38 M.R.S. § 905 — ME Code / Title 38 / Chapter 5 / Section 905
38 §905. Order for release of water
Status: in_force

1. Order. Not earlier than 30 days after providing notice as required in section 904 , the department shall issue an order to the dam owner to release water from the dam in a manner that minimizes the impact of the release, including requirements for mitigation as appropriate. If the department receives a petition requesting additional time to negotiate assumption of ownership of the dam and the dam owner agrees, the department may delay issuance of the order for an additional period agreed to by the dam owner and the petitioners. [PL 1995, c. 630, §3 (NEW).]

2. Impact of order. An order issued under this article does not supersede any property right granted by deed or other legal instrument. An order issued under this article supersedes an order issued under section 840 . [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 3010 — ME Code / Title 38 / Chapter 31 / Section 3010
38 §3010. Amendment or termination by consent
Status: in_force

1. Amendment or termination. An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: A. The agency; [PL 2005, c. 370, §1 (NEW).] B. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] C. Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and [PL 2005, c. 370, §1 (NEW).] D. The holder, unless the holder waived in a signed record the right to consent or except as otherwise provided in subsection 4, paragraph B . [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

2. Effect of amendment of covenant. If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments. [PL 2005, c. 370, §1 (NEW).]

3. Assignment to new holder. Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment. [PL 2005, c. 370, §1 (NEW).]

4. Assignment by holder; removal and replacement of holder. Except as otherwise provided in an environmental covenant: A. A holder may not assign its interest without consent of the other parties; and [PL 2005, c. 370, §1 (NEW).] B. A holder may be removed and replaced by agreement of the other parties specified in subsection 1 . [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

5. Vacancy filled by court. A court of competent jurisdiction may fill a vacancy in the position of holder. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 480-M — ME Code / Title 38 / Chapter 3 / Section 480-M
38 §480-M. Funds
Status: in_force

The department is the public agency of the State authorized to accept funds, public and private, for the purposes of this article. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §78 (AMD).]
38 M.R.S. § 2 — ME Code / Title 38 / Chapter 1 / Section 2
38 §2. Rules for channel lines; enforcement
Status: in_force

The municipal officers of all maritime towns and plantations, other bodies empowered to regulate municipal harbors and the county commissioners in the case of maritime unorganized townships may make rules and regulations, with suitable provision for enforcement, to keep open convenient channels for the passage of vessels in the harbors and waterways of the towns or townships for which they act, and may establish the boundary lines of those channels and assign suitable portions of their harbors and other coastal and tidal waters within their jurisdiction for anchorages. [PL 1987, c. 655, §2 (AMD).]

In the event fishing gear is within the boundary lines of a channel in violation of local rules, the harbor master may issue a warning of navigational interference and may commence court action to order removal of that gear. [PL 1987, c. 655, §2 (NEW).]

Such rules and regulations as may be made by those municipal officers, other bodies empowered to regulate harbors or county commissioners shall be enforced and carried out by the harbor master of that town or unorganized township, or any other law enforcement officer of the State or any political subdivision of the State. [PL 1987, c. 655, §2 (AMD).]

The harbor master may appoint deputies who, under the harbor master's direction, shall enforce and carry out the rules and regulations of this section. [RR 2021, c. 2, Pt. B, §224 (COR).]
38 M.R.S. § 410-K — ME Code / Title 38 / Chapter 3 / Section 410-K
38 §410-K. Program review
Status: in_force

Prior to January 1, 1993, the commissioner shall submit to the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters a report detailing the effectiveness of the program and making recommendations for program improvements and fee amounts for permit applications under chapter 3, subchapter I, articles 5‑A and 6 . The commissioner shall make recommendations on the advisability of enacting statutory or regulatory exemptions from the water quality discharge licensing requirements of section 413 for those activities conducted in compliance with best management practice guidelines under this article. The commissioner shall submit with these recommendations an analysis of the legal and enforcement issues raised by these exemptions, specifically, the need to adopt by rule best management practice guidelines. In recommending fees pursuant to this section, the commissioner shall consider the cost of technical review and compliance inspection for best management practices and shall recommend fees that cover these costs. [PL 1991, c. 838, §19 (AMD).]
38 M.R.S. § 1316-P — ME Code / Title 38 / Chapter 13 / Section 1316-P
38 §1316-P. Prohibition; penalties
Status: in_force

A person commits a civil violation for which a fine of not more than $500 may be assessed if, with respect to any dangerous or unsafe material that the person knows is dangerous or unsafe, that person knowingly: [PL 2005, c. 406, §1 (NEW).]

1. Conceals. Conceals that material by placing it inside other waste material or covering it with other waste material; and [PL 2005, c. 406, §1 (NEW).]

2. Disposes at solid waste facility. Disposes or causes another to dispose of such material in a solid waste facility. [PL 2005, c. 406, §1 (NEW).]
38 M.R.S. § 2322 — ME Code / Title 38 / Chapter 27 / Section 2322
38 §2322. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 579, Pt. A, §3 (NEW).]

1. Alternative. "Alternative" means a substitute process, product, material, chemical, strategy or a combination of these that serves a purpose functionally equivalent to that of a priority toxic chemical used by a commercial and industrial facility. [PL 2009, c. 579, Pt. A, §3 (NEW).]

2. Commercial and industrial facility or facility. "Commercial and industrial facility" or "facility" means an entity: A. With an economic sector or industry code under the North American Industry Classification System of the United States Department of Commerce, United States Census Bureau; and [PL 2009, c. 579, Pt. A, §3 (NEW).] B. Located in the State. [PL 2009, c. 579, Pt. A, §3 (NEW).] [PL 2009, c. 579, Pt. A, §3 (NEW).]

3. Environmental management system. "Environmental management system" means a part of an overall management system of a facility and includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of the facility through documented systematic procedures. [PL 2009, c. 579, Pt. A, §3 (NEW).]

4. Priority toxic chemical. "Priority toxic chemical" means a chemical that has been identified by the department pursuant to section 2323 . [PL 2009, c. 579, Pt. A, §3 (NEW).]

5. Reasonably available. "Reasonably available" means practicable based on cost, efficacy, availability and other factors as determined by the department. [PL 2009, c. 579, Pt. A, §3 (NEW).]

6. Safer alternative. "Safer alternative" has the same meaning as in section 1691, subsection 12 . [PL 2009, c. 579, Pt. A, §3 (NEW).]

7. SARA. "SARA" means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499. [PL 2009, c. 579, Pt. A, §3 (NEW).]

8. Toxic chemical. "Toxic chemical" means a chemical that has been identified as a chemical of concern pursuant to section 1693 or a chemical the use or release of which is subject to reporting under the SARA, Title III, Section 312 or 313. [PL 2011, c. 319, §12 (AMD).]

9. Use. "Use" means to manufacture, process or otherwise use a priority toxic chemical or to use a product or material that contains a priority toxic chemical if so designated by the department in rules adopted under this chapter. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 346 — ME Code / Title 38 / Chapter 2 / Section 346
38 §346. Judicial appeals
Status: in_force

1. Appeal to Superior Court. Except as provided in subsection 4 and section 347‑A, subsection 3 or 4 , any person aggrieved by any order or other final action of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accordance with Title 5, chapter 375, subchapter 7 . [PL 2023, c. 139, §5 (AMD).]

2. [PL 1977, c. 694, §759 (RP).]

2-A. Appeal. Any party to the appeal in the Superior Court under this section may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases. [PL 1977, c. 696, §342 (NEW).]

3. Limitation. [PL 2001, c. 232, §4 (RP).]

4. Appeal of decision. A judicial appeal of final action by the board or commissioner regarding an application for an expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4 , an application for a transmission line or lines developed pursuant to Title 35‑A, section 3210‑I, subsection 2 or a general permit pursuant to section 480‑HH or section 636‑A must be taken to the Supreme Judicial Court sitting as the Law Court. The Law Court has exclusive jurisdiction over request for judicial review of final action by the commissioner or the board regarding expedited wind energy developments, an application for a transmission line or lines developed pursuant to Title 35‑A, section 3210‑I, subsection 2 or a general permit pursuant to section 480‑HH or section 636‑A . These appeals to the Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C. [PL 2023, c. 660, §11 (AMD).]

5. Tolling of deadlines. When a license or permit decision or other final action of the board or the commissioner is appealed to a court in accordance with this section, the board or the commissioner may toll for the pendency of the judicial appeal the running of time for any deadline established in the license, permit or action under appeal. [PL 2023, c. 139, §6 (NEW).]
38 M.R.S. § 1316-C — ME Code / Title 38 / Chapter 13 / Section 1316-C
38 §1316-C. Liability; recovery by State
Status: in_force

Each responsible party is jointly and severally liable for all costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury to, destruction of, loss of or loss of use of natural resources of the State resulting from the uncontrolled tire stockpile, including the reasonable costs of assessing natural resources damages. The commissioner shall demand prompt reimbursement of all costs incurred under sections 1316‑A and 1316‑B . If payment is not received by the State within 30 days of demand, the Attorney General may file suit in the Superior Court and may seek reimbursement of other costs and any other relief provided by law. Notwithstanding the time limits stated in this section, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability. [PL 2007, c. 655, §11 (AMD).]

The commissioner may not demand from responsible parties that are municipalities reimbursement of more than 10% of all costs incurred by the State under sections 1316‑A and 1316‑B . [PL 1991, c. 517, Pt. A, §2 (NEW).]

In any suit filed under this section, the State need not prove negligence in any form or matter by a defendant. The State need only prove that a defendant is a responsible party and the site poses or posed or potentially poses or posed a threat or hazard to the health, safety or welfare of any citizen of the State or the environment of the State, to which the acts or omissions of the defendant are or were causally related. Punitive damages may be awarded by the court upon a finding that a responsible party acted in willful violation of law, rule or order in creating, increasing or maintaining an uncontrolled tire stockpile. [PL 1991, c. 517, Pt. A, §2 (NEW).]

Funds recovered under this section must be deposited into the Tire Management Fund. [PL 1995, c. 465, Pt. A, §23 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 2175-B — ME Code / Title 38 / Chapter 24 / Section 2175-B
38 §2175-B. Payment in lieu of taxes
Status: in_force

The bureau shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the bureau not paid to that municipality during the previous calendar year. In the case of an unorganized territory, the bureau shall annually pay the amount to the State Tax Assessor who shall deposit that amount in the Unorganized Territory Education and Services Fund established in Title 36, chapter 115 . If the bureau disagrees with the amount determined to be due in lieu of taxes under this section, it may appeal to the State Board of Property Tax Review as provided in Title 36, section 271 . [PL 2011, c. 655, Pt. GG, §57 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 610-D — ME Code / Title 38 / Chapter 4 / Section 610-D
38 §610-D. Residential Wood Stove Replacement Fund
Status: in_force

1. Fund established. The Residential Wood Stove Replacement Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the department for the purpose of providing financial incentives for the replacement of wood stoves with cleaner alternatives. [PL 2009, c. 653, §1 (NEW).]

2. Sources of money. The fund consists of any money received from the following sources: A. Contributions from any source, both public and private; and [PL 2009, c. 653, §1 (NEW).] B. [PL 2009, c. 653, §1 (NEW); MRSA T. 38 §610-D, sub2, ¶B (RP).] Money deposited in the fund must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on that investment must be credited to the fund. [PL 2009, c. 653, §1 (NEW).]

3. Disbursements from the fund. The department shall apply the money in the fund toward the award of financial incentives to residents of the State to replace residential wood stoves manufactured prior to 1988 and used as a primary source of heat in an owner's primary residence with residential heating appliances with lower emissions of pollution, such as wood stoves, pellet stoves or vented gas stoves, that have been certified by the United States Environmental Protection Agency. Costs incurred by the department to administer the residential wood stove replacement program under subsection 4 may be paid by the fund. [PL 2009, c. 653, §1 (NEW).]

4. Residential wood stove replacement program. The department shall establish through rulemaking a residential wood stove replacement program. The program must include, but is not limited to: A. Public outreach and education; [PL 2009, c. 653, §1 (NEW).] B. Establishment of eligibility criteria for participating in the program, benefits available under the program and the process for establishing eligibility for benefits; and [PL 2009, c. 653, §1 (NEW).] C. Approved methods for removal and disposal of the replaced residential wood stoves. [PL 2009, c. 653, §1 (NEW).] [PL 2009, c. 653, §1 (NEW).]

5. Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 653, §1 (NEW).]
38 M.R.S. § 490-A — ME Code / Title 38 / Chapter 3 / Section 490-A
38 §490-A. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 350, §5 (NEW).]

1. Affected land. "Affected land" means reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with the excavation. [PL 1995, c. 700, §13 (AMD).]

1-A. Excavation. "Excavation" means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. [PL 1995, c. 700, §14 (NEW).]

2. Medium borrow pit. "Medium borrow pit" means a borrow pit that has a total reclaimed and unreclaimed area from 5 to 30 acres and that has: A. Except as otherwise provided, a working pit not larger than 10 acres; and [PL 1993, c. 350, §5 (NEW).] B. Natural internal drainage in all reclaimed and unreclaimed areas. [PL 1993, c. 350, §5 (NEW).] [PL 1993, c. 350, §5 (NEW).]

2-A. Natural buffer strip. "Natural buffer strip" means an undisturbed area or belt of land that is covered with trees or other vegetation. [RR 1993, c. 1, §124 (RNU).]

2-B. Naturally internally drained. "Naturally internally drained" means areas of a site that, as a result of the predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials nor runoff either crosses the property boundary or enters a protected natural resource, natural buffer strip or other protected area. Areas that rely on human-made structures, including but not limited to berms, dikes, basins or undersized culverts, in order to maintain internal drainage are not considered naturally internally drained. [RR 2021, c. 2, Pt. B, §236 (COR).]

2-C. Overburden. "Overburden" means earth and other materials naturally lying over the product to be removed. [PL 1995, c. 700, §15 (NEW).]

2-D. Owner or operator. "Owner" or "operator" means the owner or operator of an excavation. [PL 1995, c. 700, §15 (NEW).]

2-E. Passenger car equivalents at peak hour. "Passenger car equivalents at peak hour" means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which the traffic volume generated by the development is higher than the volume during any other hour of the day. For purposes of this article, one tractor-trailer combination is the equivalent of 2 passenger cars. [PL 1995, c. 700, §15 (NEW).]

2-F. Primary sand and gravel recharge area. "Primary sand and gravel recharge area" means the surface directly overlying sand and gravel formations that provides direct replenishment of groundwater in sand and gravel fractured bedrock aquifers. The term does not include areas overlying formations that have been identified as unsaturated and are not contiguous with saturated formations. [PL 1995, c. 700, §15 (NEW).]

3. Private drinking water supply. "Private drinking water supply" means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. [PL 1995, c. 700, §16 (AMD).]

4. Protected natural resource. "Protected natural resource" has the same meaning as in section 480‑B, subsection 8 . [PL 1993, c. 350, §5 (NEW).]

5. Public drinking water source. "Public drinking water source" means any groundwater well or any surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. [PL 1995, c. 700, §17 (AMD).]

5-A. Reclamation. "Reclamation" means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. [PL 2005, c. 158, §2 (AMD).]

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

6-A. Significant sand and gravel aquifer. "Significant sand and gravel aquifer" means a deposit of ice-contact and glacial outwash sediment that stores and transmits significant quantities of recoverable water. Significant sand and gravel aquifers are typically located in stratified drift deposits such as eskers, glaciomarine deltas, kames, kame terraces and outwash plains. [PL 1995, c. 700, §20 (NEW).]

6-B. Silt or clay. "Silt" or "clay" means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. [PL 1995, c. 700, §20 (NEW).]

6-C. Topsoil. "Topsoil" means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. [PL 1995, c. 700, §20 (NEW).]

7. Working pit. "Working pit" means the extraction area, including side slopes, of an excavation for borrow, clay, silt or topsoil. "Working pit" does not include a stockpile area or an area that has a permanent fixed structure such as an office building, permanent processing facility or fixed fuel storage structure. [PL 1995, c. 700, §21 (RPR).]
38 M.R.S. § 1661 — ME Code / Title 38 / Chapter 16-B / Section 1661
38 §1661. Definitions
Status: in_force

For the purposes of this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2001, c. 656, §1 (NEW).]

1. Mercury-added product. "Mercury-added product" means any of the following items if it contains mercury added during manufacture: A. A thermostat or thermometer; [PL 2001, c. 656, §1 (RPR).] B. A switch or other device, individually or as part of another product, used to measure, control or regulate gas, other fluids or electricity; [PL 2001, c. 656, §1 (RPR).] C. A medical or scientific instrument; [PL 2001, c. 656, §1 (RPR).] D. An electric relay or other electrical device; and [PL 2001, c. 656, §1 (RPR).] E. A lamp. [PL 2001, c. 656, §1 (RPR).] [PL 2001, c. 656, §1 (RPR).]

1-A. Amalgam separator system. "Amalgam separator system" means a device that removes dental amalgam from the waste stream prior to its discharge into either the local public wastewater system or a private septic system located at the dental facility and that meets a minimum removal efficiency of 95% if installed prior to March 20, 2003 or 98% if installed on or after March 20, 2003, as determined through testing in accordance with standards contained in "ISO 11143, Dental Equipment - Amalgam Separators," published by the International Organization for Standardization, in effect on the date the system is installed. [PL 2003, c. 301, §1 (NEW).]

1-B. Dental amalgam. "Dental amalgam" means a mixture of silver and mercury used to restore dental integrity. [PL 2003, c. 301, §1 (NEW).]

2. Mercury headlamp. "Mercury headlamp" is a mercury-added lamp that is mounted on the front of a motor vehicle to illuminate the roadway. [PL 2001, c. 656, §1 (NEW).]

2-A. Mercury-added button cell battery. "Mercury-added button cell battery" means a button cell battery to which the manufacturer intentionally introduces mercury. [PL 2005, c. 509, §1 (NEW).]

3. Mercury light switch. "Mercury light switch" means a mercury switch used for the purpose of turning a light bulb or lamp on and off. [PL 2001, c. 656, §1 (NEW).]

3-A. Mercury relay. "Mercury relay" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit. "Mercury relay" includes mercury displacement relays, mercury wetted reed relays and mercury contact relays. [PL 2003, c. 221, §1 (NEW).]

4. Mercury switch. "Mercury switch" means a mercury-added product or device for measuring, controlling or regulating the flow of gas, other fluids or electricity. "Mercury switch" includes mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, mercury flame sensors and mercury connectors for making, breaking or changing the connection in an electrical circuit. "Mercury switch" does not include a mercury-added thermostat as defined in section 1665‑B, subsection 1, paragraph B . [PL 2009, c. 277, §1 (AMD).]

5. Motor vehicle component. "Motor vehicle component" means a mercury-added product that is a component in a motor vehicle. "Motor vehicle component" includes, but is not limited to, a mercury headlamp, a mercury light switch and a mercury switch in antilock braking systems. [PL 2001, c. 656, §1 (NEW).]

6. Scrap recycling facility. "Scrap recycling facility" means a fixed location where machinery and equipment are used to process and manufacture scrap metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes. [PL 2005, c. 148, §2 (NEW).]
38 M.R.S. § 546-A — ME Code / Title 38 / Chapter 3 / Section 546-A
38 §546-A. State marine oil spill contingency plan
Status: in_force

1. Plan. The commissioner shall develop by December 31, 1991 a preliminary state marine oil spill contingency plan. The commissioner shall hold a public hearing in the process of developing the plan. The commissioner shall consult and coordinate with other agencies and organizations developing information for oil spill response planning to prevent a duplication of effort and the creation of incompatible data and data bases. [PL 1991, c. 454, §5 (NEW).]

2. Worst-case scenarios. The marine oil spill contingency plan must address a range of scenarios, including spills of 100,000 gallons, 1,000,000 gallons and 6,000,000 gallons and the worst-case scenario in each major port area in both favorable and adverse conditions. The worst-case scenario in each major port area is the loss of an entire vessel of the following capacities: A. Portland: 30,000,000 gallons; [PL 1991, c. 454, §5 (NEW).] B. Penobscot Bay and Penobscot River: 11,000,000 gallons; [PL 1991, c. 454, §5 (NEW).] C. Portsmouth, New Hampshire: 13,000,000 gallons; [PL 1991, c. 454, §5 (NEW).] D. St. John, New Brunswick: 90,000,000 gallons; [PL 1991, c. 454, §5 (NEW).] E. Eastport: 100,000 gallons; and [PL 1991, c. 454, §5 (NEW).] F. Elsewhere on the coast: 30,000 gallons. [PL 1991, c. 454, §5 (NEW).] [PL 1991, c. 454, §5 (NEW).]

3. Contents of plan. The marine oil spill contingency plan must include: A. The designation of a state oil spill coordinator; [PL 1991, c. 454, §5 (NEW).] B. A clear definition of the roles of the department, the oil industry, oil spill response organizations and the United States Coast Guard in various circumstances, as well as the roles of other state agencies including the Maine Emergency Management Agency; [PL 1991, c. 698, §7 (AMD).] C. A clear definition of the State's role under the joint agreement between the United States and Canada known as CANUSLANT; [PL 1991, c. 454, §5 (NEW).] D. An inventory of oil spill response equipment available within the State; [PL 1991, c. 454, §5 (NEW).] E. A listing of sources for qualified, trained spill responders within the State; [PL 1991, c. 454, §5 (NEW).] F. Preapproved criteria for use of dispersants, bioremediation and in situ burning, developed in consultation with the United States Coast Guard and other responsible agencies, and the names of the individuals authorized to make the final decision for the State on their use; [PL 1991, c. 454, §5 (NEW).] G. Identification of sensitive areas and resources, and management strategies to protect them; [PL 1991, c. 454, §5 (NEW).] H. Identification of resources for wildlife rehabilitation; and [PL 1991, c. 454, §5 (NEW).] I. Identification of facilities for disposal of oily debris and for separation, transport and storage of recovered oil. [PL 1991, c. 454, §5 (NEW).] [PL 1991, c. 698, §7 (AMD).]

4. Considerations. In preparing the plan, the need for pre-positioned response teams and additional equipment must be considered. [PL 1991, c. 454, §5 (NEW).]

5. Revision. The commissioner shall at least annually review and make recommendations to revise the plan and shall notify all licensees and interested parties requesting to be notified of any substantial changes to the plan. Licensees and interested parties may request a public hearing on changes to the plan by submitting a written request to the commissioner signed by at least 5 persons. [PL 1991, c. 698, §8 (AMD).]
38 M.R.S. § 2008 — ME Code / Title 38 / Chapter 23 / Section 2008
38 §2008. Budget meeting
Status: in_force

The trustees of a watershed district shall annually before June 1st call a district budget meeting to approve the operating budget, reserve fund for a capital outlay purpose or capital outlay appropriations in the following manner. [PL 1987, c. 711 (NEW).]

1. Call and notice. Each district budget meeting shall be called by a warrant signed by a majority of the trustees. The warrant shall specify the time and place of the meeting and shall set forth the proposed budget and any other items of business. The warrant shall be directed to any resident of the district, by name, ordering that resident to notify all voters within the district to assemble at the time and place appointed. An attested copy of the warrant shall be posted by the person to whom it is directed in some conspicuous place in each of the municipalities within the district at least 7 days before the meeting. The person who gives notice of the meeting shall make a return on the warrant, stating the manner of notice in each municipality and the time when it was given. [PL 1987, c. 711 (NEW).]

2. Voting list. The trustees shall appoint a resident of the district to serve as registration clerk and to make and keep a voting list of all residents in the district eligible to vote. The registration clerk shall compile the district voting list from the voting lists of all municipalities and the portions of unorganized territory lying within the district. At least 14 days before any budget meeting, the registration clerk shall bring that voting list up to date by comparing the list with those voting lists found in the municipalities and the portions of unorganized territory within the district and by making such additions and deletions as necessary. Additions or deletions may not be made within the 14-day period prior to the meeting. [PL 1993, c. 721, Pt. E, §6 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

3. Quorum; meeting rules. Each person whose name appears on the district voting list may attend and vote at a district budget meeting. Twenty-five registered voters constitute a quorum. When a quorum of voters is present, the chair of the trustees shall open the meeting by calling for the election of a moderator, receiving and counting votes for moderator and swearing in the moderator. As soon as a moderator has been elected and sworn, the moderator shall preside at the meeting. The secretary of the district shall record accurately all votes of the meeting. [RR 2021, c. 2, Pt. B, §300 (COR).]

4. Budget approval. The trustees shall thoroughly explain the proposed budget and the voters of the district shall be given an opportunity to be heard. At the district budget meeting, only those items dealing with the expenses necessary to operate the district, appropriations for a reserve fund and capital outlay shall be subject to change by the voters. The initial budget submitted by the trustees of the watershed district following the district's formation and organization must be approved by the voters at the district budget meeting. If the initial budget is not approved by July lst, the trustees shall make as many revisions and conduct as many meetings as necessary to secure budget approval by the voters. If a budget for the operation of the district is not approved prior to July 1st in any following year, the previous fiscal year's budget shall automatically be considered the approved budget for that fiscal year. [PL 1989, c. 106, §8 (AMD).]
38 M.R.S. § 907 — ME Code / Title 38 / Chapter 5 / Section 907
38 §907. Right to withdraw petition
Status: in_force

A dam owner may at any time withdraw a petition filed under this article. [PL 1995, c. 630, §3 (NEW).]
38 M.R.S. § 531 — ME Code / Title 38 / Chapter 3 / Section 531
38 §531. Execution by Governor; form of execution
Status: in_force

The Governor of this State is authorized and directed to execute a compact, on behalf of the State of Maine, with any one or more of the states of New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island and New York, to be known as the New England Interstate Water Pollution Control Compact, heretofore adopted by the states of Massachusetts, Connecticut, Rhode Island, New York, Vermont and New Hampshire and approved by Act of the Congress of the United States, and to execute any supplementary agreements with the states now parties to such compact and the operation thereof.

When the Governor, on behalf of the State, executes such compact or any agreement supplementary thereto, the Governor shall affix the Governor's signature thereto under a recital that the compact or agreement is executed pursuant to the provisions thereof, subject to the limitations and qualifications contained in this subchapter. [RR 2021, c. 2, Pt. B, §239 (COR).]
38 M.R.S. § 570-AA — ME Code / Title 38 / Chapter 3 / Section 570-AA
38 §570-AA. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 294, §2 (NEW).]

1. Development. "Development" means the activities conducted subsequent to the exploration for and discovery of oil or natural gas resources, but prior to the production of those resources, to facilitate the production of those resources, including, but not limited to, geophysical activities, drilling, platform construction, pipeline construction and the operation of all onshore support facilities specifically constructed or designed to support those activities. [PL 2019, c. 294, §2 (NEW).]

2. Exploration. "Exploration" means the activities conducted to locate oil or natural gas resources, prior to the development or production of those resources, including, but not limited to, the drilling of wells for the purpose of locating and determining the size and scope of those resources. [PL 2019, c. 294, §2 (NEW).]

3. Federal waters. "Federal waters" means those waters and submerged lands lying seaward to the waters of the State that are subject to federal jurisdiction and control. [PL 2019, c. 294, §2 (NEW).]

4. Oil terminal facility. "Oil terminal facility" has the same meaning as in section 542, subsection 7 . [PL 2019, c. 294, §2 (NEW).]

5. North Atlantic planning area. "North Atlantic planning area" means an area of federal waters in the outer Continental Shelf adjacent to the coastal waters of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York and New Jersey. [PL 2019, c. 294, §2 (NEW).]

6. Production. "Production" means the activities conducted subsequent to the exploration, discovery and development of oil or natural gas resources including, but not limited to, the removal or extraction of those resources, related field operations, the transportation of those resources over the waters of the State to onshore facilities, workover drilling and the operation, monitoring and maintenance of the removal or extraction process. "Production" does not include the transfer of oil or natural gas resources to or from the waters of the State, including both onloading and offloading of oil or natural gas resources between an oil terminal facility and a vessel or between vessels, except that "production" does include the transfer of oil or natural gas resources to or from the waters of the State when such transfer involves oil or natural gas resources removed or extracted from federal waters in the north Atlantic planning area. [PL 2019, c. 294, §2 (NEW).]

7. Vessel. "Vessel" has the same meaning as in section 542, subsection 11 . [PL 2019, c. 294, §2 (NEW).]
38 M.R.S. § 345-A — ME Code / Title 38 / Chapter 2 / Section 345-A
38 §345-A. Hearings
Status: in_force

1. Hearings. [PL 1989, c. 890, Pt. A, §28 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

1-A. Department hearings. The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title. [PL 1989, c. 890, Pt. A, §29 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

2. Maine Administrative Procedure Act. Except as provided elsewhere, all hearings of the department must be conducted in accordance with the procedural requirements of the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1989, c. 890, Pt. A, §30 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF).]

2-A. Intervenor procedures. The board shall adopt rules that define the procedures and scope of participation for intervenors. [PL 1991, c. 804, Pt. A, §4 (NEW).]

3. Fees. The Commissioner of Environmental Protection may establish fees which recover the expenses entailed in providing notice to interested persons required by this section or reproducing all or any part of the record of any hearings for the applicant or interested persons. [PL 1983, c. 566, §6 (NEW).]

4. Subpoena power. The board and commissioner may each issue subpoenas to compel the production of books, records and other data related to the matters in issue at any hearing. If any person served with a subpoena demonstrates to the satisfaction of the issuer of the subpoena that the production of the information would, if made public, divulge methods or processes which are entitled to protection as trade secrets, the information shall be disclosed only at a nonpublic portion of the hearing and shall be confidential and not available for public inspection. If any person fails or refuses to obey such a subpoena, the issuer of the subpoena may apply to any Justice of the Superior Court for an order compelling that person to comply with the subpoena. The Superior Court may issue an order and may punish failure to obey the order as civil contempt. [PL 1985, c. 746, §10 (NEW).]

5. Public meetings. At the board's or commissioner's discretion, the board or commissioner may schedule and hold public meetings in the geographic area of a proposed project for the purpose of collecting comments that become part of the record in a pending action. Any such meeting must be held during the period when written public comments may be submitted to the department. This subsection and the conduct of a public meeting do not change any other obligation the department has to hold public hearings that are mandatory by statute or required after a timely request is filed. [PL 2007, c. 43, §1 (NEW).]
38 M.R.S. § 655 — ME Code / Title 38 / Chapter 5 / Section 655
38 §655. --damages for flowing or diversion; limitations
Status: in_force

Any person whose lands are damaged by being flowed by a milldam, or by the diversion of the water by such canal, may obtain compensation for the injury, by complaint to the Superior Court in the county where any part of the lands are; but no compensation shall be awarded for damages sustained more than 3 years before the institution of the complaint.
38 M.R.S. § 612 — ME Code / Title 38 / Chapter 5 / Section 612
38 §612. Streams forming state boundary
Status: in_force

This chapter applies to mills and dams erected upon streams forming the boundary line of the State although a part of the dam is not in the State. The rights and remedies of all parties concerned shall be ascertained and determined as if the whole of such streams were in the State. This chapter shall not apply to mills and dams erected upon streams whose waters ultimately reach the ocean at a point wholly outside the territorial limits of the United States of America unless said dams are authorized by Act of the Legislature or by a decree of the Public Utilities Commission made after public notice and hearing on petition for such authorization.
38 M.R.S. § 590-A — ME Code / Title 38 / Chapter 4 / Section 590-A
38 §590-A. License terms
Status: in_force

The term of air emission licenses is 10 years, except that the term of licenses for air contaminant sources subject to the state permitting provisions of 40 Code of Federal Regulations, Part 70 is 5 years and licenses issued pursuant to rules adopted pursuant to section 580‑B, subsection 4, paragraph D have no term. The board may establish, by rule, shorter license terms for the following source categories as it considers necessary to protect the public health, safety and welfare: [PL 2011, c. 538, §13 (AMD).]

1. Waste incinerators. Sources designed to burn solid waste for which a municipality is responsible pursuant to section 1305 ; [PL 1987, c. 279 (NEW).]

2. Innovative control. Sources utilizing new or innovative air pollution control technology; and [PL 1987, c. 279 (NEW).]

3. New sources. New sources that have not previously received an air emissions license from the department and those individual emission sources that have not previously been included in an air emissions license. [PL 1987, c. 279 (NEW).]
38 M.R.S. § 535 — ME Code / Title 38 / Chapter 3 / Section 535
38 §535. Appropriations
Status: in_force

The State agrees to appropriate from the General Fund and contribute to the commission such annual amount as may be required for its several purposes under the terms of the compact, not in excess of $1,000, which limitation is imposed by the State as a condition under which it becomes a party thereto. The State, as a further condition under which it becomes a party to the compact, reserves the right to withdraw therefrom at any time upon 60 days' notice to the chair of the commission. [RR 2021, c. 2, Pt. B, §240 (COR).]

The Governor shall determine if and when it is for the best interests of the State to withdraw from the compact. In the event the Governor determines that the State should withdraw from the compact, the Governor has full power and authority to give the notice as required herein and to take any and all steps necessary and proper to effect the withdrawal of the State from the compact. [RR 2021, c. 2, Pt. B, §240 (COR).]
38 M.R.S. § 634 — ME Code / Title 38 / Chapter 5 / Section 634
38 §634. Permit requirements
Status: in_force

1. Coordinated permit review. Permits required under the following laws are not required by any state agency for projects reviewed or exempted from review under this subarticle: natural resource protection laws, chapter 3, subchapter I, article 5‑A ; site location of development laws, chapter 3, subchapter I, article 6 ; and land use regulation laws, Title 12, chapter 206‑A . Notwithstanding section 654, the department may attach reasonable conditions consistent with this subarticle concerning the operation of hydropower projects. The commissioner shall give written notice to the Commissioner of Inland Fisheries and Wildlife and the Commissioner of Marine Resources of the intent of any applicant for a permit to construct a dam. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §183 (AMD).]

2. Application. An application for a permit required by section 633 must be made on forms provided by the commissioner and filed with the commissioner. Public notice of the filing must be made as required by the board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §183 (AMD).]

3. Application review. Within 10 working days of receiving a completed application, the commissioner shall notify the applicant of the official date on which the application was accepted. The commissioner shall circulate the application among the Department of Environmental Protection, Department of Agriculture, Conservation and Forestry, Department of Inland Fisheries and Wildlife, Department of Marine Resources, Department of Transportation, Maine Historic Preservation Commission, Governor's Energy Office, Public Utilities Commission and the municipal officials of the municipality in which the project is located. The Governor's Energy Office and the Public Utilities Commission shall submit written comments on section 636, subsection 7, paragraph F . For projects within the jurisdiction of the Maine Land Use Planning Commission, the director may request and obtain technical assistance and recommendations from the staff of the department. The Commissioner of Environmental Protection shall respond to the requests in a timely manner. The recommendations of the Commissioner of Environmental Protection must be considered by the commission in acting upon a project application. [PL 2011, c. 655, Pt. MM, §21 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).]

4. Dam removal. A person intending to file an application for a permit to remove an existing dam must attend a preapplication meeting with the department and must hold a public informational meeting prior to filing the application. The preapplication meeting and the public informational meeting must be held in accordance with the department's rules on the processing of applications. [PL 2003, c. 134, §2 (NEW).]
38 M.R.S. § 285 — ME Code / Title 38 / Chapter 1 / Section 285
38 §285. Enforcement of operating restrictions
Status: in_force

Every law enforcement officer in this State, including harbor masters and their deputies, shall have the authority to enforce this subchapter, and in the exercise thereof shall have the authority to stop and board any such watercraft, vessel or motorboat found in violation of said subchapter. It shall be unlawful for the operator of any such watercraft, vessel or motorboat to fail to stop upon hail from any such officer, and a violation of the same shall be punished as provided in section 282 .
38 M.R.S. § 635 — ME Code / Title 38 / Chapter 5 / Section 635
38 §635. Department decision
Status: in_force

Upon receipt of a properly completed application, the department shall: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]

1. Approval. Approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public's health, safety and general welfare, including the public interest in replacing oil with hydroelectric energy. These terms and conditions may include, but are not limited to: A. Establishment of a water level range for the body of water impounded by a hydropower project; [PL 1983, c. 458, §18 (NEW).] B. Establishment of instantaneous minimum flows for the body of water affected by a hydropower project; and [PL 1983, c. 458, §18 (NEW).] C. Provision for the construction and maintenance of fish passage facilities. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).] When the proposed project involves maintenance, reconstruction or structural alteration at an existing hydropower project and when the proposed project will not alter historic water levels or flows after its completion, the department may impose temporary terms and conditions of approval relating to paragraph A or paragraph B but may not impose permanent terms and conditions that alter historic water levels or flows; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]

2. Disapproval. Disapprove the proposed project setting forth in writing the reasons for the disapproval; or [PL 1983, c. 458, §18 (NEW).]

3. Hearing. Schedule a hearing on the proposed project. Any hearing held under this subsection must follow the notice requirements and procedures for an adjudicatory hearing under Title 5, chapter 375, subchapter IV . After a hearing is held under this subsection, the department shall make findings of facts and issue an order approving or disapproving the proposed project, as provided in subsections 1 and 2 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).]
38 M.R.S. § 1310-A — ME Code / Title 38 / Chapter 13 / Section 1310-A
38 §1310-A. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1311) (REALLOCATED TO TITLE 38, SECTION 1319-P)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1311)

(REALLOCATED TO TITLE 38, SECTION 1319-P)
38 M.R.S. § 957 — ME Code / Title 38 / Chapter 6 / Section 957
38 §957. Use districts and classifications
Status: in_force

1. Classification. The land and water area within the Saco River Corridor shall be classified by the commission according to the following land and water use districts: A. Resource protection; [PL 1979, c. 459, §1 (NEW).] B. Limited residential; and [PL 1979, c. 459, §1 (NEW).] C. General development. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

2. Use. Within each of these districts, the possible uses of land and water shall be divided into the following 3 categories: A. Uses for which no permit from the commission is required; [PL 1979, c. 459, §1 (NEW).] B. Uses allowed by permit; and [PL 1979, c. 459, §1 (NEW).] C. Prohibited uses. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1032 — ME Code / Title 38 / Chapter 10 / Section 1032
38 §1032. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 2013, c. 555, §6 (NEW).]

1. Charter. "Charter" means a private and special law or series of private and special laws that establishes a sewer district and defines its responsibilities and authorities. [PL 2013, c. 555, §6 (NEW).]

2. Rates. "Rates" means a rate, toll, rent, assessment, supplemental charge or other lawful charge established by a sewer district pursuant to its charter. [PL 2013, c. 555, §6 (NEW).]

3. Sewer district. "Sewer district" means a district, including a multipurpose district and standard district, created by a private and special law of the State whose purposes include collection, interception and treatment of sewerage. Except as otherwise provided in this chapter or other applicable law, "sewer district" does not include a district whose sewerage activities are confined to interception and treatment. [PL 2013, c. 555, §6 (NEW).]

4. Standard district. "Standard district" means a sewer district that is formed and chartered by a private and special law in conformance with this chapter. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1603 — ME Code / Title 38 / Chapter 16 / Section 1603
38 §1603. Foam products
Status: in_force

1. Prohibition on extruded polystyrene foam sheets. After January 1, 1989, no person may sell or offer to sell in this State any product composed in whole or in part of thermoformed extruded polystyrene foam sheets if the foam is manufactured using any fully halogenated chlorofluorocarbon found by the United States Environmental Protection Agency to be an ozone-depleting chemical. [PL 1987, c. 752, §3 (NEW).]

2. Prohibition on foam board. No person may sell or offer to sell in this State any product composed in whole or in part of foam board if: A. The foam is manufactured using any fully halogenated chlorofluorocarbons found by the United States Environmental Protection Agency to be an ozone-depleting chemical; and [PL 1987, c. 752, §3 (NEW).] B. A substitute for fully halogenated chlorofluorocarbon blowing agents is available and found to meet public health and safety standards by all applicable federal and state agencies. [PL 1987, c. 752, §3 (NEW).] [PL 1989, c. 39 (AMD).]

3. Compliance. Compliance with this section shall be as follows. A. All distributors engaged in the sale or distribution in the State of products covered under subsection 1 shall certify to the commissioner their compliance with subsection 1 . [PL 1989, c. 39 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §274 (AMD).] B. All distributors engaged in the sale or distribution in the State of products covered under subsection 2 shall certify to the commissioner by July 1, 1990, their compliance or scheduled compliance with subsection 2 . [PL 1989, c. 39 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §274 (AMD).] [PL 1989, c. 39 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §274 (AMD).]
38 M.R.S. § 704 — ME Code / Title 38 / Chapter 5 / Section 704
38 §704. Trial; costs
Status: in_force

When an answer is filed pursuant to section 703 and an issue in fact or in law is joined, it must be decided as similar issues are decided at common law. If judgment is for the defendant, the defendant is entitled to recover the defendant's costs. [PL 2023, c. 405, Pt. A, §136 (AMD).]
38 M.R.S. § 469 — ME Code / Title 38 / Chapter 3 / Section 469
38 §469. Classifications of estuarine and marine waters
Status: in_force

1. Cumberland County. All estuarine and marine waters lying within the boundaries of Cumberland County and that are not otherwise classified are Class SB waters. A. Cape Elizabeth. (1) Tidal waters of the Spurwink River system lying north of a line at latitude 43°-33'-44" N. - Class SA. [PL 1989, c. 764, §22 (AMD).] B. [PL 2017, c. 137, Pt. B, §16 (RP).] B-1. Chebeague Island. (1) Tidal waters of the Town of Chebeague Island located within the area described by the following points: from a point located at latitude 43° - 38'-21" N., longitude 70° - 00'-20" W.; thence running due west to a point located at latitude 43° - 38'-21" N., longitude 70° - 01'-28" W.; thence running northwesterly to a point located at latitude 43° - 41'-17" N., longitude 70° - 05'-43" W.; thence running northeasterly to a point located at latitude 43° - 42'-57" N., longitude 70° - 03'-48" W.; thence running southeasterly to point of beginning - Class SA. [PL 2017, c. 137, Pt. B, §16 (NEW).] C. Falmouth. (1) Tidal waters of the Town of Falmouth located westerly and northerly, to include the Presumpscot estuary, of a line running from the southernmost point of Mackworth Island; thence running northerly along the western shore of Mackworth Island and the Mackworth Island Causeway to a point located where the causeway joins Mackworth Point - Class SC. [PL 1999, c. 277, §25 (AMD).] D. Harpswell. (1) Tidal waters of the Town of Harpswell located within the area described by the following points: from a point located at latitude 43° - 38'-21" N., longitude 70° - 00'-00" W.; thence running due west to a point located at latitude 43° - 38'-21" N., longitude 70° - 00'-20" W.; thence running northwesterly to a point located at latitude 43° - 42'-57" N., longitude 70° - 03'-48" W.; thence running northeasterly to a point located at latitude 43° - 43'-08" N., longitude 70° - 03'-36" W.; thence running southeasterly to a point located at latitude 43° - 42'-02" N., longitude 70° - 00'-00" W.; thence running due south to point of beginning - Class SA. [PL 2017, c. 137, Pt. B, §16 (AMD).] D-1. Long Island. (1) Tidal waters of the Town of Long Island located within the area described by the following points: from a point located at latitude 43° - 38'-21" N., longitude 70° - 05'-00" W.; thence running due west to a point located at latitude 43° - 38'-21" N., longitude 70° - 08'-52" W.; thence running northwesterly to a point located at latitude 43° - 38'-27" N., longitude 70° - 08'-58" W.; thence running northeasterly to a point located at latitude 43° - 40'-08" N., longitude 70° - 07'-03" W.; thence running southeasterly to point of beginning - Class SA. [PL 2017, c. 475, Pt. A, §65 (AMD).] E. Portland. (1) Tidal waters of the City of Portland located within the area described by the following points: from a point located at latitude 43° - 38'-21" N., longitude 70° - 01'-28" W.; thence running due west to a point located at latitude 43° - 38'-21" N., longitude 70° - 05'-00" W.; thence running northwesterly to a point located at latitude 43° - 40'-08" N., longitude 70° - 07'-03" W.; thence running northeasterly to a point located at latitude 43° - 41'-17" N., longitude 70° - 05'-43" W.; thence running southeasterly to point of beginning - Class SA. (2) Tidal waters of the City of Portland lying westerly of a line beginning at Spring Point Light in South Portland to the easternmost point of Fort Gorges Island, thence running northerly to the southernmost point of Mackworth Island - Class SC. (3) Tidal waters of the City of Portland located within the area described by the following points: from a point located at latitude 43° - 38'-21" N., longitude 70° - 08'-52" W.; thence running due west to a point located at latitude 43° - 38'-21" N., longitude 70° - 09'-06" W.; thence running northeasterly to a point located at latitude 43° - 38'-27" N., longitude 70° - 08'-58" W.; thence running southeasterly to point of beginning - Class SA. [PL 2017, c. 475, Pt. A, §66 (AMD).] E-1. Scarborough. (1) Tidal waters of the Scarborough River system lying north of a line running easterly from a point where the old Boston and Maine Railroad line intersects the marsh at latitude 43°-33'-06" N., longitude 70°-20'-58" W. to a point of land north of Black Rock at latitude 43°-33'-06" N., longitude 70°-19'-25" W., excluding those tidal waters of Phillips Brook lying upstream of a point 500 feet south of U.S. Route 1 - Class SA. (2) Tidal waters of the Spurwink River system lying north of a line extending from Higgins Beach at latitude 43°-33'-44" N. to the town line - Class SA. [PL 1989, c. 764, §23 (NEW).] F. South Portland. (1) Tidal waters of the City of South Portland lying westerly of a line beginning at Spring Point Light to the easternmost point of Fort Gorges Island in Portland - Class SC. [PL 1999, c. 277, §27 (AMD).] G. [PL 1989, c. 764, §24 (RP).] [PL 2017, c. 475, Pt. A, §§65, 66 (AMD).]

2. Hancock County. All estuarine and marine waters lying within the boundaries of Hancock County and that are not otherwise classified are Class SB waters. A. Bar Harbor. (1) Tidal waters, except those lying within 500 feet of privately owned shoreline, lying northerly of latitude 44` - 16'-36" N., southerly of latitude 44` - 20'-27" N., and westerly of longitude 68` - 09'-28" W. - Class SA. [PL 1985, c. 698, §15 (NEW).] A-1. Brooksville. (1) Tidal waters of the Bagaduce River lying easterly of a line running due south from the westernmost point of Young's Island (Penobscot) - Class SA. [PL 2017, c. 137, Pt. B, §17 (AMD).] B. Bucksport. (1) All tidal waters - Class SC. [PL 1985, c. 698, §15 (NEW).] C. Cranberry Isles. (1) Tidal waters, except those lying within 500 feet of privately owned shoreline, lying within 0.5 mile of the shore of Baker Island - Class SA. [PL 1985, c. 698, §15 (NEW).] D. Mount Desert. (1) Tidal waters, except those lying within 500 feet of privately owned shoreline, lying northerly of latitude 44° - 16'-36" N. and easterly of longitude 68° - 13'-08" W. - Class SA. (2) Tidal waters of Somes Sound lying northerly of a line beginning at a point located at the Acadia National Park boundary at latitude 44° - 18'-18" N., longitude 68° - 18'-42" W. and running northeasterly to a point located at the Acadia National Park boundary at latitude 44° - 18'-54" N., longitude 68° - 18'-22" W., except those waters of Broad Cove lying west of a line running from the point of land immediately south of the cove northerly to Navigation Can #7 - Class SA. Pursuant to section 464, subsection 4, paragraph F , subparagraph (2), those waters lying within 500 feet of a stormwater discharge licensed by the department on December 31, 2021 in accordance with rules adopted by the department are not designated as outstanding national resources. [PL 2021, c. 503, §8 (AMD).] E. Orland. (1) Tidal waters lying northerly of the southernmost point of land on Verona Island - Class SC. [PL 1985, c. 698, §15 (NEW).] E-1. Penobscot. (1) Tidal waters of the Bagaduce River lying southerly of Winslow Island and easterly of the westernmost point of Young's Island - Class SA. [PL 2003, c. 317, §23 (NEW).] E-2. Sedgwick. (1) Tidal waters of the Bagaduce River - Class SA. [RR 2021, c. 2, Pt. A, §131 (COR).] F. Southwest Harbor. (1) Tidal waters lying northerly of latitude 44` - 12'-44` -" N., southerly of latitude 44` - 14'-13" N. and westerly of longitude 68` - 18'-27" W. - Class SA. (2) Tidal waters of Somes Sound lying northerly of a line beginning at a point located at the Acadia National Park boundary at latitude 44` - 18'-18" N., longitude 68` - 18'-42" W. and running northeasterly to a point located at the Acadia National Park boundary at latitude 44` - 18'-54" N., longitude 68` - 18'-22" W. - Class SA. [PL 1999, c. 277, §29 (AMD).] G. Tremont. (1) Tidal waters lying northerly of latitude 44` - 12'-44` -" N., southerly of latitude 44` - 14'-13" N. and easterly of longitude 68` - 20'-30" W. - Class SA. [PL 1985, c. 698, §15 (NEW).] H. Verona Island. (1) Tidal waters lying northerly of the southernmost point of land on Verona Island - Class SC. [PL 2003, c. 534, §3 (AMD); PL 2003, c. 534, §5 (AFF).] I. Winter Harbor. (1) Tidal waters lying south of a line running west from the northernmost tip of Frazer Point to longitude 68`-05'-00" W. and east of longitude 68`-05'-00" W. - Class SA. [PL 1989, c. 764, §25 (NEW).] [RR 2021, c. 2, Pt. A, §131 (COR).]

3. Knox County. All estuarine and marine waters lying within the boundaries of Knox County and that are not otherwise classified are Class SB waters. A. Isle Au Haut. (1) Tidal waters, except those lying within 500 feet of privately owned shoreline, lying northerly of latitude 44` - 00'-00" N., southerly of latitude 44` - 03'-06" N., easterly of longitude 68` - 41'-00" W. and westerly of longitude 68` - 35'-00" W. - Class SA. [PL 1985, c. 698, §15 (NEW).] B. Owls Head. (1) Tidal waters lying westerly of a line running between the southernmost point of land on Jameson Point, Rockland and the northernmost point of land on Battery Point - Class SC. [PL 2017, c. 137, Pt. B, §19 (AMD).] C. Rockland. (1) Tidal waters lying westerly of a line running between the southernmost point of land on Jameson Point and the northernmost point of land on Battery Point, Owls Head - Class SC. [PL 2017, c. 137, Pt. B, §19 (AMD).] [PL 2017, c. 137, Pt. B, §19 (AMD).]

3-A. Lincoln County. All estuarine and marine waters lying within the boundaries of Lincoln County and that are not otherwise classified are Class SB waters. A. Boothbay. (1) Tidal waters lying south of the northernmost point of Damariscove Island and west of longitude 69`-36'-00" W. - Class SA. [PL 1989, c. 764, §26 (NEW).] [PL 2011, c. 206, §11 (AMD).]

4. Penobscot County. All estuarine and marine waters lying within the boundaries of Penobscot County and that are not otherwise classified are Class SB waters. A. Hampden. (1) Tidal waters lying southerly of a line extended in an east-west direction from the outlet of Reed Brook in the Village of Hampden Highlands - Class SC. [PL 1985, c. 698, §15 (NEW).] B. Orrington. (1) Tidal waters lying southerly of a line extended in an east-west direction from the outlet of Reed Brook in the Village of Hampden Highlands - Class SC. [PL 1985, c. 698, §15 (NEW).] [PL 2011, c. 206, §11 (AMD).]

5. Sagadahoc County. All estuarine and marine waters lying within the boundaries of Sagadahoc County and that are not otherwise classified are Class SB waters. A. Georgetown. (1) Tidal waters located within a line beginning at a point on the shore located at latitude 43` - 47'-16" N., longitude 69` -43'-09" W. and running due east to longitude 69` -42'-00" W.; thence running due south to latitude 43` - 42'-52" N.; thence running due west to longitude 69` -44' -25" W.; thence running due north to a point on the shore located at latitude 43` - 46'-15" N., longitude 69` -44'-25" W.; thence running northerly along the shore to point of beginning - Class SA. [PL 1985, c. 698, §15 (NEW).] B. Phippsburg. (1) Offshore waters east of longitude 69°-50'-05" W. and west of longitude 69°-47'-00" W., including the tidal waters of the Morse River and the Sprague River - Class SA. (2) Tidal waters of The Basin, including The Narrows east of longitude 69°-51'-57" W. - Class SA. (3) Tidal waters of the Kennebec River in Phippsburg within 500 feet of shore, beginning at a point of land at the head of Atkins Bay located at longitude 69°-48'-14" W. and latitude 43°-44'-40.4" N. and extending along the southeast shore of Atkins Bay to a point 500 feet off Fort Popham located at longitude 69°-47'-00" W. and latitude 43°-45'-23.89" N. - Class SA. [PL 2017, c. 137, Pt. B, §20 (AMD).] [PL 2017, c. 137, Pt. B, §20 (AMD).]

6. Waldo County. All estuarine and marine waters lying within the boundaries of Waldo County and that are not otherwise classified are Class SB waters. A. Frankfort. (1) All tidal waters - Class SC. [PL 1985, c. 698, §15 (NEW).] B. Prospect. (1) All tidal waters - Class SC. [PL 1985, c. 698, §15 (NEW).] C. Searsport. (1) Tidal waters located within a line beginning at the southernmost point of land on Kidder Point and running southerly along the western shore of Sears Island to the southernmost point of Sears Island; thence running due south to latitude 44`-25'-25" N.; thence running due west to latitude 44`-25'-25" N., longitude 68`-54'-30" W.; thence running due north to the shore of Mack Point at longitude 68`-54'-30" W.; thence running along the shore in an easterly direction to point of beginning - Class SC. [PL 1989, c. 764, §28 (AMD).] D. Stockton Springs. (1) Tidal waters lying northerly of the southernmost point of land on Verona Island - Class SC. [PL 1985, c. 698, §15 (NEW).] E. Winterport. (1) All tidal waters - Class SC. [PL 1985, c. 698, §15 (NEW).] [PL 2011, c. 206, §11 (AMD).]

7. Washington County. All estuarine and marine waters lying within the boundaries of Washington County and that are not otherwise classified are Class SB waters. A. Beals. (1) Tidal waters lying east of the line extending from the westernmost point of Three Falls Point to the easternmost point of Crumple Island; thence south along longitude 67`-36'-47" W. - Class SA. (2) Tidal waters lying south of a line extending from the easternmost point of the southern shore of the Mud Hole; thence extending along latitude 44`-29'-00" N. to the town line - Class SA. [PL 1989, c. 764, §29 (RPR).] B. Calais. (1) Tidal waters of the St. Croix River and its tidal tributaries lying westerly of longitude 67`-14'-28" W. - Class SC. [PL 1989, c. 764, §29 (RPR).] C. Cutler. (1) All tidal waters except those waters in Machias Bay and Little Machias Bay north of a line running from the town line due east to the southernmost point of Cross Island; thence running northeast to the southeasternmost point of Cape Wash Island; thence running northeast to the westernmost point of Deer Island; thence running due north to the mainland; and those waters lying northwest of a line running from the easternmost point of Western Head to the easternmost point of Eastern Knubble - Class SA. [PL 1991, c. 499, §18 (AMD).] D. Eastport. (1) Tidal waters lying southerly of latitude 44`-54'-50" N., easterly of longitude 67`-02'-00" W. and northerly of latitude 44`-53'-15" N. - Class SC. [PL 1989, c. 764, §29 (RPR).] E. Edmunds. (1) All tidal waters - Class SA. [PL 1989, c. 764, §29 (NEW).] F. Lubec. (1) Tidal waters, except those lying within 500 feet of West Quoddy Head Light, south of a line beginning at a point located on the northern shore of West Quoddy Head at latitude 44`-49'-22" N., longitude 66`-59'-17" W. and running northeast to the international boundary at latitude 44`-49'-45" N., longitude 66`-57'-57" W. - Class SA. (2) Tidal waters west of a line running from the easternmost point of Youngs Point to the easternmost point of Leighton Neck in Pembroke - Class SA. [PL 1989, c. 764, §29 (NEW).] G. Milbridge. (1) Tidal waters south of a line running from the Steuben - Milbridge town line along latitude 44`-27'-39" N. to the northernmost point of Currant Island; thence running easterly to a point 1,000 feet from mean high tide on the northernmost point of Pond Island; thence along a line running 1,000 feet from mean high tide along the east side of Pond Island to the southernmost point of the island; thence running due south - Class SA. [PL 1999, c. 277, §30 (AMD).] H. Pembroke. (1) Tidal waters west of a line running from the easternmost point of Leighton Neck to the easternmost point of Youngs Point in Lubec - Class SA. [PL 1989, c. 764, §29 (NEW).] H-1. Perry. (1) Tidal waters south of a line running from Gleason Point easterly to the international boundary, thence southerly to the town line with Quoddy, thence westerly to the Old Eastport Road, including Boyden Stream and the Little River - Class SB. These waters are subject to a sustenance fishing designated use pursuant to section 466‑A . [PL 2019, c. 463, §15 (NEW).] I. Steuben. (1) Tidal waters southeast of a line beginning at Yellow Birch Head at latitude 44`-25'-05" N.; thence running to longitude 67`-55'-00" W.; thence running due south along longitude 67`-55'-00" W. - Class SA. (2) Tidal waters southwest of a line beginning at a point located south of Carrying Place Cove at latitude 44`-26'-18" N., longitude 67`-53'-14" W.; thence running along latitude 44`-26'-18" N. east to the town line - Class SA. [PL 1989, c. 764, §29 (NEW).] J. Trescott. (1) All tidal waters - Class SA. [PL 1989, c. 764, §29 (NEW).] K. Whiting. (1) Tidal waters of the Orange River - Class SA. [PL 1989, c. 764, §29 (NEW).] [PL 2019, c. 463, §15 (AMD).]

8. York County. All estuarine and marine waters lying within the boundaries of York County and that are not otherwise classified are Class SB waters. A. Biddeford. (1) Tidal waters of the Saco River and its tidal tributaries lying westerly of longitude 70`-22'-54" W. - Class SC. [PL 1989, c. 764, §30 (RPR).] B. Kennebunk. (1) Tidal waters of the Little River system lying north of latitude 43`-20'-10" N. - Class SA. [PL 1989, c. 764, §30 (RPR).] C. Kittery. (1) Tidal waters of the Piscataqua River and its tidal tributaries lying westerly of longitude 70`-42'-52" W., southerly of Route 103 and easterly of Interstate Route 95 - Class SC. (2) Tidal waters lying northeast of a line from Sisters Point; thence south along longitude 70`-40'-00" W. to the Maine-New Hampshire border; thence running southeast along the Maine-New Hampshire border to Cedar Ledge beyond the Isles of Shoals, except waters within 500 feet of the Isles of Shoals Research Station - Class SA. [PL 1989, c. 764, §30 (RPR).] D. Old Orchard Beach. (1) Tidal waters of Goosefare Brook and its tidal tributaries lying westerly of longitude 70`-23'-08" W. - Class SC. [PL 1989, c. 764, §30 (RPR).] E. Saco. (1) Tidal waters of Goosefare Brook and its tidal tributaries lying westerly of longitude 70`-23'-08" W. - Class SC. (2) Tidal waters of the Saco River and its tidal tributaries lying westerly of longitude 70`-22'-54" W. - Class SC. [PL 1989, c. 764, §30 (RPR).] F. Wells. (1) Tidal waters of the Little River system lying north of latitude 43`-20'-10" N. - Class SA. [PL 1989, c. 764, §30 (RPR).] G. York. (1) Tidal waters lying southwest of a line from Seal Head Point east along latitude 43`-07'-15" N. - Class SA. [PL 1989, c. 764, §30 (NEW).] [PL 2011, c. 206, §11 (AMD).]
38 M.R.S. § 1022 — ME Code / Title 38 / Chapter 9 / Section 1022
38 §1022. License to build or extend; application
Status: in_force

Any person intending to build or extend any wharf, fish weir or trap in tidewaters, within the limits of any city or town, shall apply in writing to the municipal officers of the city or town, stating the location of the weir, the boundaries of the cove in which the weir will be constructed as identified on a map prepared by the Commissioner of Marine Resources, limits and boundaries, as nearly as may be, of the intended erection or extension, and asking license for the intended erection or extension. The applicant must notify all parties that may be directly affected by the proposed construction. Upon receiving an application, the officers shall give at least 3 days' public notice of the application in a newspaper, published in the town, or, if there is no newspaper published in the town, in a newspaper published within the county, and shall designate in the notice a day and time on which they or their designee will meet on or near the premises described, to examine the same and hear all parties interested. If, following such examination and hearing of all parties interested, the officers decide that such erection or extension would not be an obstruction to navigation or injury to the rights of others, and determine to allow the same, they shall issue a license under their hands to the applicant, authorizing the applicant to make such an erection or extension, and to maintain the same within the limits mentioned in such license. The applicant for license to build or extend a fish weir or trap shall first give bond to the town, with sureties, in the sum of $5,000, conditioned that upon the termination of such license the applicant removes all stakes and brush from the location therein described. The municipal officers shall, within 10 days after the date of hearing, give written notice by mail of their decision to all parties interested. Any person aggrieved by the decision of the municipal officers, in either granting or refusing to grant a license as provided, may appeal to the Superior Court within 10 days after the mailing of such written notice. The court shall set a time and place for hearing and give notice thereof in the same manner as provided for a hearing before the municipal officers. The decision of the court must be communicated to the appellant and to the municipal officers of the town in which the proposed wharf, weir or trap is to be located. This decision is binding on the municipal officers, who shall issue a license, if so directed by the decision of the court, within 3 days after the decision has been communicated to them. If the appeal is sustained by the court in whole or in part, the appellant will have costs against the appellee. If the appeal is not so sustained, the appellee will have costs against the appellant. If any owner to whom a license has been issued or the owner's heirs or assigns fail to remove all stakes and brush within a period of one year after the termination of the license, as provided in section 1023 , any person can remove the same without charge against the owner or the owner's heirs or assigns. [PL 2011, c. 559, Pt. A, §36 (AMD).]

In the case of islands not within the jurisdiction of any town all powers of municipal officers to issue licenses to build weirs are conferred upon the owner or owners of such islands. If said owner or owners are unable to agree as to the issuance of a license they shall submit the question of such issuance to the Commissioner of Marine Resources, who shall, after a hearing at which all parties may be represented, decide as to the issuance of such license. [PL 1973, c. 513, §22 (AMD).]

In the case of waters adjacent to unorganized or deorganized territory that is not an island, the Commissioner of Marine Resources shall have the powers of municipal officers to issue licenses under this section. Notwithstanding the provisions of this section governing procedures, the Commissioner of Marine Resources shall review the application and hold a hearing as if this were a lease application under Title 12, section 6072, subsections 5 and 6 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §207 (AMD).]

Any licenses issued under this chapter shall constitute an approval and determination by the issuer thereof that the licensed wharf or weir constructed and operated within the limits imposed by such license does not adversely affect nor impair the interests of the issuer in such area, including navigation and the rights of private citizens in the area. Such license does not confer any right, title or interest in submerged or intertidal lands owned by the State. [PL 1975, c. 287, §2 (NEW).]
38 M.R.S. § 591-B — ME Code / Title 38 / Chapter 4 / Section 591-B
38 §591-B. Meteorological data collection
Status: in_force

1. Data requirements. A minimum of one year of acceptable on-site meteorological data is required for any modeling analysis. If more than one year of on-site data is available, all acceptable data must be used, up to a maximum of 5 years of data. If less than 5 consecutive years of acceptable on-site data is available, the source must continue to collect meteorological data to obtain an acceptable 5-year data base. Acceptable data means that the data meets the department's requirements based on the federal Environmental Protection Agency's guidelines on air quality models. [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]

2. New data collection requirements. Once an acceptable on-site 5-year data base has been approved by the commissioner, it is acceptable for modeling purposes until: A. The department's requirements based on federal requirements for meteorological data change; [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] B. Sufficient ambient air quality violations occur to make collection of additional meteorological data necessary; or [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] C. The emission source configuration is significantly changed. [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).] [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
38 M.R.S. § 608-A — ME Code / Title 38 / Chapter 4 / Section 608-A
38 §608-A. Soil decontamination
Status: in_force

Any rotary drum mix asphalt plant may process up to 10,000 cubic yards of soil contaminated by gasoline or #2 fuel oil per year without an air emissions license pursuant to section 590 . This limit may be exceeded with written authorization from the commissioner. The plant owner or operator shall notify the commissioner at least 24 hours prior to processing the contaminated soil and specify the contaminating fuel and quantity, origin of the soil and fuel and the disposition of the contaminated soil. The owner or operator shall maintain records of these activities for 6 years. [PL 1991, c. 817, §32 (RPR).]
38 M.R.S. § 992 — ME Code / Title 38 / Chapter 8 / Section 992
38 §992. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1987, c. 470, §2 (NEW).]

1. Commission. "Commission" means the St. Croix International Waterway Commission. [PL 1987, c. 470, §2 (NEW).]

2. Memorandum of Understanding. "Memorandum of Understanding" means the Memorandum of Understanding Between the State of Maine of the United States and the Province of New Brunswick of Canada Regarding the St. Croix International Waterway, signed by the Governor of the State and the Premier of the Province of New Brunswick in November 1986. [PL 1987, c. 470, §2 (NEW).]

3. Waterway. "Waterway" means the St. Croix River, including the Chiputneticook Lakes. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 414 — ME Code / Title 38 / Chapter 3 / Section 414
38 §414. Applications for licenses
Status: in_force

1. Administration. [PL 1977, c. 300, §17 (RP).]

2. Terms of licenses. Licenses are issued by the department for a term of not more than 5 years. [PL 2003, c. 246, §7 (AMD).]

2-A. Relicensing. The relicensing of an existing licensed waste discharge prior to or after the expiration of the term of the existing license is subject to all of the requirements of this chapter. For the purposes of this chapter, the term "relicense" includes, without limitation, the terms "renewal," "renew," "reissue" and "extend." Relicensing of a waste discharge may be denied for any of the reasons set forth in section 341‑D . [PL 1997, c. 794, Pt. A, §20 (AMD).]

3. Inspection and records. Authorized representatives of the commissioner and the Attorney General have access at any reasonable time, to and through any premises where a discharge originates or is located or where required records are kept, including records of industrial users of publicly owned treatment works, for the purposes of inspection, testing and sampling. The department may order a discharger to produce and has the right to copy any records relating to the handling, treatment or discharge of pollutants and may require any licensee to keep such records relating to the handling, treatment or discharge of pollutants as the department determines necessary. The department also may order, in writing, a discharger or industrial user of publicly owned treatment works to produce such records, reports and other information as may reasonably be required in order to determine if that person is in violation of any law, order, rule, license, permit, approval or decision of the board or commissioner related to a wastewater discharge. [PL 1997, c. 794, Pt. A, §20 (AMD).]

3-A. Inspection of overboard discharge systems. The department shall inspect all licensed overboard discharge systems. The cost of the inspections must be assessed as part of the annual license fee. For residential overboard discharges owned by individuals, the department shall provide a fee reduction based on the adjusted gross income of the license holder on the most recent tax return under the federal Internal Revenue Code of 1986. If the license holder's adjusted gross income is less than 50% of the median household income as specified in section 411 , the license holder may reduce the total fee by 50%. Any overboard discharge license owner with a mechanical treatment system must provide annual proof of a private maintenance contract for maintenance of that system. A. [PL 2003, c. 246, §8 (RP).] B. [PL 2003, c. 246, §8 (RP).] [PL 2025, c. 44, §11 (AMD).]

3-B. Waiver of inspection; reduced fees. [PL 2003, c. 246, §9 (RP).]

4. Schedule of fees for discharge licenses. [PL 1973, c. 712, §6 (RP).]

5. Unlawful to violate license. After the issuance of a license by the department, it is unlawful to violate the terms or conditions of the license, whether or not such violation actually lowers the quality of the receiving waters below the minimum requirements of their classification. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §29 (AMD).]

6. Confidentiality of records. Any records, reports or information obtained under this subchapter is available to the public, except that upon a showing satisfactory to the department by any person that any records, reports or information, or particular part of any record, report or information, other than the names and addresses of applicants, license applications, licenses and effluent data, to which the department has access under this subchapter would, if made public, divulge methods or processes that are entitled to protection as trade secrets as defined in Title 10, section 1542, subsection 4 , these records, reports or information must be confidential and not available for public inspection or examination. Any records, reports or information may be disclosed to employees or authorized representatives of the State or the United States concerned with carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this section on terms the commissioner may prescribe in order to protect these confidential records, reports and information, as long as this disclosure is material and relevant to any issue under consideration by the department. [PL 2015, c. 250, Pt. C, §7 (AMD).]

7. Processing. [PL 1977, c. 300, §19 (RP).]

8. Effect of license. Issuance of a license under section 413 does not convey any property right of any sort, or exclusive privilege. Except for toxic effluent standards and prohibitions imposed under the Federal Water Pollution Control Act, Section 307, as amended, compliance with a license issued under section 413 during its terms constitutes compliance with sections 413 to 414‑C and section 423‑D . It is not a defense for a licensee in an enforcement action that it would have been necessary to halt or reduce the licensed activity in order to maintain compliance with the conditions of the license. The licensee shall take all reasonable steps to minimize or prevent any discharge in violation of a license that has a reasonable likelihood of adversely affecting human health or the environment. [PL 2009, c. 537, §1 (AMD).]
38 M.R.S. § 348 — ME Code / Title 38 / Chapter 2 / Section 348
38 §348. Judicial enforcement
Status: in_force

1. General. In the event of a violation of any provision of the laws administered by the department or of any order, regulation, license, permit, approval, administrative consent agreement or decision of the board or commissioner or decree of the court, as the case may be, the Attorney General or the department may institute injunction proceedings to enjoin any further violation thereof, a civil or criminal action or any appropriate combination thereof without recourse to any other provision of law administered by the department. [PL 2011, c. 538, §7 (AMD).]

2. Restoration. The court may order restoration of any area affected by any action or inaction found to be in violation of any provision of law administered by the department or of any order, rule, regulation, license, permit, approval or decision of the board or commissioner or decree of the court, as the case may be, to its condition prior to the violation or as near thereto as may be possible. Where the court finds that the violation was wilful, the court shall order restoration under this subsection unless the restoration will: A. Result in a threat or hazard to public health or safety; [PL 1983, c. 796, §17 (NEW).] B. Result in substantial environmental damage; or [PL 1983, c. 796, §17 (NEW).] C. Result in a substantial injustice. [PL 1983, c. 796, §17 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §6 (AMD).]

3. Injunction proceedings. If the department finds that the discharge, emission or deposit of any materials into any waters, air or land of this State constitutes a substantial and immediate danger to the health, safety or general welfare of any person, persons or property, the department shall forthwith request the Attorney General to initiate immediate injunction proceedings to prevent such discharge or the commissioner may authorize pursuit of such an action in District Court. The injunction proceedings may be instituted without recourse to the issuance of an order, as provided for in section 347‑B . [PL 2007, c. 292, §14 (AMD).]

4. Settlement. A person who has resolved that person's liability to the State in an administrative or judicially approved settlement and is implementing or has fully implemented that settlement pursuant to its terms is not liable for claims by other potentially liable persons regarding response actions, response costs or damages, including without limitation natural resource damages, addressed in the settlement. The settlement does not discharge any other potentially liable persons unless its terms so provide. The protection afforded by this subsection includes protection against contribution claims and all other types of claims under state law that may be asserted against the settling party for recovery of response costs or damages incurred or paid by another potentially liable person, if those actions, costs or damages are addressed in the settlement, but does not include protection against claims based on contractual indemnification or other express contractual agreements to pay the costs or damages. A potentially liable person who commences an action against a person who is protected from suits under this subsection is liable to the person against whom the claim is brought for all reasonable costs of defending against the claim, including all reasonable attorney's and expert witness fees. This section is not intended to create a right to contribution or other cause of action or to make a person liable to pay a portion of another person's response costs, damages or civil penalties. [PL 1993, c. 732, Pt. A, §1 (NEW).]
38 M.R.S. § 903 — ME Code / Title 38 / Chapter 5 / Section 903
38 §903. Assessment of public value of dam
Status: in_force

1. Notification of agencies. If a new owner was not located during the consultation process and the department has not rejected the petition, the department shall immediately notify the Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry and the Maine Emergency Management Agency that an assessment of public value for the dam may be required. [PL 2025, c. 226, §7 (AMD).]

2. Evaluation of fisheries and wildlife value. Within 90 days of receiving notice under subsection 1 , the Department of Inland Fisheries and Wildlife shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam: A. The cost of maintaining the dam, based on the information provided in the petition under section 901, subsection 1 or other available information; [PL 2025, c. 226, §7 (AMD).] B. The value to fisheries and wildlife of maintaining the dam; and [PL 1995, c. 630, §3 (NEW).] C. The value to fisheries and wildlife of releasing water from the dam. [PL 1995, c. 630, §3 (NEW).] The Department of Inland Fisheries and Wildlife shall notify the department of its determination. If the Department of Inland Fisheries and Wildlife determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer the dam to the Department of Inland Fisheries and Wildlife within a reasonable period of time. If the Department of Inland Fisheries and Wildlife determines that it will not assume ownership, the department shall notify the Department of Marine Resources. [PL 2025, c. 226, §7 (AMD).]

2-A. Evaluation of marine resources value. Within 90 days of receiving notice under subsection 2 , the Department of Marine Resources shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam: A. The cost of maintaining the dam, based on the information provided in the petition under section 901, subsection 1 or other available information; [PL 2025, c. 226, §7 (NEW).] B. The value to marine resources of maintaining the dam; and [PL 2025, c. 226, §7 (NEW).] C. The value to marine resources of releasing water from the dam. [PL 2025, c. 226, §7 (NEW).] The Department of Marine Resources shall notify the department of its determination. If the Department of Marine Resources determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer the dam to the Department of Marine Resources within a reasonable period of time. If the Department of Marine Resources determines that it will not assume ownership, the department shall notify the Department of Agriculture, Conservation and Forestry. [PL 2025, c. 226, §7 (NEW).]

3. Evaluation of public recreational value. Within 90 days of receiving notice under subsection 2‑A , the Department of Agriculture, Conservation and Forestry shall review the following factors and determine whether the best interest of the public requires that department to assume ownership of the dam: A. The cost of maintaining the dam, based on the information provided in the petition under section 901, subsection 1 or other available information; [PL 2025, c. 226, §7 (AMD).] B. The value to public recreation, conservation and public use of maintaining the dam; and [PL 1995, c. 630, §3 (NEW).] C. The value to public recreation, conservation and public use of releasing water from the dam. [PL 1995, c. 630, §3 (NEW).] The Department of Agriculture, Conservation and Forestry shall notify the department of its determination. If the Department of Agriculture, Conservation and Forestry determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer the property to the Department of Agriculture, Conservation and Forestry within a reasonable period of time. If the Department of Agriculture, Conservation and Forestry determines that it will not assume ownership of the dam, the department shall notify the Maine Emergency Management Agency. [PL 2025, c. 226, §7 (AMD).]

4. Evaluation of public safety value. Within 90 days of receipt of notice under subsection 3, the Maine Emergency Management Agency shall review the following factors and determine whether the best interest of the public requires that agency to assume ownership of the dam: A. The cost of maintaining the dam and the safety of the dam, based on the information provided in the petition under section 901, subsection 1 or other available information; [PL 2025, c. 226, §7 (AMD).] B. The value to public safety, particularly flood protection, of maintaining the dam; and [PL 1995, c. 630, §3 (NEW).] C. The value to public safety, particularly flood protection, of releasing water from the dam. [PL 1995, c. 630, §3 (NEW).] The Maine Emergency Management Agency shall notify the department of its determination. If that agency determines, after considering these factors, that the best interest of the public requires it to assume ownership of the dam, the department shall issue an order directing the dam owner to transfer ownership of the dam to the Maine Emergency Management Agency within a reasonable period of time. [PL 2025, c. 226, §7 (AMD).]

5. Additional consultations required. If the Maine Emergency Management Agency pursuant to subsection 4 determines that the best interest of the public does not require it to assume ownership of the dam, within 60 days of receiving notice of that determination, the department shall notify the dam owner that, pursuant to subsections 2 to 4 , no agency has determined that the best interest of the public requires it to assume ownership of the dam. Upon receipt of such notification from the department, the dam owner, as directed by the department, shall consult again with the parties listed in section 902, subsection 3, paragraphs A , C and D to determine whether any of those parties wish to assume ownership of the dam, ensuring that those parties are provided with information regarding the agency determinations under this section. [PL 2025, c. 226, §7 (NEW).]
38 M.R.S. § 1369 — ME Code / Title 38 / Chapter 13-B / Section 1369
38 §1369. Immunity
Status: in_force

Notwithstanding the provisions of Title 14, chapter 741, neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule adopted or directive issued in the implementation of this chapter, may be liable for the death of or injury to persons, or damage to property, as a result of that activity. This section does not affect the right of any person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or any other pension law, nor the right of any person to receive benefits or compensation under any act of Congress. [RR 2021, c. 2, Pt. B, §289 (COR).]
38 M.R.S. § 106 — ME Code / Title 38 / Chapter 1 / Section 106
38 §106. Disposition of fees
Status: in_force

All money received by the commission must be paid to the Treasurer of State and credited to the account for the commission within the budget of the Department of Transportation. [PL 1997, c. 727, Pt. C, §20 (AMD).]

Money received by the commission must be used for the expenses of administering its statutory responsibilities, including, but not limited to, the costs of conducting investigations, taking testimony and procuring the attendance of witnesses, the costs of all legal proceedings initiated for enforcement and administrative expenses. [PL 1995, c. 397, §127 (NEW).]

Any balance of these fees may not lapse but must be carried forward as a continuing account to be expended for the same purposes in the following fiscal years. [PL 1995, c. 397, §127 (NEW).]
38 M.R.S. § 1282 — ME Code / Title 38 / Chapter 12-A / Section 1282
38 §1282. Standards of conduct
Status: in_force

The Board of Environmental Protection shall promulgate rules which establish standards of acceptable professional conduct for licensees and certificate holders engaged in asbestos abatement activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee or certificate holder, the suspension or revocation of a license or certificate or the denial of the renewal of a license or certificate. [PL 1987, c. 448, §1-C (NEW).]
38 M.R.S. § 2010 — ME Code / Title 38 / Chapter 23 / Section 2010
38 §2010. Assessments
Status: in_force

Assessments shall be made as follows. [PL 1987, c. 711 (NEW).]

1. Method. Following adoption of the district budget, the trustees shall issue their warrants, in substantially the same form as the warrant of the Treasurer of State, for taxes to each participating municipality and, in the case of unorganized territory, to the commissioner's of the county within which that territory lies, requiring it to pay its proportionate part of the district budget. Each municipality's proportionate part of the budget or, in the case of unorganized territory, each county's proportionate share, must be based upon its percentage of shoreline frontage on the great ponds and marine waters within the district's territory, or an alternative method as described in the declaration of district responsibilities and approved at referendum under section 2003 . [PL 1993, c. 721, Pt. E, §7 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

2. Fiscal year; payments. The fiscal year of the district is July 1st to June 30th. In the fiscal year in which the assessment is levied, the treasurer of each municipality and, in the case of unorganized territory, the county treasurer, shall pay the amount of the assessment in 3 equal installments to the treasurer of the district. Installments must be paid by August 1st, December 1st and March 31st. [PL 1993, c. 721, Pt. E, §8 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

3. Water utility benefiting. Any water utility benefiting from the services of this district has the right to contribute funds to the district as a utility operating expense. [PL 1987, c. 711 (NEW).]
38 M.R.S. § 965 — ME Code / Title 38 / Chapter 6 / Section 965
38 §965. Fees
Status: in_force

The commission may establish reasonable fees for permit applications, variance applications and certificates of compliance. The funds derived from the collection of such fees shall be retained by the commission. The commission may also establish a reasonable schedule of fees for providing copies of this chapter, maps of district boundaries, the comprehensive plan, copies of rules and regulations, performance standards, official publications or other materials which may be requested by the public. The fees for any such materials shall be retained by the commission and used to defray the expense of printing, copying, mailing or otherwise providing such materials to the public. [PL 1983, c. 819, Pt. A, §65 (AMD).]
38 M.R.S. § 98 — ME Code / Title 38 / Chapter 1 / Section 98
38 §98. Commissions prohibited
Status: in_force

A master, agent, owner, charterer or consignee may not charge a commission or receive any payment directly or indirectly, for the assignment of pilotage, nor may any pilot pay or offer to pay to any person any commission for the assignment of pilotage. Any person violating this section commits a civil violation for which a forfeiture not to exceed $5,000 may be adjudged for each violation. [PL 1999, c. 355, §19 (AMD).]
38 M.R.S. § 1397 — ME Code / Title 38 / Chapter 13-D / Section 1397
38 §1397. Enforcement
Status: in_force

In addition to other enforcement actions allowed under state law, the commissioner may issue an administrative order after providing a notice of violation for failure to comply with the requirements of this chapter and after providing a reasonable opportunity to correct the violation. The administrative order may include, but is not limited to, a requirement that the owner or operator of the facility cease operation of the facility that is the subject of the violation until the violation has been corrected. [PL 2007, c. 569, §6 (NEW).]

1. Service. Service of the commissioner's administrative order under this section must be made by hand delivery by an authorized representative of the department or by certified mailing, return receipt requested. [PL 2007, c. 569, §6 (NEW).]

2. Appeal. The person to whom the commissioner's administrative order under this section is directed shall comply immediately or within the time period specified in the order. That person may appeal the order to the board by filing a written petition within 5 working days after receipt of the order. Within 15 working days after receipt of the petition, the board shall hold a hearing on the matter. All witnesses at the hearing must be sworn. Within 7 working days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the administrative order. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2007, c. 569, §6 (NEW).]
38 M.R.S. § 1903 — ME Code / Title 38 / Chapter 21 / Section 1903
38 §1903. Exception to state prohibition
Status: in_force

1. Expenditure of state funds for coastal barriers for the following activities. State funds may be expended on coastal barriers for the following activities: A. The maintenance, replacement, reconstruction or repair, but not the expansion, except where expansion is necessary in order to meet minimum design requirements, of state-owned or state-operated roads, structures or facilities; and [PL 1985, c. 794, Pt. A, §11 (NEW).] B. Any of the following actions or projects provided they are consistent with the purposes of this chapter: (1) The study, management, protection or enhancement of fish and wildlife resources and habitats, including, but not limited to, acquisition of fish and wildlife habitats and related lands and stabilization projects for fish and wildlife habitats; (2) Recreational uses that do not involve an irretrievable commitment of natural resources; (3) Scientific research, including, but not limited to, geologic, marine and fish and wildlife; and (4) Nonstructural projects for shoreline stabilization that are designed to mimic, enhance or restore natural stabilization systems. [PL 1985, c. 794, Pt. A, §11 (NEW).] [PL 1985, c. 794, Pt. A, §11 (NEW).]

2. Authorization of state expenditures. The Governor may, after consultation with the appropriate state agencies and the affected community, approve state expenditures or financial assistance available within the coastal barrier resources system for assistance for emergency actions essential to the saving of lives, the protection of property and the public health and safety. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 411-B — ME Code / Title 38 / Chapter 3 / Section 411-B
38 §411-B. Planning
Status: in_force

The department is authorized to establish and conduct a continuous planning process in cooperation with federal, state, regional and municipal agencies consistent with the requirements of the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251, et seq., as amended. [PL 1989, c. 890, Pt. A, §36 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 773 — ME Code / Title 38 / Chapter 5 / Section 773
38 §773. Proceedings of commissioners
Status: in_force

On the day appointed, the county commissioners shall meet, examine the premises described in the petition and hear the parties present, and thereupon they shall determine whether said ways shall be raised and the water vents enlarged and to what extent, and shall prescribe the manner in which it shall be done, and what portion of the expenses thereof and the costs of the hearing shall be borne by the petitioners, and what portion, if any, by the town where the way is located.
38 M.R.S. § 1606 — ME Code / Title 38 / Chapter 16 / Section 1606
38 §1606. Motor vehicle air conditioning
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Motor vehicle" has the same meaning as defined in Title 29‑A, section 101, subsection 42 . [PL 1995, c. 65, Pt. A, §150 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).] B. "CFC" means any of the chlorofluorocarbon chemicals CFC-11, CFC-12, CFC-112, CFC-113, CFC-114, CFC-115 and CFC-502. [PL 1989, c. 622 (NEW).] [PL 1995, c. 65, Pt. A, §150 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]

2. Service. After January 1, 1992, a person may not perform service on motor vehicle air conditioners for compensation, unless that person uses equipment that is certified by the Underwriters' Laboratories or an institution determined by the commissioner to be comparable, as meeting the Society of Automotive Engineers standard applicable to equipment for the extraction and reclamation of refrigerant from motor vehicle air conditioners. [PL 1989, c. 622 (NEW).]

3. Recordkeeping. After January 1, 1992, a commercial establishment servicing automobile air conditioners shall maintain records at the establishment of the following: A. The number of automobile air conditioners serviced by the establishment; [PL 1989, c. 622 (NEW).] B. The amount of CFC purchased by the establishment; and [PL 1989, c. 622 (NEW).] C. The amount of CFC sold or used by the establishment. [PL 1989, c. 622 (NEW).] The establishment shall maintain records for not less than 3 years and provide those records on request to the commissioner. [PL 1989, c. 622 (NEW).]

4. CFC coolant. After October 1, 1991, a person may not sell any CFC coolant in a container containing less than 15 pounds of that coolant, unless it bears a warning label indicating the product's danger to ozone in the stratosphere. After January 1, 1992, a person may sell or offer for sale CFC coolant, suitable for use in motor vehicle air conditioners, only: A. For commercial or industrial use; or [PL 1989, c. 622 (NEW).] B. In containers containing more than 15 pounds of that coolant. [PL 1989, c. 622 (NEW).] [PL 1989, c. 622 (NEW).]

5. Registration. A motor vehicle with a model year of 1995 or later may not be registered in the State or sold to a consumer or dealer in the State if it contains air conditioning equipment that uses CFCs. [PL 1993, c. 37, §1 (AMD).]
38 M.R.S. § 1231 — ME Code / Title 38 / Chapter 11-A / Section 1231
38 §1231. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 556, §4 (NEW).]

1. Cluster development. "Cluster development" has the same meaning as in Title 30‑A, section 4301, subsection 1‑A . [PL 2005, c. 556, §4 (NEW).]

2. Community sanitary district. "Community sanitary district" or "district" means a district formed under this chapter to manage one or more subsurface wastewater collection, treatment and disposal systems to accommodate residential development as a means of facilitating compact growth patterns, including cluster developments. [PL 2005, c. 556, §4 (NEW).]
38 M.R.S. § 960 — ME Code / Title 38 / Chapter 6 / Section 960
38 §960. District boundary maps
Status: in_force

Maps showing district boundaries within the Saco River Corridor shall be kept in the office of the commission and the maps or conformed copies of them shall be available for public inspection during normal business hours. Copies of those portions of such maps including the area of each municipality shall be furnished by the commission to the municipal officers thereof and shall be available for public inspection at the office of the town clerk or at the town office. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 99-A — ME Code / Title 38 / Chapter 1 / Section 99-A
38 §99-A. Pilot liability
Status: in_force

1. Acts or omissions of another pilot; no liability. A pilot is not liable directly or as a member of an organization of pilots for a claim that arises from an act or omission of another pilot or organization of pilots or that relates directly or indirectly to pilot services. [PL 1999, c. 355, §21 (NEW).]

2. Limitation on liability. A pilot providing pilot services is not liable for more than $5,000 in damages or loss caused by any negligent act or omission in the performance of pilot services. A pilot providing piloting services is liable for: A. Damages or loss arising from the intentional, willful or reckless misconduct of the pilot; or [PL 1999, c. 355, §21 (NEW).] B. Liability for exemplary damages for intentional, willful or reckless conduct of the pilot for which no other person is jointly or severally liable. [PL 1999, c. 355, §21 (NEW).] [RR 1999, c. 1, §52 (COR).]

Nothing in this section may be construed to exempt an owner or operator of a vessel from liability for damage or loss caused by that vessel. [RR 1999, c. 1, §52 (COR).]
38 M.R.S. § 962-B — ME Code / Title 38 / Chapter 6 / Section 962-B
38 §962-B. Amendments to district boundaries and performance standards
Status: in_force

The commission may initiate, and any municipal agency, an organization qualified under section 966‑A or any property owner or lessee may petition for a change in the boundary of any land use district or for amendments to any additional performance standard adopted pursuant to section 962‑A . [PL 1979, c. 459, §1 (NEW).]

No change in a district boundary shall be approved unless substantial evidence shows that the area is better suited for uses other than those permitted in the district in which it is situated, or changes in conditions have made the present classification unreasonable. [PL 1979, c. 459, §1 (NEW).]

No amendment to performance standards shall be approved unless substantial evidence shows that: [PL 1979, c. 459, §1 (NEW).]

1. Conditions not in evidence. Conditions exist which were not evident when the performance standard was adopted; [PL 1979, c. 459, §1 (NEW).]

2. Purpose not served. The performance standard does not serve the purpose of this chapter; or [PL 1979, c. 459, §1 (NEW).]

3. Amendment preferable. The amendment would better fulfill the purpose of this chapter. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 1398 — ME Code / Title 38 / Chapter 13-D / Section 1398
38 §1398. Eligibility for clean-up funds
Status: in_force

Clean-up costs and 3rd-party damages resulting from discharges from an aboveground oil storage facility or an underground oil storage facility installed in violation of section 1393 are not eligible for coverage by the Maine Ground and Surface Waters Clean-up and Response Fund under sections 551 and 568‑A . [PL 2015, c. 319, §41 (AMD).]
38 M.R.S. § 490-F — ME Code / Title 38 / Chapter 3 / Section 490-F
38 §490-F. Review before expansion
Status: in_force

Before expanding an excavation beyond an area that exceeds a total of 10 acres of reclaimed and unreclaimed land and before each additional 10-acre expansion, the owner or operator shall notify the regulator of an intent to expand and must request an inspection. In the same manner as prescribed in section 344‑B , the department shall publish a timetable for responding to inspection requests and shall inspect the site within that time period to determine the excavation's compliance with this article and other applicable laws administered by the department. The department may defer an inspection for a reasonable period when winter conditions at the site prevent the department from evaluating an expansion request. The department shall notify the owner or operator of a deferral under this section. Excavation activities may continue after the filing of a notice of an intent to expand. The failure of a regulator to conduct a site visit within a published time period is not sufficient basis for a stop-work order under section 490‑H, subsection 1 . [PL 1995, c. 700, §26 (AMD).]

At the time of filing a notification of intent to expand, the owner or operator shall pay any fee required by section 490‑J . [PL 1993, c. 350, §5 (NEW).]
38 M.R.S. § 1904 — ME Code / Title 38 / Chapter 21 / Section 1904
38 §1904. Maine Coastal Barrier System
Status: in_force

The Maine Coastal Barrier System shall include the following coastal barriers: [PL 1985, c. 794, Pt. A, §11 (NEW).]

1. Carrying Place Cove. Carrying Place Cove; Town: Harrington; [PL 1985, c. 794, Pt. A, §11 (NEW).]

2. Birch Point. Birch Point; Town: Perry; [PL 1985, c. 794, Pt. A, §11 (NEW).]

3. Lubec Barriers. Lubec Barriers; Town: Lubec; [PL 1985, c. 794, Pt. A, §11 (NEW).]

4. Baileys Mistake. Baileys Mistake; Town: Lubec and Trescott; [PL 1985, c. 794, Pt. A, §11 (NEW).]

5. Grassy Point. Grassy Point; Town: Cutler; [PL 1985, c. 794, Pt. A, §11 (NEW).]

6. Seal Cove. Seal Cove; Town: Cutler; [PL 1985, c. 794, Pt. A, §11 (NEW).]

7. Sprague Neck. Sprague Neck; Town: Cutler; [PL 1985, c. 794, Pt. A, §11 (NEW).]

8. Jasper. Jasper; Town: Machiasport; [PL 1985, c. 794, Pt. A, §11 (NEW).]

9. Starboard. Starboard; Town: Machiasport; [PL 1985, c. 794, Pt. A, §11 (NEW).]

10. Bare Cove. Bare Cove; Town: Roque Bluffs; [PL 1985, c. 794, Pt. A, §11 (NEW).]

11. Roque Bluffs. Roque Bluffs; Town: Roque Bluffs; [PL 1985, c. 794, Pt. A, §11 (NEW).]

12. Popplestone/Roque Island. Popplestone/Roque Island; Town: Jonesport; [PL 1985, c. 794, Pt. A, §11 (NEW).]

13. Flake Point. Flake Point; Town: Steuben; [PL 1985, c. 794, Pt. A, §11 (NEW).]

14. Over Point. Over Point; Town: Steuben; [PL 1985, c. 794, Pt. A, §11 (NEW).]

15. Pond Island. Pond Island; Town: Deer Isle; [PL 1985, c. 794, Pt. A, §11 (NEW).]

16. Thrumcap. Thrumcap; Town: Cranberry Isles; [PL 1985, c. 794, Pt. A, §11 (NEW).]

17. Seven Hundred Acre Island. Seven Hundred Acre Island; Town: Isleboro; [PL 1985, c. 794, Pt. A, §11 (NEW).]

18. Nash Point. Nash Point; Town: Owls Head; [PL 1985, c. 794, Pt. A, §11 (NEW).]

19. Little River. Little River; Town: Georgetown; [PL 1985, c. 794, Pt. A, §11 (NEW).]

20. Hunnewell Beach. Hunnewell Beach; Town: Phippsburg; [PL 1985, c. 794, Pt. A, §11 (NEW).]

21. Small Point Beach. Small Point Beach; Town: Phippsburg; [PL 1985, c. 794, Pt. A, §11 (NEW).]

22. Head Beach. Head Beach; Town: Phippsburg; [PL 1985, c. 794, Pt. A, §11 (NEW).]

23. Stover Point. Stover Point; Town: Harpswell; [PL 1985, c. 794, Pt. A, §11 (NEW).]

24. Jenks Landing/Waldo Point. Jenks Landing/Waldo Point; Town: Cumberland; [PL 1985, c. 794, Pt. A, §11 (NEW).]

25. Cape Elizabeth. Cape Elizabeth; Town: Cape Elizabeth; [PL 1985, c. 794, Pt. A, §11 (NEW).]

26. Crescent Beach. Crescent Beach; Town: Cape Elizabeth; [PL 1985, c. 794, Pt. A, §11 (NEW).]

27. Scarborough Beach. Scarborough Beach; Town: Scarborough; [PL 1985, c. 794, Pt. A, §11 (NEW).]

28. Etherington Pond. Etherington Pond; Town: Biddeford; [PL 1985, c. 794, Pt. A, §11 (NEW).]

29. Crescent Surf. Crescent Surf; Town: Kennebunk; [PL 1985, c. 794, Pt. A, §11 (NEW).]

30. Ogunquit Beach. Ogunquit Beach; Town: Ogunquit; [PL 1985, c. 794, Pt. A, §11 (NEW).]

31. Phillips Cove. Phillips Cove; Town: York; and [PL 1985, c. 794, Pt. A, §11 (NEW).]

32. Sea Point. Sea Point; Town: Kittery. [PL 1985, c. 794, Pt. A, §11 (NEW).]
38 M.R.S. § 974 — ME Code / Title 38 / Chapter 7 / Section 974
38 §974. Right of owner to search for lost logs
Status: in_force

The owner of logs, masts or spars referred to in section 971 or the owner's agent may at any time enter in a peaceable manner upon any mill, mill-brow, boom or raft of logs or other timber in search of that lost property. Whoever willfully prevents or obstructs a search for that lost property forfeits for each offense not less than $20 nor more than $50, to the person by whom or on whose account the entry was claimed, to be recovered in a civil action. [PL 2023, c. 405, Pt. A, §141 (AMD).]
38 M.R.S. § 2156-A — ME Code / Title 38 / Chapter 24 / Section 2156-A
38 §2156-A. Facility development
Status: in_force

1. Planning for development. The bureau, in consultation with the department, shall plan for the development of facilities sufficient to meet anticipated unmet needs for municipal solid waste and special waste identified in the state plan and any revisions to the plan and to serve all geographic areas of the State. [PL 2019, c. 291, Pt. A, §3 (AMD).]

2. Recommendation for development. When the bureau finds that 6 years or less of licensed and available disposal capacity for municipal solid waste or special waste remains within the State, the bureau shall submit a report recommending the construction and operation of a state-owned solid waste disposal facility for the disposal of the type of waste for which capacity is needed to the joint standing committee of the Legislature having jurisdiction over natural resource matters. The report must recommend which state agency or department will own the facility and how it will be operated. The report must also include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected municipal solid waste and special waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. It is the intent of the Legislature that the facility be operated by a private contractor. A state-owned solid waste disposal facility may not be constructed or operated unless authorized by legislation pursuant to subsection 3 . [PL 2011, c. 655, Pt. GG, §43 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Authorization for development. The joint standing committee of the Legislature having jurisdiction over natural resource matters may report out legislation authorizing construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to subsection 2 . [PL 1995, c. 588, §6 (NEW).]

4. Ownership, construction and operation. The bureau shall maintain ownership of a site acquired for construction and operation of a state-owned solid waste disposal facility until the Legislature authorizes transfer of the site to another state department or agency, except that this subsection does not prohibit any lease or transfer of the site pursuant to an agreement entered into before the effective date of this subsection or pursuant to any amendment to such an agreement entered into before or after the effective date of this subsection. [PL 2011, c. 655, Pt. GG, §43 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Development by others. This section does not preclude a municipality or regional association from developing and operating solid waste disposal facilities on its own initiative. [PL 1995, c. 588, §6 (NEW).]
38 M.R.S. § 470-C — ME Code / Title 38 / Chapter 3 / Section 470-C
38 §470-C. Exemptions
Status: in_force

The following are exempt from the reporting requirements of this article: [PL 2001, c. 619, §1 (NEW).]

1. Nonconsumptive uses. Nonconsumptive uses. Dams are explicitly exempt as nonconsumptive uses, including hydropower dams licensed by the Federal Energy Regulatory Commission, storage dams and dams subject to a water level setting order pursuant to sections 840 to 843 ; [PL 2001, c. 619, §1 (NEW).]

2. Household uses. A water withdrawal for ordinary household uses; [PL 2001, c. 619, §1 (NEW).]

3. Public water systems. A public water system that is regulated by the Department of Health and Human Services pursuant to Title 22, chapter 601 ; [PL 2001, c. 619, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

4. Subject to existing reporting requirements. Water withdrawals subject to water withdrawal reporting requirements established in any state permitting or licensing program prior to the effective date of this article, including, but not limited to, the site location of development laws, natural resources protection laws, Maine Land Use Regulation Commission laws and Maine waste discharge laws, provided that the water user files a notice of intent to be covered by this exemption on a form to be provided by the department; [PL 2001, c. 619, §1 (NEW).]

5. Public emergencies. A water withdrawal from surface or groundwater for fire suppression or other public emergency purposes; [PL 2001, c. 619, §1 (NEW).]

6. Commercial or industrial storage ponds. A water withdrawal from a storage pond or water supply system in existence prior to the effective date of this article provided that the withdrawal is for a commercial or industrial use, the water user has filed a water use plan as part of a state license application and the water user files a notice of intent to be covered by this exemption on a form to be provided by the department; [PL 2001, c. 619, §1 (NEW).]

7. Off-stream storage ponds. A water withdrawal from an artificial storage pond that does not have a river, stream or brook as an inlet or outlet, constructed for the purpose of storing water for crop irrigation or other uses; [PL 2001, c. 619, §1 (NEW).]

8. In-stream storage ponds. A water withdrawal from an artificial pond constructed in a stream channel that is subject to a minimum-flow release requirement in an existing permit if the water user files a notice of intent to be covered by this exemption on a form to be provided by the department; [PL 2011, c. 120, §5 (AMD).]

9. Duplication of reporting. A water withdrawal that is reported to any other state agency under any program requiring substantially similar data if the other agency has entered into a memorandum of agreement with the department for the collection and sharing of that data; and [PL 2011, c. 120, §5 (AMD).]

10. Agricultural producers. An agricultural producer that is subject to rules adopted under section 470‑H and the provisions of Title 7, section 353 . [PL 2011, c. 120, §6 (NEW).]
38 M.R.S. § 13 — ME Code / Title 38 / Chapter 1 / Section 13
38 §13. Failure to obey orders of harbormasters
Status: in_force

1. Offense defined. A person is guilty of failure to obey an order of a harbormaster if the person intentionally, knowingly or recklessly fails to obey any lawful order of a harbormaster authorized pursuant to this subchapter. [PL 1991, c. 262, §2 (NEW).]

2. Penalty. Failure to obey an order of a harbormaster is a Class E crime. [PL 1991, c. 262, §2 (NEW).]
38 M.R.S. § 1062 — ME Code / Title 38 / Chapter 11 / Section 1062
38 §1062. Declaration of policy
Status: in_force

It is declared to be the policy of the State to encourage the development of sanitary districts consisting of: [PL 1971, c. 400, §1 (RPR).]

1. Municipality. A municipality; [PL 1971, c. 400, §1 (RPR).]

2. Municipalities. Two or more municipalities; [PL 1971, c. 400, §1 (RPR).]

3. -- sections. A section or sections of sufficient size of a municipality or 2 or more municipalities; [PL 1971, c. 400, §1 (RPR).]

4. Unorganized territory. A sufficient number of persons residing in unorganized territory; or [PL 1971, c. 400, §1 (RPR).]

5. Combination. Any combination of the foregoing, so that said districts may economically construct and operate sewage systems so as to assist in the abatement of the pollution of public streams, lakes and inland and ocean waters and enhance the public health, safety and welfare of the citizens of the State. [PL 1971, c. 400, §1 (RPR).]

A sanitary district may only be formed where the Board of Environmental Protection finds that there is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collecting, conveying, pumping, treating and disposing of domestic sewage and industrial wastes within the proposed district and that such purposes can be effectively accomplished therein on an equitable basis by a sanitary district if created and that the creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare. [PL 1981, c. 466, §1 (AMD).]
38 M.R.S. § 489-A — ME Code / Title 38 / Chapter 3 / Section 489-A
38 §489-A. Municipal review of development
Status: in_force

The commissioner may register municipalities for authority to substitute permits issued pursuant to Title 30‑A, chapter 141 or 187 , for permits required by section 485‑A under the following conditions. [PL 1995, c. 493, §8 (AMD).]

1. Kinds of projects. The following kinds of projects may be reviewed by registered municipalities pursuant to this section: A. Subdivisions as described in section 482, subsection 5 of more than 20 acres but less than 100 acres; or [PL 1999, c. 790, Pt. A, §51 (RPR).] B. [PL 1993, c. 383, §27 (RP); PL 1993, c. 383, §42 (AFF).] C. [PL 1993, c. 383, §27 (RP); PL 1993, c. 383, §42 (AFF).] D. [PL 1997, c. 393, Pt. A, §46 (RP).] E. [PL 1993, c. 383, §27 (RP); PL 1993, c. 383, §42 (AFF).] F. [PL 1997, c. 393, Pt. A, §46 (RP).] G. [PL 1999, c. 790, Pt. A, §52 (RP).] H. Structures as described in section 482, subsection 6 in excess of 3 acres but less than 10 acres. [PL 2021, c. 51, §2 (AMD).] [PL 2021, c. 51, §2 (AMD).]

1-A. Modification. An application for a modification to a development reviewed by a municipality pursuant to subsection 1 may be reviewed by the municipality as long as: A. The modification will not cause the total area of the development to exceed an upper area threshold specified in subsection 1 ; or [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] B. Based upon information submitted by the municipality concerning the development and modification, the department determines that the modification may be adequately reviewed by the municipality. [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] In addition, a municipality may modify a permit for a subdivision or structure issued by the department prior to registration of the municipality pursuant to this section if the total area of the modification and any prior modifications reviewed pursuant to this section does not exceed the upper area threshold provided in subsection 1 except as allowed in paragraph B . [PL 1999, c. 243, §18 (AMD).]

2. Registration. The commissioner shall register municipalities to grant permits for projects under subsection 1 if the commissioner finds that the municipality meets all of the following criteria: A. A municipal planning board or reviewing authority is established; [PL 1989, c. 207, §2 (NEW).] B. A comprehensive plan consistent with Title 30‑A, chapter 187 has been adopted with standards and objectives determined by the department to be at least as stringent as this article; [PL 1989, c. 207, §2 (NEW).] C. Subdivision regulations have been adopted that are consistent with Title 30‑A, chapter 187 , and determined by the commissioner to be at least as stringent as criteria set forth in section 484 ; [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] D. Site plan review regulations have been adopted with criteria determined by the commissioner to be at least as stringent as section 484 ; [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] D-1. [PL 1999, c. 243, §19 (RP).] E. The municipality has adequate resources to administer and enforce the provisions of its ordinances; [PL 1991, c. 761, §4 (AMD).] F. Procedures for public hearing and notification have been established including: (1) Notice to the commissioner upon receipt of an application, including a description of the project; (2) Notice of issuance and denial to the applicant and commissioner, including the reason for denial; (3) Public notification of the application and any hearings; and (4) Satisfactory hearing procedures; [PL 1989, c. 207, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §98 (AMD).] G. Procedures for appeal by aggrieved parties of local decisions are defined; and [PL 1989, c. 207, §2 (NEW).] H. A registration form, provided by the commissioner, has been completed and submitted by the municipality, demonstrating compliance with the criteria under this subsection. [PL 1989, c. 207, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §98 (AMD).] [PL 2009, c. 293, §4 (AMD).]

2-A. Current requirements. Municipalities registered under this section shall ensure that municipal regulations continue to meet the criteria listed in section 489‑A, subsection 2 . A. The commissioner shall immediately notify registered municipalities of new or amended regulations adopted by the department pursuant to this article. [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] B. Amendments to municipal regulations must be adopted by the municipality within one calendar year of the effective date of new or amended department regulations and submitted to the commissioner for approval within 45 calendar days of adoption by the municipality. [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).]

3. Certification. A municipality certified by the Department of Economic and Community Development under Title 30‑A, chapter 191 may be registered if the commissioner finds the municipality has fulfilled the requirements of subsection 2 and applies to be registered. [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).]

3-A. Record of review and basis for decision. The municipality shall submit one copy of the record of review and basis of decision for each development or modification of a development approved pursuant to this section within 40 working days of final action by the reviewing authority, unless otherwise approved by the commissioner. [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).]

4. Suspension of registration. If the commissioner finds that a municipality no longer meets the criteria set forth under subsection 2 or 2‑A , or is not adequately implementing those requirements, the commissioner may suspend the registration and shall notify the municipality accordingly. The notice must contain findings of fact and conclusions of law. If registration is suspended, the commissioner shall recommend actions for the municipality to come into compliance with this section. The commissioner may waive the suspension for new projects that have received at least one substantive municipal review prior to the suspension of registration. If the department determines that a municipality meets the criteria specified in section 488, subsection 19 , the department shall suspend the registration for the type of development exempt from review in that municipality pursuant to section 488, subsection 19 . [PL 1997, c. 603, §5 (AMD).]

5. Transition. Municipalities registered under former section 489 as it existed on October 1, 1975, must be certified under this section for one year from the effective date of this section. Thereafter, the municipality must comply with the requirements under subsection 2 . [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).]

6. Central list of pending projects. The commissioner shall maintain and make available a list of projects pending municipal review under this section. [PL 1989, c. 207, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §98 (AMD).]

7. Technical assistance. The commissioner and other state review agencies may provide technical assistance to municipalities upon request for projects reviewed under this section. [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).]

8. Application review process. Upon the determination by the municipal reviewing authority that an application for a permit or permit amendment under this section is complete for processing: A. The municipality shall submit to the commissioner within 14 days of that determination by the municipal reviewing authority, one copy of the project application and one copy of the notification form provided by the commissioner; [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] B. The commissioner shall review the application and, within 30 days of its receipt, or within 30 days of receipt of any subsequent amendment to the application, notify the municipality if the department intends to exercise jurisdiction as provided in subsection 9 ; and [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] C. If the department does not act within the 30-day period following receipt of the application or within 30 days of receipt of any amendment to the application, this inaction constitutes a decision not to exercise jurisdiction as provided in subsection 9 . [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).]

9. State jurisdiction. The department shall review projects for registered municipalities if: A. The commissioner finds that the project: (1) Meets the requirements set forth in section 341‑D, subsection 2 for the assumption of jurisdiction by the board; (2) Will have a potentially significant environmental effect; or (3) Could affect more than one municipality. In making these findings, the commissioner shall consider all public comments submitted to the department; [PL 2023, c. 512, §4 (AMD).] B. The local reviewing authority for the municipality in which the project is located petitions the commissioner in writing; or [PL 1993, c. 383, §27 (AMD); PL 1993, c. 383, §42 (AFF).] C. [PL 1993, c. 383, §27 (RP); PL 1993, c. 383, §42 (AFF).] D. The proposed project is located in more than one municipality. [PL 1989, c. 207, §2 (NEW).] State jurisdiction must be exerted if at all, within 30 days of receipt of the completed project application by the commissioner from the municipality or within 30 days of receipt of any modification to that application from the municipality. [PL 2023, c. 512, §4 (AMD).]

10. Appeal of decision by commissioner to review. An aggrieved party may appeal the decision by the commissioner to exert or not exert state jurisdiction over the proposed project to the board. Review and actions taken by the department are subject to appeal procedures governing the department under section 341‑D, subsection 4 . [PL 2011, c. 304, Pt. H, §23 (AMD).]

10-A. Appeal of decision by commissioner to grant, withhold or suspend registration. An appeal of the decision by the commissioner to grant, withhold or suspend registration is as follows. A. The decision of the commissioner to grant, withhold or suspend the registration may be appealed to the board by a person aggrieved by the decision. The board shall review, may hold a hearing on and may affirm, amend or reverse the decision of the commissioner when the decision is appealed within 30 days of issuance of notification of the decision. The board shall give written notice to persons that have asked to be notified of the commissioner's decision. The board may allow the record to be supplemented if it finds that the evidence offered is relevant and material in determining whether the municipality no longer meets the criteria set forth in subsections 2 and 2‑A . [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] B. The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any hearing held by the board. [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).] [PL 1993, c. 383, §27 (NEW); PL 1993, c. 383, §42 (AFF).]

11. Joint enforcement. Any person who violates any permit issued under this section is subject to the provisions of section 349 , in addition to any penalties which the municipality may impose. Any permits issued or conditions imposed by a local authority must be enforced by the commissioner and the municipality that issued the permit. [PL 1989, c. 207, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §102 (AMD).]
38 M.R.S. § 1051 — ME Code / Title 38 / Chapter 10 / Section 1051
38 §1051. Landlord access to tenant bill payment information; applicable to all sewer districts
Status: in_force

If a tenant is billed for sewer service provided to property rented by the tenant and nonpayment for the service may result in a lien against the property, the sewer district shall provide to the landlord or the landlord’s agent, on request of the landlord or the landlord's agent, the current status of the tenant’s account, including any amounts due or overdue. [PL 2013, c. 555, §6 (NEW).]

This section is deemed to be incorporated into the private and special laws governing a sewer district, and any part of a sewer district charter not in conformity with this section is void, unless the sewer district's charter expressly references this section or former section 1252, subsection 11 and specifically provides that this subsection or former section 1252, subsection 11 does not apply. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1151-A — ME Code / Title 38 / Chapter 11 / Section 1151-A
38 §1151-A. Enforcement power
Status: in_force

A sanitary district may seek in a civil action injunctive relief from an industrial user that violates any pretreatment standard or requirement administered by the district. The district may seek a civil penalty of up to $1,000 a day for each violation by an industrial user of a pretreatment standard or requirement. [PL 1991, c. 213, §1 (NEW).]
38 M.R.S. § 1609 — ME Code / Title 38 / Chapter 16 / Section 1609
38 §1609. Restrictions on sale and distribution of brominated flame retardants
Status: in_force

For purposes of this section, "brominated flame retardant" means any chemical containing the element bromine that is added to a plastic, foam or textile to inhibit flame formation. [PL 2007, c. 296, §1 (NEW).]

1. "Penta" mixture and "octa" mixtures of polybrominated diphenyl ethers. Effective January 1, 2006, a person may not sell or offer to sell, or distribute for promotional purposes, a product containing more than 0.1% of the "penta" or "octa" mixtures of polybrominated diphenyl ethers. [PL 2007, c. 296, §1 (AMD).]

2. Review; report. [PL 2007, c. 296, §1 (RP).]

3. Application. [PL 2007, c. 296, §1 (RP).]

4. “Deca” mixture of polybrominated diphenyl ethers in home furniture. Effective January 1, 2008, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State any of the following products that contain the “deca” mixture of polybrominated diphenyl ethers: A. A mattress or mattress pad; and [PL 2007, c. 655, §17 (AMD).] B. Upholstered furniture intended for indoor use in a home or other residential occupancy. [PL 2007, c. 296, §1 (NEW).] [PL 2007, c. 655, §17 (AMD).]

5. "Deca" mixture of polybrominated diphenyl ethers in electronics. Effective January 1, 2010, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State a television or computer that has a plastic housing containing more than 0.1% of the "deca" mixture of polybrominated diphenyl ethers. [PL 2009, c. 121, §17 (AMD).]

5-A. "Deca" mixture of polybrominated diphenyl ethers in shipping pallets. This subsection governs the manufacture and sale of shipping pallets and products made from shipping pallets containing the "deca" mixture of polybrominated diphenyl ethers, referred to in this subsection as "the "deca" mixture." A. A person may not manufacture, sell or offer for sale or distribute for sale or use in the State a product that is manufactured from recycled shipping pallets containing the "deca" mixture, except that this prohibition does not apply to the manufacturing, selling or distribution of shipping pallets that are manufactured from recycled shipping pallets containing the "deca" mixture. [PL 2009, c. 610, §2 (NEW).] B. Beginning January 1, 2012, a person may not manufacture, sell or offer for sale or distribute for sale or use in the State a shipping pallet containing the "deca" mixture, other than a shipping pallet made from recycled shipping pallets or described in subsection 11, paragraph A‑1 . [PL 2009, c. 610, §2 (NEW).] C. By January 1, 2013, and annually thereafter, a manufacturer or owner of shipping pallets subject to the restrictions of this subsection shall submit a report to the department that certifies its compliance with the restrictions of this subsection. The report must include data on the bromine content of a representative number of shipping pallets and an interpretive analysis of the data sufficient to demonstrate compliance with this subsection. The board may adopt rules to implement the reporting requirements of this subsection. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 610, §2 (NEW).] [PL 2009, c. 610, §2 (NEW).]

5-B. Exemptions. Notwithstanding subsection 5‑A, paragraph B , a person may sell or distribute a shipping pallet containing the "deca" mixture of polybrominated diphenyl ethers for which an exemption is obtained pursuant to this subsection. A manufacturer or owner of a shipping pallet may apply for an exemption by filing a written petition with the commissioner. The petition must include a proposed duration for the exemption. The commissioner shall grant an exemption upon finding that: A. A safer alternative that meets the criteria of subsection 14 does not exist; [PL 2009, c. 610, §3 (NEW).] B. A shipping pallet containing a proposed safer alternative fails to meet applicable fire safety standards, approvals and tests or relevant performance standards; [PL 2009, c. 610, §3 (NEW).] C. Additional time is needed by the petitioner to complete testing or obtain approval to ensure that a shipping pallet containing a proposed safer alternative complies with applicable fire safety standards, approvals and tests; or [PL 2009, c. 610, §3 (NEW).] D. Additional time is needed by the petitioner to modify the manufacturing process in order to produce a shipping pallet containing the safer alternative. [PL 2009, c. 610, §3 (NEW).] The commissioner may not grant an exemption pursuant to this subsection that extends beyond January 1, 2013. [PL 2009, c. 610, §3 (NEW).]

6. Exemptions. The restrictions in subsections 4 and 5 do not apply to the following products containing the “deca” mixture of polybrominated diphenyl ethers: A. Transportation vehicles or products or parts for use in transportation vehicles or transportation equipment; [PL 2007, c. 296, §1 (NEW).] B. Products or equipment used in industrial or manufacturing processes; or [PL 2007, c. 296, §1 (NEW).] C. Electronic wiring and cable used for power transmission. [PL 2007, c. 296, §1 (NEW).] [PL 2007, c. 296, §1 (NEW).]

7. Manufacturer responsibility. Effective January 1, 2008, a manufacturer of a product containing polybrominated diphenyl ethers restricted under subsection 1 , 4 or 5 must notify persons that sell the manufacturer’s product of the requirements of this section. Beginning January 1, 2013, a manufacturer of a product containing polybrominated diphenyl ethers restricted under subsection 5‑A must notify persons that sell the manufacturer's product of the requirements of this section. [PL 2009, c. 610, §4 (AMD).]

8. Retailer assistance. The department must develop a program to assist retailers in identifying products that might contain polybrominated diphenyl ethers in their inventory. [PL 2007, c. 296, §1 (NEW).]

9. Interstate clearinghouse. The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate education and outreach activities, review risk assessments and alternatives to the use of chemicals listed in this section, and carry out any other activities related to the administration of this chapter. [PL 2007, c. 296, §1 (NEW).]

10. Review; report. [PL 2007, c. 643, §1 (RP).]

11. Application. This section does not prohibit the sale, distribution or use of: A. Used products; [PL 2009, c. 121, §18 (NEW).] A-1. Shipping pallets manufactured before January 1, 2012 that contain the "deca" mixture of polybrominated diphenyl ethers or shipping pallets for which an exemption has been granted under subsection 5‑B ; [PL 2009, c. 610, §5 (NEW).] B. Except as provided in subsection 5‑A , products if the presence of polybrominated diphenyl ether is due solely to the use of recycled material; or [PL 2009, c. 610, §5 (AMD).] C. Replacement parts that contain the "octa" or "penta" mixtures of polybrominated diphenyl ether if the parts are for use in a product manufactured before January 1, 2006. [PL 2009, c. 121, §18 (NEW).] [PL 2009, c. 610, §5 (AMD).]

12. Enforcement. If there are grounds to suspect that a product is being offered for sale in violation of this section, the commissioner may request the manufacturer of the product to provide a certificate of compliance. Within 10 days of receipt of a request, the manufacturer shall: A. Provide the commissioner with a certificate attesting that the product complies with the requirements of this section; or [PL 2007, c. 296, §1 (NEW).] B. Notify persons who sell the manufacturer's products in this State that the sale of the product is prohibited and provide the commissioner with a list of the names and addresses of those notified. [PL 2007, c. 296, §1 (NEW).] When it appears that a product has been sold, offered for sale or distributed in this State in violation of this section, the commissioner may take enforcement action in accordance with section 347‑A against the product manufacturer. For the purpose of this section, "manufacturer" means any person who manufactured the final product or whose brand name is affixed to the product. In the case of a product that was imported into the United States, "manufacturer" includes the importer or domestic distributor of the product if the person who manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States. [PL 2007, c. 296, §1 (NEW).]

13. Department rule-making authority; flame retardants. If the commissioner determines, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention and the Department of Public Safety, Office of the State Fire Marshal, that a flame retardant is harmful to the public health and the environment or meets the criteria as a prohibited replacement pursuant to subsection 14, paragraph B and a safer alternative to the flame retardant as set forth in subsection 14 is available, the department may adopt rules to prohibit the manufacture, sale or distribution in the State of: A. A mattress, a mattress pad or upholstered furniture intended for indoor use in a home or other residential occupancy that contains that flame retardant; [PL 2009, c. 610, §6 (AMD).] B. A television or computer that has a plastic housing containing that flame retardant; or [PL 2009, c. 610, §6 (AMD).] C. A plastic shipping pallet that contains that flame retardant. [PL 2009, c. 610, §6 (NEW).] The department's rulemaking under this subsection must be made in accordance with Title 5, chapter 375, subchapter 2‑A . The department shall report any rulemaking undertaken pursuant to this subsection to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The joint standing committee of the Legislature having jurisdiction over natural resources matters may submit legislation relating to the department's report. For purposes of this subsection, "flame retardant" means any chemical that is added to a plastic, foam or textile to inhibit flame formation. Rules adopted pursuant to this subsection are routine technical rules. [PL 2019, c. 315, §14 (AMD).]

14. Safer alternatives; policy. It is the policy of the State that the "deca" mixture of polybrominated diphenyl ethers be replaced with safer alternatives as soon as practicable. A. For the purposes of this subsection, "safer alternative" means a substitute process, product, material, chemical, strategy or any combination of these that: (1) When compared to the chemical to be replaced would reduce the potential for harm to human health or the environment or has not been shown to pose the same or greater potential for harm to human health or the environment as the chemical to be replaced; (2) Serves a functionally equivalent purpose that enables applicable fire safety standards, approvals and tests and relevant performance standards to be met; (3) Is commercially available on a national basis; and (4) Is not cost-prohibitive. [PL 2009, c. 610, §7 (NEW).] B. Effective June 1, 2011, a person subject to the restrictions under this section may not replace the "deca" mixture of polybrominated diphenyl ethers with a chemical alternative that the commissioner, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, determines: (1) Has been identified as or meets the criteria for identification as a persistent, bioaccumulative and toxic chemical by the United States Environmental Protection Agency; (2) Is a brominated or chlorinated flame retardant, unless the person demonstrates to the satisfaction of the commissioner that the flame retardant is a safer alternative; or (3) Creates another chemical as a breakdown product through degradation or metabolism that meets the provisions of subparagraph (1). A replacement to the "deca" mixture of polybrominated diphenyl ethers may contain an amount of the chemicals listed or described in subparagraphs (1), (2) and (3) equal to or less than 0.1%, except that a replacement may contain an amount of a halogenated organic chemical containing the element fluorine equal to or less than 0.2%. Upon request by the commissioner, a person subject to the restrictions under this subsection shall provide the commissioner with all existing information about the hazard and exposure characteristics of the replacement chemical that is known to, in the possession or control of or reasonably ascertainable by the person. [PL 2011, c. 160, §1 (AMD).] [PL 2011, c. 160, §1 (AMD).]

15. Confidentiality. Information submitted to the department pursuant to this section may be designated as confidential by the submitting party in accordance with the provisions set forth in section 1310‑B and, if the information is so designated, the provisions of section 1310‑B apply. [PL 2009, c. 610, §8 (NEW).]
38 M.R.S. § 419-A — ME Code / Title 38 / Chapter 3 / Section 419-A
38 §419-A. Prohibition on the use of tributyltin as an antifouling agent
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. [PL 1989, c. 763, §1 (RPR); MRSA T. 38 §419-A, sub-§1, ¶ A (RP).] A-1. "Acceptable release rate" means a measured release rate equal to or less than 4.0 micrograms per square centimeter per day at steady state conditions determined in accordance with federal Environmental Protection Agency testing procedures on tributyltin in antifouling paints under the Federal Insecticide, Fungicide and Rodenticide Act. [PL 1993, c. 15, §1 (AMD); PL 1993, c. 15, §2 (AFF).] B. "Antifouling paint" means a compound, coating, paint or treatment applied or used for the purpose of controlling freshwater or marine fouling organisms on vessels. [PL 1987, c. 769, Pt. B, §8 (AMD).] C. "Commercial boatyard" means: (1) A facility that engages for hire in the construction, storage, maintenance, repair or refurbishing of vessels; or (2) An independent marine maintenance contractor who engages in any of the activities listed in subparagraph (1). [PL 1987, c. 474 (NEW).] D. "Trap dip" means a liquid antifouling agent or preservative with which wooden lobster traps are treated. [PL 1987, c. 474 (NEW).] E. "Tributyltin compound" means any organotin compound that has 3 normal butyl groups attached to a tin atom, with or without an anion, such as chloride, fluoride or oxide. [PL 1987, c. 474 (NEW).] F. "Vessel" means a watercraft or other conveyance used as a means of transportation on water, whether self-propelled or otherwise. This definition includes barges and tugs. [PL 1987, c. 474 (NEW).] [PL 1993, c. 15, §1 (AMD); PL 1993, c. 15, §2 (AFF).]

2. Prohibition on use. Prohibition on use includes the following. A. Except as provided in subsection 3 , a person may not distribute, possess, sell, offer for sale, apply or offer for application any antifouling paint or trap dip containing a tributyltin compound. [PL 1987, c. 474 (NEW).] B. No person may distribute, possess, sell, offer for sale, apply or offer for application any substance that contains a tributyltin compound in concentrated form that is labeled for mixing with paint or solvents to produce an antifouling paint for use on vessels, wooden lobster traps, fishing gear for marine waters, floats, moorings or piers. [PL 1987, c. 474 (NEW).] C. The Board of Pesticides Control is the enforcement agency for this section. The Board of Pesticides Control shall make available a list of paints with acceptable tributyltin release rates by January 1, 1988. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §36 (AMD).] D. This section shall take effect on January 1, 1988. [PL 1987, c. 474 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §36 (AMD).]

3. Exceptions. Exceptions to the prohibition are as follows. A. A person may distribute or sell an antifouling paint containing a tributyltin compound with an acceptable release rate to the owner or agent of a commercial boatyard. The owner or agent of a commercial boatyard may purchase, possess and apply an antifouling paint containing tributyltin compounds with an acceptable release rate, if the antifouling paint is applied only within a commercial boatyard and is applied only to vessels exceeding 25 meters in length or that have aluminum hulls. [PL 1987, c. 474 (NEW).] B. This section does not prohibit the sale, application or possession of an antifouling paint containing a tributyltin compound, if the antifouling paint is in a spray can of 16 ounces or less, is commonly referred to as an outboard or lower drive unit paint and has an acceptable release rate. [PL 1987, c. 474 (NEW).] [PL 1987, c. 474 (NEW).]
38 M.R.S. § 1463 — ME Code / Title 38 / Chapter 14-A / Section 1463
38 §1463. Area studies
Status: in_force

1. Plan. Prior to initiation of area studies by the Federal Government or any person acting under its authority, the commissioner, in consultation with the State Geologist, shall submit a plan for these studies to the Legislature for approval, including any federal plan for conduct of those studies and a plan for state oversight, review and verification of area studies. The State plan shall include procedures for the establishment of a state review group to monitor and review the conduct of area studies and report their findings to the Governor and the Legislature. This review group shall include representatives of the scientific community, the Legislature and the general public. The review group may be established and may conduct its activities before other elements of the plan are approved. [PL 1985, c. 802, §9 (AMD).]

2. Exploration. No person may explore geological formations within this State for the purpose of investigating whether the site may be suitable for a high-level radioactive waste repository without the permission of the Legislature. The State Geologist shall advise the Legislature whether the proposed activity is consistent with the plan required by subsection 1 and with rules promulgated by the United States Department of Energy, the United States Nuclear Regulatory Commission and the United States Environmental Protection Agency relevant to siting a high-level radioactive waste repository and the United States Nuclear Waste Policy Act of 1982, Public Law 97-425. [PL 1985, c. 802, §9 (AMD).]

3. Public hearings. No plan for area studies may be approved unless it contains provision for public hearings in the State within 12 months after commencement of the studies to receive comments on: A. The technical feasibility of the proposed waste management technology; [PL 1983, c. 381, §9 (NEW).] B. The environmental impact of a waste repository in the area of study; [PL 1983, c. 381, §9 (NEW).] C. The social impact of a waste repository in the area of study; [PL 1983, c. 381, §9 (NEW).] D. The economic impact of a waste repository in the area of study; [PL 1983, c. 381, §9 (NEW).] E. Whether the proposed facility will be subject to section 413 , waste discharge licenses; section 483 , site location of development; section 590 , air emission licensing; section 1304 , licenses for waste facilities; and any other laws administered by the department or the Maine Land Use Planning Commission that may be applicable; [PL 1985, c. 802, §9 (AMD); PL 2011, c. 682, §38 (REV).] F. Conformance of the plan with the federal guidelines cited in subsection 2 ; [PL 1985, c. 802, §9 (AMD).] G. A reasonable comparative evaluation of the suitability of sites in the study area compared with sites in other areas; and [PL 1985, c. 802, §9 (AMD).] H. Such other matters as the commissioner deems appropriate. [PL 1985, c. 802, §9 (NEW).] [PL 1985, c. 802, §9 (AMD); PL 2011, c. 682, §38 (REV).]

4. Approval of plan required. Except for oversight monitoring and public information activities, no agent of the State may participate in area studies unless the Legislature has approved a plan for these studies. No person may conduct borings or excavations relating to area studies, unless the Legislature has approved a plan for the studies, including those borings or excavations. [PL 1985, c. 802, §9 (AMD).]

5. Reports. The commissioner shall keep the Governor and the Legislature fully and currently informed about the conduct of any area studies and, within 90 days of completion of those studies, shall review the findings and report them, together with the commissioner's comments to the Governor and the Legislature. [PL 1985, c. 802, §9 (AMD).]
38 M.R.S. § 2137-A — ME Code / Title 38 / Chapter 24 / Section 2137-A
38 §2137-A. Food recovery database
Status: in_force

The department, as resources allow and in consultation with other state agencies, municipalities, counties, businesses and other public or private entities, shall develop and maintain on its publicly accessible website a food recovery database as described in this section. [PL 2017, c. 369, §1 (NEW).]

1. Contents. The department may include in the database required under this section guidance documents, model policies, program resources and other educational and technical materials relevant to food recovery and food waste reduction efforts that may be implemented by government entities, counties, municipalities, educational institutions, businesses and members of the public, including, but not limited to: A. Materials relating to the alignment of the food purchasing practices of public and private entities with the demands and consumption habits of the individual consumers those entities serve; [PL 2017, c. 369, §1 (NEW).] B. Materials relating to the development and implementation of programs for the sharing of surplus or leftover food, including, but not limited to, share tables and food donation practices and programs; [PL 2017, c. 369, §1 (NEW).] C. Materials relating to the diversion of food scraps and other food waste not suitable for human consumption for use as animal feed; and [PL 2017, c. 369, §1 (NEW).] D. Materials relating to the handling, transportation and processing of organic waste materials for the purpose of composting or the generation of energy through an anaerobic digestion process, including, but not limited to, guidance documents relating to the establishment of on-site composting programs by public or private entities and a list of the businesses and other entities in the State that accept for processing or process organic materials for composting or energy generation. [PL 2017, c. 369, §1 (NEW).] [PL 2017, c. 369, §1 (NEW).]

2. Maintenance and updates. The department, as resources allow, shall maintain and periodically review and update the materials in the database required under this section to reflect changes in relevant state or federal laws, regulations or rules or in industry practices or to include any new materials relevant to the purpose of the database that have been developed by the department or by other entities. [PL 2017, c. 369, §1 (NEW).]
38 M.R.S. § 480-R — ME Code / Title 38 / Chapter 3 / Section 480-R
38 §480-R. Violations; enforcement
Status: in_force

1. Violations. A violation is any activity which takes place contrary to the provisions of a valid permit issued under this article or without a permit having been issued for that activity. Each day of a violation shall be considered a separate offense. A finding that any such violation has occurred shall be prima facie evidence that the activity was performed or caused to be performed by the owner of the property where the violation occurred. [PL 1987, c. 809, §2 (NEW).]

2. Enforcement. In addition to department staff, inland fisheries and wildlife game wardens, Department of Marine Resources marine patrol officers, all other law enforcement officers enumerated in Title 12, section 10401 and, pursuant to their delegated authority, the Maine Land Use Planning Commission and the Department of Agriculture, Conservation and Forestry, Bureau of Forestry shall enforce the terms of this article. [PL 2023, c. 505, §3 (AMD).]
38 M.R.S. § 480-V — ME Code / Title 38 / Chapter 3 / Section 480-V
38 §480-V. Applicability
Status: in_force

This article applies to all protected natural resources in the State. [PL 2007, c. 290, §6 (RPR).]

1. Exemptions. [PL 2007, c. 290, §6 (RP).]
38 M.R.S. § 1102 — ME Code / Title 38 / Chapter 11 / Section 1102
38 §1102. Approval and organization
Status: in_force

When the residents of the municipality, or each municipality, where more than one is involved, or of the unorganized territory within the proposed sanitary district, have voted upon the formation of a proposed sanitary district and all of the other questions submitted therewith, the clerk of each of the municipalities, and, where the proposed district includes unorganized territory, the county clerk, shall make a return to the Commissioner of Environmental Protection in such form as the commissioner shall determine. If the commissioner finds from the returns that a majority of the residents within each of the municipalities involved, and, where the proposed district includes unorganized territory, that a majority of the residents of the unorganized territory within the proposed sanitary district, voting on each of the articles and questions submitted to them, have voted in the affirmative, and they have elected the necessary trustees and the names thereof to represent each municipality, or the residents of the unorganized territory within the proposed sanitary district, and that all other steps in the formation of the proposed sanitary district are in order and in conformity with law, the commissioner shall make a finding to that effect and record the same upon the department's records. The commissioner shall, immediately after making these findings, issue a certificate of organization in the name of the sanitary district in such form as the commission shall determine. The original certificate must be delivered to the trustees on the day that they are directed to organize and a copy of the certificate duly attested by the commissioner must be filed and recorded in the Office of the Secretary of State. The issuance of a certificate by the commissioner is conclusive evidence of the lawful organization of the sanitary district. The sanitary district is not operative until the date set by the commissioner under section 1106 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §213 (AMD).]
38 M.R.S. § 2191 — ME Code / Title 38 / Chapter 24 / Section 2191
38 §2191. Fees
Status: in_force

The bureau shall establish reasonable fees for waste disposal services provided by the bureau. [PL 2011, c. 655, Pt. GG, §61 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1153 — ME Code / Title 38 / Chapter 11 / Section 1153
38 §1153. Condemnation proceedings
Status: in_force

Each sanitary district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1152 , shall file in the office of the county commissioners of the county in which the property to be taken is located and cause to be recorded in the registry of deeds in said county plans of the location of all lands, real estate, easements or interest therein, and sewers, drains or conduits and any sewer or drainage rights to be taken, with an appropriate description and the names of the owners thereof, if known. When for any reason any such district fails to acquire property which it is authorized to take and which is described in such location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect such location and file a new description thereof; and in such case any such district is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and any such district shall not be liable for any acts which would have been justified if the original taking had been lawful. No entry shall be made on any private lands, except to make surveys, until the expiration of 10 days from such filing, whereupon possession may be had of all said lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title thereto shall not vest in the district until payment therefor. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 490-C — ME Code / Title 38 / Chapter 3 / Section 490-C
38 §490-C. Notice of intent to comply
Status: in_force

Except as provided in section 484‑A , a person intending to create or operate an excavation under this article must file a notice of intent to comply before the total area of excavation on the parcel equals 5 or more acres excavated since January 1, 1970. Both reclaimed and unreclaimed areas are added together in determining whether this 5-acre threshold is met. A notice filed under this section must be complete, submitted on forms approved by the department and mailed to the municipality, the department, the Maine Historic Preservation Commission and each abutting property owner. The notice that is mailed to the municipality and each abutting property owner must be sent by certified mail at least 7 days prior to filing the notice of intent to comply with the regulator. The notice that is mailed to the regulator must be sent by certified mail, return receipt requested. Upon receiving the postal receipt, the owner or operator may commence operation. The municipality where the proposed excavation is located may submit comments to the department if the proposed excavation may pose an unreasonable adverse impact under the standards in section 490‑D . Within 30 days of receipt of the notice of intent to comply, the department must respond to the comments made by the municipality. Abutting property owners, the Maine Historic Preservation Commission or other interested persons may submit comments directly to the department. [PL 2007, c. 297, §4 (AMD).]

A notice of intent to comply is not complete unless it includes all the following information: [PL 1993, c. 350, §5 (NEW).]

1. Name, address and telephone number. The name, mailing address and telephone number of the owner and, if different from the owner, the operator; [PL 1995, c. 700, §23 (AMD).]

2. Map and site plan. A location map and site plan drawn to scale showing property boundaries, stockpile areas, existing reclaimed and unreclaimed lands, proposed maximum acreage of all affected lands, all applicable private drinking water supplies or public drinking water sources and all existing or proposed solid waste disposal areas; [PL 1995, c. 700, §23 (AMD).]

3. Parcel description. A parcel description and size, by tax map or deed description; [PL 1993, c. 350, §5 (NEW).]

4. Information on abutters. The names and addresses of abutting property owners; [PL 1995, c. 700, §23 (AMD).]

5. Signed statement. A statement, signed and dated by the owner or operator, certifying that the excavation will be operated in compliance with this article; and [PL 1995, c. 700, §23 (AMD).]

6. Fees. Any fee required by section 490‑J . [PL 1993, c. 350, §5 (NEW).]

If the department determines that a notice filed under this section is not complete, the department must notify the owner or operator no later than 45 days after receiving the notice. [PL 1995, c. 700, §23 (AMD).]
38 M.R.S. § 3117 — ME Code / Title 38 / Chapter 33 / Section 3117
38 §3117. Unlawful possession of beverage containers
Status: in_force

A person is guilty of a violation of this section if that person possesses more than 48 beverage containers that are not labeled under section 3105 . This section does not apply to licensed waste facilities as defined in section 1303‑C, subsection 40 . [PL 2015, c. 166, §14 (NEW).]

1. Penalty. A violation of this section is a civil violation for which a fine of $100 per container in excess of 48 beverage containers may be adjudged. [PL 2015, c. 166, §14 (NEW).]

2. Enforcement. The Maine State Police shall enforce this section and prosecute any persons found in violation. [PL 2015, c. 166, §14 (NEW).]

3. Private right of action; containers not originally sold in the State. An initiator of deposit may maintain a civil action in Superior Court against a person, other than a redemption center licensed in accordance with section 3113 , in possession of more than 48 beverage containers that the person knows or has reason to know were not originally sold in this State as filled beverage containers. If the initiator of deposit prevails in any action, the initiator of deposit is entitled to an award of reasonable attorney's fees and court costs, including expert witness fees. [PL 2019, c. 526, §13 (AMD).]

4. Exempt facilities. The department may, by rule, adopt procedures for designating certain transportation activities and storage or production facilities or portions of facilities as exempt from this section. Any exemption granted under this subsection must be based on a showing by the person owning or operating the facility or undertaking the activity that: A. The beverage containers stored or transported are intended solely for retail sale outside of the State; [PL 2015, c. 166, §14 (NEW).] B. The beverage containers are being transported to and stored in a facility licensed under Title 28‑A, section 1371, subsection 1 prior to labeling and subsequent retail sale within the State; or [PL 2015, c. 166, §14 (NEW).] C. The person is licensed under Title 28‑A, section 1401 to import malt liquor and wine into the State, the beverage containers contain malt liquor or wine and these containers are being transported or stored prior to labeling and subsequent retail sale within the State. [PL 2015, c. 166, §14 (NEW).] The department may require reporting of the numbers of beverage containers imported into and exported from the State under the terms of this subsection. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 480-A — ME Code / Title 38 / Chapter 3 / Section 480-A
38 §480-A. Findings; purpose; short title
Status: in_force

The Legislature finds and declares that the State's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and coastal sand dunes systems are resources of state significance. These resources have great scenic beauty and unique characteristics, unsurpassed recreational, cultural, historical and environmental value of present and future benefit to the citizens of the State and that uses are causing the rapid degradation and, in some cases, the destruction of these critical resources, producing significant adverse economic and environmental impacts and threatening the health, safety and general welfare of the citizens of the State. [PL 1987, c. 809, §2 (NEW).]

The Legislature further finds and declares that there is a need to facilitate research, develop management programs and establish sound environmental standards that will prevent the degradation of and encourage the enhancement of these resources. It is the intention of the Legislature that existing programs related to Maine's rivers and streams, great ponds, fragile mountain areas, freshwater wetlands, significant wildlife habitat, coastal wetlands and sand dunes systems continue and that the Department of Environmental Protection provide coordination and vigorous leadership to develop programs to achieve the purposes of this article. The well-being of the citizens of this State requires the development and maintenance of an efficient system of administering this article to minimize delays and difficulties in evaluating alterations of these resource areas. [PL 1987, c. 809, §2 (NEW).]

The Legislature further finds and declares that the cumulative effect of frequent minor alterations and occasional major alterations of these resources poses a substantial threat to the environment and economy of the State and its quality of life. [PL 1987, c. 809, §2 (NEW).]

This article is known and may be cited as "the Natural Resources Protection Act." [PL 2007, c. 290, §1 (NEW).]
38 M.R.S. § 1318-A — ME Code / Title 38 / Chapter 13 / Section 1318-A
38 §1318-A. Recovery by State, counties and municipalities for expenditures for removal of discharges
Status: in_force

1. Responsible party. The responsible party or the person causing the discharge is liable for all acts and omissions of its servants and agents that are committed within the course and scope of their employment. [PL 2005, c. 100, §1 (AMD).]

2. State, counties and municipalities to recover for expenditures for removal. Any person who permits, causes or is responsible for a prohibited discharge shall reimburse the State, counties and municipalities for all costs incurred, including personnel costs, in removing the discharge, including costs for ensuring public safety. Funds recovered under this section must be deposited to the account from which they were expended. Requests from the State for reimbursement, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General pursuant to Title 5, section 191 , or, for county or municipal cost, to the District Attorney for collection. [PL 2005, c. 100, §1 (AMD).]

In any suit to enforce claims of the State, a county or a municipality under this section, it is not necessary for the State, county or municipality to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge. The State, county or municipality need only plead and prove the fact of the prohibited discharge and that the discharge occurred while the hazardous matter was in the custody or control of the person causing, permitting or responsible for the discharge. [PL 2005, c. 100, §1 (AMD).]

At the request of one or more municipalities, a county may bring legal action for recovery under this section on behalf of the municipality or municipalities. If the county is successful in the action, the county is entitled to recover the cost of the action and reasonable attorney's fees. [PL 2005, c. 100, §1 (NEW).]
38 M.R.S. § 1724 — ME Code / Title 38 / Chapter 17 / Section 1724
38 §1724. Directors
Status: in_force

1. Authorization. All of the affairs of a disposal district must be managed by an appointed board of directors that consists of not less than 3 directors. The exact number of directors must be determined in accordance with section 1721 . Each director is entitled to the number of votes that corresponds to the level of population in that director's municipality as set forth in the following table, unless an alternative method of apportioning votes is approved by a majority vote of the municipal officers representing each member of the disposal district prior to or at the time of formation. Population No. of Votes 0 - 1,000 1 1,001 - 2,500 2 2,501 - 5,000 3 5,001 - 10,000 4 10,001 - 15,000 5 15,001 - 25,000 6 25,001 - 35,000 7 35,001 - 50,000 8 50,001 - 65,000 9 65,001 and over 10 A director may not split votes. In the event a municipality has more than one director, directors from that municipality shall share equally the number of votes for that municipality but may vote independently of each other. A determination of population must be made based upon the latest official Decennial Census of the United States by the United States Bureau of Census. A disposal district may alter the number of its directors by submitting the proposed alteration to the voters in the same manner as provided in section 1721, subsection 7 . No municipality within any disposal district may have less than one director. A quorum of the directors may conduct the affairs of the district even if there is a vacancy on the board of directors. A quorum is defined as a simple majority of eligible and appointed directors, provided that a majority of the member municipalities are represented. A simple majority of directors voting, either in person or by written consent, may conduct the affairs of the district. [PL 1999, c. 557, §1 (AMD).]

2. Term. Subject to section 1721, subsection 5 , as to the duration of terms to be served by initial directors, all directors shall hold office for 3 years and until their successors are duly appointed and qualified. Any representative may be appointed to successive terms without limit. [PL 1983, c. 820, §2 (NEW).]

3. Vacancy. Any vacancy on the board of directors must be filled within 30 days after the vacancy occurs by appointment of the municipal officers of the municipality that the appointee is to represent. An appointee to a vacancy serves until the expiration of the term of the representative to whose position the appointment was made and may be reappointed. [RR 2021, c. 2, Pt. B, §290 (COR).]

4. Directors' retirement. Directors shall not be eligible to join the Maine Public Employees Retirement System as a result of their selection as directors. [PL 1983, c. 820, §2 (NEW); PL 2007, c. 58, §3 (REV).]
38 M.R.S. § 656 — ME Code / Title 38 / Chapter 5 / Section 656
38 §656. Cranberry culture
Status: in_force

When dams are erected and maintained on streams not navigable, for the purposes of cranberry culture, and lands are flowed thereby and injured by such flowage, the owners thereof shall proceed for the recovery of damages for such flowage in the same manner as in case of flowage by dams erected and maintained for mill purposes.
38 M.R.S. § 978 — ME Code / Title 38 / Chapter 7 / Section 978
38 §978. Conversion of railroad sleepers, ship knees or cedar lumber; double damages
Status: in_force

A person who willfully and fraudulently takes, carries away or otherwise converts to that person's own use any railroad sleeper, knee or other ship timber or cedar for shingles or other purposes, the property of another, whether known or not, without the owner's consent, lying in any river, stream, pond, bay or inlet, or on or near the shore thereof; or cuts out, alters or destroys any mark thereon, forfeits $10 for each offense, to be recovered and appropriated as provided in section 971; and is liable to the owner in double the amount thereof in a civil action. Such owner has all the rights and is subject to all the liabilities provided for the owner of logs, masts and spars in sections 973 to 979. [RR 2021, c. 2, Pt. B, §263 (COR).]
38 M.R.S. § 1604 — ME Code / Title 38 / Chapter 16 / Section 1604
38 §1604. Lead-acid batteries
Status: in_force

For the purposes of this section, "lead-acid battery" means a device designed and used to store electrical energy through chemical reactions involving lead and acid. [PL 1989, c. 583 (NEW); PL 1989, c. 585, Pt. E, §35 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]

1. Disposal. No person may dispose of a lead-acid battery by burial, incineration, deposit or dumping so that the battery or any of its constituents may enter the environment or be emitted into the air or discharged into any waters. [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]

2. Lead-acid battery retailers. A person selling or offering for retail sale lead-acid batteries shall: A. Accept, at the point of transfer, used lead-acid batteries in reasonably clean and unbroken condition from customers in a quantity at least equal to the number of new batteries purchased; [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).] B. If a used lead-acid battery is not exchanged at the time of sale, collect a $10 deposit on the new battery. (1) The deposit shall be returned to the customer when the customer delivers a used lead-acid battery within 30 days of the date of sale. (2) All funds received by a dealer as a deposit on a lead-acid battery shall be held in trust and separately accounted for by the retailer. Any interest on those funds shall inure to the benefit of the retailer. Annually on July 1st, all deposits not returned to customers in exchange for lead-acid batteries during the previous year ending June 30th shall inure to the benefit of the retailer; and [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).] C. Post an 8 1/2" x 11" written notice that includes the display of the universal recycling symbol and the following language. (1) "State law requires us to accept motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased." (2) "A deposit of $10 will be charged for each new lead-acid battery that is not exchanged with an old lead-acid battery." (3) "It is illegal to dump, bury or incinerate a motor vehicle lead-acid battery or other lead-acid battery." (4) "Recycle your used batteries." [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).] [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]

3. Lead-acid battery wholesalers. Any person selling new lead-acid batteries at wholesale shall accept, at the point of transfer, in a quantity at least equal to the number of new lead-acid batteries purchased, used lead-acid batteries in reasonably clean and unbroken condition from customers. A person accepting lead-acid batteries in transfer from an automotive battery retailer shall be allowed a period, not to exceed 90 days, to remove batteries from the retail point of collection. [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]

4. Inspection and enforcement. The Department of Environmental Protection shall produce, print and distribute notices required under subsection 2 . The department shall enforce the provisions of this section and may inspect places, buildings or premises governed by this section. [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]

5. Violations. Any person who does not abide by this section commits a civil violation subject to section 349 . [PL 1989, c. 583 (NEW); PL 1989, c. 878, Pt. A, §116 (RPR).]
38 M.R.S. § 418-B — ME Code / Title 38 / Chapter 3 / Section 418-B
38 §418-B. Prohibition on application of fertilizers near great ponds
Status: in_force

Notwithstanding any other provision of law, a person may not apply a fertilizer containing phosphorus or nitrogen within 25 feet of the normal high-water line of a great pond, except that a person may apply a fertilizer containing phosphorus or nitrogen within 25 feet but not closer than 10 feet of the normal high-water line of a great pond if applying the fertilizer using a drop spreader, rotary spreader with a deflector or targeted spray liquid. As used in this section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A‑3 . [PL 2015, c. 75, §1 (NEW).]
38 M.R.S. § 480-W — ME Code / Title 38 / Chapter 3 / Section 480-W
38 §480-W. Emergency actions to protect threatened property
Status: in_force

1. Protective materials. [PL 2005, c. 548, §2 (RP).]

2. Strengthening of structure. [PL 2005, c. 548, §2 (RP).]

3. Emergency action exemption. Notwithstanding section 480‑C , if the local code enforcement officer, a state-licensed professional engineer or a state-licensed geologist determines that the integrity of a seawall, bulkhead, retaining wall or similar structure in a coastal sand dune system is destroyed or threatened, the owner of property protected by the seawall, bulkhead, retaining wall or similar structure may perform or cause to be performed the following activities without obtaining a permit under this article: A. Place riprap, sandbags or other heavy nonhazardous material to shore up the threatened structure and leave the material in place until a project designed to repair or replace the structure is permitted by the department. After such emergency action is taken and within 5 working days after the imminent threat, the property owner must provide written notice to the department of the date the emergency action was taken and a description of the emergency action taken. Within 6 months following placement of any material pursuant to this paragraph, the property owner must submit to the department an application to repair or replace the structure. The material placed pursuant to this paragraph must be removed within 18 months from the date a permit is issued by the department; or [PL 2005, c. 548, §2 (NEW).] B. Make permanent repairs, to the extent necessary to alleviate the threat, to strengthen the seawall, bulkhead, retaining wall or other structure, to widen the footings or to secure the structure to the sand with tie-back anchors. A state-licensed geologist, state-licensed professional engineer or other qualified professional must make the determination that the actions taken by the property owner in accordance with this section are only those actions necessary to alleviate the imminent threat and do not include increasing the height or length of the structure. [PL 2019, c. 285, §16 (AMD).] If a local code enforcement officer, state-licensed professional engineer or state-licensed geologist fails to determine within 6 hours of initial contact by the property owner whether the integrity of a structure is destroyed or threatened, the property owner may proceed as if the local code enforcement officer, state-licensed professional engineer or state-licensed geologist had determined that the integrity of the structure was destroyed or threatened. [PL 2019, c. 285, §16 (AMD).]

4. Replacement after emergency action under permit by rule. Notwithstanding any other provision of this chapter, the department shall approve a permit by rule to repair or replace a seawall, bulkhead, retaining wall or similar structure that has been destroyed or threatened with a structure that, except as provided in paragraph C , is identical in all dimensions and location as long as a property owner files a completed permit-by-rule notification for the repair or replacement of the structure and the following standards are met. A. During project construction, disturbance of dune vegetation must be avoided and native vegetation must be retained on the lot to the maximum extent possible. Any areas of dune vegetation that are disturbed must be restored as quickly as possible. Dune vegetation includes, but is not limited to, American beach grass, Rosa virginiana, bayberry, beach pea, beach heather and pitch pine. [PL 2025, c. 122, §3 (AMD).] B. Sand may not be moved seaward of the frontal dune between April 1st and September 1st unless the owner has obtained written approval from the Department of Inland Fisheries and Wildlife. [PL 2005, c. 548, §2 (NEW).] C. The replacement of a seawall may not increase the height, length or thickness of the seawall beyond that which legally existed within the 24 months prior to the submission of the permit-by-rule notification but may increase the height of the seawall in accordance with section 480‑E, subsection 19 . The replaced seawall may not be significantly different in construction from the one that previously existed. [PL 2025, c. 122, §3 (AMD).] [PL 2025, c. 122, §3 (AMD).]
38 M.R.S. § 490-AA — ME Code / Title 38 / Chapter 3 / Section 490-AA
38 §490-AA. Inspections
Status: in_force

The department may periodically inspect a site, examine relevant records of the owner or operator of a quarry, take samples and perform tests necessary to determine compliance with the provisions of this article. [PL 1995, c. 700, §35 (NEW).]
38 M.R.S. § 1661-C — ME Code / Title 38 / Chapter 16-B / Section 1661-C
38 §1661-C. Restrictions on sale and use of mercury
Status: in_force

1. Fever thermometers. [PL 2009, c. 501, §18 (RP).]

2. Manometers. [PL 2009, c. 501, §19 (RP).]

3. Schools. Effective January 1, 2002, bulk elemental or chemical mercury or mercury compounds may not be sold for use in a primary or secondary classroom in the State. Manufacturers of such materials shall notify wholesalers and retailers about this ban and shall instruct them on how to properly dispose of the remaining inventory. Mercury-added products used by schools are not subject to this ban. [PL 2001, c. 373, §3 (NEW).]

4. Elemental mercury. Effective January 1, 2002, a person may not sell or provide elemental mercury to another person except for manufacturing or recycling purposes without providing that person with a material safety data sheet, as defined in 42 United States Code, Section 11049, and without requiring the purchaser or recipient to sign a statement that the purchaser or recipient: A. Will use the mercury only for medical, dental amalgam dispose-caps or research purposes; [PL 2003, c. 551, §18 (AMD).] B. Understands that mercury is toxic and that the purchaser will store and use it appropriately so that no person is exposed to the mercury; and [PL 2001, c. 373, §3 (NEW).] C. Will not place or allow anyone under the purchaser's control to place or cause to be placed the mercury in solid waste for disposal or in a wastewater treatment and disposal system. [PL 2001, c. 373, §3 (NEW).] [PL 2003, c. 551, §18 (AMD).]

5. Mercury-added thermostats. [PL 2009, c. 277, §2 (RP).]

6. Instruments and measuring devices. Effective July 1, 2006, a person may not sell or offer to sell or distribute the following mercury-added products: A. A barometer; [PL 2003, c. 221, §4 (NEW).] B. An esophageal dilator, bougie tube or gastrointestinal tube; [PL 2003, c. 221, §4 (NEW).] C. A flow meter; [PL 2003, c. 221, §4 (NEW).] D. A hydrometer; [PL 2003, c. 221, §4 (NEW).] E. A hygrometer or psychrometer; [PL 2003, c. 221, §4 (NEW).] F. A manometer; [PL 2009, c. 501, §20 (AMD).] G. A pyrometer; [PL 2003, c. 221, §4 (NEW).] H. A sphygmomanometer; or [PL 2003, c. 221, §4 (NEW).] I. A thermometer. [PL 2009, c. 501, §21 (AMD).] This subsection does not apply to the sale of a mercury-added product listed in paragraphs A to I if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery. [PL 2009, c. 501, §§20, 21 (AMD).]

7. Mercury switches and relays. Effective July 1, 2006, a person may not sell or offer to sell or distribute a mercury switch or mercury relay individually or as a product component. This prohibition does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006 and one of the following applies: A. The larger product is used in manufacturing; or [PL 2003, c. 221, §4 (NEW).] B. The switch or relay is integrated and not physically separate from other components of the larger product. [PL 2003, c. 221, §4 (NEW).] This subsection does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is a federal requirement. [PL 2003, c. 221, §4 (NEW).]

8. Exemptions. Subsections 6 and 7 do not apply to the sale of a mercury-added product for which an exemption is obtained under this subsection. The manufacturer or user of the product may apply for an exemption by filing a written petition with the commissioner. The commissioner may grant an exemption with or without conditions upon finding that: A. The exemption is requested because the mercury-added product is required to meet specific advanced technology product specifications identified by the customer or end user of the product; or [PL 2003, c. 221, §4 (NEW).] B. The mercury-added product is reasonable and appropriate for a specific use. In this situation, the petitioner must demonstrate that: (1) A system exists for the proper collection, transportation and processing of the product at the end of its life; and (2) One of the following applies: (a) Use of the product provides a net benefit to the environment, public health or public safety when compared to available nonmercury alternatives; or (b) Technically feasible nonmercury alternatives are not available at comparable cost. [PL 2003, c. 221, §4 (NEW).] Prior to approving an exemption, the commissioner may consult with neighboring states, by means of the interstate clearinghouse under section 1671 or otherwise, to promote consistency in the way in which mercury-added products are regulated. The commissioner may request individuals receiving an exemption to maintain records and provide reasonable reports to the department that characterize mercury use. Exemptions may be granted for a term not to exceed 5 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of this subsection and the manufacturer or other persons comply with the conditions of its original approval. The board shall adopt rules for processing exemption applications that provide for public participation, taking into account the role of the interstate clearinghouse. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 221, §4 (NEW).]

9. Button cell batteries. This subsection governs the sale of mercury-added button cell batteries. A. After December 31, 2011, a person may not sell or offer to sell or distribute for promotional purposes a mercury-added button cell battery identified in this paragraph or a product that contains a mercury-added button cell battery identified in this paragraph: (1) A zinc-air button cell battery; (2) An alkaline manganese button cell battery; or (3) A silver oxide button cell battery stamped with the designation 357, 364, 371, 377, 395, SR44W, SR621SW, SR626SW, SR920SW or SR927SW or a silver oxide button cell battery that is interchangeable with a battery that is stamped with one of those designations; and [PL 2011, c. 206, §24 (AMD).] B. After January 1, 2015, a person may not sell or offer to sell or distribute for promotional purposes a silver oxide mercury-added button cell battery or a product that contains a silver oxide mercury-added button cell battery. [PL 2009, c. 86, §1 (NEW).] [PL 2011, c. 206, §24 (AMD).]

10. Sale of used products. Subsections 6 and 7 do not apply to the sale of used products. [PL 2007, c. 98, §1 (NEW).]

11. Mercuric oxide batteries. A person may not sell, distribute or offer for sale in this State a consumer mercuric oxide button cell battery. The sale and use of all other types of mercuric oxide batteries is subject to the requirements of section 2165 . [PL 2011, c. 206, §25 (NEW).]

12. Alkaline manganese and zinc-carbon batteries. A person may not sell, distribute or offer for sale in this State the following batteries: A. An alkaline manganese battery that contains any added mercury; or [PL 2011, c. 206, §26 (NEW).] B. A zinc carbon battery that contains any added mercury. [PL 2011, c. 206, §26 (NEW).] [PL 2011, c. 206, §26 (NEW).]