential adverse effects on water quality, except when: (1) Soil test results from a laboratory indicate that additional phosphorus is needed for that lawn or turf; or (2) The fertilizer will be used in establishing a new lawn or turf, including establishing turf at a sod farm, or for reseeding or overseeding an existing lawn or turf. The sign required by this paragraph must be positioned between 4 and 7 feet above the floor and prominently posted where fertilizers containing phosphorus for use on lawns or turf are displayed. For purposes of this paragraph, "retail store" means a commercial establishment that sells fertilizer on the store premises for use off the premises. [PL 2007, c. 65, §1 (NEW).] [PL 2007, c. 65, §1 (AMD).]

2-A. Household laundry detergent. After July 1, 1993, a person may not sell or offer for sale in this State a household laundry detergent that contains more than 0.5% phosphorus by weight expressed as elemental phosphorus. [PL 1991, c. 838, §22 (NEW).]

3. Exception. Subsection 2 does not apply to: A. A high phosphorous detergent sold and used for the purpose of cleaning dairy equipment, food processing equipment and industrial equipment; [PL 2007, c. 65, §1 (NEW).] B. Fertilizers used for agricultural crops or for flower or vegetable gardening; or [PL 2007, c. 65, §1 (NEW).] C. Compost. [PL 2007, c. 65, §1 (NEW).] [PL 2007, c. 65, §1 (AMD).]

4. Penalty. [PL 1977, c. 300, §23 (RP).]
38 M.R.S. § 353-A — ME Code / Title 38 / Chapter 2 / Section 353-A
38 §353-A. Annual air emissions license fees
Status: in_force

1. Fees assessed. After the effective date of this section, a licensee must pay an annual fee assessed on the sum of all licensed allowable air pollutants, except for carbon monoxide, as follows: Annual licensed emissions in tons Per ton fee 1 - 1,000 $5 1,001 - 4,000 $10 over 4,001 $15 [PL 1993, c. 412, §1 (AMD); PL 1993, c. 412, §10 (AFF).]

1-A. Annual fee surcharge. Beginning November 1, 2008, a licensee shall pay an annual fee surcharge of $2 per every 1,000 air quality units as defined in section 582, subsection 11‑E . The minimum revenue threshold for the annual fee surcharge is established at $1,250,000 per year. The commissioner may increase the annual fee surcharge to up to $4 per every 1,000 air quality units if the annual revenue derived from this annual fee surcharge is less than $1,250,000 per year. The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2010 and every 2 years thereafter on any fee adjustment and the justification for the fee adjustment and the adequacy of the minimum revenue threshold and its ability to support the long-term sustainability of state air quality protection and improvement activities. [PL 2007, c. 589, §1 (AMD); PL 2007, c. 589, §9 (AFF).]

2. Fee adjustment. The commissioner may adjust the per ton fees, the annual fee surcharge set forth in subsection 1‑A and the maximum and minimum fees set forth in subsection 4 on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. [PL 1997, c. 374, §3 (AMD).]

3. Schedule. The effective date of a license is deemed to be the anniversary date. The license fee for a license with an anniversary date in January, February or March must be paid by the end of February. The license fee for a license with an anniversary date in April, May or June must be paid by the end of May. The license fee for a license with an anniversary date in July, August or September must be paid by the end of August. The license fee for a license with an anniversary date in October, November or December must be paid by the end of November. The annual fee for new applications must be estimated and paid at the time of filing the application. When the processing of the application is complete, the final annual fee is determined. Any additional amount is due prior to the issuance of the license. Any overpayment must be refunded. If the application is denied, 50% of the initial annual fee must be refunded. [PL 2007, c. 589, §2 (AMD); PL 2007, c. 589, §9 (AFF).]

4. Maximum and minimum fees. The minimum annual fee is $250 per year. The maximum annual fee is $150,000 per year. Beginning November 1, 1994, the minimum annual fee surcharge is $100 per year and the maximum annual fee surcharge is $50,000 per year. The commissioner may reduce any fee required under the federal Clean Air Act Amendments of 1990 to take into account the financial resources of a small business stationary source, which for the purposes of this subsection means a source that meets the eligibility requirements of 42 United States Code, Section 7661f. [PL 2021, c. 36, §23 (AMD).]

5. Transition for existing licenses. A licensee of a source in existence on the effective date of this section may request a revision to that license to reduce the sum of the licensed allowable air pollutants. [PL 1991, c. 384, §8 (NEW); PL 1991, c. 384, §16 (AFF).]

6. Electrical generating facilities. [PL 1999, c. 657, §22 (RP).]

7. Renewals and amendments. There are no additional fees assessed for license renewals or amendments. [PL 1991, c. 384, §8 (NEW); PL 1991, c. 384, §16 (AFF).]

8. Nonpayment of fee. Failure to pay the annual fee within 60 days of the anniversary date of a license is sufficient grounds for revocation of the license under section 342, subsection 11‑B . [PL 2015, c. 124, §3 (AMD).]

9. Funds used solely for air pollution control activities. The money collected from the annual air emission fees must be used solely for air pollution control activities. [PL 1993, c. 412, §4 (NEW).]

10. Fees for general permit. Licensees regulated under a general permit from the department are subject to an annual fee not to exceed the minimum license fee established under subsection 4 . [PL 2013, c. 300, §10 (AMD).]
38 M.R.S. § 1317 — ME Code / Title 38 / Chapter 13 / Section 1317
38 §1317. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 730, §2 (NEW).]

1. Discharge. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air. [PL 1979, c. 730, §2 (NEW).]

2. Hazardous matter. "Hazardous matter" means substances identified by the board under section 1319 that present a present or potential danger to the people of the State or to its natural environment when deposited on land or discharged on or into waters of the State or ambient air. [PL 1979, c. 730, §2 (NEW).]

3. Remove or removal. "Remove" or "removal" means the mitigation of the danger created by hazardous matter by either: A. Treatment or cleanup of a discharge of hazardous matter; or [PL 1979, c. 730, §2 (NEW).] B. Any action necessary to prevent or minimize danger from a discharge or threatened discharge. [PL 1979, c. 730, §2 (NEW).] [PL 1979, c. 730, §2 (NEW).]

4. Responsible party. "Responsible party" means the person having care, custody, possession or control of hazardous matter. [PL 1979, c. 730, §2 (NEW).]
38 M.R.S. § 467 — ME Code / Title 38 / Chapter 3 / Section 467
38 §467. Classification of major river basins
Status: in_force

All surface waters lying within the boundaries of the State that are in river basins having a drainage area greater than 100 square miles that are not classified as lakes or ponds are classified in this section. [PL 1989, c. 764, §2 (AMD).]

1. Androscoggin River Basin. A. Androscoggin River, main stem, including all impoundments. (1) From the Maine-New Hampshire boundary to its confluence with the Ellis River - Class B. (2) From its confluence with the Ellis River to Worumbo Dam in Lisbon Falls - Class C. (3) From Worumbo Dam in Lisbon Falls to a line formed by the extension of the Bath-Brunswick boundary across Merrymeeting Bay in a northwesterly direction - Class B. [PL 2021, c. 551, §19 (AMD).] B. Little Androscoggin River Drainage. (1) Little Androscoggin River, main stem. (a) From the outlet of Bryant Pond to the Maine Central Railroad bridge in South Paris - Class A. (b) From the Maine Central Railroad bridge in South Paris to its confluence with the Androscoggin River - Class C. (2) Little Androscoggin River, tributaries - Class B unless otherwise specified. (a) Outlet of Thompson Lake in Oxford - Class C. (b) Andrews Brook in Woodstock - Class A. (f) Bog Brook and tributaries in Minot, Oxford and Hebron - Class A. (g) Twitchell Brook and its tributaries in Greenwood and Albany Township - Class A. (h) Tributaries upstream of the confluence with Twitchell Brook in Greenwood - Class A. [PL 2021, c. 551, §20 (AMD).] C. Androscoggin River, Upper Drainage; that portion within the State lying above the river's most upstream crossing of the Maine-New Hampshire boundary - Class A unless otherwise specified. (1) Cupsuptic River and its tributaries - Class AA. (2) Kennebago River and its tributaries except for the impoundment of the dam at Kennebago Falls - Class AA. (3) Rapid River, from a point located 1,000 feet downstream of Middle Dam to its confluence with Umbagog Lake - Class AA. (4) Magalloway River and tributaries above Aziscohos Lake in Lynchton Township, Parmachenee Township and Bowmantown Township - Class AA. (4-A) Abbott Brook and its tributaries in Lincoln Plantation - Class AA. (5) Little Magalloway River and tributaries in Parmachenee Township and Bowmantown Township - Class AA. (6) Long Pond Stream in Rangeley - Class AA. (7) Dodge Pond Stream in Rangeley - Class AA. [PL 2009, c. 163, §1 (AMD).] D. Androscoggin River, minor tributaries - Class B unless otherwise specified. (1) All tributaries of the Androscoggin River that enter between the Maine-New Hampshire boundary in Gilead and its confluence with, and including, the Ellis River and that are not otherwise classified - Class A. (2) Bear River - Class AA. (3) Sabattus River from Sabattus Lake to limits of the Lisbon urban area - Class C. (4) Webb River - Class A. (5) Swift River, and its tributaries, above the Mexico-Rumford boundary - Class A. (6) Nezinscot River, east and west branches above their confluence in Buckfield and their tributaries - Class A. (7) Wild River in Gilead, Batchelders Grant - Class AA. (8) Aunt Hannah Brook and its tributaries in Dixfield - Class A. (9) Tributaries to Webb Lake - Class A. (10) Cushman Stream in Woodstock, an unnamed tributary to Meadow Brook at Cushman Hill Road - Class A. (11) Meadow Brook in Woodstock - Class A. [PL 2021, c. 551, §§21-23 (AMD).] [PL 2021, c. 551, §§19-23 (AMD).]

2. Dennys River Basin. A. Dennys River, main stem. (1) From the outlet of Meddybemps Lake to the Bunker Hill Road bridge - Class AA. (2) From the Bunker Hill Road bridge to tidewater - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [PL 2003, c. 551, §7 (AMD).] B. Dennys River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below the Bunker Hill Road bridge - Class B. (2) Venture Brook in Edmunds Township - Class AA. (3) Cathance Stream below the Great Works Impoundment in Edmunds Township - Class AA. [PL 2003, c. 663, §1 (AMD).] [PL 2003, c. 663, §1 (AMD).]

3. East Machias River Basin. A. East Machias River, main stem. (1) From the outlet of Pocomoonshine Lake to a point located 0.25 miles above the Route 1 bridge - Class AA. (2) From a point located 0.25 miles above the Route 1 bridge to tidewater - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [PL 1989, c. 764, §4 (AMD).] B. East Machias River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below the Route 191 bridge in Jacksonville, except as specified in subparagraph (7) - Class B. (2) Beaverdam Brook, also known as Beaverdam Stream - Class AA. (3) Seavey Brook in Crawford - Class AA. (4) Harmon Brook in Crawford - Class AA. (5) Northern Stream in Township 19 Eastern Division - Class AA. (6) Creamer Brook in Township 19 Eastern Division - Class AA. (7) Clifford Brook, also known as Clifford Stream, in Marion Township - Class AA. [PL 2017, c. 137, Pt. B, §3 (AMD).] [PL 2017, c. 137, Pt. B, §3 (AMD).]

4. Kennebec River Basin. A. Kennebec River, main stem. (1) From the east outlet of Moosehead Lake to a point 1,000 feet below the lake - Class A. (2) From the west outlet of Moosehead Lake to a point 1,000 feet below the lake - Class A. (3) From a point 1,000 feet below Moosehead Lake to its confluence with Indian Pond - Class AA. (4) From Harris Dam to a point located 1,000 feet downstream from Harris Dam - Class A. (5) From a point located 1,000 feet downstream from Harris Dam to its confluence with the Dead River - Class AA. (6) From its confluence with the Dead River to the confluence with Wyman Lake, including all impoundments - Class A. (7) From the Wyman Dam to its confluence with the impoundment formed by the Williams Dam - Class A. (8) From the confluence with the Williams impoundment to the Route 201A bridge in Anson-Madison, including all impoundments - Class A. (9) From the Route 201A bridge in Anson-Madison to the Fairfield-Skowhegan boundary, including all impoundments - Class B. (10) From the Fairfield-Skowhegan boundary to the Shawmut Dam - Class C. (10-A) From the Shawmut Dam to its confluence with Messalonskee Stream, excluding all impoundments - Class B. (a) Waters impounded by the Hydro-Kennebec Dam and the Lockwood Dam in Waterville-Winslow - Class C. (11) From its confluence with Messalonskee Stream to the Sidney-Augusta boundary, including all impoundments - Class B. (12) From the Sidney-Augusta boundary to the Calumet Bridge at Old Fort Western in Augusta, including all impoundments - Class B. (13) From the Calumet Bridge at Old Fort Western in Augusta to a line drawn across the tidal estuary of the Kennebec River due east of Abagadasset Point - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. Further, the license limits for total residual chlorine and bacteria for existing direct discharges of wastewater to this segment as of January 1, 2003 must remain the same as the limits in effect on that date and must remain in effect until June 30, 2009 or upon renewal of the license, whichever comes later. Thereafter, license limits for total residual chlorine and bacteria must be those established by the department in the license and may include a compliance schedule pursuant to section 414‑A, subsection 2 . (14) From a line drawn across the tidal estuary of the Kennebec River due east of Abagadasset Point, to a line across the southwesterly area of Merrymeeting Bay formed by an extension of the Brunswick-Bath boundary across the bay in a northwesterly direction to the westerly shore of Merrymeeting Bay and to a line drawn from Chop Point in Woolwich to West Chop Point in Bath - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [RR 2009, c. 1, §30 (COR).] B. Carrabassett River Drainage. (1) Carrabassett River, main stem. (a) Above a point located 1.0 mile above the dam in Kingfield - Class AA. (b) From a point located 1.0 mile above the dam in Kingfield to a point located 1.0 mile above the railroad bridge in North Anson - Class A. (c) From a point located 1.0 mile above the railroad bridge in North Anson to its confluence with the Kennebec River - Class B. (2) Carrabassett River, tributaries - Class A unless otherwise specified. (a) South Branch Carrabassett River - Class AA. The Legislature finds, however, that permitted water withdrawal from this river segment provides significant social and economic benefits and that this existing use may be maintained. (b) All tributaries entering the Carrabassett River below the Wire Bridge in New Portland - Class B. (c) West Branch Carrabassett River above its confluence with Alder Stream - Class AA. [PL 1999, c. 277, §5 (RPR).] C. Cobbosseecontee Stream Drainage. (1) Cobbosseecontee Stream, main stem - Class B. (2) Cobbosseecontee Stream, tributaries - Class B. [PL 1989, c. 228, §2 (RPR).] D. Dead River Drainage. (1) Dead River, main stem. (a) From the Long Falls Dam to a point 5,100 feet below the dam - Class A. (b) From a point 5,100 feet below Long Falls Dam to its confluence with the Kennebec River - Class AA. (2) Dead River, tributaries - Class A unless otherwise specified. (a) Black Brook below Dead River Hatchery - Class B. (b) Stratton Brook, Eustis, from the upper Route 16/27 bridge to its confluence with Flagstaff Lake - Class B. (c) Spencer Stream and Little Spencer Stream - Class AA. (d) Horseshoe Stream in Chain of Ponds Township - Class AA. [PL 2003, c. 317, §7 (AMD).] E. Messalonskee Stream Drainage. (1) Messalonskee Stream, main stem. (a) From the outlet of Messalonskee Lake to its confluence with the Kennebec River, including all impoundments except Rice Rips Lake - Class C. (2) Messalonskee Stream, tributaries - Class B unless otherwise specified. (a) Rome Trout Brook in Rome - Class A. [PL 2003, c. 317, §8 (AMD).] F. Moose River Drainage. (1) Moose River, main stem. (a) Above its confluence with Number One Brook in Beattie Township - Class A. (b) From its confluence with Number One Brook in Beattie Township to its confluence with Attean Pond - Class AA. (c) From the outlet of Attean Pond to the Route 201 bridge in Jackman - Class A. (d) From the Route 201 bridge in Jackman to its confluence with Long Pond - Class B. (e) From the outlet of Long Pond to its confluence with Moosehead Lake - Class A. (2) Moose River, tributaries - Class A. [PL 1989, c. 228, §2 (RPR).] G. Sandy River Drainage. (1) Sandy River, main stem. (a) From the outlet of Sandy River Ponds to the Route 142 bridge in Phillips - Class AA. (b) From the Route 142 bridge in Phillips to its confluence with the Kennebec River - Class B. (2) Sandy River, tributaries - Class B unless otherwise specified. (a) All tributaries entering above the Route 142 bridge in Phillips - Class A unless otherwise specified. (a-1) South Branch Sandy River and its tributaries - Class AA. (a-2) Cottle Brook and its tributaries - Class AA. (b) Wilson Stream, main stem, below the outlet of Wilson Pond - Class C. (c) Mount Blue Stream and its tributaries - Class A. (d) Orbeton Stream above Toothaker Pond Road and its tributaries - Class AA. [PL 2021, c. 551, §24 (AMD).] H. Sebasticook River Drainage. (1) Sebasticook River, main stem, including all impoundments. (a) From the confluence of the East Branch and the West Branch to its confluence with the Kennebec River - Class C. (2) Sebasticook River, tributaries - Class B unless otherwise specified. (a) Sebasticook River, East Branch from the outlet of Corundel Lake to its confluence with the West Branch - Class C. (b) Sebasticook River, West Branch main stem, from the outlet of Great Moose Lake to its confluence with the East Branch, including all impoundments - Class C. (c) Johnson Brook and tributaries in Burnham - Class A. (d) Martin Stream and tributaries upstream of the Ridge Road in Plymouth - Class A. (e) Halfmoon Stream upstream of Route 220 in Thorndike and Knox - Class A. (f) Crosby Brook in Unity and Thorndike - Class A. (g) Hall Brook in Thorndike - Class A. [PL 2003, c. 317, §9 (RPR).] I. Kennebec River, minor tributaries - Class B unless otherwise specified. (1) All minor tributaries entering above Wyman Dam that are not otherwise classified - Class A. (2) All tidal portions of tributaries entering between the Sidney-Vassalboro-Augusta town line and a line drawn across the tidal estuary of the Kennebec River due east of Abagadasset Point - Class B, unless otherwise specified. (a) Eastern River from head of tide to its confluence with the Kennebec River - Class C. (3) Cold Stream, West Forks Plantation - Class AA. (4) Moxie Stream, Moxie Gore, below a point located 1,000 feet downstream of the Moxie Pond dam - Class AA. (5) Austin Stream and its tributaries above the highway bridge of Route 201 in the Town of Bingham - Class A. (6) East Branch Wesserunsett Stream above the downstream Route 150, Harmony Road, crossing in Athens - Class A. (7) Tributaries to East Branch Wesserunsett Stream - Class A. [PL 2019, c. 333, §2 (AMD).] [PL 2021, c. 551, §24 (AMD).]

5. Machias River Basin. A. Machias River, main stem. (1) From the outlet of Fifth Machias Lake to a point 100 feet upstream of the Route 1A bridge in Whitneyville - Class AA. (2) From a point 100 feet upstream of the Route 1A bridge in Whitneyville to tidewater - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [PL 1989, c. 764, §4 (AMD).] B. Machias River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below Route 1A in Whitneyville - Class B. (2) Mopang Stream, from the outlet of Mopang Second Lake to its confluence with the Machias River - Class AA. (3) Old Stream, from the outlet of First Lake to its confluence with the Machias River - Class AA. (4) West Branch of the Machias River, from the outlet of Lower Sabao Lake to its confluence with the Machias River - Class AA. (5) New Stream, in Northfield and Wesley - Class AA. (6) Crooked Stream, also known as Crooked River - Class AA. (7) Fletcher Brook and its tributaries - Class AA. (8) Magazine Brook - Class AA. (9) Bowles Brook in Day Block Township - Class AA. (10) Chain Lakes Stream, also known as Chain Lake Stream - Class AA. (11) Pembroke Stream in Day Block Township - Class AA. (12) Holmes Brook in Northfield - Class AA. (13) Bog Brook - Class AA. (14) Pineo Brook in Wesley - Class AA. (15) Black Brook in Township 25 Middle Division - Class AA. [PL 2021, c. 551, §§25-27 (AMD).] [PL 2021, c. 551, §§25-27 (AMD).]

5-A. Medomak River Basin. A. Medomak River, main stem. (1) From its source in the Town of Liberty to the Wagner Bridge Road in the Town of Waldoboro - Class A. (2) From the Wagner Bridge Road in the Town of Waldoboro to tidewater - Class B. [PL 2017, c. 137, Pt. B, §5 (AMD).] B. Medomak River, tributaries - Class A unless otherwise specified. [PL 1993, c. 32, §1 (NEW).] [PL 2017, c. 137, Pt. B, §5 (AMD).]

6. Mousam River Basin. A. Mousam River, main stem. (1) From the outlet of Mousam Lake to a point located 0.5 mile above Mill Street in Springvale - Class B. (2) From a point located 0.5 mile above Mill Street in Springvale to its confluence with Estes Lake - Class C. (3) From the outlet of Estes Lake to tidewater - Class B. [PL 1985, c. 698, §15 (NEW).] B. Mousam River, tributaries - Class B. [PL 1989, c. 764, §5 (AMD).] [PL 1989, c. 764, §5 (AMD).]

6-A. Narraguagus River Basin. A. Narraguagus River, main stem. (1) From the outlet of Eagle Lake to the confluence with the West Branch of the Narraguagus River in Cherryfield - Class AA. (2) From the confluence with the West Branch of the Narraguagus River in Cherryfield to tidewater - Class B. [PL 1989, c. 764, §6 (NEW).] B. Narraguagus River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below the river's confluence with the West Branch - Class B. (2) West Branch of the Narraguagus River in T.22 M.D. B.P.P., T.16 M.D. B.P.P., T.10 S.D. B.P.P. and Cherryfield - Class AA. Pursuant to section 464, subsection 4, paragraph F , subparagraph (2), the segment from the confluence of Pork Brook to the confluence of Manhanon Brook is not designated as an outstanding national resource. (3) Baker Brook - Class AA. (4) Pork Brook - Class AA. (5) Schoodic Brook - Class AA. (6) Shorey Brook - Class AA. (7) West Branch Stream in Township 34 Middle Division - Class AA. (8) Gould Brook in Township 28 Middle Division - Class AA. (9) Rocky Brook in Devereaux Township - Class AA. (10) Sinclair Brook in Devereaux Township - Class AA. (11) Humpback Brook in Township 28 Middle Division - Class AA. (12) Little Narraguagus River in Township 22 Middle Division and Township 28 Middle Division - Class AA. (13) Great Falls Branch downstream of Route 193 in Deblois, excluding any tributaries - Class AA. (14) Lawrence Brook - Class AA. [PL 2021, c. 503, §4 (AMD); PL 2021, c. 551, §28 (AMD).] [PL 2021, c. 503, §4 (AMD); PL 2021, c. 551, §28 (AMD).]

7. Penobscot River Basin. A. Penobscot River, main stem. (1) From the confluence of the East Branch and the West Branch to the confluence of the Mattawamkeag River, including all impoundments - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) From the confluence of the Mattawamkeag River to the confluence of Cambolasse Stream - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (3) From the confluence of Cambolasse Stream to the West Enfield Dam - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (5) From the West Enfield Dam to the Milford Dam, including all impoundments, and the Stillwater Branch - Class B. That portion of this segment upstream of the Milford Dam and upstream of the Gilman Falls Dam at Route 43 is subject to a sustenance fishing designated use pursuant to section 466‑A . (6) From the Milford Dam, but not including the Milford Dam, to the Maine Central Railroad bridge in Bangor-Brewer - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. (7) From the Maine Central Railroad bridge in Bangor to a line extended in an east-west direction from a point 1.25 miles upstream of the confluence of Reeds Brook in Hampden - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [PL 2019, c. 333, §3 (AMD); PL 2019, c. 463, §6 (AMD).] B. Penobscot River, East Branch Drainage. (1) East Branch of the Penobscot River, main stem. (a) Above its confluence with Grand Lake Mattagamon - Class A. (b) From the dam at the outlet of Grand Lake Mattagamon to a point located 1,000 feet downstream from the dam - Class A. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (c) From a point located 1,000 feet downstream from the dam at the outlet of Grand Lake Mattagamon to its confluence with the Mattaceunk impoundment as it existed on July 14, 1990 - Class AA. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (d) From its confluence with the Mattaceunk impoundment as it existed on July 14, 1990 to its confluence with the West Branch - Class B. Further, there may be no new direct discharges to this segment after January 1, 2019. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) East Branch of the Penobscot River, tributaries - Class A unless otherwise specified. (a) All tributaries, any portion of which is located within the boundaries of Baxter State Park - Class AA. (b) Sawtelle Brook, from a point located 1,000 feet downstream from the dam at the outlet of Sawtelle Deadwater to its confluence with the Seboeis River - Class AA. (c) Seboeis River, from the outlet of Snowshoe Lake to its confluence with the East Branch - Class AA. (d) Wassataquoik Stream, from the boundary of Baxter State Park to its confluence with the East Branch - Class AA. (e) Webster Brook, from a point located 1,000 feet downstream from the dam at the outlet of Telos Lake to its confluence with Webster Lake - Class AA. (f) All tributaries entering the East Branch Penobscot River from the west, any portion of which is located within the boundaries of the Katahdin Woods and Waters National Monument - Class AA. (g) Those segments of any tributary of the Sebois River that are located within the boundaries of the Katahdin Woods and Waters National Monument - Class AA. (h) Dry Brook, East Branch and West Branch Mud Brook and other tributaries located in T.3, R.7, W.E.L.S. that enter the East Branch Penobscot River from the east, any portion of which is located within the boundaries of the Katahdin Woods and Waters National Monument - Class AA. [PL 2021, c. 551, §§29-31 (AMD).] C. Penobscot River, West Branch Drainage. (1) West Branch of the Penobscot River, main stem. (a) From the dam at the outlet of Seboomook Lake to a point located 1,000 feet downstream from the dam at the outlet of Seboomook Lake - Class B. (b) From a point located 1,000 feet downstream from the dam at the outlet of Seboomook Lake to its confluence with Chesuncook Lake - Class A. (b-1) From its confluence with Chesuncook Lake to Ripogenus Dam - Class GPA as modified by section 464, subsection 9‑A . (c) From Ripogenus Dam through Ripogenus Gorge to the McKay powerhouse - Class B. (d) From the McKay powerhouse to a point located 1,000 feet downstream - Class A. (d-1) From a point located 1,000 feet downstream of the McKay powerhouse to its confluence with Ambajejus Lake - Class AA. (e) From the outlet of Elbow Lake to the outlet of Ferguson and Quakish Lakes - Class B. (f) From the outlet of Ferguson and Quakish Lakes to its confluence with Millinocket Stream - Class C. (g) From the confluence with Millinocket Stream to its confluence with the East Branch of the Penobscot River, including all impoundments - Class B. (2) West Branch of the Penobscot River, tributaries - Class A unless otherwise specified. (a) Those segments of any tributary that are located within the boundaries of Baxter State Park or the Katahdin Woods and Waters National Monument - Class AA. (b) Those tributaries entering between Ripogenus Dam and the confluence with Ambajejus Lake - Class AA. (c) Millinocket Stream, from the railroad bridge near the Millinocket-T.3 Indian Purchase boundary to its confluence with the West Branch Canal - Class B. (d) Millinocket Stream from the confluence of the West Branch Canal to its confluence with the West Branch of the Penobscot River - Class B. (e) Nahmakanta Stream and its tributaries including tributaries to Nahmakanta Lake and upstream lakes - Class AA. [PL 2021, c. 551, §§32-36 (AMD).] D. Mattawamkeag River Drainage. (1) Mattawamkeag River, main stem. (a) From the confluence of the East Branch and the West Branch to the Kingman-Mattawamkeag boundary - Class A. (b) From the Kingman-Mattawamkeag boundary to its confluence with the Penobscot River - Class AA. (2) Mattawamkeag River, tributaries - Class A unless otherwise specified. (a) East Branch Mattawamkeag River above Red Bridge - Class B. (d) West Branch Mattawamkeag River from its source at Rockabema Lake to its confluence with Mattawamkeag Lake - Class A. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . [PL 2019, c. 333, §6 (AMD); PL 2019, c. 463, §8 (AMD).] E. Piscataquis River Drainage. (1) Piscataquis River, main stem. (a) From the confluence of the East Branch and the West Branch to the Route 15 bridge in Guilford - Class A. (b) From the Route 15 bridge in Guilford to the Maine Central Railroad bridge in Dover-Foxcroft - Class B. (c) From the Maine Central Railroad bridge in Dover-Foxcroft to its confluence with the Penobscot River - Class B. (2) Piscataquis River, tributaries - Class B unless otherwise specified. (a) Except as otherwise provided, East and West Branches of the Piscataquis River and their tributaries above their confluence near Blanchard - Class A. (b) East Branch of the Piscataquis River from 1,000 feet below Shirley Pond to its confluence with the West Branch - Class AA. (c) Pleasant River, East Branch and its tributaries - Class A. (d) Pleasant River, West Branch, from the outlet of Fourth West Branch Pond to its confluence with the East Branch - Class AA. (e) Pleasant River, West Branch tributaries - Class A unless otherwise specified. (e-1) Houston Brook and its tributaries - Class AA. (f) Sebec River and its tributaries above Route 6 in Milo - Class A. (g) West Branch of the Piscataquis River from 1,000 feet below West Shirley Bog to its confluence with the East Branch - Class AA. (h) Black Stream - Class A. (i) Cold Stream - Class A. (j) Kingsbury Stream - Class A. (k) Schoodic Stream and its tributaries - Class A. (l) Scutaze Stream and its tributaries - Class A. (m) Seboeis Stream, including East and West Branches, and tributaries - Class A. (n) Alder Stream and its tributaries - Class A. [PL 2021, c. 551, §§37-40 (AMD).] F. Penobscot River, minor tributaries - Class B unless otherwise specified. (2) Great Works Stream (Bradley) and its tributaries above the Route 178 bridge - Class A. (3) Kenduskeag Stream (Bangor) below the Bullseye Bridge - Class C. (4) Mattanawcook Stream (Lincoln) below the outlet of Mattanawcook Pond - Class C. (5) Olamon Stream and its tributaries above the bridge on Horseback Road - Class A. (6) Passadumkeag River and its tributaries - Class A, unless otherwise specified. (a) Passadumkeag River from the Pumpkinhill Dam to its confluence with the Penobscot River - Class AA. (b) Ayers Brook - Class AA. (7) Souadabscook Stream above head of tide - Class AA. (7-A) Souadabscook Stream, tributaries of - Class B, unless otherwise specified. (a) West Branch Souadabscook Stream (Hampden, Newburgh) - Class A. (b) Brown Brook (Hampden) - Class A. (8) Sunkhaze Stream and its tributaries - Class AA. (9) Birch Stream - Class A. (10) Hemlock Stream - Class A. (11) Mattamiscontis Stream and its tributaries - Class A. (12) Medunkeunk Stream and its tributaries - Class A. (13) Rockabema Stream - Class A. (14) Salmon Stream - Class A. (15) Salmon Stream in Winn - Class A. (16) Little Salmon Stream in Medway - Class A. (17) Narrimissic River, also known as Narramissic River, in Bucksport and Orland, including all impoundments - Class B. [PL 2021, c. 551, §§41, 42 (AMD).] [PL 2021, c. 551, §§29-42 (AMD).]

8. Pleasant River Basin. A. Pleasant River, main stem. (1) From the outlet of Pleasant River Lake to the Maine Central Railroad bridge - Class AA. (2) From the Maine Central Railroad bridge to tidewater - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. [PL 1989, c. 764, §8 (AMD).] B. Pleasant River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below the Maine Central Railroad bridge - Class B. (2) Bog Stream (Deblois) - Class B. (3) Beaver Meadow Brook (Deblois) - Class B. (4) Eastern Little River in Columbia Falls - Class AA. (5) Western Little River from its confluence with Montegail Stream to the Pleasant River in Columbia, Township 18 Middle Division and Township 19 Middle Division - Class AA. [PL 2003, c. 663, §4 (AMD).] [PL 2003, c. 663, §4 (AMD).]

9. Presumpscot River Basin. A. Presumpscot River, main stem. (1) From the outlet of Sebago Lake to its confluence with Dundee Pond - Class A. (1-A) From the outlet of Dundee Pond to its confluence with the Pleasant River - Class A. For the purposes of water quality certification of the hydropower project at the Dundee Dam under the Federal Water Pollution Control Act, Public Law 92-500, Section 401, as amended, and licensing modifications to this hydropower project under section 636 and any other licensing proceeding affecting this project, the habitat characteristics and aquatic life criteria of Class A are deemed to be met in the waters immediately downstream and measurably affected by that project if the criteria of section 465, subsection 3, paragraphs A and C are met. (2) From its confluence with the Pleasant River to U.S. Route 202 - Class B. Further, there may be no new direct discharges to this segment after January 1, 1999. (3) From U.S. Route 202 to Saccarappa Falls, also known as Sacarappa Falls - Class B. (4) From Saccarappa Falls, also known as Sacarappa Falls, to tidewater - Class C. For the period beginning October 15, 2023 and ending January 1, 2028, there may be no new direct discharges to this segment except for any new direct storm water discharges licensed under section 413 , section 420‑D or article 6 . [PL 2023, c. 295, §1 (AMD).] B. Presumpscot River, tributaries - Class A unless otherwise specified. (1) All tributaries entering below the outlet of Sebago Lake - Class B. (2) Crooked River and its tributaries, except as otherwise provided, excluding existing impoundments - Class AA. (3) Stevens Brook (Bridgton) - Class B. (4) Mile Brook, also known as Mill Brook, (Casco) - Class B. [PL 2017, c. 137, Pt. B, §8 (AMD).] [PL 2023, c. 295, §1 (AMD).]

10. Narraguagus River Basin. [PL 1999, c. 277, §13 (RP).]

11. Royal River Basin. A. Royal River, main stem. (1) From the outlet of Sabbathday Pond to its confluence with Collyer Brook - Class A. (2) From its confluence with Collyer Brook to tidewater - Class B. [PL 1999, c. 277, §14 (AMD).] B. Royal River, tributaries - Class B unless otherwise specified. (1) Collyer Brook from Route 202 to the confluence with the Royal River - Class A. [PL 2003, c. 317, §14 (AMD).] [PL 2003, c. 317, §14 (AMD).]

12. Saco River Basin. A. Saco River, main stem. (1) From the Maine-New Hampshire boundary to its confluence with the impoundment of the Swan's Falls Dam - Class A. (2) From its confluence with the impoundment of the Swan's Falls Dam to a point located 1,000 feet below the Swan's Falls Dam - Class A. (3) From a point located 1,000 feet below the Swan's Falls Dam to its confluence with the impoundment of the Hiram Dam - Class AA. (4) From its confluence with the impoundment of the Hiram Dam to a point located 1,000 feet below the Hiram Dam - Class A. (5) From a point located 1,000 feet below the Hiram Dam to its confluence with the Little Ossipee River - Class AA. (6) From its confluence with the Little Ossipee River to the West Buxton Dam, including all impoundments - Class A. (7) From the West Buxton Dam to its confluence with the impoundment formed by the Bar Mills Dam - Class A. (8) From its confluence with the impoundment formed by the Bar Mills Dam to the confluence with the impoundment formed by the Skelton Dam - Class A. (9) From Skelton Dam to its confluence with the impoundment formed by the Cataract Project Dams - Class A. (10) From the confluence with the impoundment formed by the Cataract Project Dams to the Interstate 95 bridge, including all impoundments - Class A. (11) From the Interstate 95 bridge to tidewater - Class B. [PL 2003, c. 317, §15 (AMD).] B. Saco River, tributaries, those waters lying within the State - Class B unless otherwise specified. (1) All tributaries entering above the confluence of the Ossipee River lying within the State and not otherwise classified - Class A. (2) Wards Brook (Fryeburg) - Class C. (3) Buff Brook (Waterboro) - Class A. (4) Ossipee River Drainage, those waters lying within the State - Class B unless otherwise specified. (a) Emerson Brook in Parsonsfield - Class A. (b) South River and its tributaries (Parsonsfield), those waters lying within the State - Class A. (5) Back Brook and its tributaries (Limington) - Class A. [PL 2019, c. 333, §7 (AMD).] [PL 2019, c. 333, §7 (AMD).]

13. St. Croix River Basin. A. St. Croix River, main stem. (1) Except as otherwise provided, from the outlet of Chiputneticook Lakes to its confluence with the Woodland Lake impoundment, those waters lying within the State - Class A. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) Those waters impounded in the Grand Falls Flowage including those waters between Route 1 (Princeton and Indian Township) and Grand Falls Dam - Class GPA. These waters are subject to a sustenance fishing designated use pursuant to section 466‑A . (3) Woodland Lake impoundment - Class C. (4) From the Woodland Dam to tidewater, those waters lying within the State, including all impoundments - Class C. [PL 2019, c. 463, §9 (AMD).] B. St. Croix River, tributaries, those waters lying within the State - Class B unless otherwise specified. (1) All tributaries entering upstream from the dam at Calais, the drainage areas of which are wholly within the State - Class A unless otherwise classified. (2) Tomah Stream - Class AA. This stream is subject to a sustenance fishing designated use pursuant to section 466‑A . (3) Monument Brook - Class A. (4) Waters connecting the Chiputneticook Lakes, including The Thoroughfare, Forest City Stream and Mud Lake Stream - Class A. (5) Berry Brook, George Brook, Huntley Brook, Musquash Stream, Flipper Creek, Patten Pond Stream and all segments of the West Branch of the St. Croix River between the West Grand Lake Dam and Route 1 - Class A. These waters are subject to a sustenance fishing designated use pursuant to section 466‑A . [PL 2019, c. 463, §9 (AMD).] [PL 2019, c. 463, §9 (AMD).]

14. St. George River Basin. A. St. George River, main stem. (1) From the outlet of Little Pond to a point located 2,000 feet below the pond - Class A. (2) From a point located 2,000 feet below the outlet of Little Pond to the confluence with Stevens Pond, from the outlet of Stevens Pond to the confluence with Trues Pond and from the outlet of Trues Pond to the confluence with Sennebec Pond - Class AA. Pursuant to section 464, subsection 4, paragraph F , subparagraph (2), the segment from the Ghent Road bridge to the Camden Road/Route 105 bridge is not designated as an outstanding national resource. (3) From the outlet of Sennebec Pond to Route 90, excluding segments that are great ponds - Class A. (4) From Route 90 to tidewater - Class B. [PL 2021, c. 503, §5 (AMD).] B. St. George River, tributaries - Class A unless otherwise specified. (1) Quiggle Brook (Warren, Union, Hope) - Class B. (2) All tributaries entering downstream of Route 90 in Warren - Class B. [PL 1989, c. 764, §15 (RPR).] [PL 2021, c. 503, §5 (AMD).]

15. St. John River Basin. A. St. John River, main stem. (1) From the confluence of the Northwest Branch and the Southwest Branch to a point located one mile above the foot of Big Rapids in Allagash - Class AA. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) From a point located one mile above the foot of Big Rapids in Allagash to the international bridge in Fort Kent, those waters lying within the State, including all impoundments - Class A. (3) From the international bridge in Fort Kent to the international bridge in Madawaska, those waters lying within the State, including all impoundments - Class B. (4) From the international bridge in Madawaska to where the international boundary leaves the river in Hamlin, those waters lying within the State, including all impoundments - Class C. [PL 2019, c. 463, §10 (AMD).] B. Allagash River Drainage. (1) Allagash River, main stem. (a) From Churchill Dam to a point located 1,000 feet downstream from Churchill Dam - Class A. (b) From a point located 1,000 feet downstream from Churchill Dam to its confluence with Gerald Brook in Allagash - Class AA. (c) From its confluence with Gerald Brook in Allagash to its confluence with the St. John River - Class A. (2) Allagash River, tributaries - Class A unless otherwise specified. (a) Allagash Stream, from the outlet of Allagash Lake to its confluence with Chamberlain Lake - Class AA. (b) Chemquasabamticook Stream, from the outlet of Chemquasabamticook Lake to its confluence with Long Lake - Class AA. (c) Musquacook Stream, from the outlet of Third Musquacook Lake to its confluence with the Allagash River - Class AA. [PL 1989, c. 764, §16 (RPR).] C. Aroostook River Drainage. (1) Aroostook River, main stem. (a) From the confluence of Millinocket Stream and Munsungan Stream to the Route 11 bridge - Class AA. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . Pursuant to section 464, subsection 4, paragraph F , subparagraph (2), the segment from the confluence of St. Croix Stream to the confluence of Scopan Stream and the segment starting 1,500 feet upstream from the confluence of the Machias River to the Route 11 bridge are not designated as outstanding national resources. (b) From the Route 11 bridge to the Sheridan Dam - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (c) From the Sheridan Dam to its confluence with Presque Isle Stream, including all impoundments - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (d) From its confluence with Presque Isle Stream to a point located 3.0 miles upstream of the intake of the Caribou water supply, including all impoundments - Class C. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (e) From a point located 3.0 miles upstream of the intake of the Caribou water supply to a point located 100 yards downstream of the intake of the Caribou water supply, including all impoundments - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (f) From a point located 100 yards downstream of the intake of the Caribou water supply to the international boundary, including all impoundments - Class C. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) Aroostook River, tributaries, those waters lying within the State - Class A unless otherwise specified. (a) All tributaries of the Aroostook River entering below the confluence of the Machias River that are not otherwise classified - Class B. (b) Little Machias River and its tributaries - Class A. (c) Little Madawaska River and its tributaries, including Madawaska Lake tributaries above the Caribou-Connor Township line - Class A. (d) Machias River, from the outlet of Big Machias Lake to the Aroostook River - Class AA. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . Pursuant to section 464, subsection 4, paragraph F , subparagraph (2), the segment from one mile upstream of the Garfield Road bridge to the confluence with the Aroostook River is not designated as an outstanding national resource. (e) Millinocket Stream, from the outlet of Millinocket Lake to its confluence with Munsungan Stream - Class AA. (f) Munsungan Stream, from the outlet of Little Munsungan Lake to its confluence with Millinocket Stream - Class AA. (g) Presque Isle Stream and its tributaries above the Mapleton-Presque Isle town line - Class A. (h) St. Croix Stream from its confluence with Hall Brook in T.9, R.5, W.E.L.S. to its confluence with the Aroostook River - Class AA. (j) Scopan Stream from the outlet of Scopan Lake to its confluence with the Aroostook River - Class C. (k) Limestone Stream from the Long Road bridge to the Canadian border - Class C. (l) Beaver Brook and its tributaries (T.14 R.6 W.E.L.S., T.14 R.5 W.E.L.S., T.13 R.5 W.E.L.S., Portage Lake, Ashland, Castle Hill) - Class A. (m) Gardner Brook and its tributaries (T.14 R.5 W.E.L.S., T.13 R.5 W.E.L.S., Wade) - Class A. (n) Salmon Brook and its tributaries (Perham, Westmanland) above Route 228 crossing on main stem in Perham - Class A. (o) West Branch Salmon Brook and its tributaries (Wade, Perham, T.14 R.5 W.E.L.S.) above the Washburn-Wade town line - Class A. [PL 2021, c. 503, §§6, 7 (AMD).] D. Fish River Drainage. (1) Fish River, main stem. (a) From the outlet of Mud Pond to its confluence with St. Froid Lake - Class AA. (b) From the outlet of St. Froid Lake to its confluence with Eagle Lake - Class A. (c) From the outlet of Eagle Lake to its confluence with Perley Brook - Class A. (d) From its confluence with Perley Brook to the St. John River - Class B. (2) Fish River, tributaries - Class B unless otherwise specified. (a) All tributaries entering above the Route 11 bridge - Class A. [PL 1999, c. 277, §20 (AMD).] E. Meduxnekeag River Drainage. (1) Meduxnekeag River, main stem. (a) From the outlet of Meduxnekeag Lake to the international boundary - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (2) Meduxnekeag River, tributaries - Class B unless otherwise specified. (a) North Branch of the Meduxnekeag River and its tributaries above the Monticello - T.C, R.2, W.E.L.S. boundary - Class A. (a-1) The North Branch of the Meduxnekeag River and its tributaries, including Dead Stream, from the source in T.8 R.3 W.E.L.S. to the international boundary are subject to a sustenance fishing designated use pursuant to section 466‑A . (b) Moose Brook and its tributaries, upstream of the Ludlow Road in Ludlow - Class A. (c) South Branch of the Meduxnekeag River and its tributaries, upstream of the Oliver Road in Cary - Class A. (d) Captain Ambrose Bear Stream and tributaries upstream of the Burnt Brow Bridge in Hammond - Class A. (e) All tributaries from the outlet of Meduxnekeag Lake to the international boundary are subject to a sustenance fishing designated use pursuant to section 466‑A . [RR 2019, c. 1, Pt. A, §75 (COR).] F. St. John River, minor tributaries, those waters lying within the State - Class A unless otherwise specified. (1) Except as otherwise classified, all minor tributaries of the St. John River entering below the international bridge in Fort Kent, those waters lying within the State - Class B. (2) Baker Stream and Baker Branch of the St. John River, from the headwaters at the Upper First St. John Pond to their confluence with the Southwest Branch - Class AA. (3) Big Black River, from the international boundary to its confluence with the St. John River - Class AA. (4) Northwest Branch, from the outlet of Beaver Pond in T.12, R.17, W.E.L.S. to its confluence with the St. John River - Class AA. (5) Prestile Stream from its source to Route 1A in Mars Hill - Class A. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (a) Prestile Stream from Route 1A in Mars Hill to the international boundary - Class B. This segment is subject to a sustenance fishing designated use pursuant to section 466‑A . (6) Southwest Branch, from a point located 5 miles downstream of the international boundary to its confluence with the Northwest Branch - Class AA. (7) Violette Stream and its tributaries, from its source to the confluence with Caniba Brook - Class A. [PL 2021, c. 551, §45 (AMD).] [PL 2021, c. 503, §§6, 7 (AMD); PL 2021, c. 551, §45 (AMD).]

16. Salmon Falls River Basin. A. Salmon Falls River, main stem. (1) From the outlet of Great East Lake to the Route 9 bridge - Class B. (2) From the Route 9 bridge to tidewater - Class C. [PL 1999, c. 277, §21 (AMD).] B. Salmon Falls River, tributaries, those waters lying within the State - Class B unless otherwise specified. (1) Chicks Brook (South Berwick, York) - Class A. (2) Little River and its tributaries (Berwick, North Berwick, Lebanon) - Class A. [PL 2009, c. 163, §12 (AMD).] [PL 2009, c. 163, §12 (AMD).]

17. Sheepscot River Basin. A. Sheepscot River, main stem. (1) From its origin in Montville to Sheepscot Lake - Class A. (2) From Sheepscot Lake to Route 17 - Class B. Further, the Legislature finds that the free-flowing habitat of this river segment provides irreplaceable social and economic benefits and that this use must be maintained. (3) From Route 17 to tidewater - Class AA. [PL 2003, c. 317, §19 (RPR).] B. Sheepscot River, tributaries - Class B unless otherwise specified. (1) West Branch of the Sheepscot River, main stem, from the outlet of Branch Pond to its confluence with the Sheepscot River - Class AA. (2) Trout Brook - Class A. (3) Choate Brook - Class A. (4) Weaver Brook - Class A. (5) Ben Brook - Class A. (6) Finn Brook - Class A. (7) Hewitt Brook - Class A. (8) Dearborn Brook - Class A. (9) Culvert Pond Brook - Class A. [PL 2003, c. 317, §19 (RPR).] [PL 2003, c. 317, §19 (AMD).]

18. Union River Basin. A. Union River, main stem. (1) From the outlet of Graham Lake to tidewater - Class B. [PL 1989, c. 764, §19 (RPR).] B. Union River, tributaries - Class A unless otherwise specified. (1) Tributaries entering below the outlet of Graham Lake - Class B. (2) Outlet of Green Lake (Ellsworth) - Class B. [PL 1989, c. 764, §19 (NEW).] [PL 1989, c. 764, §19 (RPR).]
38 M.R.S. § 1105 — ME Code / Title 38 / Chapter 11 / Section 1105
38 §1105. Election of trustees
Status: in_force

Trustees shall be nominated and elected in the same manner as municipal officers are nominated and elected under Title 30‑A , or in accordance with a municipal charter, whichever is applicable; or, in the case of unorganized territory, in accordance with the procedure for the organization of larger townships set forth in Title 30‑A, section 7001, subsection 2 . Upon receipt of the names of all the trustees, the Commissioner of Environmental Protection shall set a time, place and date for the first meeting of the trustees, notice thereof to be given to the trustees by certified or registered mail, return receipt requested, mailed at least 10 days prior to the date set for the meeting, to determine the length of their terms. The terms are determined by lot in accordance with the following table: TERM Total number of Trustees 1 year 2 years 3 years 5 1 2 2 6 2 2 2 7 2 2 3 8 2 3 3 9 3 3 3 10 3 3 4 11 3 4 4 12 4 4 4 13 4 4 5 14 4 5 5 15 5 5 5 16 5 5 6 17 5 6 6 18 6 6 6 [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §214 (AMD).]

In the case of a sanitary district whose territory does not extend beyond the boundaries of a single municipality and whose territory encompasses less than the entire area of the municipality, when the term of office of a trustee expires, the trustee's successor must be elected at large by a plurality vote of the voters within the territory of the district. [PL 1999, c. 299, §2 (NEW).]

They shall organize by election from their own members a chair, a vice-chair, a treasurer and a clerk and choose and employ and fix the compensation of such other necessary officers and agents who serve at their pleasure, and they shall adopt a corporate seal. Prior to the election of those officers each trustee must be sworn to the faithful performance of the trustee's duties. [RR 2021, c. 2, Pt. B, §270 (COR).]

The trustees may from time to time adopt, establish and amend by bylaws consistent with the laws of the State of Maine, and necessary for their own convenience and the proper management of the affairs of the district and perform any other acts within the powers delegated to them by law. [PL 1965, c. 310 (NEW).]

After the original organizational meeting the trustees shall meet annually at a time determined by their bylaws for the purpose of electing from among the members a chair, vice-chair, treasurer and clerk to serve until the next annual election and until their successors are elected and qualified. The treasurer shall furnish bond in such sum and with such sureties as the trustees approve, the cost thereof to be paid by the district. The chair, vice-chair, treasurer and clerk may receive such compensation for serving in these capacities as the trustees determine. This compensation is in addition to the compensation payable to them as trustees. The trustees shall make and publish an annual report including a report of the treasurer. [RR 2021, c. 2, Pt. B, §271 (COR).]

At the expiration of the terms so determined the vacancy shall be filled for a term of 3 years and the trustees shall notify the municipal officers of the municipalities within the sanitary district before the annual town meeting or before the regular city election if a city falls within the sanitary district; or, in the case of unorganized territory, the trustees shall notify the commissioners of the county wherein the unorganized territory, encompassed by the sanitary district, is located, of the fact that a vacancy will occur so that the municipal officers in these municipalities or the county commissioners, as the case may be, may provide for the election of a trustee or trustees to fill the vacancy that will occur. All trustees shall serve until their successors are elected and qualified. The trustees shall receive compensation as recommended by them and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the district, including compensation for any duties they perform as officers as well as for their duties as trustees. Certification thereof shall be recorded with the Secretary of State and recorded in the bylaws. Their compensation for duties as trustees shall be on the basis of such specific amount as may be specified in the bylaws, each meeting actually attended and reimbursement for travel and expenses, with the total not to exceed such specific amount as may be specified in the bylaws. Compensation schedules in effect in January 1, 1982, shall continue in effect until changed. [PL 1981, c. 466, §4 (AMD).]

When a vacancy on the board of trustees occurs by reason of death, resignation or otherwise, the municipal officers of the municipality that the trustee represented shall fill the vacancy by electing a trustee from the municipality to serve until the municipality fills the vacancy at its next annual town meeting or next regular city election. In the case of a vacancy in the office of a trustee representing unorganized territory, the commissioners of the county wherein such unorganized territory is located shall fill the vacancy by electing a trustee from such unorganized territory and resident within the boundaries of the sanitary district until the next election of trustees is held. The person so chosen shall serve until that person's successor is elected and qualified. In case any member of the board of trustees removes from the municipality that the member represents, or, in the case of a trustee representing unorganized territory, in case such trustee removes without the boundaries of the sanitary district, a vacancy must be declared to exist by the board of trustees, and the municipal officers or the county commissioners, as the case may be, shall thereafter choose another trustee as provided. [RR 2021, c. 2, Pt. B, §272 (COR).]

A member of the board of trustees may not be employed for compensation as an employee or in any other capacity by the sanitary district of which the member is a trustee, except as provided. [RR 2021, c. 2, Pt. B, §273 (COR).]
38 M.R.S. § 1063 — ME Code / Title 38 / Chapter 11 / Section 1063
38 §1063. Purpose
Status: in_force

The purpose of each sanitary district formed under this chapter shall be to construct, maintain, operate and provide a system of sewerage, sewage and commercial and industrial waste disposal and sewage treatment and of storm and surface water drainage, for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 1755 — ME Code / Title 38 / Chapter 17 / Section 1755
38 §1755. Power of assessment for expenses and costs not covered by other district revenues
Status: in_force

1. Power of assessment; question. At such time as the question of the formation of the proposed district and other questions relating thereto are submitted to the legal voters of the various municipalities comprising the proposed district, an additional question may be submitted with regard to granting the district assessment power, which question shall be in substantially the following form: To see if the residents of the town (or city) of (name of town or city) will grant assessment authority to the directors of (name of district) over the member municipalities which are to comprise the district for the purpose of paying expenses and costs of the district which are not covered by other district revenues. The assessments so authorized shall be shared by member municipalities of the district under the same formula as guarantees are shared pursuant to section 1754 , and the referendum ballot shall include a statement listing the fractional share of the assessment to be borne by the member municipality. [PL 1983, c. 820, §2 (NEW).]

2. Subsequent question. Subsequent to the formation of the district, if assessment authority was not conferred upon the district at the time of formation, the question may be addressed to the legal voters of the district in substantially the same form as prescribed pursuant to subsection 1 . Where a vote is taken under this subsection after formation of the district, the votes shall be counted in each municipality and the affirmative vote of a simple majority of votes cast shall be required in each municipality in order for the question to pass. The assessments so authorized shall be shared by member municipalities of the district under the same formula as guarantees are shared pursuant to section 1754 , and the referendum ballot shall include a statement listing the fractional share of the assessment to be borne by the member municipality. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 451-A — ME Code / Title 38 / Chapter 3 / Section 451-A
38 §451-A. Time schedule variances
Status: in_force

1. Power to grant variances. The department may grant a variance from any statutory water pollution abatement requirement, pursuant to section 414‑A, subsection 1, paragraph D , to any municipality or quasi-municipal entity, hereinafter called the "municipality," upon application by it. The department may grant a variance only upon a finding that: A. Federal funds for the construction of municipal waste water treatment facilities are not available for the project; [PL 1983, c. 566, §26 (AMD).] B. The municipality has demonstrated that it has completed preliminary plans acceptable to the department for the treatment of municipal wastes and for construction of that portion of the municipal sewage system intended to be served by the planned municipal treatment plant when that plant first begins operations; and [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §51 (AMD).] C. Beginning on October 1, 1976, the municipality shall collect, from each discharger into its sewage system and each discharger not connected to the sewage system that has signed an approved agreement with the municipality pursuant to subsection 2 , a fee sufficient to equal their proportionate share of the actual current cost of operating the sewage system for which preliminary plans have been completed and approved pursuant to paragraph B . Actual current costs include but are not limited to preliminary plans, final design plans, site acquisition, legal fees, interest fees, sewer system maintenance and rehabilitation and other administrative costs. A municipality may provide, when permitted under the federal construction grant program, that in lieu of such annual fees paid by dischargers, the municipality may apportion an appropriate amount from general revenues to cover that share of fees to be paid by dischargers. The funds collected or apportioned pursuant to this paragraph and interest collected thereon must be invested and expended pursuant to Title 30‑A, subpart 9 . Any funds paid by a discharger or discharger not connected to the sewage system pursuant to this paragraph may be credited to the account of the discharger if the municipality is subsequently reimbursed by the federal construction grant program. The credit arrangement must be determined by agreement between the municipality and the discharger. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §51 (AMD).] Variances are issued for a term certain not to exceed 3 years, and may be renewed, except that no variance may run longer than the time specified for completion of the municipal waste treatment facility. Notwithstanding the provisions of this subsection, no variance issued under this section may extend beyond July 1, 1988. Upon notice of the availability of federal funds, the municipality shall present to the department for approval an implementation schedule for designing, constructing and placing the waste collection and treatment facilities in operation. Variances may be conditioned upon reasonable and necessary terms relating to appropriate interim measures to be taken by the municipality to maintain or improve water quality. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §51 (AMD).]

1-A. Time schedule for salt and sand-salt storage program. An owner or operator of a salt or sand-salt storage area is not in violation of any groundwater classification or reclassification adopted on or after January 1, 1980 with respect to discharges to the groundwater from those facilities, if the owner or operator has completed all steps required to be completed by the schedules set forth in this subchapter. The commissioner shall administer this schedule according to the project priority list adopted by the board pursuant to section 411 and the provisions of this subsection. A municipal or county site classified as Priority 4 or Priority 5 as of April 1, 2000, which was registered pursuant to section 413 prior to October 15, 1997, is not in violation of any groundwater classification or reclassification with respect to discharges to the groundwater from those facilities. A. Preliminary notice for municipal and county Priority 3 projects must be completed and submitted to the Department of Transportation within 2 months of receipt of a certified letter from the Department of Transportation notifying the municipality or county of funds available for the construction of a facility. [PL 2013, c. 523, §3 (AMD).] B. [PL 1999, c. 387, §5 (RP).] C. [PL 1999, c. 387, §5 (RP).] D. For municipal and county Priority 3 projects, review of final plans with the Department of Transportation must be completed within 14 months of receipt of a certified letter from the Department of Transportation notifying the municipality or county of funds available for the construction of a facility. [PL 2013, c. 523, §3 (AMD).] E. Construction of municipal and county Priority 3 projects must be completed and the facility must be in operation within 26 months of receipt of a certified letter from the Department of Transportation notifying the municipality or county of funds available for the construction of a facility. [PL 2013, c. 523, §3 (AMD).] In no case may violations of the lowest groundwater classification be allowed. In addition, no violations of any groundwater classifications adopted after January 1, 1980 may be allowed for more than 26 months from the date of an offer of a state grant for the construction of those facilities. The department may not issue time schedule variances under subsection 1 to owners or operators of salt or sand-salt storage areas. An owner or operator of a salt or sand-salt storage area who is in compliance with this section is exempt from the requirements of licensing under section 413, subsection 2‑D . An owner or operator is not in violation of a schedule established pursuant to this subsection if the owner or operator is eligible for a state grant to implement the schedule and the state grant is not available. [PL 2013, c. 523, §3 (AMD).]

1-B. Department of Transportation storage areas. A sand and salt storage area owned by the Department of Transportation and registered prior to October 1, 1999 is not in violation of a groundwater classification or reclassification adopted on or after January 1, 1980 with respect to discharges of groundwater from that area if: A. The Department of Transportation biennially submits to the Legislature a budget request sufficient to comply with this subsection and section 413 ; [PL 2003, c. 502, §2 (NEW).] B. Prior to the use of funds appropriated by the Legislature to carry out the purposes of this subsection, the Department of Transportation presents to the department for comment and response a plan for the use of those funds by outlining a sand and salt storage area specific expenditure plan to prevent pollution, avoid future abatement or clean-up costs and comply with applicable federal guidelines; and [PL 2003, c. 502, §2 (NEW).] C. The Department of Transportation reports annually to the department on the status of available funds and the department determines that pursuant to this report the Department of Transportation is making timely use of the funds consistent with the plan and comments provided pursuant to paragraph B . [PL 2003, c. 502, §2 (NEW).] [PL 2003, c. 502, §2 (NEW).]

2. Exemptions. Any person, other than a municipality, maintaining a discharge subject to the requirements of sections 413 , 414 and 414‑A is exempt from the requirements of section 414‑A, subsection 1, paragraph D , if, by July 1, 1976 or on the commencement of a licensed discharge, whichever occurs later, such discharger presents to the Department of Environmental Protection and receives approval of a contract agreeing to connect to the existing or planned municipal sewage system immediately upon completion of construction and commencement of operation of such treatment plant. Such contract must insure that, in the case of a new discharge, such new discharge will not cause serious water quality problems, including but not limited to downgrading the receiving waters so as to make them unsuitable for currently existing uses. For the purpose of this section, a "new discharge" is a discharge that commences or a discharge that changes characteristics or increases licensed volume by more than 10% on or after October 1, 1975. [PL 2015, c. 329, Pt. A, §23 (AMD).]

3. Failure to comply with agreement. Failure to comply with any of the terms of an agreement approved pursuant to subsection 2 shall immediately render such agreement null and void and discharges included in such an agreement shall immediately cease or shall only discharge in accordance with the standards of best practicable treatment specified in section 414‑A, subsection 1, paragraph D , and all other requirements of sections 414 and 414-A. [PL 1975, c. 209 (NEW).]

4. Pretreatment systems. Where a discharger otherwise exempted from constructing treatment facilities pursuant to this section will be required to pretreat effluents before discharge into the municipal system pursuant to any requirement of state or federal law, the pretreatment system shall be installed upon commencement of the discharge. [PL 1983, c. 566, §27 (AMD).]

5. Fees. Municipalities and quasi-municipal entities shall assess and collect the fees to be charged pursuant to this section in accordance with the provisions of chapter 11 , and Title 30‑A, chapters 161 and 213 . [PL 1987, c. 737, Pt. C, §§89, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §8, 10 (AMD).]

6. Power to grant variances to owners of private dwellings. [PL 1983, c. 566, §28 (RP).]

7. Power to grant variances to owners of a single family dwelling. [PL 1987, c. 180, §3 (RP); PL 1987, c. 192, §15 (RP).]
38 M.R.S. § 420 — ME Code / Title 38 / Chapter 3 / Section 420
38 §420. Certain deposits and discharges prohibited
Status: in_force

No person, firm, corporation or other legal entity shall place, deposit, discharge or spill, directly or indirectly, into the ground water, inland surface waters or tidal waters of this State, or on the ice thereof, or on the banks thereof so that the same may flow or be washed into such waters, or in such manner that the drainage therefrom may flow into such waters, any of the following substances: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §37 (AMD).]

1. Mercury. [PL 1999, c. 500, §1 (RP).]

1-A. Mercury. [PL 2001, c. 418, §2 (RP).]

1-B. Mercury. Facilities discharging mercury into the waters of the State shall make reasonable progress to develop, incorporate and continuously improve pollution prevention practices, and implement economically achievable future improvements in wastewater technology, in order to reduce their dependence upon mercury products, reduce or remove discharges of mercury over time, and help in the restoration of the waters of the State. This subsection establishes ambient water quality criteria for mercury that identify that level of mercury considered safe for human health and the environment. A. The ambient criteria for mercury are as follows: (1) Ambient water quality criteria for aquatic life: (a) Freshwater acute: 1.7 micrograms per liter; (b) Freshwater chronic: 0.91 micrograms per liter; (c) Saltwater acute: 2.1 micrograms per liter; and (d) Saltwater chronic: 1.1 micrograms per liter; and (2) Fish tissue residue criterion for human health: 0.2 milligrams per kilogram in the edible portion of fish for all waters, except for those water body segments subject to a sustenance fishing designated use pursuant to article 4‑A , which must have a fish tissue residue criterion for human health of 0.03 milligrams per kilogram in the edible portion of fish. [PL 2019, c. 463, §1 (AMD).] B. A facility is not in violation of the ambient criteria for mercury if: (1) The facility is in compliance with an interim discharge limit established by the department pursuant to section 413, subsection 11 ; or (2) The facility is in compliance with a remediation or corrective action plan, license or order approved either by the department pursuant to section 1301 , 1304 , 1319 , 1364 or 1365 , or by the United States Environmental Protection Agency under federal law with the concurrence of the department. [PL 2001, c. 418, §3 (NEW).] C. The department may establish a site-specific bioaccumulation factor for mercury when there is sufficient information to indicate that a site-specific bioaccumulation factor will be protective of human health and wildlife. A site-specific bioaccumulation factor may only be established: (1) As part of a licensing proceeding pursuant to section 413 by the department; or (2) As part of a remediation or corrective action plan, license or order approved either by the department pursuant to section 1301 , 1304, 1319, 1364 or 1365, or by the United States Environmental Protection Agency under federal law with the concurrence of the department. [PL 2017, c. 137, Pt. A, §9 (AMD).] D. The department shall establish by rule a statewide bioaccumulation factor protective of 95% of the waters of the State based upon data of acceptable quality and representing the species consumed by the public following guidelines published by the United States Environmental Protection Agency. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 418, §3 (NEW).] E. The department shall establish by rule statewide ambient water quality criteria for mercury concerning wildlife based upon data of acceptable quality from the State or the United States Environmental Protection Agency. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 418, §3 (NEW).] F. The department may require mercury testing once per year for facilities that maintain at least 5 years of mercury testing data. [PL 2011, c. 194, §1 (NEW).] The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by January 15, 2005 and by January 15th every 5th year thereafter on the status of mercury discharges, progress in implementing pollution prevention plans and progress toward attainment of ambient water quality criteria for mercury under this subsection. The report may include proposed statutory amendments. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out any necessary implementing legislation related to these mercury issues in each session in which a report is required under this subsection. [PL 2019, c. 463, §1 (AMD).]

2. Toxic or hazardous substances. Any other toxic substance in any amount or concentration greater than that identified or regulated, including complete prohibition of such substance, by the department. In identifying and regulating such toxic substances, the department shall take into account the toxicity of the substance, its persistence and degradability, the usual or potential presence of any organism affected by such substance in any waters of the State, the importance of such organism and the nature and extent of the effect of such substance on such organisms, either alone or in combination with substances already in the receiving waters or the discharge. As used in this subsection, "toxic substance" means those substances or combination of substances, including disease-causing agents, that after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, including humans either directly through the environment or indirectly through ingestion through food chains, will, on the basis of information available to the department either alone or in combination with other substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in such organism or its offspring. A. Except as naturally occurs or as provided in paragraphs B and C , the department shall regulate toxic substances in the surface waters of the State at the levels set forth in federal water quality criteria as established by the United States Environmental Protection Agency pursuant to the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended. [PL 2017, c. 137, Pt. A, §10 (AMD).] B. The department may change the statewide criteria established under paragraph A for a particular toxic substance established pursuant to the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended, as follows: (1) By adopting site-specific numerical criteria for the toxic substance to reflect site-specific circumstances different from those used in, or any not considered in, the derivation of the statewide criteria. The department shall adopt site-specific numerical criteria only as part of a licensing proceeding pursuant to sections 413 , 414 and 414‑A ; or (2) By adopting alternative statewide criteria for the toxic substance. The alternative statewide criteria must be adopted by rule. The department may substitute site-specific criteria or alternative statewide criteria for the criteria established in paragraph A only upon a finding that the site-specific criteria or alternative statewide criteria are based on sound scientific rationale and are protective of the most sensitive designated use of the water body, including, but not limited to, human consumption of fish and drinking water supply after treatment. [PL 2017, c. 137, Pt. A, §10 (AMD).] C. When surface water quality standards are not being met due to the presence of a toxic substance for which no water quality criteria have been established pursuant to the Federal Water Pollution Control Act, Section 304(a), as amended, the department shall: (1) Adopt statewide numerical criteria by rule; or (2) Adopt site-specific numerical criteria as part of a licensing proceeding under sections 413 , 414 and 414‑A . Nothing in this section restricts the authority of the department to adopt, by rule, statewide or site-specific numerical criteria for toxic substances that are not presently causing water quality standards to be violated. [PL 2017, c. 137, Pt. A, §10 (AMD).] D. For any criteria established under this subsection, the department shall establish the acceptable level of additional risk of cancer to be borne by the affected population from exposure to the toxic substance believed to be carcinogenic. [PL 2017, c. 137, Pt. A, §10 (AMD).] E. In regulating substances that are toxic to humans, including any rulemaking to regulate these substances, the department shall consider any information provided by the Department of Health and Human Services. [PL 2017, c. 137, Pt. A, §10 (AMD).] F. The Department of Health and Human Services may request that the department adopt or revise the statewide or site-specific criteria for any toxic substance based on the need to protect public health. If the request is filed with the department, the department may propose a rule and initiate a rule-making proceeding. The department shall incorporate in its proposal for rulemaking under this paragraph the statewide or site-specific criteria recommended by the Department of Health and Human Services. [PL 2017, c. 137, Pt. A, §10 (AMD).] G. Numeric water quality criteria for 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin established by the United States Environmental Protection Agency under the Federal Water Pollution Control Act, Public Law 92-500, Section 304(a), as amended, do not apply until June 1, 1991, and only apply on that date if the department has not adopted through rulemaking or individual licensing proceedings under this section alternative numeric water quality criteria for 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin. Pursuant to section 414‑A, subsection 2 , the department shall establish schedules for compliance with criteria established under this section. These schedules must be consistent with the compliance deadlines established under the Federal Water Pollution Control Act, Public Law 92-500, Section 304(l), as amended. [PL 2017, c. 137, Pt. A, §10 (AMD).] H. Notwithstanding paragraphs D and G , the department may not adopt any numeric water quality criteria for, or acceptable level of additional cancer risk from exposure to, 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin prior to January 1, 1994. [PL 2017, c. 137, Pt. A, §10 (AMD).] I. Notwithstanding any other provision of this section, the following standards apply only to a bleach kraft pulp mill, referred to in this paragraph as a "mill." (1) After July 31, 1998, a mill may not have a detectable quantity of 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin as measured in any internal waste stream of its bleach plant. For purposes of compliance, the detection level is 10 picograms per liter, unless the department adopts a lower detection level by rule, which is a routine technical rule pursuant to Title 5, chapter 375, subchapter 2‑A , or a lower detection level by incorporation of a method in use by the United States Environmental Protection Agency. (2) After December 31, 1999, a mill may not have a detectable quantity of 2, 3, 7, 8-tetrachlorodibenzo-p-furan as measured in any internal waste stream of its bleach plant. The commissioner may extend this time frame up to 6 months for a mill if the commissioner determines, based on information presented by the mill, that compliance is not achievable by the deadline due to engineering constraints, availability of equipment or other justifiable technical reasons. For purposes of compliance, the detection level is 10 picograms per liter, unless the department adopts a lower level of detection by rule, which is a routine technical rule pursuant to Title 5, chapter 375, subchapter 2‑A , or a lower detection level by incorporation of a method in use by the United States Environmental Protection Agency. If a mill fails to achieve this requirement, as documented by confirmatory sampling, it shall conduct a site-specific evaluation of feasible technologies or measures to achieve it. This evaluation must be submitted to the commissioner within 6 months of the date of confirmatory sampling and include a timetable for implementation, acceptable to the commissioner, with an implementation date no later than December 31, 2002. The commissioner may establish a procedure for confirmatory sampling. (3) After December 31, 2002, a mill may not discharge dioxin into its receiving waters. For purposes of this subparagraph, a mill is considered to have discharged dioxin into its receiving waters if 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin or 2, 3, 7, 8-tetrachlorodibenzo-p-furan is detected in any of the mill's internal waste streams of its bleach plant and in a confirmatory sample at levels exceeding 10 picograms per liter, unless the department adopts a lower detection level by rule, which is a routine technical rule pursuant to Title 5, chapter 375, subchapter 2‑A , or a lower detection level by incorporation of a method in use by the United States Environmental Protection Agency, or if levels of dioxin, as defined in section 420‑B, subsection 1‑A, paragraph A detected in fish tissue sampled below the mill's wastewater outfall are higher than levels in fish tissue sampled at an upstream reference site not affected by the mill's discharge or on the basis of a comparable surrogate procedure acceptable to the commissioner. The commissioner shall consult with the technical advisory group established in section 420‑B, subsection 1, paragraph B , subparagraph (5) in making this determination and in evaluating surrogate procedures. The fish-tissue sampling test must be performed with differences between the average concentrations of dioxin in the fish samples taken upstream and downstream from the mill measured with at least 95% statistical confidence. If the mill fails to meet the fish-tissue sampling-result requirements in this subparagraph and does not demonstrate by December 31, 2004 and annually thereafter to the commissioner's satisfaction that its wastewater discharge is not the source of elevated dioxin concentrations in fish below the mill, then the commissioner may pursue any remedy authorized by law. (4) For purposes of documenting compliance with subparagraphs (1) and (2) the internal waste stream of a bleach plant must be sampled twice per quarter by the mill. The department may conduct its own sampling and analysis of the internal waste stream of a bleach plant. Analysis of the samples must be conducted by a 3rd-party laboratory using methodology approved by the United States Environmental Protection Agency. A mill shall report to the department for informational purposes the actual laboratory results including sample detection limits on a frequency to be established by the commissioner. The commissioner shall assess the mill for the costs of any sampling performed by the department and any analysis performed for the department under this paragraph and credit funds received to the Maine Environmental Protection Fund. The commissioner may reduce the frequency of sampling required by a mill after 3 consecutive years of sampling have demonstrated the mill does not have a detectable quantity of 2, 3, 7, 8-tetrachlorodibenzo-p-dioxin or 2, 3, 7, 8-tetrachlorodibenzo-p-furan. [PL 2007, c. 565, §1 (AMD).] J. Notwithstanding any other provision of law to the contrary, the department shall use a one in 10,000 risk level when calculating ambient water quality criteria for inorganic arsenic. [PL 2011, c. 194, §2 (NEW).] [PL 2017, c. 137, Pt. A, §10 (AMD).]

3. Radiological, chemical or biological warfare agents. Radiological, chemical or biological warfare agents or high level radioactive wastes. [PL 1973, c. 450, §18 (NEW).]
38 M.R.S. § 341-F — ME Code / Title 38 / Chapter 2 / Section 341-F
38 §341-F. Administration
Status: in_force

Responsibility for the administration of the board lies with the chair. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

1. Staff. Staff of the board must be hired by the chair with the consent of the board. The executive analyst shall direct the daily administrative and operational functions of the board and board staff in an impartial and objective manner. The board shall prescribe the duties of the executive analyst. The executive analyst is prohibited from participating in any activity that substantially compromises the executive analyst's ability to discharge effectively and impartially the executive analyst's duties to the board. [PL 1999, c. 784, §7 (AMD).]

2. Unclassified employee. The executive analyst of the board is unclassified and may be removed by majority vote of the board. [PL 1999, c. 784, §7 (AMD).]

3. Conflict of interest. Notwithstanding Title 5, section 18, subsection 1 , each professional staff member of the board is an "executive employee" solely for the purposes of Title 5, section 18. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

4. Budget. The board shall prepare and adopt a biennial operating budget to be submitted to the commissioner for inclusion in the department's budget. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

5. Consultants. The board may obtain the services of consultants on a contractual basis or otherwise as necessary to carry out the responsibilities under this Title. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

6. Cooperation with other agencies. The board may cooperate with other state or federal departments or agencies to carry out the responsibilities under this Title. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 577-A — ME Code / Title 38 / Chapter 3-A / Section 577-A
38 §577-A. Maine Climate Council
Status: in_force

The Maine Climate Council, referred to in this section as "the council," is created to advise the Governor and Legislature on ways to mitigate the causes of, prepare for and adapt to the consequences of climate change. [PL 2019, c. 476, §9 (NEW).]

1. Membership. The council's membership consists of the following 39 members: A. Two members of the Senate, appointed by the President of the Senate, including one member of each of the 2 parties holding the most seats in the Senate; [PL 2019, c. 476, §9 (NEW).] B. Two members of the House of Representatives, appointed by the Speaker of the House, including one member of each of the 2 parties holding the most seats in the House of Representatives; [PL 2019, c. 476, §9 (NEW).] C. The Director of the Office of Policy Innovation and the Future, or the director's designee; [PL 2019, c. 476, §9 (NEW); PL 2019, c. 343, Pt. D, §18 (REV); PL 2021, c. 293, Pt. A, §52 (REV).] D. The Commissioner of Administrative and Financial Services, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] E. The Commissioner of Agriculture, Conservation and Forestry, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] F. The Commissioner of Economic and Community Development, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] G. The Commissioner of Environmental Protection, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] H. The Commissioner of Inland Fisheries and Wildlife, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] I. The Commissioner of Labor, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] J. The Commissioner of Marine Resources, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] K. The Commissioner of Transportation, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] L. The Commissioner of Defense, Veterans and Emergency Management, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] M. The Commissioner of Education, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] N. The Commissioner of Health and Human Services, or the commissioner's designee; [PL 2019, c. 476, §9 (NEW).] O. The Director of the Governor's Energy Office, or the director's designee; [PL 2019, c. 476, §9 (NEW).] P. The director of the Efficiency Maine Trust, or the director's designee; [PL 2019, c. 476, §9 (NEW).] Q. The director of the Maine State Housing Authority, or the director's designee; and [PL 2019, c. 476, §9 (NEW).] R. The following 20 additional members appointed by the Governor representing state interests affected by climate change or with expertise in climate change issues: (1) One member to represent marine fisheries; (2) One member to represent agriculture; (3) One member to represent municipal governments; (4) One member to represent the forestry industry; (5) One member to represent the State's energy sector; (6) One member to represent the State's Indian tribes; (7) One member to represent building or construction trades; (8) One member to represent the manufacturing industry; (9) One member to represent organized labor; (10) Two members to represent business, including one member to represent small business; (11) Two members to represent environmental nonprofit organizations or private foundations focused on environmental issues; (12) Two members with expertise in climate change science, including a representative of the University of Maine System; (13) Two members with expertise in climate change resilience and adaptation, emergency management or disaster risk reduction; (14) One member to represent the State's youth; and (15) Two other government or public members. [PL 2019, c. 476, §9 (NEW).] [PL 2019, c. 476, §9 (NEW); PL 2019, c. 343, Pt. D, §18 (REV); PL 2021, c. 293, Pt. A, §52 (REV).]

2. Terms; compensation; staffing. The term of a member appointed pursuant to subsection 1, paragraph R is 3 years. A legislative member appointed pursuant to subsection 1, paragraphs A or B serves for the duration of the Legislature in which the legislative member was appointed. At the end of a term, a member continues to serve until a successor is appointed. Legislative members of the council, the subcommittee under subsection 6 and the working groups under subsection 7 are entitled to receive the legislative per diem, as defined in Title 3, section 2 , and reimbursement for travel and other necessary expenses for their attendance at meetings of the council, the subcommittee and the working groups. Public members of the council not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement for travel and other necessary expenses only. Public members of the subcommittee and the working groups are not entitled to receive reimbursement of any expenses. The Office of Policy Innovation and the Future shall provide staffing services as necessary to the council, the subcommittee and the working groups. The departments and agencies referenced in subsection 1, paragraphs D through Q shall provide additional staffing services to the council, the subcommittee and the working groups, as necessary and as resources allow and when the expertise of the departments or agencies is relevant to the work for which the additional staffing services are required. [PL 2019, c. 476, §9 (NEW); PL 2019, c. 343, Pt. D, §18 (REV); PL 2021, c. 293, Pt. A, §52 (REV).]

3. Chairs. The Governor shall appoint 2 cochairs from among the members serving pursuant to subsection 1, paragraphs C to N . [PL 2019, c. 476, §9 (NEW).]

4. Removal. The Governor may remove any member appointed under subsection 1, paragraph R for incompetence, misconduct or failure to perform the duties of the position. [PL 2019, c. 476, §9 (NEW).]

5. Steering committee. The cochairs of the council shall designate a steering committee composed of a subset of the council, including, but not limited to, the cochairs of the council, the subcommittee cochairs under subsection 6 and the working group cochairs under subsection 7 . The steering committee shall establish the priorities and order of business of the council, the subcommittee and the working groups and shall provide input on other administrative matters before the council, the subcommittee and the working groups, including, but not limited to, determining the dates and frequency of meetings of the steering committee, the council, the subcommittee and the working groups. [PL 2019, c. 476, §9 (NEW).]

6. Scientific and Technical Subcommittee. The Scientific and Technical Subcommittee, referred to in this section as "the subcommittee," is established within the council to identify, monitor, study and report out to the council and to the working groups under subsection 7 relevant data, findings and recommendations related to climate change in the State and its effects on the State's climate, species, marine and coastal environments and natural landscape and on the oceans and other bodies of water. The President of the Senate shall appoint as a member of the subcommittee a member of the Senate, and the Speaker of the House of Representatives shall appoint as a member of the subcommittee a member of the House of Representatives and, at the request of the cochairs of the council, either presiding officer may appoint additional legislators as members of the subcommittee from their respective chamber of the Legislature, except that the President and the Speaker shall ensure that both of the 2 political parties holding the most seats in the Legislature are represented in their appointments to the subcommittee under this subsection. The cochairs of the council shall appoint as additional members of the subcommittee persons with scientific backgrounds, training and expertise relating to the purposes for which the subcommittee is established. From among these appointed members of the subcommittee, the cochairs of the council shall designate 2 cochairs of the subcommittee. In carrying out its duties, the subcommittee: A. Shall meet at least every 6 months beginning no later than October 1, 2019, except that the subcommittee must meet at least 4 times before July 1, 2020. The subcommittee shall at its first meeting each calendar year establish an annual work plan; [PL 2019, c. 476, §9 (NEW).] B. May seek the advice of experts in fields related to its duties; [PL 2019, c. 476, §9 (NEW).] C. May create subgroups to provide data and recommendations on specific subtopics related to the subcommittee's duties; [PL 2019, c. 476, §9 (NEW).] D. Shall identify, review and monitor the direct and indirect effects of climate change and the factors contributing to those effects, including, but not limited to, air temperature changes, sea level rise, ocean and coastal acidification, warming ocean temperatures, increased precipitation and changes in salinity and dissolved oxygen concentrations; [PL 2019, c. 476, §9 (NEW).] E. Shall review, study and analyze existing scientific literature and data on the direct and indirect effects of climate change and how those effects have directly or indirectly affected communities and public health, marine environments and species, agriculture and forestry and ecosystems and species in the State; [PL 2019, c. 476, §9 (NEW).] F. Shall identify critical scientific data and knowledge gaps pertaining to the data and monitoring of state-based climate changes and impacts and recommend methods for monitoring; [PL 2019, c. 476, §9 (NEW).] G. Shall identify methods and protocols to mitigate direct and indirect effects of climate change on the State's species; [PL 2019, c. 476, §9 (NEW).] H. Shall establish science-based sea level rise projections for the State's coastal areas by December 1, 2020 and update those projections at least every 4 years; [PL 2019, c. 476, §9 (NEW).] I. Shall create maps that indicate the areas of the State that may be most affected by storm surges, ocean and river flooding and extreme weather events and make these maps publicly available on a website maintained by the Department of Agriculture, Conservation and Forestry, Maine Geological Survey; and [PL 2019, c. 476, §9 (NEW).] J. Shall analyze and identify options for quantifying carbon sequestration and emissions associated with biomass growth, management and utilization in upland and marine environments. [PL 2019, c. 476, §9 (NEW).] [PL 2019, c. 476, §9 (NEW).]

7. Working groups. There is established within the council the following working groups: A. A transportation working group; [PL 2019, c. 476, §9 (NEW).] B. A coastal and marine working group; [PL 2019, c. 476, §9 (NEW).] C. A buildings, infrastructure and housing working group; [PL 2019, c. 476, §9 (NEW).] D. A working lands working group; [PL 2019, c. 476, §9 (NEW).] E. An energy working group; and [PL 2019, c. 476, §9 (NEW).] F. Other working groups established by the council as needed. [PL 2019, c. 476, §9 (NEW).] The President of the Senate shall appoint as a member of each working group a member of the Senate, and the Speaker of the House of Representatives shall appoint as a member of each working group a member of the House of Representatives and, at the request of the cochairs of the council, either presiding officer may appoint additional legislators from their respective chamber of the Legislature as members of any working group, except that the President and the Speaker shall ensure that both of the 2 political parties holding the most seats in the Legislature are represented in their appointments to each working group under this paragraph. The cochairs of the council shall appoint as additional members of each working group representatives of scientific and academic institutions, affected and involved businesses and industries, nonprofit organizations and foundations, the State's youth and federal, state and local governments and agencies. From among these appointed members of each working group, the cochairs of the council shall designate 2 cochairs for that working group. Each working group shall meet at least every 6 months, beginning no later than October 1, 2019 and shall establish at the working group's first meeting each calendar year an annual work plan. [PL 2019, c. 476, §9 (NEW).]

8. Actions by council, subcommittee and working groups. The council shall consider and prioritize actions recommended by the subcommittee established in subsection 6 and the working groups established in subsection 7 and shall ensure that its actions and the actions of the subcommittee and the working groups, as applicable, are consistent with and include, but are not limited to, the following: A. Developing the State's updated climate action plan in accordance with section 577 ; [PL 2019, c. 476, §9 (NEW).] B. Developing recommendations for legislation, including, but not limited to, legislation to better enable state agencies to implement the long-term goals included in the updated climate action plan under section 577 ; [PL 2019, c. 476, §9 (NEW).] C. Soliciting input from members of the public when developing the State's updated climate action plan and communicating with the public on progress and actions; [PL 2019, c. 476, §9 (NEW).] D. Developing broad public and private partnerships with federal, state and local agencies; [PL 2019, c. 476, §9 (NEW).] E. Ensuring that the State's transition to a clean energy economy benefits all residents of the State fairly and equitably, with particular consideration given to sources of employment, income levels and historical experience. Development of mitigation and adaptation strategies must include consideration of how low-income residents of the State and residents of the State who are members of vulnerable communities will be affected by climate change and by the transition to a clean energy economy and how programs and incentives to address such effects can be designed to be accessible to all residents of the State regardless of income level, age, race or geographic location; [PL 2019, c. 476, §9 (NEW).] F. Assessing the impacts that climate change may have on the State's economy, revenues and investment decisions; [PL 2019, c. 476, §9 (NEW).] G. Assessing the need for utilities and other public and private service providers throughout the State to adjust their operating practices and investment strategies to increase their resiliency to climate change impacts; [PL 2019, c. 476, §9 (NEW).] H. Maximizing infrastructure, energy and new technologies for mitigation and adaptation options that come from state sources or create jobs in the State, or both; [PL 2019, c. 476, §9 (NEW).] I. Assessing the impacts that climate change may have on agriculture, fishing, forestry and other natural resource-based industries in the State and how those industries might best adapt to preserve those industries and the communities they support; [PL 2019, c. 476, §9 (NEW).] J. Recommending short-term and long-term strategies to mitigate the causes of and prepare for and adapt to the consequences of climate change; [PL 2019, c. 476, §9 (NEW).] K. Developing a plan to encourage and prepare for transitions in transportation, including both low-carbon and no-carbon technologies, and the changes in infrastructure required to accommodate those technologies, as well as infrastructure changes required as the result of climate disruption; [PL 2019, c. 476, §9 (NEW).] L. Developing and recommending strategies to address and prepare for coastal and coastal watershed hazards, including, but not limited to, ocean and coastal acidification, increased storm surges, extreme precipitation and other extreme weather events, projected sea level rise and increased river flooding and storm water runoff and the risks such hazards pose to municipalities, the coastal economy and state assets; [PL 2019, c. 476, §9 (NEW).] M. Developing new and supporting existing programs, codes and incentives that encourage increased energy efficiency and lower carbon emissions from the State's public and private buildings and businesses; [PL 2019, c. 476, §9 (NEW).] N. Assisting local governments and other constituents in supporting regional and community-scale climate vulnerability assessments and the development of specific strategies and integration of specific strategies into local plans and ordinances; [PL 2019, c. 476, §9 (NEW).] O. Encouraging programming in State Government and in municipal governments that allows the State to lead the way in demonstrating initiatives that reduce carbon emissions; [PL 2019, c. 476, §9 (NEW).] P. Establishing comprehensive and accountable annual working group work plans that set annual goals and performance benchmarks and prioritize new and existing climate change mitigation, preparedness actions and initiatives and report these out to stakeholders and the public; and [PL 2019, c. 476, §9 (NEW).] Q. Considering other related matters as the council, the subcommittee and the working groups determine to be necessary. [PL 2019, c. 476, §9 (NEW).] The council shall meet at least every 3 months, beginning no later than October 1, 2019, and shall establish at its first meeting each calendar year an annual work plan. [PL 2019, c. 476, §9 (NEW).]

9. Funding. The council may solicit and accept funds from any source, public or private, to fulfill its responsibilities under this section, including, but not limited to, funds necessary to fulfill the responsibilities of the subcommittee under subsection 6 and the working groups under subsection 7 . The council shall include in the report required under subsection 10 a list of the amounts and sources of any funds accepted by the council in the prior calendar year, excluding those funds appropriated or allocated by the Legislature, and an indication of whether such outside funds were expended in the prior calendar year and, if expended, the purpose or purposes of the expenditure. [PL 2019, c. 476, §9 (NEW).]

10. Report. Beginning January 15, 2021, and annually thereafter, the council shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters describing the activities of the council, the subcommittee and its working groups over the prior calendar year and including any findings and recommendations of the council, including any proposed legislation. After reviewing the report, the joint standing committee may report out legislation to implement any recommendations contained in the report. [PL 2019, c. 476, §9 (NEW).]
38 M.R.S. § 410-J — ME Code / Title 38 / Chapter 3 / Section 410-J
38 §410-J. Program implementation
Status: in_force

1. Agriculture. The Department of Agriculture, Conservation and Forestry shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from agricultural activities. The Department of Agriculture, Conservation and Forestry may recommend to farmers the use of best management practice guidelines. [PL 1991, c. 345 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Forestry. The Department of Agriculture, Conservation and Forestry, Bureau of Forestry in cooperation with the commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from wood harvesting and forest management activities. The Bureau of Forestry may publish best management practice guidelines for use by landowners and wood harvesters. Landowners and wood harvesters must be notified of these guidelines and assisted in their efforts to implement the guidelines in accordance with the Bureau of Forestry advisory programs under Title 12, sections 8611 and 8612 . [PL 1991, c. 345 (NEW); PL 2011, c. 657, Pt. W, §§5, 7 (REV); PL 2013, c. 405, Pt. A, §23 (REV).]

3. Transportation. The Department of Transportation in cooperation with the commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from transportation-related activities. The Department of Transportation shall encourage all state or federally funded projects to use the best management practice guidelines. The Department of Transportation may provide technical assistance to municipalities. [PL 1991, c. 345 (NEW).]

4. Development. The commissioner shall develop best management practice guidelines to reduce and prevent nonpoint source pollution from development-related activities. State agencies shall follow these guidelines in construction or remodeling activities for state buildings and other capital improvements. The commissioner shall provide guidance and technical assistance to the Office of Community Development and municipalities to support implementation through growth management programs authorized by the growth management laws, Title 30‑A, chapter 187, subchapter II and municipal subdivision ordinances. [PL 1991, c. 838, §18 (AMD).]
38 M.R.S. § 1751 — ME Code / Title 38 / Chapter 17 / Section 1751
38 §1751. District bonds and notes in general
Status: in_force

1. Authorization of bonds. Subject to the limitations in subsection 10 and sections 1754 and 1755 , any district formed under this chapter may provide by resolution of its board of directors, without district vote, for the borrowing of money and the issuance from time to time of bonds and notes for any of its corporate purposes, including, but not limited to: A. Paying and refunding its indebtedness; [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] B. Paying any necessary expenses and liabilities incurred under this chapter, including organizational and other necessary expenses and liabilities, whether incurred by the district or any municipality in the district. The district may reimburse any municipality in the district for any such expenses incurred or paid by it; [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] C. Paying costs directly or indirectly associated with acquiring properties, paying damages, constructing, maintaining and operating waste facilities, and making renewals, additions, extensions and improvements to the property or facilities, and covering interest payments during the period of construction and for such period as the directors may determine; [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] D. Providing such reserves for debt service, repairs and replacements or other capital or current expenses as may be required by a trust agreement or resolution securing bonds or notes; [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] E. Financing all or part of a waste facility for a user. The term "user," as used in this section, means one or more persons or entities, other than a district, acting as lessee, purchaser, mortgagor or borrower or contracting party; and [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] F. Any combination of these purposes. [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).] Bonds may be issued by a district under this chapter as general obligations of the district or as special obligations payable solely from particular funds. The principal, premium and interest on all bonds shall be payable solely from the funds provided for that purpose from revenues. All bonds issued by a district under this chapter shall be legal obligations of the district, and all districts formed under this chapter are declared to be quasi-municipal corporations within the meaning of Title 30‑A, section 5701 . Bonds may be issued under this chapter without obtaining the consent of any commission, board, bureau or agency of the State or of any municipality encompassed by the district and without any other proceedings or the happening of other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter. Except as provided in this subchapter, bonds issued by a district under this chapter do not constitute a debt or liability of the State or of any municipality encompassed by the district or a pledge of the faith and credit of the State or any such municipality, and a statement to that effect shall be recited on the face of the bonds. [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

2. Notes. Any district formed under this chapter may also provide by resolution of its board of directors, without district vote, for the issuance from time to time of: A. Notes in anticipation of bonds authorized under this chapter; [PL 1983, c. 820, §2 (NEW).] B. Notes in anticipation of the revenues to be collected or received in any year; or [PL 1983, c. 820, §2 (NEW).] C. Notes in anticipation of the receipt of federal or state grants or other aid. The issuance of these notes shall be governed by the applicable provisions of this chapter relating to the issuance of bonds, provided that notes in anticipation of revenue must mature no later than one year from their respective dates and notes issued in anticipation of federal or state grants or other aid and renewals thereof must mature no later than the expected date, as determined by the board of directors, of receipt of those grants or aid. The board of directors may adjust the maturity date of notes issued in anticipation of federal or state grants or other aid to reflect changes in the expected date of receipt. Notes in anticipation of revenue issued to mature less than one year from their dates may be renewed from time to time by the issuance of other notes, provided that the period from the date of an original note to the maturity of any note issued to renew or pay the note or the interest thereon may not exceed one year. [PL 1983, c. 820, §2 (NEW).] Any such district may enter into agreements with the State or the United States, or any agency of either, or any municipality, corporation, commission or board authorized to grant or loan money or to otherwise assist in the financing of projects of the type which that district is authorized to carry out, and to accept grants and borrow money from any such government, agency, municipality, corporation, commission or board as may be necessary or desirable to accomplish the purposes of the district. [PL 1983, c. 820, §2 (NEW).]

3. Maturity; interest; form; temporary bonds. The bonds issued under this chapter must be dated, must mature no later than 40 years from their date or dates and must bear interest at such rate or rates as may be determined by the board of directors or determined pursuant to a formula approved by the board of directors or by a 3rd party rate-setting agent selected by the board of directors, and may be made redeemable before maturity, at the option of the district, at such price or prices and under such terms and conditions as may be fixed by the board of directors prior to the issuance of the bonds. The board of directors shall determine the form of the bonds, including any interest coupons to be attached, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any financial institution having trust powers within or without the State. Bonds must be executed in the name of the district by the manual or facsimile signature of such officer or officers as may be authorized in the resolution to execute the bonds, but at least one signature on each bond must be a manual signature. Coupons, if any, attached to the bonds must be executed with the facsimile signature of the officer or officers of the district designated in the resolution. In case any officer whose signature or facsimile signature appears on any bonds or coupons ceases to hold that office before the delivery of the bonds, the signature or its facsimile is nevertheless valid and sufficient for all purposes, as if the officer had remained in office until the delivery. Notwithstanding any of the other provisions of this chapter or any recitals in any bonds issued under this chapter, all such bonds are deemed to be negotiable instruments under the laws of this State. The bonds may be issued in coupon or registered form, or both, as the board of directors may determine, and provision may be made for the registration of any coupon bonds as to principal alone and as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The board of directors may sell the bonds in the manner, either at public or private sale, and for such price as they may determine to be for the best interests of the district. The proceeds of the bonds of each issue must be used solely for the purpose for which those bonds have been authorized and must be disbursed in such manner and under such restrictions as the board of directors may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. The resolution providing for the issuance of bonds, and any trust agreement securing the bonds, may contain such limitations upon the issuance of additional bonds as the board of directors may consider proper, and these additional bonds must be issued under such restrictions and limitations as may be prescribed by that resolution or trust agreement. Prior to the preparation of definitive bonds, the board of directors may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds are executed and are available for delivery. The board of directors may provide for the replacement of any bond that is mutilated, destroyed or lost. [RR 2021, c. 2, Pt. B, §295 (COR).]

4. Pledges and covenants, trust agreement. In the discretion of the board of directors of any district, each or any issue of bonds may be secured by a trust agreement by and between the district and a corporate trustee, which may be any financial institution having trust powers within or without the State. The resolution of the directors authorizing the issuance of the bonds or the trust agreement may pledge or assign, in whole or in part, the revenues and other moneys held or to be received by the district and any accounts and contract or other rights to receive the revenues or moneys, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the district and the proceeds thereof, and may convey or mortgage the waste facilities or any other properties of the district. The resolution may also contain provisions for protecting and enforcing the rights and remedies of the bondholders, including, but not limited to, covenants setting forth the duties of the district and the board of directors in relation to the acquisition, construction, reconstruction, improvement, repair, maintenance, operation and insurance of its waste facilities or any of its other properties; the fixing and revising of rates, tolls, assessments, rents, tipping fees and transportation charges and other charges; the application of the proceeds of bonds; the custody, safeguarding and application of revenues; the defining of defaults and providing for remedies in the event thereof, which may include the acceleration of maturities, the establishment of reserves and the making and amending of contracts. The resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition, the resolution or trust agreement may contain such other provisions as the board of directors may deem reasonable and proper for the security of the bondholders, including means by which the resolution or trust agreement may be amended. All expenses incurred in carrying out the resolution or trust agreement may be treated as a part of the cost of operation. The pledge by any such resolution or trust agreement shall be valid and binding and shall be deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made. All revenues, moneys, rights and proceeds so pledged and thereafter received by the district shall immediately be subject to the lien of the pledge without any physical delivery or segregation thereof or further action under the Uniform Commercial Code or otherwise, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the district irrespective of whether those parties have notice thereof. The resolution authorizing the issuance of bonds under this chapter, or any trust agreement securing those bonds, may provide that all or a sufficient amount of revenues and assessments, after providing for the payment of the cost of repair, maintenance and operation and reserves therefor as may be provided in the resolution or trust agreement, shall be set aside at such regular intervals as may be provided in the resolution or trust agreement and deposited in the credit of a fund for the payment of the interest on and the principal of bonds issued under this chapter as the bonds shall become due, and the redemption price or purchase price of bonds retired by call or purchase. The use and disposition of moneys in or to the credit of the fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds and, except as may otherwise be provided in the resolution or trust agreement, the fund shall be a fund for the benefit of all bonds without distinction or priority of one over another. [PL 1983, c. 820, §2 (NEW).]

5. Trust funds. Notwithstanding any other provision of law, all money set aside for payment of the bonds, or other purposes pursuant to the provisions of any trust agreement securing the bonds, shall be deemed to be trust funds, to be held and applied as provided by the trust agreement; provided that investment or deposit of those funds shall be subject to the provisions applicable to municipal funds under Title 30‑A, chapter 223, subchapter III‑A . The resolution authorizing the issuance of bonds or the trust agreement securing the bonds shall provide that any officer to whom, or bank, trust company or other financial institution or fiscal agent to which, money shall be paid shall act as trustee of money and shall hold and apply the same for the purposes hereof, subject to such regulations as may be provided in the resolution or trust agreement or as may be required by this chapter. [PL 1987, c. 737, Pt. C, §§99, 106 (AMD); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]

6. Remedies. Any holder of bonds issued under this chapter or of any of the coupons appertaining to those bonds, and the trustee under any trust agreement, except to the extent the rights given may be restricted by the resolution authorizing the issuance of those bonds or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, including proceedings for the appointment of a receiver to take possession and control of the properties of the district, protect and enforce any and all rights under the laws of the State or granted under this chapter or under the resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by the resolution or trust agreement to be performed by the district or by any officer of the district, including the fixing, charging and collecting of rates, fees and charges for the use of or for the services and facilities furnished by the district, or if applicable, the making of any assessments against member municipalities under section 1756 . [PL 1983, c. 820, §2 (NEW).]

7. Refunding bonds. Any district formed under this chapter by resolution of its board of directors, without district vote, may issue refunding bonds for the purpose of paying any of its bonds at maturity or upon acceleration or redemption. The refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the board of directors deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of those bonds, the expenses of issuance of the refunding bonds, the expenses of redeeming the bonds being refunded and such reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds as may be required by a trust agreement or resolution securing bonds. The issuance of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the district in respect of the same shall be governed by the applicable provisions of this chapter relating to the issuance of bonds other than refunding bonds. [PL 1983, c. 820, §2 (NEW).]

8. Tax exemption. All bonds, notes or other evidences of indebtedness issued under this chapter, and their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the State. [PL 1983, c. 820, §2 (NEW).]

9. Bonds declared legal investments. Bonds and notes issued by any district under this chapter are made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business, and all other persons who are now, or may hereafter be, authorized to invest in bonds or other obligations of the State, may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are made securities which may properly and legally be deposited with and received by any state, municipal or public officer, or any agency or political subdivision of the State, for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. [PL 1983, c. 820, §2 (NEW).]

10. Certain bond issues; notice; special meeting; vote. In the event that the directors vote to authorize bonds or notes, for any of the corporate purposes of a refuse disposal district, excluding notes payable within one year, or notes in anticipation of the revenues to be collected or received in any year or notes in anticipation of bonds which have already been authorized in accordance with this chapter, or notes in anticipation of the receipt of approved federal or state grants, the authorized amount of which, singly or in the aggregate included in any one financing, is $1,000,000 or more, the directors shall provide notice to the general public: A. Of the proposed bond or note issue and the purposes for which the debt is being incurred; and [PL 1983, c. 820, §2 (NEW).] B. Call a special district meeting for the purpose of permitting the collection of testimony from the public concerning the amount of the debt so authorized. Notice of the proposed bond or note issue, the purposes for which the debt is being issued and the call of the special meeting shall be published at least once in a newspaper having general circulation in the district. [PL 1983, c. 820, §2 (NEW).] No debt may be incurred under the vote of the directors until the expiration of 7 full days following the date on which the special district meeting was held. If, prior to the expiration of that period, a petition signed by at least 5%, but not less than 50, of the registered voters of the district is filed with the clerk of the district requesting reference of the vote of the directors to referendum, the clerk of the district shall call and hold a special election of the voters of the district for the purpose of submitting to referendum vote the question of approving the vote of the directors. The vote of the directors shall be suspended until it has received approval by vote of a majority of the voters of the district voting on the question at the special election. [PL 1983, c. 820, §2 (NEW).]

11. Negotiated or competitive bidding process. Any notes, bonds or other instruments of indebtedness may be the subject of a negotiated or competitive bidding process, or any other process which may be advantageous to the district, and determination of the process to be used shall be made by and at the discretion of the directors of the district. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 3114-A — ME Code / Title 38 / Chapter 33 / Section 3114-A
38 §3114-A. Cost and Carbon Efficient Technology Fund
Status: repealed

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Creation. The Cost and Carbon Efficient Technology Fund, referred to in this section as "the fund," is created under the jurisdiction and control of the department. [PL 2023, c. 482, §37 (NEW).]

2. Sources of money. The fund consists of the following: A. The annual payment from the cooperative required by section 3108‑A, subsection 2, paragraph B , subparagraph (5); and [PL 2023, c. 482, §37 (NEW).] B. All other money appropriated or allocated for inclusion in the fund, including money from any other public or private sources. [PL 2023, c. 482, §37 (NEW).] [PL 2023, c. 482, §37 (NEW).]

3. Application of fund. Money in the fund must be used by the department to provide grants to persons to lease or purchase technology designed to improve operational efficiency and reduce greenhouse gas emissions from trucking. A. The lease or purchase of technology designed to improve operational efficiency and reduce greenhouse gas emissions from trucking using a grant from the fund is limited to automated beverage container counting, compacting and sorting systems capable of validating the count of beverage containers processed and compacting and sorting processed containers in preparation for pickup, including, but not limited to, reverse vending machines as well as activities associated with the installation of that technology, including, but not limited to, electrical system upgrades, building or infrastructure modifications and Internet connection to a central system administrator as necessary. [PL 2023, c. 482, §37 (NEW).] B. [PL 2023, c. 529, §5 (RP).] C. [PL 2023, c. 529, §5 (RP).] D. (TEXT EFFECTIVE UNTIL 1/1/26) (TEXT REPEALED 1/1/26) Notwithstanding any provision of this section to the contrary, using money from the fund, the department shall provide reimbursement of beverage container costs or other financial losses to eligible distributors in accordance with section 3106, subsection 5‑A, paragraph D . This paragraph is repealed January 1, 2026. [PL 2023, c. 482, §37 (NEW).] E. A grant issued by the department from the fund must cover at least 25% of the anticipated cost of the technology leased or purchased as identified in the grant application. [PL 2023, c. 529, §5 (AMD).] F. The department shall administer the fund and, after consultation with the cooperative and its advisory group established pursuant to section 3107, subsection 3‑B, paragraph A , shall establish the application process and procedures for issuance of grants from the fund. The department shall consult with the cooperative and its advisory group in reviewing and approving grant applications submitted under this section. [PL 2023, c. 482, §37 (NEW).] [PL 2023, c. 529, §5 (AMD).]
38 M.R.S. § 465-A — ME Code / Title 38 / Chapter 3 / Section 465-A
38 §465-A. Standards for classification of lakes and ponds
Status: in_force

The department shall have one standard for the classification both of great ponds and of natural lakes and ponds less than 10 acres in size. Impoundments of rivers that are defined as great ponds pursuant to section 480‑B are classified as GPA or as specifically provided in sections 467 and 468 . [PL 2017, c. 137, Pt. B, §1 (AMD).]

1. Class GPA waters. Class GPA is the sole classification both of great ponds and of natural lakes and ponds less than 10 acres in size. A. Class GPA waters must be of such quality that they are suitable for the designated uses of drinking water after disinfection, recreation in and on the water, fishing, agriculture, industrial process and cooling water supply, hydroelectric power generation, navigation and as habitat for fish and other aquatic life. The habitat must be characterized as natural. [PL 2003, c. 227, §5 (AMD); PL 2003, c. 227, §9 (AFF); PL 2005, c. 561, §10 (AFF).] B. Class GPA waters must be described by their trophic state based on measures of the chlorophyll "a" content, Secchi disk transparency, total phosphorus content and other appropriate criteria. Class GPA waters must have a stable or decreasing trophic state, subject only to natural fluctuations, and must be free of culturally induced algal blooms that impair their use and enjoyment. The number of Escherichia coli bacteria in these waters may not exceed a geometric mean of 29 CFU or MPN per 100 milliliters over a 90-day interval or 194 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. [PL 2021, c. 551, §13 (AMD).] C. There may be no new direct discharge of pollutants into Class GPA waters. Notwithstanding paragraph D , section 466‑A or any other provision of law to the contrary, the following are exempt from this provision: (1) Chemical discharges for the purpose of restoring water quality approved by the department; (2) Aquatic pesticide or chemical discharges approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency for the purpose of restoring biological communities affected by an invasive species; (3) Storm water discharges that are in compliance with state and local requirements; (4) Discharges of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety using materials and methods that provide for protection of nontarget species. When the department issues a license for the discharge of aquatic pesticides authorized under this subparagraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website; and (5) Discharges of pesticides approved by the department that are: (a) Unintended and an incidental result of the spraying of pesticides; (b) Applied in compliance with federal labeling restrictions; and (c) Applied in compliance with statute, Board of Pesticides Control rules and best management practices. Discharges into these waters licensed prior to January 1, 1986 are allowed to continue only until practical alternatives exist. Materials may not be placed on or removed from the shores or banks of a Class GPA water body in such a manner that materials may fall or be washed into the water or that contaminated drainage may flow or leach into those waters, except as permitted pursuant to section 480‑C . A change of land use in the watershed of a Class GPA water body may not, by itself or in combination with other activities, cause water quality degradation that impairs the characteristics and designated uses of downstream GPA waters or causes an increase in the trophic state of those GPA waters. [PL 2019, c. 463, §2 (AMD).] D. The following waters are subject to a sustenance fishing designated use pursuant to section 466‑A : Conroy Lake in Monticello; Grand Lake Matagamon in Trout Brook Township and T.6 R.8 W.E.L.S.; Mattamiscontis Lake in T.3 R.9 N.W.P. and T.2 R.9 N.W.P.; Grand Falls Flowage, Berry Brook Flowage, George Brook Flowage, Huntley Brook Flowage, Lewey Lake, The Basin, The Narrows, Long Lake and Big Lake, adjacent to Indian Township; and Sysladobsis Lake in T.5 N.D. [PL 2019, c. 463, §3 (NEW).] [PL 2021, c. 551, §13 (AMD).]