38 M.R.S. § 2146 — ME Code / Title 38 / Chapter 24 / Section 2146
38 §2146. Stewardship program for packaging
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Alternative collection program" means a program for the management of packaging material that is operated by an individual producer or group of producers and that has been approved by the department in accordance with subsection 8 . [PL 2021, c. 455, §2 (NEW).] B. "Brand" has the same meaning as in section 1771, subsection 1 . [PL 2021, c. 455, §2 (NEW).] C. "Collection" means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a recycling establishment. [PL 2021, c. 455, §2 (NEW).] C-1. "Consumer" means a single-family or multifamily residence, school, municipal or state government facility, public space or commercial business that uses or partners with a municipal or state waste management service. "Consumer" does not include a person that manufactures products if the packaging material for those products is managed and the costs of that management are paid for by the person or by a producer, and that packaging material: (1) Is used solely for transportation of the products to persons that are not consumers; or (2) Is used for or generated by the person as part of the manufacturing process for the products. [PL 2025, c. 383, §1 (NEW).] D. "European article number" or "EAN" means a 13-digit barcode used for product identification purposes, also referred to as an international article number. [PL 2021, c. 455, §2 (NEW).] E. "Franchisee" means a person that is granted a franchise by a franchisor authorizing the use of the franchisor's trade name, service mark or related characteristic and the sharing of the franchisor's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period. [PL 2021, c. 455, §2 (NEW).] F. "Franchisor" means a person that grants to a franchisee a franchise authorizing the use of the person's trade name, service mark or related characteristic and the sharing of the person's proprietary knowledge or processes pursuant to an oral or written arrangement for a definite or indefinite period. [PL 2021, c. 455, §2 (NEW).] G. "Low-volume producer" means a producer that sold, offered for sale or distributed for sale in or into the State during the prior calendar year products contained, protected, delivered, presented or distributed in or using more than one ton but less than 15 tons of packaging material in total. [PL 2021, c. 455, §2 (NEW).] H. "Municipality" means a city, town, county, township, village or plantation; a refuse disposal district under chapter 17 ; or a regional association. [PL 2021, c. 455, §2 (NEW).] I. "Packaging material" means a discrete type of material, or a category of material that includes multiple discrete types of material with similar management requirements and similar commodity values, used for the containment, protection, delivery, presentation or distribution of a product, including a product sold over the Internet, at the time that the product leaves a point of sale with or is received by the consumer of the product. "Packaging material" does not include a discrete type of material, or a category of material that includes multiple discrete types of material, that is: (1) Intended to be used for the long-term storage or protection of a durable product and that can be expected to be usable for that purpose for a period of at least 5 years; (2) A beverage container, as defined in section 3102, subsection 2 , subject to the requirements of chapter 33 ; (3) A container for architectural paint, as defined in section 2144, subsection 1, paragraph A , as long as a paint stewardship program is in operation, has been approved by the department pursuant to section 2144 and the stewardship organization operating that program: (a) Has demonstrated to the department's satisfaction that it recycles at least 90% of the containers of architectural paint collected under the program; or (b) Subject to the approval of the department, if unable to satisfy the requirements of division (a), has demonstrated to the department's satisfaction that it recycles at least 80% of the containers of architectural paint collected under the program; or (4) Excluded from the definition of "packaging material" by the department by rule adopted pursuant to subsection 13, paragraph D . [PL 2021, c. 455, §2 (NEW).] J. "Packaging stewardship fund" or "fund" means a privately held account established and managed by the stewardship organization pursuant to subsection 12 . [PL 2021, c. 455, §2 (NEW).] K. "Packaging stewardship organization" or "stewardship organization" means the entity contracted by the department under subsection 3 to operate the packaging stewardship program. [PL 2021, c. 455, §2 (NEW).] L. "Packaging stewardship program" or "program" means the program implemented under this section by the stewardship organization to assess and collect payments from producers based on the amount, whether by weight or volume, of packaging material sold, offered for sale or distributed for sale in or into the State by each producer and to reimburse participating municipalities for certain municipal recycling and waste management costs. [PL 2021, c. 455, §2 (NEW).] M. "Participating municipality" means a municipality that has complied with the requirements of subsection 9 and is eligible for reimbursement of certain costs in accordance with subsection 10 . [PL 2021, c. 455, §2 (NEW).] N. "Post-consumer recycled material" means new material produced using material resulting from the recovery, separation, collection and reprocessing of material that would otherwise be disposed of or processed as waste and that was originally intended to be sold for consumption. [PL 2025, c. 383, §2 (AMD).] O. "Producer" means: (1) For a product contained, protected, delivered, presented or distributed in or using packaging material and sold or offered for sale at a physical retail location in the State: (a) The person that manufactured the product if the product is sold or offered for sale in the State under the manufacturer's brand or the packaging material does not identify the brand; (b) If there is no person to which division (a) applies, the person that is licensed to manufacture and sell or offer the product for sale to consumers in the State under the brand or trademark of another manufacturer or person; (c) If there is no person to which division (a) or (b) applies, the person that has legal ownership of the brand of the product; (d) If there is no person to which divisions (a) to (c) apply that has a physical presence in the United States, the person that is the importer of record into the United States for the product for use in a commercial enterprise and that sells, offers for sale or distributes the product for sale in or into the State; or (e) If there is no person to which divisions (a) to (d) apply, the person that first distributes the product for sale in or into the State; (2) For a product contained, protected, delivered, presented or distributed in or using packaging material and sold, offered for sale or distributed for sale in the State through an Internet-based or remote sales transaction and not at a physical retail location in the State: (a) With respect to the packaging material that is used to directly contain or protect the product, a person identified pursuant to subparagraph (1), divisions (a) to (e); and (b) With respect to the packaging material that is not used to directly contain or protect the product, a person that packages the item for delivery, presentation or distribution to the consumer; or (3) For a product contained, protected, delivered, presented or distributed in or using packaging material and sold, offered for sale or distributed for sale in the State in a manner not described in subparagraph (1) or (2), the person that first distributes the product for sale in or into the State. "Producer" includes a low-volume producer but does not include a nonprofit organization exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3). Notwithstanding subparagraphs (1) to (3), if the person that would otherwise be considered a producer under this paragraph is operating a business wholly or partially as a franchise, the producer is the franchisor if that franchisor has franchisees with a commercial presence in the State. Notwithstanding subparagraphs (1) to (3), if a person that would otherwise be considered a producer under this paragraph enters into a signed agreement with another person to assign the responsibility to act as producer for the product or products of the person for the purposes of this section, that other person is considered the producer of the product or products for the purposes of this section if that other person registers with the stewardship organization to participate in the program under this section on behalf of the person and written certification of the assignment of responsibility is provided to the stewardship organization. [PL 2025, c. 383, §3 (RPR).] P. "Proprietary information" has the same meaning as in section 1771, subsection 6‑A . [PL 2021, c. 455, §2 (NEW).] Q. "Readily recyclable" means, with respect to a type of packaging material, that the type of packaging material meets the criteria and standards for recyclability as determined by the department by rule pursuant to subsection 13, paragraph A , subparagraph (2). [PL 2021, c. 455, §2 (NEW).] R. "Recycling" has the same meaning as in section 1771, subsection 7 . [PL 2021, c. 455, §2 (NEW).] S. "Reuse" has the same meaning as in section 1771, subsection 8 . [PL 2021, c. 455, §2 (NEW).] T. "Similar municipalities" means 2 or more municipalities that, as determined by the department by rule pursuant to subsection 13, paragraph A , subparagraph (3), have similar population sizes and similar geographic locations and share other department-specified criteria. [PL 2021, c. 455, §2 (NEW).] U. "Toxicity" means, with respect to packaging material, the intentional addition to packaging material or the intentional use in the manufacturing, recycling or disposal of packaging material of metals or chemicals regulated or listed pursuant to Title 32, chapter 26‑A ; food contact chemicals of high concern or priority food contact chemicals regulated or listed pursuant to Title 32, chapter 26‑B ; or chemicals of concern, chemicals of high concern or priority chemicals identified pursuant to chapter 16‑D . [PL 2025, c. 383, §4 (AMD).] V. "Universal product code" or "UPC" means a standard for encoding a set of lines and spaces that can be scanned and interpreted into numbers for product identification purposes. "Universal product code" includes any industry-accepted barcode used for product identification purposes in a manner similar to a UPC, including, but not limited to, an EAN. [PL 2021, c. 455, §2 (NEW).] [PL 2025, c. 383, §§1-4 (AMD).]

2. Producer exemptions. Notwithstanding any provision of this section to the contrary, a producer is exempt from the requirements and prohibitions of this section in any calendar year in which: A. The producer realized less than $2,000,000 in total gross revenue during the prior calendar year, except that, for the period beginning one calendar year following the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 and ending 3 years after that effective date, a producer that realized less than $5,000,000 in total gross revenue during the prior calendar year is exempt from the requirements and prohibitions of this section; [PL 2021, c. 455, §2 (NEW).] B. The producer sold, offered for sale or distributed for sale in or into the State during the prior calendar year products contained, protected, delivered, presented or distributed in or using less than one ton of packaging material in total; or [PL 2025, c. 383, §5 (AMD).] C. The producer realized more than 50% of its total gross revenue in the prior calendar year from the sale of goods it acquired through insurance salvages, closeouts, bankruptcies and liquidations. [PL 2025, c. 383, §5 (AMD).] D. [PL 2025, c. 383, §5 (RP).] Notwithstanding any provision of this section to the contrary, a producer is exempt from the requirements and prohibitions of this section with respect to the first 15 tons of packaging material used by the producer to contain, protect, deliver, present or distribute products that were perishable food and that were sold, offered for sale or distributed for sale in or into the State during the prior calendar year. As used in this subsection, "perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical conditions, including, but not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shells and fresh fruits and vegetables. "Perishable food" does not include any such food that is sold, offered for sale or distributed for sale frozen except for frozen wild blueberries. A producer claiming an exemption under this subsection shall provide to the department sufficient information to demonstrate that the producer meets the requirements for an exemption under this subsection within 30 days of receiving a request from the department to provide such information. [PL 2025, c. 383, §5 (AMD).]

3. Selection of stewardship organization; contract. Consistent with the requirements of this subsection, the department shall select and enter into a contract with a packaging stewardship organization to operate the packaging stewardship program under this section. A. Consistent with applicable competitive bidding requirements under state purchasing laws and following the initial adoption of rules by the department pursuant to subsection 13 to implement this section, the department shall issue a request for proposals for the operation of the packaging stewardship program by a packaging stewardship organization. The proposals must be required to cover a 10-year operation of the packaging stewardship program by the successful bidder and must be required to include, at a minimum: (1) A description of how the bidder will administer the stewardship organization, including: (a) The mechanism or process, to be developed with input from producers, by which a producer may request and receive assistance from the stewardship organization in the reporting of required information and regarding methods by which the packaging material used by a producer may be modified so as to reduce the producer's payment obligations under subsection 6 ; and (b) The mechanism or process, to be developed with input from municipalities, by which a participating municipality may request and receive assistance from the stewardship organization in the reporting of required information and regarding methods by which a municipality's recycling program may be modified so as to increase access to and participation in the program; (2) A description of how the bidder intends to solicit and consider input from interested persons, including, but not limited to, producers, municipalities, environmental organizations and waste management and recycling establishments, regarding the bidder's operation of the packaging stewardship program, if selected; (3) A description of how the bidder intends to establish and manage the packaging stewardship fund consistent with subsection 12 , including, but not limited to: the staffing the bidder intends to use for management of the fund; a plan to ensure equity of access to the fund for participating municipalities; a plan for providing technical support to producers and municipalities regarding program requirements; and a plan for administering payments to and reimbursements from the fund and the financial mechanisms, including investment types, if any, the bidder intends to use in managing the fund; (4) A proposed financial assurance plan that ensures all funds held in the packaging stewardship fund are immediately and exclusively forfeited and transferred to or otherwise made immediately available to the department to support waste diversion, reuse or recycling programs when the stewardship organization's contract with the department is terminated by the department or expires, unless the stewardship organization enters into a new contract with the department in accordance with paragraph B prior to the expiration of the stewardship organization's existing contract; (5) A proposed budget outlining the anticipated costs of operating the packaging stewardship program, including identification of any start-up costs that will not be ongoing and a description of the method by which the bidder intends to determine and collect producer payments during the initial start-up period of program operation to fund the program's operational costs during that initial start-up period and to reimburse or require additional payments by those producers subsequent to that initial start-up period based on producer reporting of the actual amount of packaging material sold, offered for sale or distributed for sale in or into the State by each producer during that initial start-up period. The proposed budget under this subparagraph may overestimate the cost of operating the program during its initial start-up period of operation but must describe the method and basis for any overestimate; (6) A certification that the bidder will not share, except with the department, information provided to the bidder by a producer that is proprietary information and that is identified by the producer as proprietary information. The certification must include a description of the methods by which the bidder intends to ensure the confidentiality of such information; (7) A description of how the bidder will conduct a statewide recycling needs assessment that, at a minimum, includes an evaluation of: (a) Current funding needs affecting recycling access and availability in the State; (b) The capacity, costs and needs associated with the collection and transportation of recyclable material in the State; (c) The processing capacity, market conditions and opportunities in the State and regionally for recyclable material; (d) Consumer education needs in the State with respect to recycling and reducing contamination in collected recyclable material; and (e) The producer payments schedule adopted by the department pursuant to subsection 13 and the anticipated effect of that schedule on incentivizing the use by producers of readily recyclable packaging materials and supporting the solid waste management hierarchy under section 2101 ; and (8) Any additional information required by the department. [PL 2025, c. 383, §§6, 7 (AMD).] B. In accordance with applicable requirements of state purchasing laws, the department shall enter into a contract with a bidder that has submitted a proposal in accordance with the requirements of this subsection, the term of which must cover 10 years of operation of the packaging stewardship program by the stewardship organization. The contract must, at a minimum, include provisions to ensure that the stewardship organization will conduct the statewide recycling needs assessment described in paragraph A , subparagraph (7) and report the results of that assessment to the department within a reasonable time frame and operate the program in accordance with all applicable statutory requirements and the rules adopted by the department under this section. [PL 2021, c. 455, §2 (NEW).] If, at the close of the competitive bidding process under this subsection, the department determines that no bidder has submitted, in accordance with this subsection, a proposal that meets the requirements of this subsection, the department may reopen a new competitive bidding process under this subsection. [PL 2025, c. 383, §§6, 7 (AMD).]

4. Prohibition; producer compliance information. This subsection governs the sale or distribution in the State of products with packaging not in compliance with the requirements of this section and sets forth requirements for the collection and publication of compliance information. A. Except as provided in paragraph D , beginning one calendar year following the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 , a producer may not sell, offer for sale or distribute for sale in or into the State a product contained, protected, delivered, presented or distributed in or using packaging material for which the producer has not complied with all applicable requirements of this section. [PL 2021, c. 455, §2 (NEW).] B. The stewardship organization shall provide to the department a list of producers that are participating in the program and a list of the UPCs of products or a list of all producers and brands for which the producer has complied with the program's requirements and, if known to the stewardship organization, a list of producers that are not participating in the program and are not compliant with the program's requirements. The stewardship organization shall provide to the department regularly updated producer compliance information described in this paragraph. [PL 2025, c. 383, §8 (AMD).] C. Based on information provided to the department under paragraph B and any other information considered by the department, the department shall make available on its publicly accessible website a regularly updated list of producers and brands for which the department has determined the producer has complied with all applicable requirements of this section and a list of producers and, where applicable, specific products and the brands of those products for which the department has determined the producer has not complied with all applicable requirements of this section. [PL 2025, c. 383, §9 (AMD).] D. Notwithstanding a producer's failure to comply with all applicable requirements of this section for a type or types of packaging material used to contain, protect, deliver, present or distribute a product, the department may authorize the sale or distribution for sale in or into the State of another product or products of the producer that are contained, protected, delivered, presented or distributed in or using a different type or types of packaging material for which that producer has complied with all applicable requirements of this section. In the event that the department provides such an authorization, the department shall ensure that such information is included in the information made available pursuant to paragraph C . [PL 2021, c. 455, §2 (NEW).] [PL 2025, c. 383, §§8, 9 (AMD).]

5. Annual reporting by stewardship organization. In accordance with rules adopted by the department, the stewardship organization shall annually submit to the department and make available on its publicly accessible website a report that includes, at a minimum, the following information: A. Contact information for the stewardship organization; [PL 2021, c. 455, §2 (NEW).] B. A list of participating producers and the brands and the UPCs of products associated with those producers; [PL 2021, c. 455, §2 (NEW).] C. The total amount, whether by weight or volume, of each type of packaging material sold, offered for sale or distributed for sale in or into the State by each participating producer as reported in accordance with subsection 7 ; [PL 2021, c. 455, §2 (NEW).] D. As applicable, the total amount, whether by weight or volume, of each type of packaging material collected and managed by each participating producer through alternative collection programs approved by the department under subsection 8 ; [PL 2021, c. 455, §2 (NEW).] E. A complete accounting of payments made to and by the stewardship organization during the prior calendar year, including information on how the stewardship organization determined the amount of such payments in accordance with subsections 6 and 10 and the rules adopted under subsection 13, paragraph A , subparagraphs (1) and (4); [PL 2021, c. 455, §2 (NEW).] F. A list of producers that are not participating in the program that are required to participate in the program and any product-specific noncompliance, if known by the stewardship organization; [PL 2021, c. 455, §2 (NEW).] G. A description of education and infrastructure investments made by the stewardship organization in prior calendar years and an evaluation of how those investments were designed to increase access to recycling in the State and to encourage the reuse of packaging material; [PL 2021, c. 455, §2 (NEW).] H. A description of the results of the representative audits required pursuant to subsection 13, paragraph A , subparagraph (6); [PL 2021, c. 455, §2 (NEW).] I. An assessment of the progress made toward the achievement of any program goals required by the department by rule pursuant to subsection 13, paragraph A , subparagraph (5); [PL 2021, c. 455, §2 (NEW).] J. An assessment of whether the payment schedule for producer payments adopted by the department by rule pursuant to subsection 13, paragraph A , subparagraph (1) has been successful in incentivizing improvements to the design of packaging material as encouraged through the allowance of payment adjustments in accordance with subsection 13, paragraph A , subparagraph (1), division (c); [PL 2021, c. 455, §2 (NEW).] K. Any proposals for changes to the packaging stewardship program or investments in education and infrastructure designed to reduce the amount of packaging material used, increase access to recycling, increase the recycling of or recyclability of packaging material, reduce program costs or otherwise increase program efficiency, which may include an analysis of best practices for municipal recycling programs; [PL 2021, c. 455, §2 (NEW).] L. The results of a 3rd-party financial audit of the stewardship organization; [PL 2021, c. 455, §2 (NEW).] M. An estimate of the annual greenhouse gas emissions effects in the State associated with the operation of the stewardship program. As used in this paragraph, "greenhouse gas" has the same meaning as in section 574, subsection 1 ; and [PL 2021, c. 455, §2 (NEW).] N. Any additional information required by the department. [PL 2021, c. 455, §2 (NEW).] [PL 2021, c. 455, §2 (NEW).]

6. Producer payments. In accordance with the provisions of this subsection and the rules adopted by the department, no later than 180 days after the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 , and annually thereafter, a producer shall make payments to the stewardship organization to be deposited into the packaging stewardship fund under subsection 12 based on the net amount, whether by weight or volume, of each type of packaging material sold, offered for sale or distributed for sale in or into the State by the producer and not managed by the producer under an approved alternative collection program. The department shall adopt rules setting forth the manner in which such payments must be calculated for packaging material that is readily recyclable and packaging material that is not readily recyclable, which must be designed to incentivize the use by producers of packaging material that is readily recyclable and disincentivize the use by producers of packaging material that is not readily recyclable. A. Notwithstanding any provision of this section to the contrary, a producer may not be required to pay an increased fee or penalty for packaging material that is not composed of post-consumer recycled material if the packaging material is subject to state or federal laws, rules or regulations that effectively prohibit the use of post-consumer recycled material in that packaging material. [PL 2025, c. 383, §10 (NEW).] B. Following the execution of a contract between the selected stewardship organization and the department pursuant to subsection 3 , the stewardship organization, based on the statewide recycling needs assessment conducted pursuant to subsection 3, paragraph A , subparagraph (7) and other available information, may recommend to the department that the producer payments schedule adopted by the department by rule pursuant to subsection 13 be modified to better incentivize the use by producers of readily recyclable packaging materials and support the solid waste management hierarchy under section 2101 and the department may, in its discretion, initiate rulemaking in accordance with this section to implement any modifications to that schedule. [PL 2025, c. 383, §11 (NEW).] [PL 2025, c. 383, §§10, 11 (AMD).]

7. Annual reporting by producers. In accordance with rules adopted by the department, a producer shall annually report to the stewardship organization the total amount, whether by weight or volume, of each type of packaging material sold, offered for sale or distributed for sale in or into the State by the producer in the prior calendar year. Notwithstanding any provision of this section to the contrary, a producer may not be required to report annually to the stewardship organization regarding its products or the associated packaging material using the UPCs of those products. [PL 2025, c. 383, §12 (AMD).]

8. Alternative collection programs. In accordance with the requirements of this subsection and the rules adopted by the department, a producer or group of producers may develop and operate an alternative collection program to collect and manage a type or types of packaging material sold, offered for sale or distributed for sale in or into the State by the producer or producers. A producer that manages a type of packaging material under an approved alternative collection program through reuse, recycling and, where approved by the department, management of that packaging material through incineration may wholly or partially offset the producer's payment obligations under the packaging stewardship program with respect to that same type of packaging material only. A. Beginning on the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 , a producer or group of producers seeking to implement an alternative collection program shall submit a proposal for the establishment of that program to the department for approval. The department shall approve or deny the proposal within 120 days of receipt and shall provide an opportunity for public review and comment on the proposal prior to its approval or denial. The department may approve an alternative collection program for a term of 5 years and, at the expiration of such term, the producer or group of producers operating the program may submit an updated proposal to the department for approval. [PL 2021, c. 455, §2 (NEW).] B. In determining whether to approve a proposed alternative collection program, the department shall consider: (1) Whether the alternative collection program will provide year-round, convenient, free, statewide collection opportunities for the types of packaging material to be collected under that program; (2) To what extent the alternative collection program intends to manage those types of packaging material to be collected under the program through reuse for an original purpose, through recycling or through disposal at an incineration facility. The department may not approve an alternative collection program that proposes management of a packaging material type through disposal at an incineration facility unless that packaging material is not readily recyclable and the program proposes a process to begin reuse or recycling of that type of packaging material within a period of 3 years or less; (3) Whether the education and outreach strategies proposed for the alternative collection program can be expected to significantly increase consumer awareness of the program throughout the State; (4) How the alternative collection program intends to accurately measure the amount, whether by weight or volume, of each packaging material type collected, reused, recycled, disposed of at an incineration facility or otherwise managed under the program; and (5) To what extent approval of the alternative collection program may disproportionately impact any community in the State. [PL 2021, c. 455, §2 (NEW).] C. A proposed modification to an approved alternative collection program must be submitted to the department for written approval. The department shall approve or deny a proposed modification based on application of the criteria described in paragraph B . The department may waive payment of any fees associated with review and approval of a proposed modification to an approved alternative collection program if the review of the proposed modification does not require significant department staff time. [PL 2021, c. 455, §2 (NEW).] D. In accordance with rules adopted by the department, a producer or producers managing an approved alternative collection program shall report annually to the stewardship organization and to the department the following information: (1) The total tons of each type of packaging material collected, reused, recycled, disposed of at an incineration facility or otherwise managed under the alternative collection program in the prior calendar year, including a breakdown of the total tons of each type of material to be credited to each producer participating in the alternative collection program; (2) A list of the collection opportunities in the State for the types of packaging material managed under the alternative collection program that were made available in the prior calendar year; (3) A description of the education and outreach strategies implemented by the alternative collection program in the prior calendar year to increase consumer awareness of the program throughout the State; and (4) Any additional information required by the department. [PL 2021, c. 455, §2 (NEW).] E. If the department determines that an approved alternative collection program is not operating in a manner consistent with the proposal approved under this subsection or the provisions of this subsection, the department shall provide written notice to the producer or producers operating the alternative collection program regarding the nature of the deficiency, the actions necessary to correct the deficiency and the time by which such actions must be implemented. If the department determines that the producer or group of producers have failed to implement the actions described in the written notice within the required time frame, the department shall notify the producers or group of producers as well as the stewardship organization in writing that the producer or group of producers are ineligible to offset payment obligations under the packaging stewardship program based on packaging material managed under the alternative collection program. [PL 2021, c. 455, §2 (NEW).] [PL 2021, c. 455, §2 (NEW).]

9. Requirements for participating municipalities. In accordance with the provisions of this subsection and the rules adopted by the department, a municipality may elect to, but is not required to, participate in the packaging stewardship program under this section. To be eligible for reimbursement of costs under subsection 10 as a participating municipality, a municipality must, at a minimum: A. Provide for the collection and recycling of any packaging material that is generated in the municipality and is readily recyclable; and [PL 2025, c. 383, §13 (AMD).] B. Annually report to the stewardship organization, on a form provided and approved by the department, all information necessary for the stewardship organization to determine the municipality's incurred costs associated with its collection, processing, transportation and recycling or other management of recyclable material and of municipal solid waste. [PL 2021, c. 455, §2 (NEW).] Two or more municipalities, municipally owned solid waste processing facilities or quasi-municipal entities that manage waste materials on behalf of a municipality may elect to jointly report to the stewardship organization as required by paragraph B and to jointly receive reimbursement payments pursuant to subsection 10 from the stewardship organization. [PL 2025, c. 383, §13 (AMD).]

10. Municipal reimbursements. In accordance with the rules adopted by the department pursuant to subsection 13, paragraph A , subparagraph (4), the stewardship organization shall annually disburse to participating municipalities from the packaging stewardship fund established under subsection 12 reimbursement payments for the median per-ton cost of managing packaging material that is readily recyclable and reimbursement payments for the median per-ton cost of managing packaging material that is not readily recyclable. For the purposes of this subsection, the cost to a municipality of managing packaging material may include, but is not limited to, the costs associated with the collection, transportation and processing of packaging material, whether readily recyclable or not readily recyclable. A. In accordance with rules adopted by the department, the stewardship organization shall determine the amount of payments to participating municipalities under this subsection based on the following information: (1) Information provided by participating municipalities to the stewardship organization in accordance with subsection 9, paragraph B regarding the costs incurred by those municipalities in managing packaging material that is readily recyclable and packaging material that is not readily recyclable, which may include costs associated with the management of packaging material collected in public spaces and schools; (2) Information provided to the department by recycling establishments pursuant to section 2145 and made available by the department to the stewardship organization, including the tons of recyclable material received by each recycling establishment from each municipality and the tons of processed recyclable material sold by each recycling establishment; (3) Information provided to the department by recycling establishments not located in the State or by participating municipalities and made available by the department to the stewardship organization regarding the tons of recyclable material brokered by those municipalities to those recycling establishments and processed and sold by those recycling establishments; (4) Information obtained by the stewardship organization through the audits of facilities that process recyclable material generated in the State as required by subsection 13, paragraph A , subparagraph (6); and (5) Any other information specified by the department by rule. [PL 2021, c. 455, §2 (NEW).] B. In accordance with procedures and requirements adopted by the department by rule, the stewardship organization shall use the information described in paragraph A to determine the total tons of each packaging material type recycled by all municipalities at each recycling establishment and the percentage of those total tons attributable to each participating municipality. In the case of 2 or more municipalities that jointly send recyclable material to a recycling establishment, the stewardship organization shall assume that an equal amount of the jointly sent material is attributable to each resident of each municipality unless those municipalities by agreement identify an unequal per capita division of that jointly sent material for the purposes of this subsection. [PL 2021, c. 455, §2 (NEW).] [PL 2021, c. 455, §2 (NEW).]

11. Investments in education and infrastructure. In accordance with the provisions of this subsection and the rules adopted by the department, the stewardship organization shall make investments in education and infrastructure that support the recycling of packaging material in the State. A. The stewardship organization shall submit any proposed investment in education or infrastructure to the department for approval prior to making any expenditure for such investment. The proposal must incorporate any input received by the stewardship organization regarding the proposed investment from producers, recycling establishments and participating municipalities. [PL 2021, c. 455, §2 (NEW).] B. The department shall adopt rules setting forth the criteria for evaluation and approval or denial of investments in education and infrastructure proposed by the stewardship organization. The department shall approve or deny a proposed investment within 90 days of receipt of the proposal from the stewardship organization. [PL 2021, c. 455, §2 (NEW).] C. The department shall ensure that preference for funding is given to proposals that support the State's solid waste management hierarchy under section 2101 , promote a circular economy for packaging material types for which producers were required to make payments under subsection 6 , increase the recyclability of packaging material that is not readily recyclable, increase access to recycling infrastructure in the State, improve consumer education in the State regarding recycling and recyclability and equitably support recycling and education efforts in participating municipalities, particularly in those participating municipalities that have received minimal or no prior funding pursuant to this paragraph. [PL 2021, c. 455, §2 (NEW).] [PL 2021, c. 455, §2 (NEW).]

12. Packaging stewardship fund; authorized expenditures. In accordance with the provisions of this subsection and the rules adopted by the department, the stewardship organization shall establish and manage a packaging stewardship fund. The stewardship organization shall deposit into the fund all payments received from producers in accordance with subsection 6 and shall expend those funds for the following purposes: A. To reimburse participating municipalities in accordance with applicable provisions in subsections 9 , 10 and 13 and the applicable rules adopted by the department pursuant to those subsections; [PL 2021, c. 455, §2 (NEW).] B. To cover the operating costs of the stewardship organization, which must be annually verified by a 3rd-party financial audit paid for by the stewardship organization as required by subsection 5, paragraph L ; [PL 2021, c. 455, §2 (NEW).] C. To pay to the department all applicable fees required under subsection 13, paragraph B , including reimbursement of any costs incurred by the department in adopting rules and in administering and enforcing this section prior to the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 ; and [PL 2021, c. 455, §2 (NEW).] D. To support investments in education and infrastructure made in accordance with subsection 11 . [PL 2021, c. 455, §2 (NEW).] [PL 2021, c. 455, §2 (NEW).]

13. Administration and enforcement; rulemaking; fees; department report. The department shall administer and enforce this section and shall adopt rules as necessary to implement, administer and enforce this section. The department shall solicit input from interested parties in the development of any draft rules to implement this section, solicit public comment on the draft rules for a period of at least 30 days and hold a public hearing on the draft rules in the same manner as a public hearing must be conducted under Title 5, section 8052 . Except as provided in paragraph D , rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . A. Rules adopted by the department pursuant to this section must include, at a minimum: (1) A process for annually determining a schedule of producer payments required under subsection 6 , which must include, but is not limited to, provisions regarding the timing of producer payments and the timing of and information required to be provided in the annual producer report required by subsection 7 . (a) The payment schedule adopted under this subparagraph must provide for a flat fee option to be assessed on a tiered basis such that a low-volume producer is required to pay no more than $500 per ton of packaging material and no more than $7,500 in total annual fees to the stewardship organization under this section. (b) For producers other than low-volume producers, the payment schedule adopted under this subparagraph must be based on and cover the cost of managing the amount of each type of packaging material sold, offered for sale or distributed for sale in or into the State by a producer and not managed under an approved alternative collection program, adjusted as applicable in accordance with the adjustment criteria adopted pursuant to division (c). (c) For producers other than low-volume producers, the payment schedule adopted under this subparagraph must delineate criteria to be used to adjust producer payments in a manner that incentivizes the use of recycled content in and increased recyclability of packaging material, lower toxicity in packaging material, a reduction of the amount of packaging material used, a reduction of litter from packaging material, increased reuse of packaging material and labeling of packaging material to reduce consumer confusion including by incentivizing accuracy in recyclability claims displayed on packaging material and that creates other incentives consistent with generally accepted industry standards. (d) The rule must require as part of the annual producer reporting under subsection 7 the provision by a producer of all information necessary for the determination of the producer's payment obligation and the determination of the producer's compliance with respect to its products. (i) For producers other than low-volume producers, the rule must require the producer to provide a description of the methods it used to determine the amount reported for each type of packaging material associated with its products, a description of the characteristics of each type of packaging material that are relevant to the adjustment criteria adopted pursuant to division (c) and a list of the producer's brands and the UPCs of the products associated with each type of packaging material. (ii) For low-volume producers, the rule must require the reporting of only the information necessary for a calculation of the flat fee described in division (a) and a determination of the producer's compliance with the requirements of this section. (iii) The rule must authorize a producer that is unable to fully satisfy the reporting requirements due to a failure to obtain sufficient information regarding the characteristics of the packaging material of products of the producer that are sold, offered for sale or distributed for sale in or into the State to alternatively report to the stewardship organization an estimate of the total amount of that packaging material based on unit quantities as long as such alternative reporting includes a description of the methods used by the producer to calculate the estimate. When a producer alternatively reports an estimate in accordance with this subdivision, unless otherwise determined by the department, the estimate must be adjusted using the least favorable adjustment criteria adopted pursuant to division (c); (2) A process for determining on an annual basis those types of packaging material that are readily recyclable, which must involve consultation with the stewardship organization and recycling establishments and must include a transitional period between the time that a type of packaging material is determined to be readily recyclable or to not be readily recyclable and the time that such determinations will be effective for the purposes of calculating producer payments and municipal reimbursements in accordance with this section; (3) A process for determining on an annual basis which municipalities are similar municipalities, which must involve consultation with participating municipalities; (4) A process for determining municipal reimbursements, including a description of the information required from participating municipalities under subsection 9 , a method for calculating the reimbursements required under subsection 10 and the timing for participating municipality reporting and payments to participating municipalities. The method for calculating reimbursements must include the median per-ton cost of managing packaging material that is readily recyclable and the median per-ton cost of managing packaging material that is not readily recyclable. The method for calculating reimbursements must involve consultation with participating municipalities and be designed to incentivize municipal waste management activities that represent higher priorities on the solid waste management hierarchy; (5) Requirements for the assessment of program performance, including the setting of program goals used to inform the producer payment schedule determined pursuant to subparagraph (1) and the investments in infrastructure and education made pursuant to subsection 11 , which must include, but are not limited to, program goals supporting an overall reduction by producers in the amount of packaging material used, an increased reuse by producers of packaging material and an increased amount of post-consumer recycled content in packaging material used by producers; packaging material litter reduction goals; recycling access and collection rate goals for municipalities; and overall program and material-specific recycling rate goals. To the maximum extent practicable, material-specific recycling rate goals adopted pursuant to this subparagraph must reflect the following recycling standards: (a) Sorted glass is considered recycled if it does not require further processing before entering a glass furnace or before use in the production of filtration media, abrasive materials, glass fiber insulation or construction materials; (b) Sorted metal is considered recycled if it does not require further processing before entering a smelter or furnace; (c) Sorted paper is considered recycled if it does not require further processing before entering a pulping operation; and (d) Plastic separated by polymer is considered recycled if it does not require further processing before entering a pelletization, extrusion or molding operation or, in the case of plastic flakes, does not require further processing before use in a final product; (6) Requirements for the stewardship organization to conduct representative audits of recyclable material processed and sold by facilities that process recyclable material generated in the State, of municipal solid waste disposed of in the State and of waste littered in the State, which must include, but are not limited to: (a) Provisions regarding the sampling techniques to be used in those audits, which must include random sampling; (b) For audits of recyclable material, provisions regarding: (i) How those audits must be designed to collect information regarding the extent to which recyclable material processed and sold by those facilities reflects the tons of each type of packaging material collected in the State for recycling and the tons of each type of packaging material recycled in the State, as well as the ultimate destination of and intended use for that recycled material; (ii) How those audits must be designed so that information collected through the audit of one facility will not be used to infer information about a different facility that uses different processing equipment, different sorting processes or different staffing levels to conduct processing; and (iii) The process by which a facility will be allowed to request and receive an audit if it can credibly demonstrate that an audit result being applied to its material output is not representative of its current operations; (c) For audits of municipal solid waste, provisions regarding how the audits will be designed to collect information regarding the types and amount, whether by weight or volume, of packaging material in the waste stream and the percentage by weight and volume of the waste stream that is composed of packaging material; and (d) For audits of waste littered in the State, provisions regarding how the audits will be designed to collect information regarding the packaging material type by amount, whether by weight or volume, in sampled litter, identification of the producer or producers of the packaging material in sampled litter, if identifiable, and an evaluation based on those audits regarding the areas of the State in which litter accumulation is greatest; (7) A schedule by which the stewardship organization must annually report to the department pursuant to subsection 5 and a schedule by which a producer or group of producers operating an approved alternative collection program must annually report to the stewardship organization and to the department pursuant to subsection 8, paragraph D ; and (8) A process by which the stewardship organization will develop and submit for department review and a process by which the department shall review and approve or deny a proposed investment in education and infrastructure pursuant to subsection 11 . The process must set forth the manner in which the stewardship organization is required to solicit and incorporate input in the development of proposed investments from producers, recycling establishments and participating municipalities. [PL 2023, c. 589, §1 (AMD).] B. At the time that the stewardship organization submits its annual report to the department pursuant to subsection 5 , the stewardship organization shall pay to the department a reasonable annual fee established by the department, not to exceed $300,000, to cover the department's costs for review of the stewardship organization's annual report and the department's costs in the prior fiscal year for its oversight, administration and enforcement of the packaging stewardship program. In accordance with subsection 12, paragraph C , the annual fee required under this paragraph may include reimbursement of any costs incurred by the department in adopting rules and in administering and enforcing this section prior to the effective date of the contract entered into by the department and the stewardship organization pursuant to subsection 3 . [PL 2021, c. 455, §2 (NEW).] C. A producer or group of producers, when submitting a proposal to the department for the establishment of an alternative collection program or submitting a proposal to the department for modifications to an approved alternative collection program under subsection 8 , shall pay to the department a reasonable fee established by the department to cover the department's actual costs for review of the proposal or proposed modifications. A producer or group of producers operating an approved alternative collection program under subsection 8 shall pay to the department a reasonable annual fee established by the department, not to exceed $10,000 per participating producer, to cover the department's costs for review of the producer's or group's annual report and the department's costs for the oversight, administration and enforcement of the alternative collection program, which may be waived by the department if those activities by the department do not require significant department staff time. [PL 2021, c. 455, §2 (NEW).] D. The department shall review packaging material associated with certain federally regulated products to determine whether that packaging material should be excluded from the definition of "packaging material" under subsection 1, paragraph I . In making such a determination, the department shall, at a minimum, consider whether the packaging material for such products is required by federal law or regulation to meet specific content or construction standards that may preclude or significantly diminish the producer's ability to increase the recyclability or reduce the volume of the packaging material. If the department determines that any such product or its associated packaging material should be excluded from the definition of "packaging material," the department shall adopt an exclusion by rule. At a minimum, the department shall conduct a review in accordance with this paragraph of the packaging material associated with the following federally regulated products: (1) Material that is used for the containment, protection, delivery, presentation or distribution of a drug, as that term is defined under Section 321 of the federal Food, Drug, and Cosmetic Act, as regulated by the United States Food and Drug Administration under the federal Food, Drug, and Cosmetic Act or as collected under a stewardship program in the State that has been approved for operation by the department and has been established to collect and dispose of such drugs, including, but not limited to, prescription and nonprescription drugs, drugs in medical devices and combination products, branded and generic drugs and drugs for veterinary use; (2) Material that is a medical device or a biological product, or is used for the containment, protection, delivery, presentation or distribution of a medical device or a biological product, as regulated by the United States Food and Drug Administration under 21 Code of Federal Regulations, Parts 200, 300 and 800; (3) Material that is used for the containment, protection, delivery, presentation or distribution of an over-the-counter human drug product for which tamper-evident packaging is required, as regulated by the United States Food and Drug Administration under 21 Code of Federal Regulations, Section 211.132; and (4) Material that is used for the containment, protection, delivery, presentation or distribution of a substance regulated by the United States Consumer Product Safety Commission pursuant to the federal Poison Prevention Packaging Act of 1970 for which special packaging is required under 16 Code of Federal Regulations, Part 1700. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 455, §2 (NEW).] E. Beginning February 15, 2025, and annually thereafter, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters regarding the packaging stewardship program and alternative collection programs implemented pursuant to this section. (1) The report must include, at a minimum, data on the amount and type of packaging material associated with products sold, offered for sale or distributed for sale in or into the State; data regarding how that packaging material was managed; and any recommendations for amendments to the programs implemented under this section, including, but not limited to, the establishment of new program goals or the imposition of a prohibition on the sale, offer for sale or distribution for sale in or into the State of products associated with packaging material that the department has determined is nonessential, is contaminating collected recyclable material, is a common source of litter or exhibits toxicity, particularly if that toxicity is demonstrated to have a disproportionate impact on any community in the State. (2) Beginning February 15, 2028, and every 5 years thereafter, the report under this paragraph must describe the results of a comprehensive review of the rules adopted by the department pursuant to this section and must include recommendations by the department for any legislative changes to this section determined necessary as a result of that review, including, but not limited to, changes to the flat fee that may be paid by a low-volume producer pursuant to subsection 13, paragraph A , subparagraph (1), division (a), as well as a description of any changes to those rules that the department intends to propose in future rulemaking. (2-A) The report under this paragraph due February 15, 2028 must include: (a) Information regarding the criteria and standards adopted by other jurisdictions to regulate recyclability claims displayed on packaging material, including, but not limited to, the recyclability criteria and standards adopted by the California Department of Resources Recycling and Recovery pursuant to the California Public Resources Code, Division 30, Part 3, Chapter 5.7; and (b) An evaluation of options for further incentivizing or ensuring accuracy in recyclability claims displayed on packaging material through amendments to the producer payment schedule adopted pursuant to paragraph A , subparagraph (1), through amendments to the criteria and standards for determining recyclability adopted pursuant to paragraph A , subparagraph (2) or through other amendments to this section or the rules adopted pursuant to this section. This subparagraph applies only to the report due February 15, 2028. (3) The report required under this paragraph may be included in the report required pursuant to section 1772, subsection 1 . [PL 2023, c. 589, §2 (AMD).] [PL 2023, c. 589, §§1, 2 (AMD).]

14. Antitrust exclusions. A producer or stewardship organization, including a producer's or stewardship organization's officers, members, employees and agents that organize a packaging stewardship program or an alternative collection program under this section, is immune from liability for the producer's or stewardship organization's conduct under state laws relating to antitrust, restraint of trade, unfair trade practices and other regulation of trade or commerce only to the extent necessary to plan and implement the producer's or stewardship organization's packaging stewardship program or alternative collection program consistent with the provisions of this section. [PL 2021, c. 455, §2 (NEW).]

15. Proprietary information. Proprietary information submitted to the department pursuant to the requirements of this section or the rules adopted pursuant to this section that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . [PL 2021, c. 455, §2 (NEW).]
38 M.R.S. § 2183 — ME Code / Title 38 / Chapter 24 / Section 2183
38 §2183. Effect on existing contracts and facilities
Status: in_force

Except as otherwise provided, nothing in this chapter may be construed to impair any contract in force upon the effective date of this chapter. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 480-E — ME Code / Title 38 / Chapter 3 / Section 480-E
38 §480-E. Permit processing requirements
Status: in_force

The department shall process all permits under this article, except as provided in section 480‑E‑1 , in accordance with chapter 2, subchapter I , and the following requirements. [PL 1999, c. 333, §19 (AMD).]

1. Municipal and other notification. The department shall provide notice according to this subsection. A. Except as otherwise provided in paragraph B , the department may not review a permit without notifying the municipality in which the proposed activity is to occur. The municipality may provide comments within a reasonable period established by the commissioner and the commissioner shall consider any such comments. [PL 2009, c. 615, Pt. E, §10 (NEW).] B. The department may not review an application for an offshore wind power project without providing: (1) Notice to the Maine Land Use Planning Commission when the proposed development is located within 3 miles of an area of land within the jurisdiction of the Maine Land Use Planning Commission; and (2) Notice to any municipality with land located within 3 miles of the proposed development and any municipality in which development of associated facilities is proposed. The Maine Land Use Planning Commission and any municipality notified pursuant to this paragraph may provide comments within a reasonable period established by the commissioner and the commissioner shall consider such comments. [PL 2009, c. 615, Pt. E, §10 (NEW); PL 2011, c. 682, §38 (REV).] [PL 2009, c. 615, Pt. E, §10 (RPR); PL 2011, c. 682, §38 (REV).]

2. Water supply notification and review. If the resource subject to alteration or the underlying ground water is utilized by a community public water system as a source of supply, the applicant for the permit shall, at the time of filing an application, forward a copy of the application to the community public water system and the drinking water program of the Department of Health and Human Services by certified mail and the department shall consider any comments concerning the application filed with the commissioner within a reasonable period, as established by the commissioner. [PL 2007, c. 353, §10 (AMD).]

3. Dredge spoils disposal. The commissioner may not accept an application for dredge spoils disposal in a coastal wetland unless the following requirements are met. A. The applicant has collected and tested the dredge spoils in accordance with a protocol approved by the commissioner. [PL 1993, c. 296, §3 (AMD).] B. The applicant has published notice of the proposed route by which the dredged materials are to be transported to the disposal site in a newspaper of general circulation in the area adjacent to the proposed route. [PL 1989, c. 656, §4 (NEW).] C. The application has been submitted to each municipality adjacent to any proposed marine and estuarine disposal site and route. [PL 1989, c. 656, §4 (NEW).] Any public hearing held pursuant to this application must be held in the municipality nearest to the proposed disposal site. [PL 1993, c. 296, §3 (AMD).]

4. Deferrals. When winter conditions prevent the department or municipality from evaluating a permit application, the department or municipality, upon notifying the applicant of that fact, may defer action on the application for a reasonable period. The applicant may not alter the resource area in question during the period of deferral. [PL 1989, c. 656, §4 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §73 (AMD).]

5. Permission of record owner. The written permission of the record owner or owners of flowed land is considered sufficient right, title or interest to confer standing for submission of a permit application, provided that the letter of permission specifically identifies the activities being performed and the area that may be used for that purpose. The commissioner may not refuse to accept a permit application for any prohibited activity due to the lack of evidence of sufficient right, title or interest if the owner or lessee of land adjoining a great pond has made a diligent effort to locate the record owner or owners of flowed land and has been unable to do so. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §73 (NEW).]

6. Permit display. A person issued a permit pursuant to this article for activities in a great pond watershed shall have a copy of the permit on site while work authorized by that permit is being conducted. Activities exempt by rule from the requirements of this article are not required to be in compliance with this subsection. [PL 1991, c. 838, §24 (NEW).]

7. Individual permit; maintenance dredging. Notwithstanding section 480‑X , if an analysis of alternatives to the dredging project has been completed by the applicant within the previous 10 years pursuant to section 480‑X and rules adopted to implement that section as part of an individual permit application, the applicant may update the previous analysis for purposes of obtaining an individual permit for maintenance dredging under this subsection. [PL 2011, c. 65, §1 (RPR).]

8. Permit by rule; maintenance dredging renewal. An individual permit for maintenance dredging may be renewed with a permit by rule only if the area to be dredged is located in an area that was dredged within the last 10 years and the amount of material to be dredged does not exceed the amount approved by the individual permit. [PL 2011, c. 65, §2 (RPR).]

9. Permit; reconstruction in V-Zone. [PL 2005, c. 548, §1 (RP).]

10. Road construction associated with forest management activities. [PL 1999, c. 695, §3 (NEW); MRSA T. 38 §480-E, sub-§10 (RP).]

11. Road construction associated with forest management activities. A permit by rule for road construction or maintenance associated with a forest management activity becomes effective upon receipt of notification by the department as long as: A. The road construction or maintenance is eligible for a permit by rule; and [PL 2003, c. 23, §1 (NEW).] B. The notification is on a form provided by the department and is complete. [PL 2003, c. 23, §1 (NEW).] [PL 2003, c. 23, §1 (NEW).]

12. 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, §1 (NEW).]

13. Information sharing with affected municipality. When the department issues or denies a permit or approves or denies a permit by rule under this article, the department shall provide a copy of the permitting decision or other authorization or denial to each municipality in which the proposed activity is to occur. The department may provide the information required under this subsection electronically. [PL 2019, c. 181, §1 (NEW).]

14. Minor expansion of structures in a coastal sand dune system. The department may authorize a one-time expansion of an existing residential or commercial structure in a coastal sand dune system through permit by rule if: A. The footprint of the expansion is contained within an impervious area that existed on January 1, 2021; [PL 2021, c. 186, §5 (NEW).] B. The footprint of the expansion is no further seaward than the existing structure; [PL 2021, c. 186, §5 (NEW).] C. The height of the expansion is within the height restriction of any applicable law or ordinance; and [PL 2021, c. 186, §5 (NEW).] D. The expansion conforms to the standards for expansion of a structure contained in the municipal shoreland zoning ordinance adopted pursuant to article 2‑B . [PL 2021, c. 186, §5 (NEW).] For the purposes of this subsection, "structure" does not include a seawall, retaining wall, closed fence or other structure used to stabilize the shoreline or to prevent the movement of sand or water. For the purposes of this subsection, expansion of an existing structure does not include a change from one type of structure to another. [PL 2021, c. 186, §5 (NEW).]

15. Coastal sand dune system restoration projects; stabilization materials. The department may authorize through a permit or a permit by rule under this article a coastal sand dune system restoration project that uses allowable stabilization materials for the planting of native dune vegetation as long as the project meets the requirements of this subsection and satisfies all other applicable requirements for the permit or permit by rule. A. Allowable stabilization materials may be used or placed only above the highest annual tide as measured at the time the project construction begins. Allowable stabilization materials may be used or placed in high‑velocity zones, or V-Zones, as identified by the United States Department of Homeland Security, Federal Emergency Management Agency in effective flood insurance rate maps under the National Flood Insurance Program. [PL 2023, c. 97, §1 (NEW).] B. The slope of the constructed dune may not be steeper than the slope of the existing dune in which the allowable stabilization materials are used or placed, except where the constructed dune is placed on, or on the landward side of, an existing seawall. [PL 2025, c. 122, §1 (AMD).] C. Allowable stabilization materials must be used or placed in a manner designed to encourage the revegetation of the dune with native dune vegetation and, except where the constructed dune is placed on, or on the landward side of, an existing seawall, must remain covered with sand and native dune vegetation throughout and upon completion of the project. [PL 2025, c. 122, §1 (AMD).] D. Allowable stabilization materials containing or using gravel or cobble may be used or placed only in a dune primarily composed of gravel or cobble or directly adjacent to a beach that is primarily gravel or cobble. Placement of allowable stabilization materials containing or using gravel or cobble must involve the use of gravel or cobble from the dune system or beach or gravel or cobble of a similar texture and color of the gravel or cobble of the dune system or beach. [PL 2023, c. 97, §1 (NEW).] E. Except as provided in paragraph F, a project that will use or place stakes, anchors or cables made from metal or other nonbiodegradable materials or fabrics, blankets or other stabilization materials made from polylactic acid polymers is not eligible for a permit by rule but may be issued a permit under this article. [PL 2025, c. 122, §1 (AMD).] F. A project that will use or place stakes, anchors or cables made from metal, whether alone or in conjunction with allowable stabilization materials, is eligible for a permit by rule under this article and in accordance with the requirements of this subsection only if the project is constructed on, or on the landward side of, an existing seawall. [PL 2025, c. 122, §1 (NEW).] The use or placement of allowable stabilization materials within a coastal sand dune system in accordance with a permit or a permit by rule authorized by the department pursuant to this subsection is not considered a permanent structure under this article. For the purposes of this subsection, "allowable stabilization materials" means natural, plant-based biodegradable or compostable fabrics, erosion control blankets, logs or rolls made from coir, jute, straw, polylactic acid polymers or other similar materials, including materials that contain or use gravel or cobble, discarded holiday trees, other trees fallen or washed up in proximity to the site and stakes, anchors or cables used to secure those materials. For the purposes of this subsection, "native dune vegetation" means dune plant species typically adapted to coastal sand dune systems in the State, including, but not limited to, American beach grass, Rosa virginiana, bayberry, beach pea, beach heather and pitch pine. For the purposes of this subsection, "existing seawall" means a seawall that legally existed on January 1, 2025. [PL 2025, c. 122, §1 (AMD).]

16. Height increase upon reconstruction or replacement of pier, wharf or dock in, on or over coastal wetland. Notwithstanding any provision of this article to the contrary, the department may authorize through a permit by rule an increase in the height of a pier, wharf or dock located wholly or partially in, on or over a coastal wetland when the pier, wharf or dock is reconstructed or replaced if: A. The height of the reconstructed or replaced pier, wharf or dock is increased by no more than the amount necessary for the bottom of the lowest horizontal structural component of the deck of the pier, wharf or dock to be 4 feet above the base flood elevation. The deck of the pier, wharf or dock may be extended into the upland only as necessary to accommodate any height increase under this paragraph and an additional row of pilings may be placed under the deck to facilitate that extension; and [PL 2023, c. 531, §1 (NEW).] B. The reconstructed or replaced pier, wharf or dock otherwise meets all applicable permit by rule standards. [PL 2023, c. 531, §1 (NEW).] For the purposes of this subsection, "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action. [PL 2023, c. 531, §1 (NEW).] Revisor's Note: (Subsection 16 as enacted by PL 2023, c. 497, §1 is REALLOCATED TO TITLE 38, SECTION 480-E, SUBSECTION 18)

17. Reconstruction or replacement of pier, wharf or dock in, on or over coastal sand dune system. Notwithstanding any provision of this article to the contrary, the department may authorize through a permit or a permit by rule the reconstruction or replacement of a pier, wharf or dock located wholly or partially in, on or over a coastal sand dune system if: A. The pier, wharf or dock to be reconstructed or replaced was in existence on January 1, 2024; [PL 2023, c. 531, §2 (NEW).] B. The reconstructed or replaced pier, wharf or dock is built on pilings, posts or similar supports that allow for the free movement of water, wind and sand under the deck of the pier, wharf or dock; and [PL 2023, c. 531, §2 (NEW).] C. The reconstructed or replaced pier, wharf or dock otherwise meets all applicable requirements adopted by the department by rule. [PL 2023, c. 531, §2 (NEW).] The department may adopt rules establishing standards for the reconstruction or replacement of a pier, wharf or dock in accordance with this subsection. For the purposes of this subsection, "pier, wharf or dock" includes any permanent structures located on the pier, wharf or dock. "Pier, wharf or dock" does not include a seawall, jetty, breakwater or similar structure designed to dissipate wave action. [PL 2023, c. 531, §2 (NEW).]

18. (REALLOCATED FROM T. 38, §480-E, sub-§16) Consistency with mandatory shoreland zoning laws. The commissioner may return an application for a permit under this article as incomplete for processing pursuant to section 344, subsection 1 if the commissioner finds that there is a reasonable likelihood that the proposed activity would be inconsistent with the minimum guidelines for municipal zoning and land use controls adopted by the board pursuant to section 438‑A, subsection 1 . If an application is returned pursuant to this subsection, the commissioner may require that a resubmitted application be accompanied by a municipal approval demonstrating that the proposed activity is in compliance with the board's adopted minimum guidelines. [PL 2023, c. 497, §1 (NEW); RR 2023, c. 2, Pt. A, §57 (RAL).]

19. Height increase of existing seawall in coastal sand dune system. Notwithstanding any provision of this article to the contrary, the department may authorize a one-time increase in the height of a seawall or similar structure in a coastal sand dune system through a permit under this article if the following conditions are met. A. The seawall legally existed on January 1, 2025 and the lot or parcel that contains the seawall: (1) Is no larger than 15,000 square feet and contains a residential dwelling that legally existed on or was legally reconstructed after January 1, 2025; (2) Is no larger than 25,000 square feet and contains a commercial building that legally existed on or was legally reconstructed after January 1, 2025; or (3) Contains a road that legally existed on or was legally reconstructed after January 1, 2025. [PL 2025, c. 122, §2 (NEW).] B. The residential dwelling, commercial building or road on the lot or parcel that contains the seawall, as identified pursuant to paragraph A , is located within 25 feet, horizontal distance, of the landward side of the seawall, or the lot or parcel abuts one or more lots or parcels along the same shoreline that each contain seawalls that have been or are permitted to be increased in height pursuant to this subsection. [PL 2025, c. 122, §2 (NEW).] C. A sand dune located seaward of the seawall that remains dry during the highest astronomical tide plus 1.5 feet of sea level rise: (1) Does not exist at the time of application; and (2) As determined by the department, cannot be created through restoration, reconstruction or construction activities in accordance with the department's permit by rule standards. [PL 2025, c. 122, §2 (NEW).] D. The height of the seawall is increased by no more than 2 feet, as long as: (1) The height of the seawall, after the increase, is not more than one foot above the base flood elevation; and (2) The dimensions of the seawall are not otherwise modified. The applicant may add sand, cobble or allowable stabilization materials on the landward side of the seawall to provide structural stability for the increase in the height of the seawall. [PL 2025, c. 122, §2 (NEW).] E. The applicant must agree to mitigate, through beach nourishment or other activities directed by the department, any increased scouring or erosion on the seaward side of the seawall that may result from the seawall height increase. [PL 2025, c. 122, §2 (NEW).] F. If there is sufficient space, as determined by the department, between the seawall and the residential dwelling, commercial building or road on the lot or parcel that contains the seawall, as identified pursuant to paragraph A , the applicant must, on the landward side of the seawall: (1) Construct a sand dune covered with native dune vegetation in a manner consistent with department rule; or (2) If there is not sufficient space to construct a sand dune, plant a vegetative buffer consisting of native dune vegetation. [PL 2025, c. 122, §2 (NEW).] G. If practicable, as determined by the department, the residential dwelling or commercial building on the lot or parcel that contains the seawall, as identified pursuant to paragraph A , must be elevated on a post or piling foundation that allows for the free movement of water, wind and sand in a manner consistent with department rule and prior to or at the time that the seawall is increased in height pursuant to this subsection. [PL 2025, c. 122, §2 (NEW).] H. The seawall, if increased in height pursuant to this subsection, must connect to a seawall of the same or greater height on each abutting lot or parcel along the same shoreline, except that, if an abutting lot or parcel along the same shoreline does not contain a seawall that the seawall can connect to, the applicant must: (1) Through legally binding agreement, including, but not limited to, an easement or contract, obtain permission for the seawall height increase from the owner of each abutting lot or parcel along the same shoreline that does not contain a seawall that the seawall can connect to; and (2) Agree to mitigate, through periodic dune restoration or beach nourishment activities as directed by the department, any increased end-effect erosion on each abutting lot or parcel along the same shoreline that may result from the seawall height increase. [PL 2025, c. 122, §2 (NEW).] I. For any seawall that is part of a project involving an increase in the height of seawalls located on 5 or more abutting lots or parcels along the same shoreline, the seawall height increase on all the abutting lots or parcels may not be expected to result in an increase in the extent or intensity of a predicted 100-year flood event on other abutting or adjacent lots that may cause the Federal Emergency Management Agency to revise the relevant flood insurance map to account for that increase, as determined by the department based on a standard engineering analysis provided by the applicant and any other information available to the department. [PL 2025, c. 122, §2 (NEW).] This subsection does not prevent the department from permitting, in accordance with adopted rules, the replacement of an existing seawall with a seawall of different dimensions or in a different location that is further landward if the department determines that the replacement seawall would be less damaging to the coastal sand dune system, existing wildlife habitat and adjacent properties than replacing the existing seawall with a seawall of the same dimensions in the same location. For the purposes of this subsection, "allowable stabilization materials" and "native dune vegetation" have the same meanings as in subsection 15 . [PL 2025, c. 122, §2 (NEW).] Revisor's Note: (Subsection 19 as enacted by PL 2025, c. 329, §1 is REALLOCATED TO TITLE 38, SECTION 480-E, SUBSECTION 20)

20. (REALLOCATED FROM T. 38, §480-E, sub-§19) Public-use airports. Notwithstanding any provision of this article to the contrary, the department may not include in any permit issued pursuant to this article any conditions that, as determined by the department, would decrease safety within the air operations area at a public-use airport. As used in this subsection, the following terms have the following meanings. A. "Air operations area" has the same meaning as in 14 Code of Federal Regulations, Section 153.3, except that, for a public-use airport that does not have an airport security program, "air operations area" means those portions of the public-use airport that, as determined by the department, are substantially similar to those portions of an airport described in 14 Code of Federal Regulations, Section 153.3, including aircraft movement areas, aircraft parking areas, loading ramps and safety areas for use by aircraft and any adjacent areas not separated by adequate security systems, measures or procedures. [PL 2025, c. 329, §1 (NEW); RR 2025, c. 1, Pt. A, §61 (RAL).] B. "Airport security program" means a security program approved by the United States Transportation Services Administration under 49 Code of Federal Regulations, Section 1542.101. [PL 2025, c. 329, §1 (NEW); RR 2025, c. 1, Pt. A, §61 (RAL).] C. "Public-use airport" has the same meaning as in 49 United States Code, Section 47102(22). [PL 2025, c. 329, §1 (NEW); RR 2025, c. 1, Pt. A, §61 (RAL).] [PL 2025, c. 329, §1 (NEW); RR 2025, c. 1, Pt. A, §61 (RAL).]
38 M.R.S. § 1480-A — ME Code / Title 38 / Chapter 14-A / Section 1480-A
38 §1480-A. Joint hearings; intervention
Status: in_force

The Department of Health and Human Services or the Governor's Energy Office may intervene in any federal licensing proceeding to carry out the purpose of this chapter. [PL 2011, c. 655, Pt. MM, §23 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]
38 M.R.S. § 91 — ME Code / Title 38 / Chapter 1 / Section 91
38 §91. Qualifications of licensees
Status: in_force

Every person who applies for a license to act as a pilot in the waters covered in this subchapter must be a citizen of the United States and the State of Maine. If applicable, the applicant must possess a federal first class pilot's endorsement, issued by a duly constituted authority of the United States, covering areas for which the applicant is making application. The commission shall set standards for application, testing and granting of a state license. In those areas where no federal endorsement is available, the commission may set additional standards for a state license. An applicant for a license must satisfy the commission that the applicant has or will have proper means available for boarding and leaving vessels which the applicant may be called upon to pilot. [PL 1999, c. 355, §14 (AMD).]

An applicant must complete a training trip in the area for which that person is making application under the direction of a licensed pilot actively piloting in that area. These training trips must be on vessels of at least 1600 gross tons. The commission shall establish standards for proof of such training and the minimum number of trips required. Once those standards are established, they may be amended only upon a 2/3 vote of the commission. [PL 1999, c. 355, §14 (NEW).]

Notwithstanding the training trip requirements under this section, the commission may establish alternative requirements for pilots under the jurisdiction of the commission who are seeking route endorsements in areas of low traffic volume as defined by the commission. The commission shall adopt rules implementing any alternative initial license criteria for pilots seeking route endorsements in areas of low traffic volume that are established by the commission. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 663, §1 (NEW).]
38 M.R.S. § 580-B — ME Code / Title 38 / Chapter 3-B / Section 580-B
38 §580-B. Cap-and-trade program established
Status: in_force

A carbon dioxide cap-and-trade program, referred to in this section as "the program," is established in accordance with this section. [PL 2007, c. 317, §17 (NEW).]

1. Application. All carbon dioxide budget units are subject to the carbon dioxide cap-and-trade program, except that a carbon dioxide budget unit is exempt from the program if: A. It is incapable of producing enough energy to generate 25 megawatts or more of electrical output; [PL 2007, c. 317, §17 (NEW).] B. Its sale of electricity to any power distribution system is less than 10% of its gross electrical generation on an annual basis. In calculating this percentage, all electricity transmitted to the regional grid over the facilities of a transmission and distribution utility as a result of verifiable conservation and demand-side management initiatives or any emergency mandate of the regional transmission organization or lawful order of a governmental authority is not included in the calculation of annual sales; or [PL 2007, c. 317, §17 (NEW).] C. Fifty percent or more of its annual heat input comes from the combustion of fuels other than fossil fuels. [PL 2007, c. 317, §17 (NEW).] [PL 2007, c. 317, §17 (NEW).]

2. Contingent on initiation of comparable programs. The carbon dioxide cap-and-trade program commences no earlier than January 1, 2009 and only when other states that are participating in the regional greenhouse gas initiative that produce a minimum of 35,000,000 tons of annual carbon dioxide emissions budget and participate in a wholesale electricity market administered and overseen by the regional transmission organization have initiated a comparable carbon dioxide cap-and-trade program. Nothing in this section precludes the department from initiating air emissions licensing of carbon dioxide budget sources or from participating in auctions for the sale of carbon dioxide allowances. [PL 2007, c. 608, §6 (AMD).]

2-A. Condition for withdrawal. The State shall withdraw from the regional greenhouse gas initiative when a sufficient number of other independent system operator participating states have withdrawn such that the total carbon dioxide emissions budget for the calendar year 2009, as specified in the Memorandum of Understanding, of the remaining other independent system operator participating states is less than 35,000,000 tons. If the condition is met for withdrawal from the regional greenhouse gas initiative, the department shall: A. Immediately take all necessary steps to withdraw the State from all memoranda of understanding and contracts with states participating in the regional greenhouse gas initiative relating to the regional greenhouse gas initiative; and [PL 2011, c. 277, §2 (NEW).] B. Submit legislation to the Legislature to make the necessary changes in law to reflect the State's withdrawal from the regional greenhouse gas initiative. [PL 2011, c. 277, §2 (NEW).] [PL 2011, c. 277, §2 (NEW).]

3. Base annual budget. Until January 1, 2014, the base annual carbon dioxide emissions budget is established at 5,948,902 tons of carbon dioxide. For the year 2014, the base annual carbon dioxide emissions budget is established at 3,277,250 tons of carbon dioxide. Beginning with the year 2015, the annual carbon dioxide emissions budget must decline by 2.5% each year through the year 2020. For the year 2021, the department shall establish the base annual carbon dioxide emissions budget in accordance with the model rule and with rules adopted pursuant to subsection 4 . Beginning with the year 2022, the annual carbon dioxide emissions budget must decline by 2.5% of the 2014 base annual carbon dioxide emissions budget each year through the year 2030. [PL 2017, c. 323, §1 (AMD).]

3-A. Interim adjustments for banked allowances. The 2014 base annual carbon dioxide emissions budget of 3,277,250 tons of carbon dioxide and base annual budgets for 2015 to 2020 must be reduced by an amount equivalent to the quantity of banked allowances in excess of the quantity of allowances required for compliance at the end of 2013. The base annual carbon dioxide emissions budgets for 2021 to 2025 must be reduced by an amount equivalent to the quantity of banked allowances in excess of the quantity of allowances required for compliance at the end of 2020. The State's interim adjustments for banked allowances must be made in proportion to the State's share of the total annual carbon dioxide emissions budget for all states participating in the regional greenhouse gas initiative. [PL 2017, c. 323, §2 (AMD).]

4. Rules implementing program. The department shall adopt rules to implement the program. Rules must be consistent with the model rule. The rules must include, but are not limited to: A. Provisions for the establishment of a system for the annual assignment, sale and distribution of carbon dioxide emissions allowances consistent with the carbon dioxide emissions budget; [PL 2007, c. 317, §17 (NEW).] B. Provisions for the establishment of carbon dioxide budget unit compliance obligation accounts; [PL 2007, c. 317, §17 (NEW).] C. Provisions for the establishment of carbon dioxide offset project allowance categories and requirements; [PL 2007, c. 317, §17 (NEW).] D. Provisions for the implementation of a licensing process for carbon dioxide budget units; [PL 2007, c. 317, §17 (NEW).] E. Provisions for the establishment of a carbon dioxide emissions and carbon dioxide allowance tracking program; and [PL 2007, c. 317, §17 (NEW).] F. Provisions to manage the carbon dioxide allowance auction developed in coordination with other states and jurisdictions in the regional greenhouse gas initiative and in a manner that is consistent with provisions adopted by those states and jurisdictions and, to the extent feasible, that: (1) Ensure close monitoring of allowance transactions in a manner that guards against collusion and market manipulation; (2) Ensure ongoing authentic price discovery and minimize price volatility; (3) Facilitate open participation for bidding to all individuals or entities that meet the financial requirements jointly adopted by the participating states; (4) Minimize administration and transaction costs and provide for an open and transparent user-friendly system; (5) Provide that ongoing monitoring of market activity is undertaken by entities that have complete financial independence from any market participant; (6) For purposes of civil and criminal enforcement authority under section 349 , establish a contract term at the time an allowance is purchased at the regional auction for violations of market rules jointly adopted by the participating states and jurisdictions or through another method of ensuring state jurisdiction; and (7) Guarantee that the Attorney General, the Public Utilities Commission and the commissioner have access to all auction information and information concerning allowance trading activity, including reports provided to the regional organization by a market monitor. [PL 2007, c. 317, §17 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 369, Pt. D, §6 (AMD).]

5. Enforcement. Violations of this chapter are enforceable, and penalties may be imposed in accordance with sections 347‑A , 348 and 349 . [PL 2007, c. 317, §17 (NEW).]

6. Waiver of enforcement; suspension of compliance obligation. The commissioner has authority, under the exceptional circumstances set out in paragraphs A and B , to waive or suspend requirements of this chapter. A. If the regional greenhouse gas initiative results in price levels for allowances that will result in immediate and irreparable harm to the operations of a carbon dioxide budget unit regulated under this chapter, including but not limited to the termination of business at that location, the commissioner may, in consultation with the Attorney General and the chair of the Public Utilities Commission, grant a temporary waiver of enforcement not to exceed one year for any violation by an individual regulated carbon dioxide budget unit of a requirement of this chapter. [PL 2007, c. 317, §17 (NEW).] B. In cases of emergency events that are beyond the control of a carbon dioxide budget unit, the commissioner may temporarily suspend the compliance obligation under a particular permit until such time as the emergency no longer is in effect. [PL 2007, c. 317, §17 (NEW).] The department shall adopt rules for the implementation of this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A and must be submitted to the Legislature by January 15, 2008 for review by the Joint Standing Committee on Natural Resources during the Second Regular Session of the 123rd Legislature. [PL 2007, c. 317, §17 (NEW).]

7. Allocation of carbon dioxide emissions allowances. The department shall allocate 100% of the annual carbon dioxide emissions allowances for public benefit to produce funds for carbon reduction and energy conservation, as specified in Title 35‑A, section 10109 . Except as provided in subsections 7‑A and 8 , the department shall sell the carbon dioxide emissions allowances at public auction, in accordance with rules adopted under subsection 4 . Revenue resulting from the sale of allowances must be deposited in the Regional Greenhouse Gas Initiative Trust Fund established under Title 35‑A, section 10109 . [PL 2009, c. 652, Pt. A, §60 (RPR).]

7-A. Voluntary renewable energy market set-aside. The department shall set aside a portion of the State's annual carbon dioxide emissions budget in a voluntary renewable market set-aside account. The allowances from this account must be retired in an amount equal to the amount of carbon dioxide emissions reduced by the voluntary purchase of eligible renewable energy credits by persons in the State up to the amount held in the set-aside account. For purposes of this subsection, "eligible renewable energy credits" means renewable energy credits generated within the states that are participating in the regional greenhouse gas initiative. Before February 1, 2010, the portion of the State's annual carbon dioxide emissions budget that is set aside in a voluntary renewable market set-aside account pursuant to this subsection may not exceed 2% of that budget. The department shall report to the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by January 15, 2010 as to whether that 2% cap is appropriate. By January 31, 2010, the Efficiency Maine Trust, established under Title 35‑A, section 10103 , in consultation with the department, shall establish the cap on the portion of the State's annual carbon dioxide emissions budget that is set aside in a set-aside account. [PL 2009, c. 372, Pt. B, §5 (AMD).]

8. Combined heat and power incentive; set aside. The department shall set aside a portion of the State's annual carbon dioxide emissions allowances in an allowance account for carbon dioxide budget units that are combined heat and power units and are located at integrated manufacturing facilities. The department shall use these allowances for existing carbon dioxide budget units to reflect only that portion of each unit's emissions related to electricity and thermal power generated at a carbon dioxide budget unit that is a combined heat and power unit, whether it is a combined cycle system or other energy generation configuration of which the carbon dioxide budget unit is a part, that are not transmitted across the facilities of a transmission and distribution utility. The department shall adopt rules setting forth the proper treatment of combined heat and power units. The rules may distinguish between combined heat and power units that commence operation after July 1, 2007 and those that commence operation before July 1, 2007. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 317, §17 (NEW).]

9. Integrated manufacturing facilities. This subsection governs the treatment of integrated manufacturing facilities under this chapter. A. The compliance obligation for a carbon dioxide budget unit at an integrated manufacturing facility is the carbon dioxide emissions associated with electricity resulting from the combustion of fossil fuels and transmitted over the facilities of a transmission and distribution utility. Absent any contractual arrangement to the contrary, the department shall presume that electricity from sources other than carbon dioxide budget units is transmitted first. The department shall adopt rules governing the compliance obligation for electricity generated at integrated manufacturing facilities and transmitted over the facilities of a transmission and distribution utility. [PL 2007, c. 317, §17 (NEW).] B. The department shall establish the Integrated Manufacturing Facility Retirement Account to ensure proper accounting for carbon emissions from the generation of electricity and heat from fossil fuels at integrated manufacturing facilities. [PL 2007, c. 317, §17 (NEW).] C. The purchase of electricity pursuant to a long-term electricity contract renders the purchaser an owner of a carbon dioxide budget unit for purposes of this chapter and obligates the owner to obtain the carbon dioxide emissions allowances applicable to the compliance obligation associated with the carbon dioxide budget unit. For purposes of this paragraph, "owner" means: (1) The holder of any portion of the legal or equitable title in a carbon dioxide budget unit; (2) The holder of a leasehold interest in a carbon dioxide budget unit, other than a passive lessor or a person who has an equitable interest through such lessor whose rental payments are not based, either directly or indirectly, upon the revenues or income from that unit; or (3) A purchaser of electricity from a carbon dioxide budget unit under a contractual arrangement for greater than a 3-year period. If no person has title to the electricity under subparagraphs (1) to (3), the owner is any holder of any portion of the legal or equitable title to the output of a carbon dioxide budget unit or any holder of a leasehold interest in such a unit. [PL 2007, c. 317, §17 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 317, §17 (NEW).]

10. Annual report. The department, the Public Utilities Commission and the trustees of the Efficiency Maine Trust established pursuant to Title 35‑A, section 10103 shall submit a joint report to the joint standing committees of the Legislature having jurisdiction over natural resources matters and utilities and energy matters by March 15th annually. The report must assess and address: A. The reductions of greenhouse gas emissions from carbon dioxide budget units, conservation programs funded by the Regional Greenhouse Gas Initiative Trust Fund pursuant to Title 35‑A, section 10109 and carbon dioxide emissions offset projects; [PL 2009, c. 652, Pt. A, §61 (RPR).] B. The improvements in overall carbon dioxide emissions and energy efficiency from sources that emit greenhouse gases including electrical generation and fossil fuel fired units; [PL 2009, c. 652, Pt. A, §61 (RPR).] C. The maximization of savings through systemic energy improvements statewide; [PL 2009, c. 652, Pt. A, §61 (RPR).] D. Research and support of new carbon dioxide offset allowance categories for development in the State; [PL 2009, c. 652, Pt. A, §61 (RPR).] E. Management and cost-effectiveness of the State's energy conservation and carbon reduction programs and efforts funded by the Regional Greenhouse Gas Initiative Trust Fund, established pursuant to Title 35‑A, section 10109 ; [PL 2009, c. 652, Pt. A, §61 (RPR).] F. The extent to which funds from the Regional Greenhouse Gas Initiative Trust Fund, established pursuant to Title 35‑A, section 10109 , serve customers from all classes of the State's transmission and distribution utilities; and [PL 2009, c. 652, Pt. A, §61 (RPR).] G. The revenues and expenditures of the Regional Greenhouse Gas Initiative Trust Fund, established pursuant to Title 35‑A, section 10109 . [PL 2009, c. 652, Pt. A, §61 (RPR).] The department, the Public Utilities Commission and the trustees of the Efficiency Maine Trust may include in the report any proposed changes to the program established under this chapter. The joint standing committee of the Legislature having jurisdiction over natural resources matters may submit legislation relating to areas within the committee's jurisdiction in connection with the program. The joint standing committee of the Legislature having jurisdiction over utilities and energy matters may submit legislation relating to areas within the committee's jurisdiction in connection with the program. [PL 2013, c. 369, Pt. D, §7 (AMD).]

11. Confidentiality. To protect the integrity of individual auctions administered under the carbon dioxide cap-and-trade program established in this section, the following records are confidential as provided in this subsection. A. Except as provided in this paragraph, the following records are confidential for a period of 3 years beginning at the time of application, submission, award or record creation by the department or its agents: (1) Auction bid and award information specific to any one account holder; (2) Carbon dioxide allowance and carbon dioxide offset allowance account holdings; and (3) Carbon dioxide allowance and carbon dioxide offset allowance transactions. This paragraph does not prohibit the release of carbon dioxide allowance and carbon dioxide offset allowance account holdings and transactions in an aggregated form that does not permit the identification of any person or entity. The commissioner may release information described in subparagraph (1), (2) or (3) before the expiration of the 3-year period if the commissioner determines that confidentiality of that information is no longer required to protect the integrity of individual auctions administered under the carbon dioxide cap-and-trade program. [PL 2009, c. 200, §11 (NEW).] B. The following records remain confidential and may not be disclosed except pursuant to a court order or upon the written consent of the account holder: (1) Proprietary information contained in documents required to be submitted to participate in an auction conducted under the carbon dioxide cap-and-trade program; and (2) Carbon dioxide allowance and carbon dioxide offset allowance transaction prices. This subparagraph does not prohibit the release of transaction prices calculated in an aggregated manner that does not permit the identification of any person or entity. [PL 2009, c. 200, §11 (NEW).] Records containing any emission, offset or allowance tracking information submitted for the purpose of demonstrating compliance with the carbon dioxide cap-and-trade program and rules adopted to implement the program are public records subject to disclosure under Title 1, chapter 13 . [PL 2009, c. 200, §11 (NEW).]
38 M.R.S. § 2005 — ME Code / Title 38 / Chapter 23 / Section 2005
38 §2005. Election of trustees
Status: in_force

Except for trustees representing participating water districts, whose selection is governed by section 2002, subsection 6‑A , trustees shall be nominated and elected in the same manner as municipal officers are nominated and elected under Title 30‑A , or in accordance with a municipal charter, whichever is applicable; or, in the case of unorganized territory, in accordance with the procedure for the organization of larger townships set forth in Title 30‑A, section 7001 . Upon receipt of the names of all the trustees, the commissioner shall set a time, place and date for the first meeting of the trustees, notice of the meeting to be given to the trustees by certified or registered mail, return receipt requested, mailed at least 10 days prior to the date set for the meeting, to determine the length of their terms. Except for trustees representing water districts whose term is set by section 2002, subsection 6‑A , the terms must be determined by lot in accordance with the following table: TERM Total number of trustees 1 year 2 years 3 years 5 1 2 2 6 2 2 2 7 2 2 3 8 2 3 3 9 3 3 3 10 3 3 4 11 3 4 4 12 4 4 4 13 4 4 5 14 4 5 5 15 5 5 5 16 5 5 6 17 5 6 6 18 6 6 6

The trustees shall enter on their records the determination so made. The trustees shall serve their terms as determined at the organizational meeting, except that, in the case of trustees representing a municipality, those trustees shall serve an additional period until the next regular election of the municipality and, thereafter, those trustees' terms of office shall date from the time of each regular municipal election; and except that, in the case of trustees representing residents of unorganized territory, those trustees shall serve until an election to fill the vacancies caused by the expiration of their terms shall be called by the county commissioners. The commissioners shall call the election in the same manner provided for the initial election of trustees and cause that election to be held on a date as closely following the date upon which the terms expire.

The trustees shall organize by election from their own members a chair, a vice-chair, a treasurer and a clerk and choose, employ and fix the compensation of other necessary officers and agents who serve at their pleasure and they shall adopt a corporate seal. Prior to the election of the officers, each trustee must be sworn to the faithful performance of the trustee's duties. [RR 2021, c. 2, Pt. B, §298 (COR).]

At the first organizational meeting, the trustees shall determine the percentage of the watershed district's operating budget to which each participating water district shall contribute. Any contributions paid by a participating water district shall be recovered, with carrying costs, in the district's next rate case. The agreed upon contribution of a participating water district may not be changed during the fiscal year unless the participating water district approves the change. The percentage contribution of a participating water district may be reviewed and changed by the trustees at the end of the fiscal year. [PL 1989, c. 106, §7 (NEW).]

The trustees may from time to time adopt, establish and amend through bylaws consistent with the laws of the State and necessary for their own convenience and the proper management of the affairs of the district and perform any other acts within the powers delegated to them by law. [PL 1987, c. 711 (NEW).]

After the original organizational meeting, the trustees shall meet annually at a time determined by their bylaws for the purpose of electing from among the members a chair, vice-chair, treasurer and clerk to serve until the next annual election and until their successors are elected and qualified. The treasurer shall furnish bond in such sum and with such sureties as the trustees approve, the cost of the bond to be paid by the district. The chair, vice-chair, treasurer and clerk may receive compensation for serving in these capacities as the trustees determine. This compensation is in addition to the compensation payable to them as trustees. The trustees shall make and publish an annual report including a report of the treasurer. [RR 2021, c. 2, Pt. B, §299 (COR).]

At the expiration of the terms, the vacancy shall be filled for a term of 3 years and the trustees shall notify the municipal officers of the municipalities within the watershed district before the annual town meeting or before the regular city election if a city falls within the watershed district; or, in the case of unorganized territory, the trustees shall notify the commissioners of the county in which the unorganized territory, encompassed by the watershed district, is located of the fact that a vacancy will occur so that the municipal officers in these municipalities or the county commissioners may provide for the election of a trustee or trustees to fill the vacancy that will occur. All trustees shall serve until their successors are elected and qualified. The trustees shall receive compensation as recommended by them and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the district, including compensation for any duties they perform as officers as well as for their duties as trustees. Certification thereof shall be recorded with the Secretary of State and recorded in the bylaws. Their compensation for duties as trustees shall be based on the amount specified in the bylaws, each meeting actually attended and reimbursement for travel and expenses, with the total not to exceed the amount specified in the bylaws. Compensation schedules in effect on January 1, 1988 shall continue in effect until changed. [PL 1987, c. 711 (NEW).]

When a vacancy on the board of trustees occurs by reason of death, resignation or otherwise, the municipal officers of the municipality that the trustee represented shall fill the vacancy by electing a trustee from the municipality to serve until the municipality shall fill the vacancy at its next annual town meeting or next regular city election. In the case of a vacancy in the office of a trustee representing unorganized territory, the commissioners of the county in which the unorganized territory is located shall fill the vacancy by electing a trustee from the unorganized territory and resident within the boundaries of the watershed district until the next election of trustees is held. The person so chosen shall serve until a successor is elected and qualified. If any member of the board of trustees moves from the municipality represented, or, in the case of a trustee representing unorganized territory, if that trustee moves outside the boundaries of the watershed district, a vacancy shall be declared to exist by the board of trustees and the municipal officers or the county commissioners shall choose another trustee as provided. [PL 1987, c. 711 (NEW).]

No member of the board of trustees may be employed for compensation or in any other capacity by the watershed district of which the member is a trustee, except as otherwise provided. [PL 1987, c. 711 (NEW).]
38 M.R.S. § 815 — ME Code / Title 38 / Chapter 5 / Section 815
38 §815. Short title
Status: in_force

This article shall be known and may be cited as the "Maine Dam Registration, Abandonment and Water Level Act." [PL 1989, c. 545, §3 (AMD).]
38 M.R.S. § 1052 — ME Code / Title 38 / Chapter 10 / Section 1052
38 §1052. Authorized to receive government aid, borrow money and issue bonds and notes
Status: in_force

A standard district is authorized to receive government aid, borrow money and issue bonds and notes in accordance with this section. [PL 2013, c. 555, §6 (NEW).]

1. Authorization of bonds. A standard district may provide by resolution of its board of trustees, without district vote, for the borrowing of money and the issuance from time to time of bonds for any of its corporate purposes, including, but not limited to: A. Paying and refunding its indebtedness; [PL 2013, c. 555, §6 (NEW).] B. Paying any necessary expenses and liabilities incurred under this chapter, including organizational and other necessary expenses and liabilities, whether incurred by the standard district or any municipality within the standard district or any person residing in unorganized territory encompassed by the standard district. The standard district may reimburse any municipality within the standard district or any person residing in unorganized territory encompassed by the standard district for any expenses incurred or paid by the municipality or person; [PL 2013, c. 555, §6 (NEW).] C. Paying costs directly or indirectly associated with acquiring properties, paying damages, laying sewers, drains and conduits, constructing, maintaining and operating sewage and treatment plants or systems and making renewals, additions, extensions and improvements to the same and to cover interest payments during the period of construction and for any period after construction as the trustees may determine; [PL 2013, c. 555, §6 (NEW).] D. Providing reserves for debt service, repairs and replacements or other capital or current expenses as may be required by a trust agreement or resolution securing bonds; and [PL 2013, c. 555, §6 (NEW).] E. Any combination of these purposes. [PL 2013, c. 555, §6 (NEW).] Bonds may be issued under this section as general obligations of the standard district or as special obligations payable solely from particular funds. The principal of, premium, if any, and interest on all bonds are payable solely from the funds provided for that purpose from revenues. For purposes of this section, "revenues" means and includes the proceeds of bonds, all revenues, rates, fees, entrance charges, assessments, rents and other receipts derived by the standard district from the operation of its sewer system and other properties, including, but not limited to, investment earnings and the proceeds of insurance, condemnation, sale or other disposition of properties. All bonds issued by a standard district under this section are legal obligations of the standard district, and a standard district whose charter includes this section is declared to be a quasi-municipal corporation within the meaning of Title 30‑A, section 5701 . Bonds may be issued under this section without obtaining the consent of any commission, board, bureau or agency of the State or of any municipality encompassed by the district and without any other proceedings or the happening of other conditions other than those proceedings or conditions that are specifically required by the standard district's charter or other applicable law. Bonds issued under this section do not constitute a debt or liability of the State or of any municipality encompassed by the standard district or a pledge of the faith and credit of the State or any such municipality, but the bonds are payable solely from the funds provided for that purpose, and a statement to that effect must be recited on the face of the bonds. [PL 2013, c. 555, §6 (NEW).]

2. Notes. A standard district may provide by resolution of its trustees, without district vote, for the issuance from time to time of notes in anticipation of bonds authorized under this section and of notes in anticipation of the revenues to be collected or received in any year or in anticipation of the receipt of federal or state grants or other aid. The issue of these notes is governed by the applicable provisions of this chapter relating to the issue of bonds, except that notes in anticipation of revenue must mature no later than one year from their respective dates and notes issued in anticipation of federal or state grants or other aid and renewals of grants or aids must mature no later than the expected date of receipt of those grants or aid. Notes in anticipation of revenue issued to mature less than one year from their dates may be renewed from time to time by the issue of other notes, except that the period from the date of an original note to the maturity of any note issued to renew or pay the original note or the interest on a note may not exceed one year. A standard district is authorized and empowered to enter into agreements with the State or the United States, or any agency of either, or any municipality, corporation, commission or board authorized to grant or loan money to or otherwise assist in the financing of projects of the type that that district is authorized to carry out and to accept grants and borrow money from any government, agency, municipality, corporation, commission or board as may be necessary or desirable to accomplish the purposes of the standard district. [PL 2013, c. 555, §6 (NEW).]

3. Maturity; interest; form; temporary bonds. The bonds issued under this section must be dated, must mature at such time or times not exceeding 40 years from their date or dates and must bear interest at such rate or rates as may be determined by the trustees, and may be made redeemable before maturity, at the option of the standard district, at the price or prices and under the terms and conditions as fixed by the trustees prior to the issuance of the bonds. The trustees shall determine the form of the bonds, including any interest coupons to be attached to the bonds, and the manner of execution of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company inside or outside the State. Bonds must be executed in the name of the standard district by the manual or facsimile signature of the officer or officers as authorized in the resolution to execute the bonds, but at least one signature on each bond must be a manual signature. Coupons, if any, attached to the bonds must be executed with the facsimile signature of the officer or officers of the standard district designated in the resolution. In case any officer, whose signature or a facsimile of whose signature appears on any bonds or coupons, ceases to be such officer before the delivery of the bonds, the signature or its facsimile is valid and sufficient for all purposes as if the officer had remained in office until the delivery. Notwithstanding any of the other provisions of this chapter or any recitals in any bonds issued under this section, all bonds issued under this section are negotiable instruments under the laws of this State. The bonds may be issued in coupon or registered form, or both, as the trustees may determine, and provision may be made for the registration of any coupon bonds as to principal alone and as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The trustees may sell bonds, either at public or private sale and for the price as they determine to be for the best interests of the standard district. The proceeds of the bonds of each issue must be used solely for the purpose for which those bonds have been authorized and must be disbursed in the manner and under the restrictions, if any, that the trustees provide, in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. The resolution providing for the issuance of bonds and any trust agreement securing the bonds may contain limitations upon the issuance of additional bonds as the trustees determine proper, and these additional bonds must be issued under such restrictions and limitations prescribed by that resolution or trust agreement. Prior to the preparation of definitive bonds, the trustees may, under the same restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds are executed and are available for delivery. The trustees may provide for the replacement of any bond that is mutilated, destroyed or lost. [PL 2013, c. 555, §6 (NEW).]

4. Pledges and covenants; trust agreement. In the discretion of the trustees of a standard district, each or any issue of bonds may be secured by a trust agreement by and between the standard district and a corporate trustee, which may be any trust company located within or outside the State. A. The resolution authorizing the issuance of the bonds or the trust agreement may pledge or assign, in whole or in part, the revenues and other money held or to be received by the standard district and any accounts and contract or other rights to receive the revenues of the money, whether then existing or coming into existence and whether then held or acquired by the standard district, and the proceeds of the revenues or the money, but may not convey or mortgage the sewer system or any other properties of the standard district. The resolution may also contain provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper and not in violation of law, including, but not limited to, covenants setting forth the duties of the standard district and the trustees in relation to the acquisition, construction, reconstruction, improvement, repair, maintenance, operation and insurance of its sewer system or any of its other properties, the fixing and revising of rates, fees and charges, the application of the proceeds of bonds, the custody, safeguarding and application of revenues, defining defaults and providing for remedies in the event of defaults that may include the acceleration of maturities, the establishment of reserves and the making and amending of contracts. The resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition, the resolution or trust agreement may contain such other provisions as the trustees determine reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the resolution or trust agreement may be treated as a part of the cost of operation. The pledge by any resolution or trust agreement is valid and binding and is deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made. All revenues, money, rights and proceeds so pledged and received by the standard district are immediately subject to the lien of the pledge without any physical delivery or segregation of the revenues and proceeds or further action under the Uniform Commercial Code or otherwise, and the lien of the pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the standard district irrespective of whether those parties have notice of the lien. [PL 2013, c. 555, §6 (NEW).] B. The resolution authorizing the issuance of bonds under this section or any trust agreement securing those bonds may provide that all or a sufficient amount of revenues, after providing for the payment of the cost of repair, maintenance and operation and reserves as may be provided in the resolution or trust agreement, must be set aside at regular intervals as provided in the resolution or trust agreement and deposited in a fund for the payment of the interest on and the principal of bonds issued under this section as the interest and principle become due and for the redemption price or purchase price of bonds retired by call or purchase. The use and disposition of money of the fund are subject to any regulations provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds and, except as may otherwise be provided in the resolution or trust agreement, the fund must be a fund for the benefit of all bonds without distinction or priority of one over another. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

5. Trust funds. Notwithstanding any other law, all funds received pursuant to the authority of a standard district's charter are trust funds, to be held and applied solely as provided in the charter of the standard district. The resolution authorizing the issuance of bonds or the trust agreement securing the bonds must provide that any officer to whom, or bank, trust company or other fiscal agent to which, the funds are paid must act as trustee of the funds and must hold and apply the funds for the purposes of the standard district in accordance with its charter, subject to any regulations as may be provided in the resolution or trust agreement or as may be required by the charter of the standard district. [PL 2013, c. 555, §6 (NEW).]

6. Remedies. A holder of bonds issued under this section or of any of the coupons appertaining to the bonds, and the trustee under a trust agreement, except to the extent the rights given may be restricted by the resolution authorizing the issuance of those bonds or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, including proceedings for the appointment of a receiver to take possession and control of the properties of the standard district, protect and enforce all rights under the laws of the State, including this section, or under the resolution or trust agreement. A holder of bonds issued under this section or of any of the coupons appertaining to the bonds and the trustee under a trust agreement may enforce and compel the performance of all duties required by the standard district charter or by the resolution or trust agreement to be performed by the standard district or by any officer of the standard district, including the fixing, charging and collecting of rates, fees and charges for the use of or for the services and facilities furnished by the standard district. [PL 2013, c. 555, §6 (NEW).]

7. Refunding bonds. A standard district by resolution of its board of trustees, without district vote, may issue refunding bonds for the purpose of paying any of its bonds at maturity or upon acceleration or redemption. The refunding bonds may be issued at a time prior to the maturity or redemption of the refunded bonds that the board of trustees determines to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded and any reserves for debt service or other capital or current expenses from the proceeds of the refunding bonds that may be required by a trust agreement or resolution securing bonds. The issue of refunding bonds, the maturities and other details of those bonds, the security for those bonds, the rights of the holders and the rights, duties and obligations of the standard district in respect to those bonds are governed by the applicable provisions of the standard district charter relating to the issue of bonds other than refunding bonds. [PL 2013, c. 555, §6 (NEW).]

8. Tax exemption. All bonds, notes or other evidences of indebtedness issued under the standard district's charter and the transfer of and the income from those bonds, notes or other evidences of indebtedness, including any profit made on the sale, are exempt from taxation in the State. [PL 2013, c. 555, §6 (NEW).]

9. Bonds declared legal investments. Bonds and notes issued by a standard district under this section are securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business, and all other persons authorized to invest in bonds or other obligations of the State may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are securities that may properly and legally be deposited with and received by any state, municipal or public officer, or any agency or political subdivision of the State, for any purpose for which the deposit of bonds or other obligations of the State is authorized by law. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 2138 — ME Code / Title 38 / Chapter 24 / Section 2138
38 §2138. Office paper recycling program
Status: in_force

1. Office paper recycling mandated. Any person employing 15 or more people at a site within the State shall implement an office paper and corrugated cardboard recycling program. A. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] B. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] C. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] The department may provide technical and marketing assistance and direction to entities within the State to assist with meeting this requirement. Municipalities and regional associations may assist employers in attaining the objectives of this section. [PL 2011, c. 655, Pt. GG, §36 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Office paper. For the purposes of this section, "office paper" includes, but is not limited to, ledger, computer and bond paper. [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Certification of tax credit. [PL 2011, c. 548, §34 (RP).]

4. Technical and financial assistance programs. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

5. Industrial waste reduction. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

6. Beneficial use of office paper. [PL 1995, c. 465, Pt. A, §56 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 2221 — ME Code / Title 38 / Chapter 24 / Section 2221
38 §2221. Capital reserve funds; obligation of State
Status: in_force

1. Capital reserve fund. The agency may create and establish one or more capital reserve funds and may pay into any such capital reserve fund any money appropriated and made available by the State for the purposes of any such fund, any proceeds of sale by the agency of revenue obligation securities to the extent determined by the agency and any other money available to the agency. For purposes of this section, the amount of any letter of credit, insurance contract, surety bond, indemnification agreement or similar financial undertaking available to be drawn on and applied to obligations to which money in any such fund may be applied shall be deemed to be and counted as money in the capital reserve fund. [PL 1989, c. 585, Pt. A, §7 (NEW).]

2. Application. Money in any capital reserve fund created pursuant to subsection 1 , except as provided in this section, shall be used solely with respect to revenue obligation securities or mortgage loans, repayment of which is secured by any such fund and solely for the payment of principal, accrued interest and costs and expenses chargeable to the mortgage loan or securities, the purchase or redemption of the securities, including any fees or premiums or the payment of interest on the securities. Money in excess of the reserve requirement set forth in subsection 3 may be transferred to other funds and accounts of the agency. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Reserve requirement. The agency may provide that money in any such fund shall not be withdrawn at any time in an amount which would reduce the amount of any such fund to less than the maximum amount of principal and interest becoming due and payable under any applicable trust agreement or other agreement in the next succeeding 12-month period, the amount being referred to as the capital reserve requirement, except for the purpose of paying the amount due and payable with respect to revenue obligation securities or mortgage loans, repayment of which is secured by any such fund. [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Issuance limit. The agency may provide that it shall not issue revenue obligation securities if the capital reserve requirement with respect to securities outstanding and then to be issued and secured by any such fund will exceed the amount of any such fund, including the amount available to be drawn on any letter of credit given to secure the capital reserve requirement, at the time of issuance, unless the agency, at the time of issuance of the securities, shall deposit in any such fund from proceeds of the securities to be issued, or from other sources, an amount which, together with the amounts then in any such fund and amounts available to be drawn under any letter of credit, will not be less than the capital reserve requirement. [PL 1989, c. 585, Pt. A, §7 (NEW).]

5. Security for mortgage loans. With respect to any mortgage loans which may be secured under this article, the agency may provide that such mortgage loans shall be secured by one or more capital reserve funds established pursuant to subsection 1 . Any commitment with respect to a mortgage loan executed and delivered pursuant to this section shall be conclusive evidence of the eligibility of the mortgage loan for capital reserve fund security and the validity of any such commitment or contract shall be incontestable in the hands of a mortgage lender except for fraud or misrepresentation on the part of the mortgage lender. Mortgages secured by capital reserve funds under this section are made legal investments for all insurance companies, trust companies, banks, investment companies, savings banks, savings and loan associations, executors, trustees and other fiduciaries, public and private pension or retirement funds and other persons. [PL 1989, c. 585, Pt. A, §7 (NEW).]

6. Appropriation. On or before December 1st, annually, the agency shall certify to the Governor the amount, if any, necessary to restore the amount in any capital reserve fund, to which this subsection is stated in any written agreement, the trust agreement or other document to apply, to the capital reserve requirement. The Governor shall pay directly from the State Contingent Account to any such fund as much of the amount as is available in that account, as determined by the Governor, and shall transmit directly to the Legislature certification and a statement of the amount, if any, remaining to be paid. The certified amount shall be appropriated and paid to the agency during the current state fiscal year. [PL 1989, c. 585, Pt. A, §7 (NEW).]

7. Obligations and securities outstanding. The agency may not have at any one time outstanding obligations or revenue obligation securities to which subsection 6 is stated in any agreement or the trust agreement or other document to apply in principal amount exceeding an amount equal to $50,000,000. This subsection constitutes specific legislative approval to issue up to $50,000,000 in tax-exempt revenue obligation securities. The amount of revenue obligation securities issued to refund securities previously issued may not be taken into account in determining the principal amount of securities outstanding, provided that proceeds of the refunding securities are applied as promptly as possible to the refunding of the previously issued securities. In computing the total amount of revenue obligation securities of the agency that may at any time be outstanding for any purpose, the amount of the outstanding revenue obligation securities that have been issued as capital appreciation bonds or as similar instruments shall be valued as of any date of calculation at their then current accreted value rather than their face value. [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 869, Pt. A, §17 (AMD).]
38 M.R.S. § 2009 — ME Code / Title 38 / Chapter 23 / Section 2009
38 §2009. Exemption
Status: in_force

The property, both real and personal, rights and franchises of any watershed district formed under this chapter and held within the boundaries of the district is forever exempt from taxation. [PL 1987, c. 711 (NEW).]
38 M.R.S. § 1303-C — ME Code / Title 38 / Chapter 13 / Section 1303-C
38 §1303-C. Definitions
Status: in_force

As used in this chapter or in chapter 24 , unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 878, Pt. H, §7 (AMD).]

1. Agency. [PL 1995, c. 656, Pt. A, §19 (RP).]

1-A. Biomedical waste. "Biomedical waste" means waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment. [PL 1989, c. 869, Pt. A, §3 (NEW); PL 1989, c. 869, Pt. A, §21 (AFF).]

1-B. Bypass. [PL 2005, c. 612, §1 (NEW); MRSA T. 38 §1303-C, sub-§1-B (RP).]

1-C. Bypass. "Bypass" means any solid waste that is destined for disposal, processing or beneficial use at an operating solid waste facility but that cannot be disposed of, processed or beneficially used at that facility because of the facility's temporary malfunction, temporary insufficient capacity, temporary inability to process or burn or temporary downtime. For the purposes of this subsection, "operating solid waste facility" means a licensed solid waste facility that is fully operational at the time that the malfunction, insufficient capacity, inability to process or burn or downtime begins and that intends to resume full operation at the time that the malfunction, insufficient capacity, inability to process or burn or downtime ends. [PL 2019, c. 291, Pt. A, §1 (AMD).]

2. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §225 (RP).]

2-A. Class I liquid. "Class I liquid" means any liquid having a flash point below 100° Fahrenheit. [PL 1995, c. 573, §1 (NEW).]

2-B. Class II liquid. "Class II liquid" means any liquid having a flash point at or above 100° Fahrenheit and below 140° Fahrenheit. [PL 1995, c. 573, §1 (NEW).]

2-C. Chemical plastic processing. "Chemical plastic processing" means the processing of plastic waste using chemical or molecular methods into basic raw materials, feedstock chemicals, fuel for combustion, waxes or lubricants. "Chemical plastic processing" does not include plastic-to-plastic recycling. [PL 2023, c. 517, §1 (NEW).]

3. Closing reserve fund. "Closing reserve fund" means a fund created for the purpose of financing the closing and maintenance after closing of a waste facility. [PL 1989, c. 585, Pt. E, §4 (NEW).]

4. Commercial hazardous waste facility. "Commercial hazardous waste facility" means: A. A waste facility that handles hazardous wastes generated off the site of the facility; or [PL 1989, c. 585, Pt. E, §4 (NEW).] B. A facility that, in the handling of a waste generated off the site, generates hazardous waste. [PL 1989, c. 585, Pt. E, §4 (NEW).] [PL 1989, c. 585, Pt. E, §4 (NEW).]

5. Commercial landfill facility. "Commercial landfill facility" means a commercial solid waste facility that is used for the burial of solid waste. [PL 1989, c. 585, Pt. E, §4 (NEW).]

6. Commercial solid waste disposal facility. "Commercial solid waste disposal facility" means a solid waste disposal facility except as follows: A. [PL 2007, c. 338, §2 (RP); PL 2007, c. 338, §5 (AFF).] A-1. [PL 2005, c. 612, §2 (NEW); MRSA T. 38 §1303-C, sub-§6, ¶A-1 (RP).] A-2. A solid waste facility that is owned by a public waste disposal corporation under section 1304‑B, subsection 5 : (1) As long as the public waste disposal corporation controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility; and (2) If the facility is a solid waste landfill, the facility accepts only waste generated within the State unless the commissioner finds that the acceptance of waste that is not waste generated within the State provides a substantial public benefit pursuant to section 1310‑AA, subsection 1‑A ; [PL 2019, c. 619, §1 (AMD).] B. [PL 2007, c. 338, §2 (RP); PL 2007, c. 338, §5 (AFF).] B-1. [PL 2005, c. 612, §2 (NEW); MRSA T. 38 §1303-C, sub-§6, ¶B-1 (RP).] B-2. A solid waste facility that is owned by a municipality under section 1305 : (1) As long as the municipality controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility; and (2) If the facility is a solid waste landfill, the facility accepts only waste generated within the State unless: (a) The commissioner finds that the acceptance of waste that is not waste generated within the State provides a substantial public benefit pursuant to section 1310‑AA, subsection 1‑A ; and (b) Acceptance of waste that is not waste generated within the State is approved by a majority of the voters of the municipality by referendum election; [PL 2019, c. 619, §1 (AMD).] C. [PL 2007, c. 338, §2 (RP); PL 2007, c. 338, §5 (AFF).] C-1. [PL 2005, c. 612, §2 (NEW); MRSA T. 38 §1303-C, sub-§6, ¶C-1 (RP).] C-2. A solid waste facility that is owned by a refuse disposal district under chapter 17 : (1) As long as the refuse disposal district controls the decisions regarding the type and source of waste that is accepted, handled, treated and disposed of at the facility; and (2) If the facility is a solid waste landfill, the facility accepts only waste generated within the State unless the commissioner finds that the acceptance of waste that is not waste generated within the State provides a substantial public benefit pursuant to section 1310‑AA, subsection 1‑A ; [PL 2019, c. 619, §1 (AMD).] D. Beginning January 1, 2007, a solid waste facility owned and controlled by the Department of Administrative and Financial Services, Bureau of General Services under chapter 24 ; [PL 2011, c. 655, Pt. GG, §7 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] D-1. [PL 2005, c. 612, §2 (NEW); MRSA T. 38 §1303-C, sub-§6, ¶D-1 (RP).] E. A solid waste facility owned and controlled by a single entity that: (1) Generates at least 85% of the solid waste disposed of at a facility, except that the facility may accept from other sources, on a nonprofit basis, an amount of solid waste that is no more than 15% of all solid waste accepted on an annual basis; or (2) Is an owner of a manufacturing facility that has, since January 1, 2006, generated at least 85% of the solid waste disposed of at the solid waste facility, except that one or more integrated industrial processes of the manufacturing facility are no longer in common ownership, and those integrated industrial processes will continue to generate waste that will continue to be disposed of at the solid waste facility. This exemption only applies if the source and type of waste disposed of at the solid waste facility remains the same as that previously disposed of by the single entity. For the purposes of this paragraph, "single entity" means an individual, partnership, corporation or limited liability corporation that is not engaged primarily in the business of treating or disposing of solid waste or special waste. This paragraph does not apply if an individual partner, shareholder, member or other ownership interest in the single entity disposes of waste in the solid waste facility. A waste facility receiving ash resulting from the combustion of municipal solid waste or refuse-derived fuel is not exempt from this subsection solely by operation of this paragraph. For purposes of this paragraph, "integrated industrial processes" means manufacturing processes, equipment or components, including, but not limited to, energy generating facilities, that when used in combination produce one or more manufactured products for sale; or [PL 2011, c. 206, §20 (RPR).] F. A private corporation that accepts material-separated, refuse-derived fuel as a supplemental fuel and does not burn waste other than its own. [PL 1999, c. 525, §1 (NEW).] [PL 2019, c. 619, §1 (AMD).]

7. Commercial waste facility. [PL 1999, c. 525, §2 (RP).]

8. Construction and demolition debris. "Construction and demolition debris" means debris resulting from construction, remodeling, repair, and demolition of structures. It excludes asbestos and other special wastes. [PL 1989, c. 585, Pt. E, §4 (NEW).]

9. Contingency reserve fund. "Contingency reserve fund" means a fund maintained for the purpose of meeting unexpected contingencies in the operation of a waste facility. [PL 1989, c. 585, Pt. E, §4 (NEW).]

10. Conveyance. "Conveyance" means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. [PL 1989, c. 585, Pt. E, §4 (NEW).]

11. Department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §225 (RP).]

12. Disposal. "Disposal" means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. [PL 1993, c. 732, Pt. A, §7 (AMD).]

13. Generation. "Generation" means the act or process of producing hazardous, biomedical or solid waste, waste oil, sludge or septage. [PL 1991, c. 72, §1 (AMD).]

13-A. Generator. [PL 1991, c. 520, §4 (RP).]

14. Handle. "Handle" means to store, transfer, collect, separate, salvage, process, recycle, reduce, recover, incinerate, dispose of or treat. [PL 1989, c. 585, Pt. E, §4 (NEW).]

15. Hazardous waste. "Hazardous waste" means a waste substance or material, in any physical state, designated as hazardous by the board under section 1319‑O . It does not include waste resulting from normal household or agricultural activities. The fact that a hazardous waste or part or constituent may have value or other use or may be sold or exchanged does not exclude it from this definition. [PL 1989, c. 585, Pt. E, §4 (NEW).]

15-A. Hazardous waste incinerator. "Hazardous waste incinerator" means an enclosed device using controlled flame combustion to thermally break down hazardous waste. [PL 1989, c. 794, §2 (NEW).]

15-B. Host community. "Host community" means any town, township or city that is the geographic site of a solid waste disposal facility or any immediately contiguous town, township or city if such town, township or city can demonstrate to the department that it incurs a direct financial impact related to any necessary development or maintenance of infrastructure or to any necessary provision of services as a result of the location or operation of that solid waste disposal facility. [PL 2007, c. 406, §1 (NEW).]

16. Incineration facility. "Incineration facility" means a facility where municipal solid waste or refuse-derived fuel is disposed of through combustion, including combustion for the generation of heat, steam or electricity. [PL 1989, c. 585, Pt. E, §4 (NEW).]

17. Inert fill. "Inert fill" means clean soil material, rocks, bricks, and cured concrete, which are not mixed with other waste, and which are not derived from an ore mining activity. [PL 1989, c. 585, Pt. E, §4 (NEW).]

18. Land clearing debris. "Land clearing debris" means solid wastes resulting from the clearing of land and consisting solely of brush, stumps, soil material and rocks. [PL 1989, c. 585, Pt. E, §4 (NEW).]

19. Manifest. "Manifest" means the form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport. [PL 1989, c. 585, Pt. E, §4 (NEW).]

19-A. Material-separated, refuse-derived fuel. "Material-separated, refuse-derived fuel" means a binder-enhanced, pelletized, solid fuel product made from the combustible fraction of a municipal solid waste stream that has been processed to remove the recyclable material before combustion. The product may not contain more than 6% by weight of plastic, metal, glass or food waste. In addition, the production of material-separated, refuse-derived fuel may not exceed 40% by weight of the total municipal solid waste stream from which it was derived. [PL 1991, c. 220, §9 (NEW).]

19-B. Primary sand and gravel recharge area. "Primary sand and gravel recharge area" has the same meaning as in section 562‑A, subsection 16‑B . [PL 1993, c. 383, §33 (NEW).]

19-C. Office. [PL 2011, c. 655, Pt. GG, §8 (RP); PL 2011, c. 655, Pt. GG, §70 (AFF).]

19-D. Plastic. "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create a polymer chain, including material derived from either petroleum or a biologically based polymer, such as corn or other plant sources. [PL 2023, c. 517, §2 (NEW).]

19-E. Plastic-to-plastic recycling. "Plastic-to-plastic recycling" means the production from plastic waste of new plastic material, designed to be used as industrial feedstock in place of raw material for the manufacture of new products made of or containing plastic, by processing the plastic waste in a manner that, in producing the new plastic material: A. Retains the chemical structure of the plastic waste; or [PL 2023, c. 517, §3 (NEW).] B. Deconstructs the plastic waste into molecular precursors or intermediates and then reconstitutes the precursors or intermediates into plastic polymers using methods that result exclusively in the production of new plastic material. [PL 2023, c. 517, §3 (NEW).] "Plastic-to-plastic recycling" does not include chemical plastic processing. [PL 2023, c. 517, §3 (NEW).]

19-F. Perfluoroalkyl and polyfluoroalkyl substances. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 1614, subsection 1, paragraph F . [PL 2025, c. 172, §2 (NEW).]

20. Recyclable. "Recyclable" means possessing physical and economic characteristics that allow a material to be recycled. [PL 1989, c. 585, Pt. E, §4 (NEW).]

21. Recycle. "Recycle" means to recover, separate, collect and reprocess waste materials for sale or reuse other than use as a fuel for the generation of heat, steam or electricity. [RR 1993, c. 1, §131 (COR).]

22. Recycling. "Recycling" means the collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation and treatment of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for the generation of electricity. [PL 1989, c. 585, Pt. E, §4 (NEW).]

22-A. Recycling facility. "Recycling facility" means a facility engaged exclusively in the recycling of materials. [PL 2019, c. 619, §2 (NEW).]

23. Refuse-derived fuel. "Refuse-derived fuel" means municipal solid waste which has been processed prior to combustion to increase the heat input value of the waste. [PL 1989, c. 585, Pt. E, §4 (NEW).]

24. Regional association. "Regional association" means 2 or more municipalities that have formed a relationship to manage the solid waste generated within the participating municipalities and for which those municipalities are responsible. The relationship must be formed by one or more of the following methods: A. Creation of a refuse disposal district under chapter 17 ; [PL 1989, c. 869, Pt. A, §5 (NEW).] B. Creation of a nonprofit corporation that consists exclusively of municipalities and is organized under Title 13, chapter 81 or Title 13‑B , for the purpose, among other permissible purposes, of owning, constructing or operating a solid waste disposal facility, including a public waste disposal corporation under section 1304‑B , or whose members contract for the disposal of solid waste with a solid waste disposal facility, including, but not limited to, a qualifying facility as defined in Title 35‑A, section 3303 ; [PL 1997, c. 602, §1 (AMD); PL 1997, c. 602, §3 (AFF).] C. Creation of a joint exercise of powers agreement under Title 30‑A, chapter 115 ; or [PL 1989, c. 869, Pt. A, §5 (NEW).] D. Contractual commitment. [PL 1989, c. 869, Pt. A, §5 (NEW).] For the purposes of this chapter, a regional association and the entities described in paragraphs B and C may include counties and quasi-municipal corporations as members provided the counties or quasi-municipal corporations, when acting by themselves within their own jurisdictions, are capable of exercising all of the powers of the regional association. [PL 1997, c. 602, §1 (AMD); PL 1997, c. 602, §3 (AFF).]

25. Residue. "Residue" means waste remaining after the handling, processing, incineration or recycling of solid waste including, without limitation, front end waste and ash from incineration facilities. [PL 1989, c. 869, Pt. A, §5 (AMD).]

25-A. Responsible party. For the purposes of subchapter II‑A only, "responsible party" means any or all of the following persons: A. The owner or operator of an uncontrolled tire stockpile; and [PL 1991, c. 517, Pt. A, §1 (NEW).] B. Any person who owned or operated an uncontrolled tire stockpile from the time any tire arrived at that stockpile. [PL 1991, c. 517, Pt. A, §1 (NEW).] [PL 1991, c. 517, Pt. A, §1 (NEW).]

26. Resource recovery. For the purposes of section 1304‑B only, "resource recovery" means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes. [PL 1989, c. 585, Pt. E, §4 (NEW).]

27. Septage. "Septage" means waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities. [PL 1989, c. 585, Pt. E, §4 (NEW).]

27-A. Significant ground water aquifer. "Significant ground water aquifer" has the same meaning as in section 562‑A, subsection 19‑A . [PL 1993, c. 383, §34 (NEW).]

28. Site. "Site" means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way that that person controls and to which the public does not have access is also considered site property. [RR 2021, c. 2, Pt. B, §281 (COR).]

28-A. Sludge. "Sludge" means nonhazardous solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or wet process air pollution control facility or any other waste having similar characteristics and effect. The term does not include industrial discharges that are point sources subject to permits under the federal Clean Water Act, 33 United States Code, Section 1342 (1999). [PL 1999, c. 393, §1 (NEW).]

29. Solid waste. "Solid waste" means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. The fact that a solid waste or constituent of the waste may have value or other use or may be sold or exchanged does not exclude it from this definition. [PL 2001, c. 247, §1 (AMD).]

30. Solid waste disposal facility. "Solid waste disposal facility" means a solid waste facility for the incineration or landfilling of solid waste or refuse-derived fuel. Facilities that burn material-separated, refuse-derived fuel, either alone or in combination with fuels other than municipal solid waste or refuse-derived fuels, are not solid waste disposal facilities. A. [PL 1989, c. 869, Pt. A, §5 (RP).] B. [PL 1989, c. 869, Pt. A, §5 (RP).] [PL 1991, c. 220, §10 (AMD).]

31. Solid waste facility. "Solid waste facility" means a waste facility used for the handling of solid waste, except that the following facilities are not included: A. A waste facility that employs controlled combustion to dispose of waste generated exclusively by an institutional, commercial or industrial establishment that owns the facility; [PL 1991, c. 492, §1 (AMD).] B. Lime kilns; wood chip, bark and hogged fuel boilers; kraft recovery boilers and sulfite process recovery boilers, which combust solid waste generated exclusively at the facility; and [PL 1991, c. 492, §1 (AMD).] C. An industrial boiler that combusts mixed paper, corrugated cardboard or office paper to generate heat, steam or electricity if: (1) The mixed paper, corrugated cardboard or office paper would otherwise be placed in a landfill; (2) The market value of the mixed paper, corrugated cardboard or office paper as a raw material for the manufacture of a product with recycled content is less than its value to the facility owner as a fuel supplement; (3) The mixed paper, corrugated cardboard or office paper is combusted as a substitute for, or supplement to, fossil or biomass fuels that constitute the primary fuels combusted in the industrial boiler; and (4) The boiler combusts no other forms of solid waste except as provided in this subsection. [PL 1993, c. 378, §4 (AMD).] [PL 1993, c. 378, §4 (AMD).]

32. Solid waste landfill. "Solid waste landfill" means a waste disposal facility for the disposal of solid waste on or in land. This term does not include landspreading sites used in programs approved by the department. [PL 1989, c. 585, Pt. E, §4 (NEW).]

32-A. Solid waste processing facility. "Solid waste processing facility" means a land area, structure, equipment, machine, device, system or combination thereof, other than an incineration facility, that is operated to reduce the volume or change the chemical or physical characteristics of solid waste. "Solid waste processing facility" includes but is not limited to a facility that processes plastic waste through chemical plastic processing and a facility that employs shredding, baling, mechanical and magnetic separation or composting or other stabilization technique to reduce or otherwise change the nature of solid waste. [PL 2023, c. 517, §4 (AMD).]

33. Source separation. "Source separation" means the preparation of materials for recycling by separation from wastes at the point of generation. [PL 1989, c. 585, Pt. E, §4 (NEW).]

34. Special waste. "Special waste" means any solid waste generated by sources other than domestic and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures. Special waste includes, but is not limited to: A. Oil, coal, wood and multifuel boiler and incinerator ash; [PL 1989, c. 585, Pt. E, §4 (NEW).] B. Industrial and industrial process waste; [PL 1989, c. 585, Pt. E, §4 (NEW).] C. Waste water treatment plant sludge, paper mill sludge and other sludge waste; [PL 1989, c. 585, Pt. E, §4 (NEW).] D. Debris and residuals from nonhazardous chemical spills and cleanup of those spills; [PL 1989, c. 585, Pt. E, §4 (NEW).] E. Contaminated soils and dredge spoils; [PL 1989, c. 585, Pt. E, §4 (NEW).] F. Asbestos and asbestos-containing waste; [PL 1989, c. 585, Pt. E, §4 (NEW).] G. Sand blast grit and nonliquid paint waste; [PL 1989, c. 585, Pt. E, §4 (NEW).] H. [PL 1989, c. 869, Pt. A, §5 (RP); PL 1989, c. 869, Pt. A, §21 (AFF).] I. High and low pH waste; [PL 1989, c. 585, Pt. E, §4 (NEW).] J. Spent filter media and residue; and [PL 1989, c. 585, Pt. E, §4 (NEW).] K. Other waste designated by the board, by rule. [PL 1989, c. 585, Pt. E, §4 (NEW).] [PL 1989, c. 869, Pt. A, §5 (AMD); PL 1989, c. 869, Pt. A, §21 (AFF).]

35. State waste management and recycling plan. "State waste management and recycling plan" means the plan adopted by the former Maine Waste Management Agency pursuant to chapter 24, subchapter 2 , subsequent plans developed by the former State Planning Office pursuant to Title 5, former section 3305, subsection 1, paragraph N and the department pursuant to section 2122 and may also be referred to as "state plan." [PL 2011, c. 655, Pt. GG, §9 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

36. Storage. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. [PL 1989, c. 585, Pt. E, §4 (NEW).]

37. Substantially expand. "Substantially expand" means the expansion of an existing licensed hazardous waste facility by more than 25%, as measured by volume of waste or affected land area, from the date of its initial licensed operation. [PL 1989, c. 585, Pt. E, §4 (NEW).]

38. Transport. "Transport" means the movement of hazardous or solid waste, waste oil, sludge or septage from the point of generation to any intermediate points and finally to the point of ultimate disposition. Movement of hazardous waste on the site where it is generated or on the site of a licensed waste facility for hazardous waste is not "transport." Movement of waste oil on the site where it is generated or on the site of a licensed waste oil facility is not "transport." [PL 2021, c. 186, §7 (AMD).]

39. Treatment. "Treatment" means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. [PL 1995, c. 462, Pt. A, §76 (RPR); PL 1995, c. 462, Pt. A, §90 (AFF).]

39-A. Uncontrolled tire stockpile. "Uncontrolled tire stockpile" means an area or location, whether or not licensed, where used motor vehicle tires are or were handled, stored or disposed of in such a manner as to present a significant fire hazard or a threat to public health or to the quality of a classified body of surface water or a significant sand and gravel aquifer or fractured bedrock aquifer as defined in section 1310‑N, subsection 2‑A . [PL 1991, c. 517, Pt. A, §1 (NEW).]

39-B. Used oil. "Used oil" means waste oil, as defined in subsection 42 . [PL 1995, c. 573, §2 (NEW).]

39-C. Used oil collection center. "Used oil collection center" means a site or facility where used oil is accepted from the public and collected or stored in an aboveground tank for recycling. [PL 1995, c. 573, §2 (NEW).]

40. Waste facility. "Waste facility" means any land area, structure, location, equipment or combination of them, including dumps, used for handling hazardous, biomedical or solid waste, waste oil, sludge or septage. A land area or structure does not become a waste facility solely because: A. It is used by its owner for disposing of septage from the owner's residence; [PL 1989, c. 585, Pt. E, §4 (NEW).] B. It is used to store for 90 days or less hazardous wastes generated on the same premises; [PL 1989, c. 585, Pt. E, §4 (NEW).] C. It is used by individual homeowners or lessees to open burn leaves, brush, deadwood and tree cuttings accrued from normal maintenance of their residential property, when such burning is permitted under section 599, subsection 3; or [PL 1989, c. 585, Pt. E, §4 (NEW).] D. It is used by its residential owner to burn highly combustible domestic, household trash such as paper, cardboard cartons or wood boxes, when such burning is permitted under section 599, subsection 3. [PL 1989, c. 585, Pt. E, §4 (NEW).] [PL 1989, c. 869, Pt. A, §5 (AMD); PL 1989, c. 869, Pt. A, §21 (AFF).]

40-A. Waste generated within the State. "Waste generated within the State" means: A. Waste initially generated within the State; [PL 2019, c. 619, §3 (NEW).] B. Residue generated by an incineration facility or a recycling facility that is located within the State, regardless of whether the waste incinerated or processed by that facility was initially generated within the State or outside the State; [PL 2019, c. 619, §3 (NEW).] C. Residue generated by a solid waste processing facility that is located within the State, regardless of whether the waste processed by that facility was initially generated within the State or outside the State, as long as: (1) The residue is used at a solid waste landfill for daily cover, frost protection or other operational or engineering-related purpose, including, but not limited to, landfill shaping or grading, and such use has been approved by the department under the landfill's license and such use complies with all applicable rules of the department and all applicable conditions of the landfill's license; and (2) The use of the residue under subparagraph (1) complies with the requirements of section 1310‑N, subsection 5‑A, paragraph B , subparagraph (2); [PL 2019, c. 619, §3 (NEW).] D. Residue generated by a solid waste processing facility that is located within the State, regardless of whether the waste processed by that facility was initially generated within the State or outside the State, as long as: (1) The residue does not meet the requirements of paragraph C ; and (2) The residue is generated by the facility only as an ancillary result of the facility's processing operations; and [PL 2019, c. 619, §3 (NEW).] E. Residue generated by a solid waste processing facility that is located within the State, regardless of whether the waste processed by that facility was initially generated within the State or outside the State, as long as: (1) The residue does not meet the requirements of paragraph C or D ; (2) The residue is not considered recycled under section 1310‑N, subsection 5‑A, paragraph B , subparagraph (2) and is disposed of at a solid waste landfill; and (3) The solid waste processing facility is in compliance with the requirements of section 1310‑N, subsection 5‑A, paragraph B , subparagraph (2). [PL 2019, c. 619, §3 (NEW).] Beginning February 1, 2023, notwithstanding paragraphs B , C and E , if the total weight of the residue generated in a calendar year by an incineration facility, recycling facility or solid waste processing facility that is disposed of or otherwise placed in a solid waste landfill in that calendar year exceeds the total weight of the solid waste initially generated within the State that was incinerated or processed by that facility in that calendar year, any such excess residue generated by that facility is not considered waste generated within the State. [PL 2021, c. 626, §1 (AMD).]

41. Waste management. "Waste management" means purposeful, systematic and unified control of the handling and transportation of hazardous, biomedical or solid waste, waste oil, sludge or septage. [PL 1991, c. 72, §1 (AMD).]

42. Waste oil. "Waste oil" means a petroleum-based or synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. Waste oil that exhibits hazardous wastes characteristics, or has been contaminated with hazardous wastes in excess of quantities normally occurring in waste oil, is subject to the provisions of this chapter dealing with hazardous wastes. [PL 1999, c. 334, §10 (AMD).]

43. Waste oil dealer. [PL 2021, c. 186, §8 (RP).]

44. Waste reduction. "Waste reduction" means an action that reduces waste at the point of generation and may also be referred to as "source reduction." [PL 1989, c. 585, Pt. E, §4 (NEW).]

45. Waste resulting from agricultural activities. "Waste resulting from agricultural activities" means wastes that result from agricultural activities as defined in section 361‑A, subsection 1‑B and that are returned to the soils as fertilizers and includes waste pesticides when generated by a farmer in the farmer's own use, as long as the farmer triple rinses each emptied pesticide container in accordance with departmental rules and disposes of the pesticide residues in a manner consistent with the disposal instructions on the pesticide label. [RR 2021, c. 2, Pt. B, §282 (COR).]

46. Wood wastes. "Wood wastes" means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash and sawdust, which are not mixed with other waste. [PL 1989, c. 585, Pt. E, §4 (NEW).]

47. Yard wastes. "Yard wastes" means grass clippings, leaves and other vegetal matter other than wood wastes and land clearing debris. [PL 1991, c. 72, §2 (NEW).]
38 M.R.S. § 1701 — ME Code / Title 38 / Chapter 17 / Section 1701
38 §1701. Short title
Status: in_force

This chapter may be cited as the "Maine Refuse Disposal District Enabling Act." [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 851 — ME Code / Title 38 / Chapter 5 / Section 851
38 §851. Meeting of mill owners; call; object
Status: in_force

When an owner of a mill or of the dam necessary for working the mill thinks it necessary to rebuild or repair it in whole or in part, the owner may apply in writing to a notary public in the county where the mill is situated, or if partly in 2 counties, to a notary public in either, to call a meeting of the owners, stating the object, time and place of the meeting. The notary may issue a warrant for the purpose, directed to the owner, which must be published in some newspaper printed in the county, if any, 3 weeks successively, the last publication to be not less than 10 nor more than 30 days before the meeting; or a true copy of the warrant may be delivered to each of said owners or left at the owner's last known address; and either notice is binding on all the owners. [PL 1995, c. 227, §4 (AMD).]
38 M.R.S. § 2236 — ME Code / Title 38 / Chapter 24 / Section 2236
38 §2236. Limitation
Status: in_force

Nothing in this subchapter may be construed to create or expand any authority of the department over financial, organizational or rate regulation of incineration facilities. [PL 2011, c. 655, Pt. GG, §68 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1164 — ME Code / Title 38 / Chapter 11 / Section 1164
38 §1164. Investments
Status: in_force

A sanitary district may invest its funds, including sinking funds, reserve funds and trust funds in accordance with this section. This section is in addition to, and not in limitation of, any power of a sanitary district to invest its funds. [PL 2017, c. 151, §6 (AMD).]

1. Deposit or investment of funds. A sanitary district may invest all district funds, including reserve funds and trust funds, if the terms of the instrument, order or article creating the fund do not prohibit the investment, as follows: A. In accounts or deposits of institutions insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or the successors to these federal programs. (1) Accounts and deposits exceeding an amount equal to 25% of the capital, surplus and undivided profits of any trust company or national bank or a sum exceeding an amount equal to 25% of the reserve fund and undivided profit account of a mutual savings bank or state or federal savings and loan association on deposit at any one time must be secured by the pledge of certain securities as collateral or fully covered by insurance. (a) The collateral must be in an amount equal to the excess deposit. The trustees shall determine the value of the pledged securities on the basis of market value and shall review the value of the pledged securities on the first business day of January and July of each year. (b) The collateral may consist only of securities in corporate bond and Maine corporate bond. The securities must be held in a depository institution approved by the trustees and pledged to indemnify the sanitary district against any loss. The depository institution shall notify the trustees of the pledging when the securities are deposited; [PL 2017, c. 151, §6 (NEW).] B. In repurchase agreements with respect to obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 , as long as the market value of the underlying obligation is equal to or greater than the amount of the sanitary district’s investment and either the sanitary district’s security entitlement with respect to the underlying obligation is created pursuant to the provisions of Title 11, Article 8‑A and other applicable law or the sanitary district’s security interest is perfected pursuant to Title 11, Article 9‑A and other applicable law, except that, if the term of the repurchase agreement is not in excess of 96 hours, the sanitary district’s security interest with respect to the underlying obligation need not be perfected as long as an executed Public Securities Association form of master repurchase agreement is on file with the counterparty prior to the date of the transaction; [PL 2017, c. 151, §6 (NEW).] C. In the shares of an investment company registered under the United States Investment Company Act of 1940, Public Law 76-768, whose shares are registered under the United States Securities Act of 1933, Public Law 73-22, if the investments of the fund are limited to bonds and other direct obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 , or repurchase agreements secured by bonds and other direct obligations of the United States Government, as described in Title 30‑A, section 5712, subsection 1 ; or [PL 2017, c. 151, §6 (NEW).] D. The trustees may enter into an agreement with any financial institution with trust powers authorized to do business in the State for the safekeeping of the reserve funds, or trust funds, of the sanitary district. Services must consist of the safekeeping of the funds, collection of interest and dividends and any other fiscal service that is normally covered in a safekeeping agreement. Investment of reserve funds or trust funds deposited under a safekeeping agreement may be managed either by the financial institution with which the funds are deposited or by an investment advisor registered with the National Association of Securities Dealers, federal Securities and Exchange Commission or other governmental agency or instrumentality with jurisdiction over investment advisors, to act in such capacity pursuant to an investment advisory agreement providing for investment management and periodic review of portfolio investments. Investment of funds on behalf of the district under this paragraph is governed by the rule of prudence, according to Title 18‑B, sections 802 to 807 and Title 18‑B, chapter 9 . The contracting parties shall give assurance of proper safeguards that are usual to these contracts and shall furnish insurance protection satisfactory to both parties. [PL 2017, c. 151, §6 (NEW).] [PL 2017, c. 151, §6 (NEW).]

2. Government unit bonds. A sanitary district may invest in: A. The bonds and other direct obligations of the United States, or the bonds and other direct obligations or participation certificates issued by any agency, association, authority or instrumentality created by the United States Congress or any executive order; [PL 2017, c. 151, §6 (NEW).] B. The bonds and other direct obligations issued or guaranteed by any state or by any political subdivision, instrumentality or agency of any state, if the securities are rated within the 3 highest grades by any rating service approved by the Superintendent of Financial Institutions; [PL 2017, c. 151, §6 (NEW).] C. The bonds and other direct obligations issued or guaranteed by this State, or issued by any instrumentality or agency of this State, or any political subdivision of the State that is not in default on any of its outstanding funded obligations; or [PL 2017, c. 151, §6 (NEW).] D. Prime bankers' acceptances and prime commercial paper. [PL 2017, c. 151, §6 (NEW).] Investments made pursuant to this subsection are limited to direct obligations of the issuer in which the sanitary district directly owns the underlying security. Obligations created from, or whose value depends on or is derived from, the value of one or more underlying assets or indexes of asset values in which the sanitary district owns no direct interest do not qualify as investments under this subsection. [PL 2017, c. 151, §6 (NEW).]

3. Corporate securities. A sanitary district may invest in: A. The bonds and other obligations of any United States or Canadian corporation if the securities are rated within the 3 highest grades by any rating service approved by the Superintendent of Financial Institutions and are payable in United States funds. Not more than 2% of the total assets of the permanent reserve fund, permanent trust fund or other permanent fund being invested may be invested in the securities of any one such corporation; and [PL 2017, c. 151, §6 (NEW).] B. The bonds and other obligations of any Maine corporation, actually conducting in this State the business for which that corporation was created, that, for a period of 3 successive fiscal years or for a period of 3 years immediately preceding the investment, has earned or received an average net income of not less than 2 times the interest on the obligations in question and all prior liens or, in the case of water companies subject to the jurisdiction of the Public Utilities Commission, an average net income of not less than 1 1/2 times the interest on the obligations in question and all prior liens. Not more than 20% of the total assets of the permanent reserve fund, permanent trust fund or other permanent fund being invested may be invested in these securities of Maine corporations and not more than 2% of that fund may be invested in the securities of any single corporation. [PL 2017, c. 151, §6 (NEW).] [PL 2017, c. 151, §6 (NEW).]

4. Retention of unauthorized securities. Sanitary districts may acquire and hold securities not authorized by law but that have been acquired in settlements, reorganizations, recapitalizations, mergers or consolidations or by receipt of stock dividends or the exercise of rights applicable to securities held by sanitary districts and may continue to hold these securities at the discretion of the trustees. Sanitary districts may continue to hold at the discretion of the trustees securities under authorization of law. [PL 2017, c. 151, §6 (NEW).]

5. Standard of prudence. All investments made under this section must be made with the judgment and care that persons of prudence, discretion and intelligence, under circumstances then prevailing, exercise in the management of their own affairs, not for speculation but for investment, considering: A. The safety of principal and preservation of capital in the overall portfolio; [PL 2017, c. 151, §6 (NEW).] B. Maintenance of sufficient liquidity to meet all operating and other cash requirements with which a fund is charged that are reasonably anticipated; and [PL 2017, c. 151, §6 (NEW).] C. The income to be derived throughout budgetary and economic cycles, taking into account prudent investment risk constraints and the cash flow characteristics of the portfolio. [PL 2017, c. 151, §6 (NEW).] This standard must be applied to the overall investment portfolio of the sanitary district and not to individual items within a diversified portfolio. [PL 2017, c. 151, §6 (NEW).]
38 M.R.S. § 548 — ME Code / Title 38 / Chapter 3 / Section 548
38 §548. Removal of prohibited discharges
Status: in_force

Any person discharging or suffering the discharge of oil in the manner prohibited by section 543 shall immediately undertake to remove that discharge to the commissioner's satisfaction. Notwithstanding the above requirement, the commissioner may undertake the removal or cleanup of that discharge and may retain agents and contractors for those purposes who shall operate under the direction of the commissioner. The commissioner may implement remedies to restore or replace water supplies contaminated by a discharge of oil prohibited by section 543 , including all discharges from interstate pipelines, using the most cost-effective alternative that is technologically feasible and reliable and that effectively mitigates or minimizes damages to, and provides adequate protection of, the public health, welfare and the environment. The commissioner may investigate and sample sites where an oil discharge has or may have occurred to identify the source and extent of the discharge. During the course of the investigation, the commissioner may require submission of information or documents that relate or may relate to the discharge under investigation from any person who the commissioner has reason to believe may be a responsible party. If the commissioner finds, after investigation, that a discharge of oil has occurred and may create a threat to public health or the environment, the commissioner may issue a clean-up order in accordance with section 568, subsection 3 . [PL 2009, c. 501, §4 (AMD).]

Any unexplained discharge of oil within state jurisdiction or discharge of oil occurring in waters beyond state jurisdiction that for any reason penetrates within state jurisdiction must be removed by or under the direction of the commissioner. Any expenses involved in the removal or cleanup of discharges, including the restoration of water supplies contaminated by discharges from interstate pipelines and other discharges prohibited by section 543 , whether by the person reporting the discharge, the commissioner or the commissioner's agents or contractors, must be paid in the first instance from the Maine Ground and Surface Waters Clean-up and Response Fund and any reimbursements due that fund must be collected in accordance with section 551 . [PL 2015, c. 319, §14 (AMD).]

If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with oil: [PL 1993, c. 621, §1 (NEW).]

1. Delineated contaminated area. The commissioner or any person responsible for the discharge of the oil is not obligated by this subchapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as a result of the proximity of the area to: A. A hazardous waste storage, treatment or disposal facility licensed by the department; [PL 1993, c. 621, §1 (NEW).] B. An uncontrolled hazardous substance site as defined in section 1362, subsection 3 and listed by the department; [PL 1993, c. 621, §1 (NEW).] C. An oil terminal facility as defined in section 542, subsection 7 licensed by the department; [PL 1993, c. 621, §1 (NEW).] D. A solid waste disposal facility as defined in section 1303‑C, subsection 30 and licensed by the department; or [PL 1993, c. 621, §1 (NEW).] E. A closed or abandoned municipal solid waste landfill listed by the department; and [PL 1993, c. 621, §1 (NEW).] [PL 1993, c. 621, §1 (NEW).]

2. Areas not delineated. If the well is installed in an area other than one described in subsection 1 , the obligation under this subchapter of the commissioner or any person responsible for the discharge of oil with regard to replacement or treatment of the well is limited to reimbursement of the expense of installing the well and its proper abandonment. The well owner is responsible in such a case for other expenses of replacing or treating the water supply well, including the cost of any pump or piping installed with the well. [PL 1993, c. 621, §1 (NEW).]

For purposes of this section, "viable community public water system" means a community water system as defined in Title 22, section 2660‑B that has not indicated an intent to imminently cease providing water to that location. [PL 1993, c. 621, §1 (NEW).]
38 M.R.S. § 1050 — ME Code / Title 38 / Chapter 10 / Section 1050
38 §1050. Qualified sewer districts; collection of unpaid rates
Status: in_force

The provisions of this section apply only to a qualified sewer district. [PL 2013, c. 555, §6 (NEW).]

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Eligible sewer district" means a sewer district whose charter does not establish, or authorize the district to establish, a lien on real estate served by the district. [PL 2013, c. 555, §6 (NEW).] B. "Qualified sewer district" means an eligible sewer district that has satisfied the requirements of subsection 4 ; or a standard district unless this section is expressly excluded from the standard district's charter. [PL 2013, c. 555, §6 (NEW).] C. "Real estate" means an identified parcel of land and its improvements, if any, including, but not limited to, a mobile home. [PL 2013, c. 555, §6 (NEW).] [PL 2013, c. 555, §6 (NEW).]

2. Lien. There is a lien on real estate served or benefited by the sewers of the qualified sewer district to secure the payment of the qualified sewer district's rates. The lien established under this section arises and is perfected as services are provided and takes precedence over all other claims on such real estate, except claims for taxes. [PL 2015, c. 174, §3 (AMD).]

3. Collection. The treasurer of the qualified sewer district has full and complete authority and power to collect rates and fees established under section 1048 or otherwise authorized by law. The treasurer may, after demand for payment, sue in the name of the qualified sewer district in a civil action in any court of competent jurisdiction for any rates remaining unpaid. In addition to other methods established by law for the collection of rates and without waiver of the right to sue for the collection of rates, the lien created under subsection 2 may be enforced in the following manner. A. The treasurer may, after the expiration of 3 months and within one year after the date when the rates became due and payable, give to the owner of the real estate served, leave at the owner's last and usual place of abode or send by certified mail, return receipt requested, to the owner's last known address a notice in writing signed by the treasurer or bearing the treasurer's facsimile signature, stating the amount of the rates due, describing the real estate upon which the lien is claimed and stating that a lien is claimed on the real estate to secure the payment of the rates and demanding the payment of the rates within 30 days after service or mailing, with $1 added to the demanded rate for the treasurer and an additional fee to cover mailing the notice by certified mail, return receipt requested. The notice must contain a statement that the qualified sewer district is willing to arrange installment payments of the outstanding debt. [PL 2017, c. 151, §4 (AMD).] B. After the expiration of 30 days and within one year after giving notice pursuant to paragraph A , the treasurer of the qualified sewer district shall record in the registry of deeds of the county in which the property of the person is located a certificate signed by the treasurer setting forth the amount of the rates due, describing the real estate on which the lien is claimed and stating that a lien is claimed on the real estate to secure payment of the rates and that a notice and demand for payment has been given or made in accordance with this section and stating further that the rates remain unpaid. At the time of the recording of the certificate in the registry of deeds, the treasurer shall file in the office of the qualified sewer district a true copy of the certificate and shall mail a true copy of the certificate by certified mail, return receipt requested, to each record holder of any mortgage on the real estate, addressed to the record holder at the record holder's last and usual place of abode. [PL 2013, c. 555, §6 (NEW).] C. The filing of the certificate in the registry of deeds creates a mortgage held by the qualified sewer district on the real estate described in the certificate that has priority over all other mortgages, liens, attachments and encumbrances of any nature, except liens, attachments and claims for taxes, and gives to the qualified sewer district all the rights usually possessed by mortgagees, except that the qualified sewer district as mortgagee does not have any right to possession of that real estate until the right of redemption has expired. [PL 2013, c. 555, §6 (NEW).] D. If the mortgage created under paragraph C , together with interest and costs, has not been paid within 18 months after the date of filing the certificate in the registry of deeds in accordance with paragraph B , the mortgage is foreclosed and the right of redemption expires. The filing of the certificate in the registry of deeds is sufficient notice of the existence of the mortgage. In the event that the rate, with interest and costs, is paid within the period of redemption, the treasurer of the qualified sewer district shall discharge the mortgage in the same manner as provided for discharge of real estate mortgages. [PL 2013, c. 555, §6 (NEW).] E. The owner of the real estate shall pay the sum of the fees for receiving, recording and indexing the lien, or its discharge, as established by Title 33, section 751 , plus $13, plus all certified mail, return receipt requested, fees. [PL 2013, c. 555, §6 (NEW).] F. Not more than 45 days or less than 30 days before the foreclosing date of the mortgage created under paragraph C , the treasurer of the qualified sewer district shall notify the party named on the mortgage and each record holder of a mortgage on the real estate in a writing signed by the treasurer or bearing the treasurer's facsimile signature and left at the holder's last and usual place of abode or sent by certified mail, return receipt requested, to the holder's last known address of the impending automatic foreclosure and indicating the exact date of foreclosure. For sending this notice, the qualified sewer district is entitled to receive $3 plus all certified mail, return receipt requested, fees, which must be added to and become a part of the amount due under paragraph E . If notice is not given in the time period specified in this paragraph, the person not receiving timely notice has up to 30 days after the treasurer provides notice as specified in this paragraph in which to redeem the mortgage. The notice of impending automatic foreclosure must be substantially in the following form: STATE OF MAINE .................. SEWER DISTRICT NOTICE OF IMPENDING AUTOMATIC FORECLOSURE SEWER LIEN M.R.S.A., Title 38, section 1050 IMPORTANT: DO NOT DISREGARD THIS NOTICE YOU WILL LOSE YOUR PROPERTY UNLESS YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE ................... SEWER DISTRICT. TO: ................. IF THE LIEN FORECLOSES, THE ..................... SEWER DISTRICT WILL OWN YOUR PROPERTY, SUBJECT ONLY TO MUNICIPAL TAX LIENS. .................................... District Treasurer [PL 2013, c. 555, §6 (NEW).] G. The qualified sewer district shall pay the treasurer $1 for the notice, $1 for filing the lien certificate and the amount paid for certified mail, return receipt requested, fees. The fees for recording the lien certificate must be paid by the qualified sewer district to the register of deeds. [PL 2013, c. 555, §6 (NEW).] H. A discharge of the certificate given after the right of redemption has expired, which discharge has been recorded in the registry of deeds for more than one year, terminates all title of the qualified sewer district derived from that certificate or any other recorded certificate for which the right of redemption expired 10 years or more prior to the foreclosure date of this discharge lien, unless the qualified sewer district has conveyed any interest based upon the title acquired from any of the affected liens. [PL 2013, c. 555, §6 (NEW).] [PL 2017, c. 151, §4 (AMD).]

4. Adoption; referendum. An eligible sewer district may become a qualified sewer district in accordance with this subsection. The trustees of the eligible sewer district shall submit a proposal to become a qualified sewer district for approval in a districtwide referendum. The referendum must be called, advertised and conducted according to the law relating to municipal elections in Title 30‑A, chapter 121 , except the registrar of voters is not required to prepare or the clerk to post a new list of voters. The referendum may be held outside the territory of the eligible sewer district if the usual voting place for persons located within the district is located outside the territory of the district. For the purpose of registering voters, the registrar of voters must be in session on the regular work day preceding the election. The question presented must conform to the following form: "Do you favor authorizing the (insert name of eligible sewer district) to become a qualified sewer district, allowing the district to exercise the lien authority established in the Maine Revised Statutes, Title 38, section 1050 with respect to unpaid rates?" The voters shall indicate by a cross or check mark placed against the word "Yes" or "No" their opinion on the question. The results must be declared by the trustees and entered upon the eligible sewer district's records. Due certificate of the results must be filed by the clerk with the Secretary of State. The eligible sewer district becomes a qualified sewer district under this section only upon acceptance of the question by a majority of the legal voters within the eligible sewer district voting at the referendum. Failure of approval by the majority of voters voting at the referendum does not prevent subsequent referenda from being held for the same purpose. The costs of referenda are borne by the eligible sewer district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1601 — ME Code / Title 38 / Chapter 16 / Section 1601
38 §1601. Aerosol spray
Status: in_force

After January 1, 1979, no person shall sell or offer to sell in this State any aerosol spray which contains a propellant trichloromonofluoromethane, difluorodichloromethane or any other saturated chlorofluorocarbon compound not containing hydrogen; provided that nothing in this Act shall prohibit the sale or use of any aerosol spray containing such a propellant if the product contains one or more drugs as defined by section 201(g)(1) of the Federal Food, Drug and Cosmetic Act and which aerosol spray is to be used for a generally recognized medical purpose, or is classified as an essential use exemption in 40 Code of Federal Regulations, subchapter R, section 762.21, paragraphs (a) to (g), 43 Federal Register, 11324, March 17, 1978, 43 Federal Register, 59500, December 21, 1978. [PL 1979, c. 153 (AMD).]

1. Violation. Violation of this section is a Class E crime. [PL 1977, c. 202 (NEW).]