38 M.R.S. § 564 — ME Code / Title 38 / Chapter 3 / Section 564
38 §564. Regulation of underground oil storage facilities used to store motor fuels or used in the marketing and distribution of oil
Status: in_force

The department shall adopt rules necessary to minimize, to the extent practicable, the potential for discharges of oil from underground oil storage facilities and tanks used to store motor fuel or used in the marketing and distribution of oil to others. These rules must ensure that requirements and standards governing facilities under this section assure that the State's program meets requirements under the United States Resource Conservation and Recovery Act of 1976, Subtitle I, as amended. These rules are limited to the following requirements. [PL 2017, c. 333, §3 (AMD).]

1. Design and installation standards for new and replacement facilities. Design and installation standards for new and replacement facilities are as follows. A. All new and replacement tanks, piping and below ground ancillary equipment must be constructed of fiberglass, cathodically protected steel or other equally noncorrosive material approved by the department. All new and replacement tanks must include secondary containment, continuous monitoring of the interstitial spaces for all piping and below ground ancillary equipment except for suction piping systems installed in accordance with subsection 1‑A . Both tanks and piping must be constructed of materials compatible with the product to be stored. Anchoring is required of tanks when located in a site where the ground water is expected to reach the bottom of the tank or in a 100-year flood plain. [PL 1991, c. 494, §3 (AMD).] B. All new and replacement facilities must be installed in accordance with the equipment manufacturer's specifications and nationally accepted standards and by an underground oil storage tank installer who has been properly certified pursuant to Title 32, chapter 104‑A , and must be registered with the commissioner prior to installation pursuant to section 563 . Underground gasoline storage tanks may be removed by an underground gasoline storage tank remover who has been properly certified pursuant to Title 32, chapter 104‑A . New and replacement impressed current cathodic protection systems must be designed by a corrosion expert. [PL 1991, c. 66, Pt. B, §3 (RPR).] C. [PL 1989, c. 865, §10 (RP).] D. [PL 1989, c. 865, §10 (RP).] [PL 1991, c. 494, §3 (AMD).]

1-A. Leak detection standards and procedures for existing facilities. Facility owners shall implement one of the leak detection methods listed in this subsection or properly abandon a facility in accordance with section 566‑A . The leak detection system must be capable of detecting a leak within 30 days with a probability of detection of 95%. Facility owners shall retrofit leak detection for facilities with pressurized piping by December 1, 1990, and facilities with suction piping by December 1, 1991. Leak detection methods are as follows: A. Monthly statistical inventory reconciliation of daily product inventory data by an independent vendor using procedures approved by the United States Environmental Protection Agency. Pressurized piping must be retrofitted with an automated in-line leak detector; or [PL 2017, c. 333, §4 (AMD).] B. Installation of one of the following leak detection systems: (1) Secondary containment of all underground oil storage facility components or secondary containment for the tank and single-walled containment for suction piping sloped evenly to the tank and equipped with a single check valve under the pump; (5) Automatic tank gauging that can detect a 0.2 gallon per hour loss, and to detect a leak or discharge of oil from product piping not installed in accordance with subparagraph (1), one of the following: (a) Continuous vapor monitoring; (b) Annual tightness testing; (c) Secondary containment with interstitial space monitoring; or (d) Other methods of leak detection approved by the department; or (6) Other leak detection systems approved by the department that can detect a 0.2 gallon per hour leak rate or a leak of 150 gallons in 30 days with a 95% probability of detecting a leak and a 5% chance of false alarm. [PL 2017, c. 333, §4 (AMD).] Existing piping must be equipped with leak detection. Pressurized piping must be equipped with an automated in-line leak detector and be monitored by a leak detection system listed in paragraph A or B . Suction piping must be installed to operate at less than atmospheric pressure, sloped to drain back into the tank with a loss of suction and installed with only one check valve located below and as close as practical to the suction pump. Product piping that does not meet these suction piping criteria must be monitored by a leak detection system listed in paragraph B . [PL 2017, c. 333, §4 (AMD).]

1-B. Overfill and spill prevention equipment. Overfill and spill prevention equipment is required for all new, replacement and existing facilities. A phase-in schedule for existing facilities to meet this requirement is as follows. A. Overfill and spill prevention equipment must be installed in new and replacement underground oil storage tanks at the time the underground oil storage tank is installed. [PL 1991, c. 763, §4 (NEW).] B. Overfill and spill prevention equipment must be retrofitted on existing tanks constructed of cathodically protected steel, fiberglass or other noncorrosive material approved by the department by December 22, 1998, pursuant to 40 Code of Federal Regulations, 280.20 and 280.21. [PL 1991, c. 763, §4 (NEW).] [PL 1991, c. 763, §4 (AMD).]

2. Monitoring, maintenance and operating procedures for existing, new and replacement facilities and tanks. [PL 1991, c. 66, Pt. B, §4 (RP).]

2-A. Monitoring, maintenance and operating procedures for existing, new and replacement facilities and tanks. The department's rules must require: A. Collection of inventory data for each day that oil is being added to or withdrawn from the facility or tank, reconciliation of the data, with monthly summaries, and retention of records containing all such data for a period of at least 3 years either at the facility or at the facility owner's place of business; [PL 1991, c. 66, Pt. B, §5 (NEW).] B. Monthly statistical inventory reconciliation, the results of which must be reported to the commissioner. Monthly statistical inventory reconciliation is not required for double-walled tanks equipped with interstitial space monitors; [PL 2017, c. 333, §5 (AMD).] C. Voltage readings for cathodically protected systems by a cathodic protection tester 6 months after installation and annually thereafter; [PL 1991, c. 66, Pt. B, §5 (NEW).] D. Monthly inspections by a cathodic protection tester of the rectifier meter on impressed current systems; [PL 1991, c. 66, Pt. B, §5 (NEW).] E. Precision testing of any tanks and piping showing evidence of a possible leak. Results of all tests conducted must be submitted to the commissioner by the facility owner and the person who conducted the test; [PL 1991, c. 66, Pt. B, §5 (NEW).] F. Proper calibration, operation and maintenance of leak detection devices; [PL 1991, c. 66, Pt. B, §5 (NEW).] G. Evidence of financial responsibility for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by sudden and nonsudden accidental discharges from an underground oil storage facility or tank; [PL 1991, c. 66, Pt. B, §5 (NEW).] H. Reporting to the commissioner any of the following indications of a possible leak or discharge of oil: (1) Unexplained differences in daily inventory reconciliation values that, over a 30-day period, exceed 1.0% of the product throughput; (2) Unexplained losses detected through statistical reconciliation of inventory records; (3) Detection of product in a monitoring well or by other leak detection methods; (4) Failure of a tank or piping precision test, hydrostatic test or other tank or piping tightness test approved by the department; and (5) Discovery of oil on or under the premises or abutting properties, including nearby utility conduits, sewer lines, buildings, drinking water supplies and soil. The rules may not require the reporting of a leak or discharge of oil above ground of 10 gallons or less that occurs on the premises, including, but not limited to, spills, overfills and leaks, when those leaks or discharges do not reach groundwaters or surface waters of the State and are cleaned up within 24 hours of discovery, if a written log is maintained at the facility or the owner's place of business in this State. For each discharge the log must record the date of discovery, its source, the general location of the discharge at the facility, the date and method of cleanup and the signature of the facility owner or operator certifying the accuracy of the log; [PL 2017, c. 333, §5 (AMD).] I. Compatibility of the materials from which the facility is constructed and the product to be stored; [PL 1991, c. 66, Pt. B, §5 (NEW).] J. Owners and operators, upon request by the commissioner, to sample their underground oil tanks, to maintain records of all monitoring and sampling results at the facility or the facility owner's place of business and to furnish records of all monitoring and sampling results to the commissioner and to permit the commissioner or the commissioner's representative to inspect and copy those records; [PL 2009, c. 319, §5 (AMD).] K. Owners and operators to permit the commissioner or the commissioner's designated representatives, including contractors, access to all underground oil storage facilities for all purposes connected with administering this subchapter, including, but not limited to, for sampling the contents of underground oil tanks and monitoring wells. This right of access is in addition to any other granted by law; and [PL 2009, c. 319, §6 (AMD).] L. Operators to complete a department training program that meets the minimum requirements specified by the United States Environmental Protection Agency under 42 United States Code, Section 6991i (2007). The training program must provide certification for the successful completion of the program, which must be renewed every 2 years. Training may be provided by a 3rd party if approved by the department. [PL 2011, c. 317, §1 (AMD).] The requirements in paragraphs A and B do not apply to the following tanks as long as the associated piping has secondary containment or a suction pump product delivery system or another leak detection system approved by the commissioner and as long as the tank and associated piping have been installed and are operated in accordance with the requirements of this subchapter, including rules adopted under this subchapter: tanks providing product to a generator; double-walled tanks with continuous interstitial space monitoring; and existing tanks constructed of fiberglass, cathodically protected steel or another commissioner-approved noncorrosive material that are monitored for a leak by a method able to detect a product loss or gain of 0.2 gallons or less per hour. [PL 2017, c. 333, §5 (AMD).]

3. Replacement of tanks at facilities where leaks have been detected. [PL 2003, c. 551, §13 (RP).]

4. Sampling of monitoring wells. When a monitoring well is installed at an underground oil storage facility storing motor fuel or used for the marketing and distribution of oil, the owner or operator is required to sample that well at least weekly; to maintain records of all sampling results at the facility or at the facility owner's place of business; and to report to the commissioner any sampling results showing evidence of a possible leak or discharge of oil. [PL 1991, c. 66, Pt. B, §7 (RPR).]

5. Mandatory facility replacement. Upon the expiration date of a manufacturer's warranty for a tank, the tank and its associated piping must be removed from service and properly abandoned in accordance with section 566‑A , except that a double-walled tank may continue in service beyond the expiration of the warranty if: A. During the year the warranty expires but on a date before the warranty expires, a precision test is conducted to determine the integrity of the tank. Results of the test conducted must be submitted to the commissioner by the facility owner; and [PL 2011, c. 276, §1 (NEW).] B. Beginning in the 5th year after the expiration of the warranty, a precision test is conducted annually to determine the integrity of the tank. Results of each test must be submitted to the commissioner by the facility owner. [PL 2023, c. 16, §1 (AMD).] This subsection does not apply until January 1, 2008 to a tank installed before December 31, 1985 that has been retrofitted to meet the requirements of subsections 1‑A and 1‑B . [PL 2023, c. 16, §1 (AMD).]

6. Retrofit of existing underground tanks. The department's rules must allow a person to retrofit a single-walled underground oil storage tank with secondary containment as long as the retrofitted tank complies with Underwriters Laboratories Subject 1316 or 1856 and interstitial monitoring of the retrofitted tank is equal to or greater than interstitial monitoring of a new tank. The department shall require a site assessment of an underground oil storage facility when a tank is retrofitted in accordance with this subsection. [PL 2017, c. 333, §6 (AMD).]
38 M.R.S. § 577 — ME Code / Title 38 / Chapter 3-A / Section 577
38 §577. Climate action plan; update
Status: in_force

By July 1, 2004, the department, with input from stakeholders, shall adopt a state climate action plan to meet reduction goals for greenhouse gas emissions. The action plan must address reduction in each sector in cost-effective ways and must allow sustainably managed forestry, agricultural and other natural resource activities to be used to sequester greenhouse gas emissions. The department shall submit the action plan to the joint standing committee of the Legislature having jurisdiction over natural resources matters. [PL 2019, c. 476, §8 (AMD).]

1. Update plan. By December 1, 2020, and every 4 years thereafter, the Maine Climate Council, as established in section 577‑A and referred to in this section as "the council," with input from stakeholders, shall update the state climate action plan under this section and shall include in the plan strategies to meet the greenhouse gas emissions reduction levels specified in section 576‑A . [PL 2019, c. 476, §8 (NEW).]

2. Mitigation strategies. In updating the climate action plan under subsection 1 , the council shall evaluate mitigation strategies to reduce gross annual greenhouse gas emissions and net annual greenhouse gas emissions consistent with the reduction levels in section 576‑A . The council shall quantitatively analyze and report on the technical feasibility and cost-effectiveness of each mitigation strategy. The updated climate action plan must include climate change mitigation strategies to reduce greenhouse gas emissions in the State and, as applicable, must include updates to the mitigation strategies included in the plan and identification of new strategies through the application of the latest scientific and technological information available related to climate change. [PL 2019, c. 476, §8 (NEW).]

3. Adaptation and resilience strategies. The updated climate action plan under subsection 1 must address the impacts of climate change upon the State and provide strategies and actions for climate adaptation and resiliency. These strategies must include implementation guidelines that: A. Prioritize the welfare of the State's citizens and visitors and recognize and foster the value of the State's natural resources and natural resource-based industries; [PL 2019, c. 476, §8 (NEW).] B. Encourage diversity, inclusion and equity; [PL 2019, c. 476, §8 (NEW).] C. Provide education and training opportunities when appropriate; [PL 2019, c. 476, §8 (NEW).] D. Build upon existing global, national and state plans and partnerships for addressing climate adaptation, emergency preparedness and disaster risk reduction; [PL 2019, c. 476, §8 (NEW).] E. Encourage investments that prevent and proactively mitigate risk; [PL 2019, c. 476, §8 (NEW).] F. Encourage, foster and utilize the most recent scientific and technical information available; and [PL 2019, c. 476, §8 (NEW).] G. Incorporate means for measuring progress. [PL 2019, c. 476, §8 (NEW).] [PL 2019, c. 476, §8 (NEW).]

4. Clean energy economy transition plan. The updated climate action plan under subsection 1 must include a clean energy economy transition plan that, as applicable, incorporates feedback from the Maine Climate Council working groups established under section 577‑A, subsection 7 and which may incorporate feedback from other entities with expertise in education, training, apprenticeships, workforce and labor. The clean energy economy transition plan under this subsection must: A. Include opportunities for and address barriers to advancing the State's clean energy economy; [PL 2019, c. 476, §8 (NEW).] B. Highlight strategies for the State's rural communities, workers and businesses as the State transitions to a low-carbon future that are designed to encourage good-paying jobs and long-term employment; and [PL 2019, c. 476, §8 (NEW).] C. Identify policy recommendations; opportunities for public-private partnerships; workforce development and educational opportunities, including opportunities for training and retraining workers and the development of apprenticeship programs; and other strategies necessary to the creation of clean energy jobs and a robust clean energy economy in the State. [PL 2019, c. 476, §8 (NEW).] [PL 2019, c. 476, §8 (NEW).]

5. Effects of climate change. The updated climate action plan under subsection 1 must provide the latest information on climate change effects in the State and on the sectors, ecosystems and communities most at risk from such effects. [PL 2019, c. 476, §8 (NEW).]

5-A. Greenhouse gas emissions reductions projections. Beginning with the updated climate action plan under subsection 1 due by December 1, 2024, and for each subsequent update to the plan thereafter, the plan must include greenhouse gas emissions reductions projections, including sector-specific greenhouse gas emissions reductions projections, based on the strategies and actions in the plan and information regarding how those projections and the updated plan are designed to achieve the greenhouse gas emissions reductions specified in section 576‑A . [PL 2023, c. 234, §2 (NEW).]

6. Submission of plan. By December 1, 2020, and every 4 years thereafter, the council shall submit the updated climate action plan under subsection 1 and any recommended legislation to the joint standing committee of the Legislature having jurisdiction over natural resources matters. Upon receipt and review of the plan, the joint standing committee may report out a bill to the Legislature related to the plan or the council's recommendations. [PL 2019, c. 476, §8 (NEW).]

7. Objectives. In identifying the mitigation strategies and adaptation and resilience strategies to include in the updated climate action plan under subsections 2 and 3 and in developing the clean energy economy transition plan under subsection 4 , the council shall give consideration to the following objectives: A. Pursuing cost-effective, technologically feasible and equitable greenhouse gas emissions reduction pathways and adaptation and preparedness strategies, informed by scientific and technical expertise; [PL 2019, c. 476, §8 (NEW).] B. Pursuing actions that minimize deleterious effects, including those on persons of low income and moderate income, to public health and the environment and that support economic sectors that face the biggest barriers to emissions reductions and creating, when feasible, additional employment and economic growth in the State, especially in rural and economically distressed regions of the State; [PL 2019, c. 476, §8 (NEW).] C. Ensuring equity for all sectors and regions of the State and that the broadest group of residents benefit from the achievement of the greenhouse gas emissions reduction levels in section 576‑A , with consideration of economic, quality-of-life and public health benefits; [PL 2019, c. 476, §8 (NEW).] D. Encouraging the use of natural solutions to reduce net annual greenhouse gas emissions and increase resiliency, such as solutions related to forests, farms and coastal lands in the State and materials that sequester carbon; [PL 2019, c. 476, §8 (NEW).] E. Maximizing involvement in interstate and regional initiatives and programs designed to reduce regional greenhouse gas emissions; [PL 2019, c. 476, §8 (NEW).] F. Supporting industries, technology and training that will allow workers and companies in the State to benefit from carbon reduction solutions through jobs and economic activity; and [PL 2019, c. 476, §8 (NEW).] G. Planning for adaptation and resilience strategies that will prepare the State's communities, infrastructure and industries for current and anticipated effects of climate change. [PL 2019, c. 476, §8 (NEW).] [PL 2019, c. 476, §8 (NEW).]

8. Use of existing data. In updating the climate action plan under subsection 1 , the council shall draw upon existing state data and studies, including, but not limited to, analyses and data from the 2004 climate action plan and the 2010 adaptation plan developed by the department, the evaluations of the State's progress toward meeting greenhouse gas emissions levels under section 578 , the comprehensive state energy plan pursuant to Title 2, section 9, subsection 3, paragraph C and the Efficiency Maine Trust's triennial plan pursuant to Title 35‑A, section 10104, subsection 4 . [PL 2019, c. 476, §8 (NEW).]

9. Funding. The costs to the council of updating the climate action plan pursuant to this section, including, but not limited to, the costs associated with the evaluation of mitigation strategies to reduce gross annual greenhouse gas emissions and net annual greenhouse gas emissions under subsection 2 , may be funded using funds solicited and accepted by the council pursuant to section 577‑A, subsection 9 . [PL 2019, c. 476, §8 (NEW).]
38 M.R.S. § 490-PP — ME Code / Title 38 / Chapter 3 / Section 490-PP
38 §490-PP. Mining permit; duration; termination; revocation; transfer; amendment
Status: in_force

1. Duration of permit. A mining permit issued by the department remains in effect until terminated or revoked by the department. The duration of other permits issued for the mining operation must be provided for in those permits. The department shall conduct annual reviews of the mining operations and assess compliance with the permit terms. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

2. Termination of permit. After public notice, the department may terminate or request surrender of a mining permit if: A. The permittee has not commenced construction of mining facilities or conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit; or [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. The permittee has satisfied the requirements of the environmental protection, reclamation and closure plan and completed final reclamation of the mining area and, if necessary, the affected area and requests the termination of the mining permit and the department determines all of the following: (1) The air, water or other natural resources are not polluted or impaired from the mining operation; (2) The permittee has otherwise fulfilled all conditions determined to be necessary by the department to protect the public health, safety and welfare and the environment; and (3) The requirements for the post-closure monitoring period have been satisfied. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

3. Revocation of permit. The department may revoke a mining permit after public notice pursuant to section 490‑TT . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Transfer of permit. After public notice and unless otherwise provided in this article, a mining permit may be transferred with prior written approval of the department in accordance with the provisions of this subsection. A. The person acquiring the mining permit shall submit to the department on forms provided by the department a request for transfer of the mining permit and shall provide the financial assurance required under section 490‑RR . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. A person acquiring a mining permit must accept the conditions of the existing mining permit and adhere to the requirements set forth in this article. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. If a permittee is determined by the department to be in violation of this article or the rules adopted under this article at the mining site that is the subject of the transfer, the mining permit may not be transferred until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. A transferee shall demonstrate to the department's satisfaction the technical and financial capacity and intent to: (1) Comply with all terms and conditions of the mining permit; and (2) Satisfy all applicable statutory and regulatory criteria, including, but not limited to, providing adequate evidence of the financial assurance required by section 490‑RR . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

5. Amendment of permit. After public notice, a mining permit may be amended in accordance with this subsection. A. A permittee may submit to the department a request to amend a mining permit to address anticipated changes in the mining operation, including, if applicable, amendments to the environmental impact assessment and to the environmental protection, reclamation and closure plan. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. The department may require a mining permit to be amended if the department determines that the terms and conditions of the mining permit are not providing reasonable protection of the environment, natural resources or public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
38 M.R.S. § 1692 — ME Code / Title 38 / Chapter 16-D / Section 1692
38 §1692. Declaration of policy
Status: in_force

It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to reduce exposure of children and other vulnerable populations to chemicals of high concern by substituting safer alternatives when feasible. By enactment of this chapter, the Legislature confers upon the department the regulatory power to collect information on chemical use and prohibit the sale of children's products containing priority chemicals when safer alternatives are available. The policy represented in this chapter is in furtherance of the toxics use reduction policies under chapter 27 . [PL 2009, c. 579, Pt. B, §12 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]
38 M.R.S. § 1232 — ME Code / Title 38 / Chapter 11-A / Section 1232
38 §1232. Formation; expansion
Status: in_force

A community sanitary district is formed in the same manner as a sanitary district under chapter 11 , except that the board may not approve an application pursuant to section 1101, subsection 3 unless the board finds that: [PL 2005, c. 556, §4 (NEW).]

1. Facilitate compact growth. Creation of the district will facilitate cluster developments or other compact growth patterns; [PL 2005, c. 556, §4 (NEW).]

2. Adequate and efficient. The district will provide for the creation of an adequate and efficient means of collecting, conveying, pumping, treating and disposing of domestic sewage within the proposed district; and [PL 2005, c. 556, §4 (NEW).]

3. Feasibility and public interest. Creation and maintenance of a wastewater collection, treatment and disposal system by the district will be administratively feasible and promote the public health, safety and welfare. [PL 2005, c. 556, §4 (NEW).]

The boundaries of a community sanitary district may be expanded in accordance with section 1162 . [PL 2005, c. 556, §4 (NEW).]
38 M.R.S. § 403 — ME Code / Title 38 / Chapter 3 / Section 403
38 §403. Ground water quality
Status: in_force

1. Legislative intent. The Legislature finds that sand and gravel aquifers are important public and private resources for drinking water supplies and other industrial, commercial and agricultural uses. The ground water in these formations is particularly susceptible to contamination by pollutants and, once polluted, may not recover for hundreds of years. It is the intent of the Legislature that information be developed which shall determine the degree that the state's sand and gravel aquifers have been contaminated and shall provide a base of knowledge from which decisions may be made to protect the aquifers. [PL 1983, c. 521 (NEW).]

2. Determination of ground water quality. The commissioner and the Department of Agriculture, Conservation and Forestry shall delineate the primary recharge areas for all sand and gravel aquifers capable of yielding more than 10 gallons per minute. Utilizing existing water supply information and well drilling logs, the commissioner and the Department of Agriculture, Conservation and Forestry shall determine depth to bedrock, depth to water table, surficial material stratigraphy and generalized ground water flow directions of the aquifers. The commissioner and the Department of Agriculture, Conservation and Forestry shall also determine the extent and direction of contamination plumes originating from distinct sources within each area studied. The primary recharge areas, flow directions and contamination plumes are to be shown on maps of a scale of 1:50,000. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §22 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 465-C — ME Code / Title 38 / Chapter 3 / Section 465-C
38 §465-C. Standards of classification of ground water
Status: in_force

The department shall have 2 standards for the classification of ground water. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §67 (AMD).]

1. Class GW-A. Class GW-A shall be the highest classification and shall be of such quality that it can be used for public water supplies. These waters shall be free of radioactive matter or any matter that imparts color, turbidity, taste or odor which would impair usage of these waters, other than that occurring from natural phenomena. [PL 1985, c. 698, §15 (NEW).]

2. Class GW-B. Class GW-B, the 2nd highest classification, shall be suitable for all usages other than public water supplies. [PL 1985, c. 698, §15 (NEW).]
38 M.R.S. § 344-B — ME Code / Title 38 / Chapter 2 / Section 344-B
38 §344-B. Timetables for processing permit applications
Status: in_force

Pursuant to the provisions of this section, the commissioner shall determine and annually publish a processing time for each type of permit or license issued by the department. When establishing processing times for permits or licenses, the commissioner shall take into consideration all duties and responsibilities of the department and the availability of resources. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

The provisions of this section apply only to new permit and license applications. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

1. Publication of timetables. No later than November 1st of each year, the commissioner shall publish processing timetables for each permit and license issued by the department. Permit and license processing timetables must be published simultaneously in all newspapers designated by the Secretary of State as papers of record under Title 5, section 8053, subsection 5 . The commissioner shall enter the published processing timetables into the record of the board at the first meeting of the board following publication. Except as provided in this section, the deadline governing the processing of an application is determined by the timetable in effect on the date the application is determined to be complete. [PL 2001, c. 212, §1 (AMD).]

2. Consultation. Prior to publishing timetables pursuant to subsection 1 , the commissioner shall review the proposed processing timetables with an advisory committee established for that purpose. The commissioner shall appoint the members of the advisory committee. In appointing the members, the commissioner shall seek to appoint a committee that is broadly representative of business, environmental and other interest groups. The purpose of the committee is solely advisory. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

3. Processing period. The processing period for an application begins on the date the commissioner notifies the applicant that the application is complete. Except as provided in paragraph A , the consent of the applicant is required to stop the processing period or to extend the deadline. A. The processing time for an application stops if: (1) The commissioner determines that a public hearing is required. Under this subparagraph, the processing period may be stopped only for as long as necessary to accommodate the public hearing process and must commence at the end of the comment period following the public hearing; (2) The board assumes jurisdiction over an application. If the board assumes jurisdiction over an application, the board shall set a new timetable for the application and shall stop the processing period or extend the deadline subject to the conditions of this subsection. The forfeiture provisions of subsection 5 do not apply to timetables set by the board; or (3) The commissioner determines that the applicant has significantly modified the application. Under this subparagraph, the processing period is stopped until the applicant and the commissioner agree to a new timetable. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).] B. The commissioner may stop the processing time with the consent of the applicant for any period of time agreeable to the commissioner and the applicant if the commissioner determines that: (1) Additional information is required from the applicant; (2) Agencies other than the department that are required to comment on an application do not respond within the time frames established by a memorandum of understanding between the agencies; or (3) The applicant wishes to stop the processing period or to extend the deadline. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).] Expiration of a processing period may not be the sole reason for denial of an application. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

4. Multiple permits. For projects that require more than one permit from the department, the commissioner and the applicant shall determine the timetable or timetables applicable to all permit or license applications required for that project at a presubmission meeting. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

5. Forfeiture. If the commissioner fails to approve or deny an application prior to the applicable deadline, the commissioner shall pay the applicant an amount equal to 50% of the permit or license processing fee. The remainder of the permit or license processing fee is payable to the applicant if the commissioner does not approve or deny the application within 120 calendar days after that deadline. Forfeitures payable under this subsection may not exceed the permit or license processing fee paid by the applicant. [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]

6. Report. [PL 2007, c. 619, §5 (RP).]
38 M.R.S. § 566-A — ME Code / Title 38 / Chapter 3 / Section 566-A
38 §566-A. Abandonment of underground oil storage facilities and tanks
Status: in_force

1. Abandonment. Except as provided by subsection 1‑A , all underground oil storage facilities and tanks that have been, or are intended to be, taken out of service for a period of more than 12 months must be properly abandoned by the owner or operator of the facility or tank or, if the owner or operator is unknown, dissolved or insolvent, by the current owner of the property where the facility or tank is located. All abandoned facilities and tanks must be removed, except where removal is not physically possible or practicable because the tank or other component of the facility to be removed is: A. Located beneath a building or other permanent structure; [PL 1987, c. 491, §14 (NEW).] B. Of a size and type of construction that it cannot be removed; [PL 1987, c. 491, §14 (NEW).] C. Otherwise inaccessible to heavy equipment necessary for removal; or [PL 1987, c. 491, §14 (NEW).] D. Positioned in such a manner that removal will endanger the structural integrity of nearby tanks. [PL 1987, c. 491, §14 (NEW).] [PL 2017, c. 333, §7 (AMD).]

1-A. Abandoned tanks brought back into service. Underground oil storage tanks and facilities that have been out of service for a period of more than 12 months may not be brought back into service without the written approval of the commissioner. The commissioner may approve the return to service if the owner demonstrates to the commissioner's satisfaction that: A. The facility is in compliance with this subchapter and rules adopted pursuant to this subchapter; [PL 2007, c. 655, §5 (AMD).] B. The underground oil storage tanks and piping have successfully passed testing as directed by the commissioner; [PL 2009, c. 501, §8 (AMD).] C. The underground oil storage tanks and piping are constructed of fiberglass, cathodically protected steel or other equally noncorrosive material approved by the commissioner; [PL 2009, c. 501, §8 (AMD).] D. The facility has conforming suction or double-walled pressurized piping; and [PL 2007, c. 655, §5 (NEW).] E. The return of the facility to service does not pose an unacceptable risk to groundwater resources. In determining if the facility poses an unacceptable risk to groundwater resources, the commissioner may consider the age and maintenance history of the storage tanks and piping, the number and consequences of past oil discharges from the tanks and piping, the proximity of the facility to drinking water supplies and the proximity of the facility to sensitive geologic areas. [PL 2007, c. 655, §5 (NEW).] The commissioner may not approve the return to service of a single-walled underground oil storage tank that has been out of service for more than 12 consecutive months. [PL 2017, c. 333, §8 (AMD).]

2. Notice of intent. The owner or operator of an underground oil storage facility or tank or, if the owner or operator is unknown, the current owner of the property where the facility or tank is located shall provide written notice of an intent to abandon an underground oil storage facility or tank to the commissioner and the fire department in whose jurisdiction the underground oil facility or tank is located prior to abandonment. [PL 2011, c. 206, §15 (AMD).]

3. Rulemaking. The department shall adopt rules allowing for the granting of a variance from the requirement of removal where abandonment by removal is not physically possible or practicable due to circumstances other than those listed in this subsection. The department shall adopt rules setting forth the proper procedures for abandonment of underground oil storage facilities and tanks, including requirements and procedures to conduct a site assessment for the presence of discharges of oil prior to completion of abandonment at facilities storing motor fuel or used in the marketing and distribution of oil, acceptable methods of disposing of the removed tanks, requirements for venting at least 12 feet above ground level flammable gases purged from tanks and from trucks removing oil from tanks and procedures for abandonment in place where removal of a tank or other component of a facility is determined not physically possible or practicable. [PL 2017, c. 333, §9 (AMD).]

4. Commissioner role. If the owner of an underground oil storage facility or tank fails to properly abandon the facility or tank within a reasonable time period, the commissioner may undertake the abandonment. The commissioner shall seek recovery of costs incurred to undertake the abandonment, whether from state or federal funds, in accordance with the procedures set forth in section 551, subsection 6 . Costs incurred by the commissioner to undertake the abandonment are a lien against the real estate of the owner as provided under section 551, subsection 6‑A . [PL 2015, c. 319, §22 (AMD).]

5. Qualified personnel. All abandoned facilities and tanks used for the storage of Class 1 liquids that require removal must be removed under the direct, on-site supervision of an underground oil storage tank installer certified pursuant to Title 32, chapter 104‑A . A. [PL 2007, c. 292, §33 (RP).] B. [PL 2007, c. 292, §33 (RP).] [PL 2007, c. 292, §33 (AMD).]

6. Underground gasoline storage tanks. [PL 2007, c. 292, §34 (RP).]
38 M.R.S. § 2154 — ME Code / Title 38 / Chapter 24 / Section 2154
38 §2154. Site selection
Status: in_force

1. Initial site screening. The bureau shall conduct a site screening and selection process to identify solid waste disposal capacity sufficient to meet the projected needs identified in the state planning process under section 2123‑A, subsection 4 . The bureau shall consider the need for geographic distribution of facilities to adequately serve all regions of the State. The bureau also shall consider in its site selection process the need for landfill capacity to dispose of incinerator ash resulting from the combustion of domestic and commercial solid waste generated within its jurisdiction. Prior to recommending a site, the bureau shall hold a public hearing in every municipality or plantation identified in the screening process as a potential site. For potential sites within an unincorporated township, the bureau shall hold a public hearing within the vicinity of the proposed site. Prior to submitting a recommended site to the department for review, the bureau must find that the recommended site meets the standards adopted under section 2153 . [PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Siting; general. Subsequent to the siting process under subsection 1 , the bureau shall identify additional sites as requested by the department and as capacity needs are identified in the state plan. The bureau shall employ the same criteria and considerations employed under subsection 1 . The bureau shall hold a public hearing in each municipality within which the bureau may recommend the location of any solid waste disposal or refuse-derived fuel processing facility. [PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Municipal reimbursement. At the conclusion of proceedings before the bureau conducted pursuant to subsection 1 , the bureau shall reimburse a municipality for eligible expenses incurred as a result of that municipality's direct, substantive participation in proceedings before the bureau. The amount reimbursed under this subsection may not exceed $50,000 for any municipality. For the purposes of this subsection, "eligible expenses" has the same meaning as "expenses eligible for reimbursement" under section 1310‑S, subsection 4 and any rules adopted by the Board of Environmental Protection pursuant to that section. [PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 1665-B — ME Code / Title 38 / Chapter 16-B / Section 1665-B
38 §1665-B. Mercury-added thermostats
Status: in_force

1. Definitions. For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Manufacturer" means a person who owns or owned a brand of mercury-added thermostats sold in the State before January 1, 2006. [PL 2009, c. 277, §4 (NEW).] B. "Mercury-added thermostat" or "mercury thermostat" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating or air conditioning equipment. "Mercury-added thermostat" or "mercury thermostat" includes a thermostat used to sense and control room temperature in residential, commercial, industrial and other buildings but does not include a thermostat used to sense and control temperature as part of a manufacturing process. [PL 2009, c. 277, §4 (NEW).] C. "Retailer" means a person who sells thermostats of any kind directly to homeowners or other nonprofessionals through any selling or distribution mechanism, including, but not limited to, sales using the Internet or catalogues. [PL 2009, c. 277, §4 (NEW).] D. "Wholesaler" means a business that the department determines is primarily engaged in the distribution and selling of heating, ventilation and air conditioning components to contractors that install heating, ventilation and air conditioning components. [PL 2011, c. 206, §28 (AMD).] E. "Contractor" means a person engaged in the business of installing, servicing or removing thermostats and other heating, ventilation and air conditioning components. [PL 2015, c. 83, §1 (NEW).] [PL 2015, c. 83, §1 (AMD).]

1-A. Prohibitions. The following prohibitions apply to the sale or distribution of mercury thermostats in the State. A. A person may not sell or offer to sell or distribute for promotional purposes a mercury thermostat. [PL 2009, c. 277, §5 (NEW).] B. A manufacturer not in compliance with this section is prohibited from offering any thermostat for sale in the State. A manufacturer not in compliance with this section shall provide the necessary support to retailers to ensure the manufacturer's thermostats are not offered for sale in this State. [PL 2009, c. 277, §5 (NEW).] C. A wholesaler or retailer may not offer for sale in this State any thermostat of a manufacturer that is not in compliance with this section. [PL 2009, c. 277, §5 (NEW).] [PL 2009, c. 277, §5 (NEW).]

2. Manufacturer responsibility. Each manufacturer of mercury-added thermostats that have been sold in this State shall, individually or collectively: A. Establish and maintain a collection and recycling program for out-of-service mercury-added thermostats. The collection and recycling program must be designed and implemented to ensure that: (1) A maximum rate of collection of mercury-added thermostats is achieved; (2) Handling and recycling of mercury-added thermostats are accomplished in a manner that is consistent with section 1663 , with other provisions of this chapter and with the universal waste rules adopted by the board pursuant to section 1319‑O ; (3) Authorized bins for mercury-added thermostat collection are made available at a reasonable one-time fee not to exceed $25 to all heating, ventilation and air conditioning supply, electrical supply and plumbing supply distributor locations that sell thermostats and to all retailers who volunteer to participate in the program; and (4) By January 1, 2007, authorized bins for mercury-added thermostat collection are made available at a reasonable one-time fee not to exceed $25 to municipalities and regions requesting bins for mercury-added thermostat collection at universal waste collection sites or at periodic household hazardous waste collection events, as long as the collection sites or events are approved by the department for mercury-added thermostat collections; [PL 2011, c. 420, Pt. E, §1 (AMD); PL 2011, c. 420, Pt. E, §5 (AFF).] B. Work cooperatively with the department and others in accordance with subsection 4 to establish appropriate systems in order to implement the plan developed pursuant to subsection 4 ; [PL 2005, c. 558, §1 (NEW).] C. Within 3 months after the department develops phase one of the plan required by subsection 4 , implement phase one of the plan; [PL 2005, c. 558, §1 (NEW).] D. Within 3 months after the department develops phase 2 of the plan required by subsection 4 , implement phase 2 of the plan; [PL 2005, c. 558, §1 (NEW).] E. Provide a financial incentive with a minimum value of $5 for the return of each mercury-added thermostat to an established recycling collection point; [PL 2015, c. 83, §2 (AMD).] F. [PL 2015, c. 83, §3 (RP).] G. Submit an annual report to the department by April 1st of each year. The report must be submitted on a form provided by the department and must include : (1) The number of mercury-added thermostats collected and recycled by that manufacturer pursuant to this section during the previous calendar year; (2) The estimated total amount of mercury contained in the thermostat components collected by that manufacturer pursuant to this section; (3) An evaluation of the effectiveness of the manufacturer's collection and recycling program and the financial incentive provided pursuant to paragraph E ; (5) A description of the education and outreach strategies employed during the previous calendar year to increase participation and collection rates and examples of education and outreach materials used; and (6) Modifications that the manufacturer is proposing to make in its collection and recycling program; and [PL 2015, c. 83, §4 (AMD).] H. Beginning January 1, 2010, submit a quarterly report to the department within 30 days after the end of each quarter that, for each shipment of thermostats received by the manufacturer or manufacturer's agent for recycling during the quarter, provides: (1) The collection location that shipped the thermostats; (2) The date the manufacturer received the shipment; (3) The number of mercury thermostats; and (4) The total amount of mercury collected. [PL 2009, c. 277, §9 (NEW).] [PL 2015, c. 83, §§2-4 (AMD).]

2-A. Wholesaler responsibility. A wholesaler may not sell a thermostat in the State unless the wholesaler acts as a collection site for thermostats that contain mercury. A wholesaler may meet the requirements of this subsection by participating as a collection site in a manufacturer collection and recycling program under subsection 2 . A wholesaler shall post in a prominent location open to public view a notice about the financial incentive plan developed pursuant to subsection 4 . The notice must be approved by the department and supplied by the manufacturer at no cost to the wholesaler. [PL 2009, c. 501, §24 (AMD).]

2-B. Termination of retailer participation. A manufacturer may terminate a retailer's participation in the collection program under subsection 2, paragraph A only after complying with the provisions of this subsection. A. The manufacturer must notify the retailer, in writing, of noncompliance with program policies and procedures and provide the retailer an opportunity to comply. [PL 2009, c. 277, §11 (NEW).] B. If the retailer continues to send in significant ineligible materials through the collection program after 2 written notices of noncompliance, the manufacturer may terminate the retailer's participation. [PL 2009, c. 277, §11 (NEW).] C. For termination to occur under this subsection, the manufacturer must notify the retailer and the department in writing. [PL 2009, c. 277, §11 (NEW).] [PL 2009, c. 277, §11 (NEW).]

3. Sales prohibition. [PL 2009, c. 277, §12 (RP).]

4. Financial incentive plan. The department shall develop a manufacturer financial incentive plan in 2 phases. By January 1, 2007, the department shall develop phase one of the plan, which must address collection of mercury-added thermostats from contractors and service technicians. By August 1, 2007, the department shall develop phase 2 of the plan, which must address collection of mercury-added thermostats from homeowners. The plan must be developed in consultation with a stakeholder group that includes representatives from the thermostat industry, environmental groups, thermostat wholesalers and service contractors. The plan must be developed in a manner that ensures to the maximum extent practical that: A. The capture rate of out-of-service mercury-added thermostats is maximized; [PL 2005, c. 558, §1 (NEW).] B. Adequate incentives and education are provided to contractors, service technicians and homeowners to encourage return of thermostats to established recycling collection points; [PL 2005, c. 558, §1 (NEW).] C. Administrative costs of the plan are minimized; [PL 2005, c. 558, §1 (NEW).] D. The plan encourages the purchase of nonmercury thermostats qualified by the United States Environmental Protection Agency's Energy Star program as replacements for mercury-added thermostats; and [PL 2005, c. 558, §1 (NEW).] E. Mechanisms are in place to protect against the fraudulent return of thermostats. [PL 2005, c. 558, §1 (NEW).] The plan must include a requirement that manufacturers provide a financial incentive with a minimum value of $5 for the return of each mercury-added thermostat to an established recycling collection point in accordance with subsection 2, paragraph E . The financial incentive may include, without limitation, cash, rebates, discounts, coupons or other incentives. [PL 2015, c. 83, §5 (AMD).]

5. Goals. The goal of the collection and recycling efforts under this section is to collect and recycle at least 125 pounds of mercury per year from mercury-added thermostats within 2 years after the development of phase one of the plan required by subsection 4 and at least 160 pounds of mercury per year within 3 years after the development of phase 2 of the plan required by subsection 4 . [PL 2005, c. 558, §1 (NEW).]

6. Report. Annually, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report that includes an evaluation of the effectiveness of the thermostat collection and recycling programs established under this section, information on actual collection rates and recommendations for any statutory changes concerning the collection and recycling of mercury-added thermostats. The report may be included in the report required pursuant to section 1772, subsection 1 . [PL 2013, c. 315, §1 (AMD).]
38 M.R.S. § 716 — ME Code / Title 38 / Chapter 5 / Section 716
38 §716. New complaints
Status: in_force

When either party is dissatisfied with the annual compensation established, a new complaint may be filed, and proceedings had and conducted substantially as in case of an original complaint.
38 M.R.S. § 1047 — ME Code / Title 38 / Chapter 10 / Section 1047
38 §1047. Inspection of sewers
Status: in_force

The officers or agents of a standard district have free access to all premises served by the standard district's sewers, at all reasonable hours, for inspection of plumbing and sewage fixtures, to ascertain the quality and quantity of sewage discharged and the manner of discharge, and to enforce this chapter and the rules prescribed by the trustees of the standard district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 585-G — ME Code / Title 38 / Chapter 4 / Section 585-G
38 §585-G. Motor vehicle inspection and maintenance program requirement
Status: in_force

The department shall submit to the United States Environmental Protection Agency a revision to the state implementation plan, required in the federal Clean Air Act, Section 110, 42 United States Code, Section 7410, that incorporates the motor vehicle inspection program under Title 29‑A, chapter 15, subchapter 1 , to meet the requirement for a vehicle emission control inspection and maintenance program in the federal Clean Air Act, Section 184, 42 United States Code, Section 7511c. [PL 1997, c. 786, §8 (NEW).]
38 M.R.S. § 1361 — ME Code / Title 38 / Chapter 13-B / Section 1361
38 §1361. Findings and purpose
Status: in_force

The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners and users of property near or adjacent to uncontrolled sites. [PL 1983, c. 569, §1 (NEW).]

The Legislature further finds that adequate measures must be taken to ensure that the threats posed by uncontrolled hazardous substance sites are abated, cleaned up or mitigated promptly. [PL 1983, c. 569, §1 (NEW).]

The Legislature further finds that it is in the public interest of the State and its citizens to provide the capacity for prompt and effective planning and implementation of plans to abate, clean up or mitigate threats posed or potentially posed by uncontrolled sites. This paramount state interest outweighs any burden, economic or otherwise, imposed by this chapter. [PL 1983, c. 569, §1 (NEW).]
38 M.R.S. § 1202-A — ME Code / Title 38 / Chapter 11 / Section 1202-A
38 §1202-A. Impact fees and connection fees; affordable housing
Status: in_force

Notwithstanding section 1202 , the trustees may reduce the impact fee or connection fee, as those terms are defined in Title 30‑A, section 5061 , for sewer service to newly constructed affordable housing in accordance with Title 30‑A, chapter 202‑A . [PL 2007, c. 174, §4 (NEW).]
38 M.R.S. § 2206 — ME Code / Title 38 / Chapter 24 / Section 2206
38 §2206. Hearings and appeals
Status: in_force

The department shall establish rules governing procedures for hearings and appeals under this article consistent with Title 5, chapter 375 . [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
38 M.R.S. § 560 — ME Code / Title 38 / Chapter 3 / Section 560
38 §560. Vessels at anchorage
Status: in_force

1. Purpose. The Legislature intends by the enactment of this section to exercise the police power of the State through the department by conferring upon the department the exclusive power to deal with the hazards and threats of danger and damage posed by the anchorage of oil-carrying vessels in the waters of the State. The purpose of rules adopted by the board is to protect the coastal waters, tidal flats, beaches and lands adjoining the waters of the State from damage by the intentional or accidental discharge of oil, other pollutants as defined in section 361‑A or air contaminants as defined in section 582 or explosion from the accumulation of gases aboard vessels and to prohibit interference with the harvesting of marine resources and aesthetic and recreational uses of coastal waters. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

2. Definitions. A. As used in this section, the word "anchorage" means the mooring for a period of definite or indefinite duration of a vessel designed or used to carry oil, which is not waiting for a scheduled loading or unloading of cargo in Maine waters, but does not include the mooring of a vessel for bunkering, maintenance, repair or overhaul, or in connection with or as a part of sea trials. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

3. Board to adopt rules. The board shall adopt rules limiting or, to the extent the board determines necessary, prohibiting the anchorage in Maine coastal waters, estuaries or rivers under the jurisdiction of the State of vessels designed or used to carry oil as cargo. All rules adopted by the board under this section do not apply to vessels at anchorage prior to July 1, 1975. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

4. Scope of rules. In adopting these rules, in addition to other provisions of this subchapter, the board's consideration must include, but is not limited to: A. The location, duration and type of anchorage; [PL 1975, c. 578 (NEW).] B. The type and capacity of vessels permitted anchorage; [PL 1975, c. 578 (NEW).] C. The systems and precautions necessary for safety on each vessel; [PL 1975, c. 578 (NEW).] D. The training, number and availability of crew members aboard each vessel; [PL 1975, c. 578 (NEW).] E. A requirement for contingency plans in the event of accident, fire, storm or other unforeseen acts; [PL 1975, c. 578 (NEW).] F. The protection of the natural environment, aesthetic and recreational uses of State waters; and [PL 1975, c. 578 (NEW).] G. The protection of the fisheries or fishing industry of the State. [PL 1975, c. 578 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

5. Exemption. The board may by rule exempt certain activities not inconsistent with the purposes of this section. An unpowered vessel of less than 500 barrels total oil storage capacity is exempt from the provisions of this section, provided that the vessel is subject to any applicable rules administered by the United States Coast Guard and the owner notifies the commissioner of the location and contents of the vessel within 7 days of establishing the anchorage. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

6. Prohibition. No person may have a vessel at anchorage in Maine waters for more than 7 days without a current license from the department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

7. Licenses and fees. A license is required for anchorage of a vessel in Maine waters and a fee of 1/2¢ per deadweight ton is due for each 30 days of anchorage or part thereof. The department may license properly treated effluents and emissions regulated by this section consistent with the other environmental laws of the State . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

8. Application for a license. Any person desiring to have a vessel at anchorage in Maine waters shall apply in writing to the commissioner and, shall publish public notice of the application and a brief summary in a paper of general circulation in the vicinity of the proposed activity and provide information as required by rule of the board. After receipt of the application, the department shall issue a license or deny a license giving the reasons therefor or order a hearing thereon. Any person denied a license without a hearing may request, in writing, within 30 days after notice of denial, a hearing before the department. The request must set forth in detail the findings to which that person objects, the basis of such objection and the nature of the relief requested. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]

9. Penalty. [PL 1977, c. 564, §139-A (RP).]

10. Board to solicit advice. The Board of Environmental Protection shall solicit the advice of the Commissioner of Marine Resources and the Commander of the United States Coast Guard prior to adopting any rules under this section. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §128 (AMD).]
38 M.R.S. § 973 — ME Code / Title 38 / Chapter 7 / Section 973
38 §973. Presumptions; double damages
Status: in_force

In prosecutions under section 971 if a log, mast or spar is found in the possession of the accused partly destroyed, partly sawed or manufactured, or with the marks cut out or altered, not being that person's property, it is presumptive evidence of that person's guilt. The burden of proof is then on that person. Whoever is guilty of the offense described in section 971 is liable to the owner, in a civil action, for double the value of the log, mast or spar so dealt with. [RR 2003, c. 2, §118 (COR).]
38 M.R.S. § 1665-A — ME Code / Title 38 / Chapter 16-B / Section 1665-A
38 §1665-A. Motor vehicle components
Status: repealed

Notwithstanding sections 1663 and 1664 , this section applies to a mercury-added product that is a motor vehicle component. [PL 2001, c. 656, §3 (NEW).]

1. Prohibition on sale of new motor vehicles with mercury switches. A person may not sell a motor vehicle manufactured on or after January 1, 2003 if it contains a mercury switch. A motor vehicle manufacturer may apply to the commissioner for an exemption from this prohibition. The commissioner may grant an exemption upon finding that: A. The manufacturer has provided assurance that a system exists for the proper removal and recycling of the mercury switch; and [PL 2001, c. 656, §3 (NEW).] B. Either of the following applies: (1) Use of the mercury switch is necessary to protect public health or safety; or (2) There are no technically feasible alternatives to the mercury switch at comparable cost. [PL 2001, c. 656, §3 (NEW).] [PL 2001, c. 656, §3 (NEW).]

2. Prohibition on replacement mercury light switches. Effective January 1, 2003, a person may not sell or distribute a mercury light switch for installation in a motor vehicle. [PL 2001, c. 656, §3 (NEW).]

3. Removal of certain mercury components when vehicle use ends. A person may not flatten, crush or bale a motor vehicle for the purpose of sending it to a scrap recycling facility, or arrange for a motor vehicle to be flattened, baled or crushed for that purpose, without first removing all mercury switches and mercury headlamps, except that a scrap recycling facility may agree to accept a motor vehicle that has not been flattened, crushed or baled. If a scrap recycling facility accepts such a motor vehicle, the scrap recycling facility is responsible for removing the mercury switches and mercury headlamps before the vehicle is flattened, crushed, baled or shredded. Upon removal, the components must be collected, stored, transported and otherwise handled in accordance with the universal waste rules adopted by the board under subsection 8 . [PL 2005, c. 148, §4 (RPR).]

4. Voluntary removal of mercury light switches prior to end of vehicle use. A motor vehicle dealer or any person engaged in motor vehicle repair or maintenance may participate in the mercury light switch removal and collection effort pursuant to subsection 5 , as long as the person notifies the department before commencing removal and receives such training as may be required by the department. Any person who removes a mercury light switch from a motor vehicle before the motor vehicle is removed from service shall affix an official sticker to the motor vehicle to indicate that the switch has been removed. The stickers may be obtained from the department and must be affixed to the doorpost or other location specified by the department. A person may not install a mercury light switch into a motor vehicle to which the sticker is affixed. [PL 2001, c. 656, §3 (NEW).]

5. Motor vehicle manufacturer responsibility. Manufacturers of motor vehicles sold in this State that contain mercury switches or mercury headlamps shall, individually or collectively, do the following: A. Establish a system to collect and recycle mercury switches removed pursuant to subsection 3 . The system may consist of consolidation facilities geographically located to serve all areas of the State to which the switches may be transported by the persons performing the removal or any other collection methodology approved by the department. The system must be convenient to use, must accept the switches free of charge and may not provide for collection of the switches at an automobile dealership; [PL 2009, c. 277, §3 (AMD).] B. Pay for each mercury switch brought to the consolidation facilities as partial compensation for the removal, storage and transport of the switches a minimum of $4 if the vehicle identification number or year, make and model of the source vehicle is provided. If the vehicle identification number or year, make and model of the source vehicle is not provided, no payment is required; [PL 2011, c. 206, §27 (AMD).] C. Ensure that mercury switches collected pursuant to paragraph A are managed in accordance with the universal waste rules adopted by the board under subsection 8 ; and [PL 2009, c. 277, §3 (AMD).] D. Provide the department and persons who remove motor vehicle components under this section with information, training and other technical assistance required to facilitate removal and recycling of the components in accordance with the universal waste rules adopted by the board under subsection 8 , including, but not limited to, information identifying the motor vehicle models that contain or may contain mercury switches or mercury headlamps. [PL 2001, c. 656, §3 (NEW).] The goal of this collection and recycling effort is to minimize mercury emissions to the environment by ensuring that all mercury switches are removed from motor vehicles for recycling before the vehicles are flattened, baled or crushed. In complying with the requirements of this subsection, manufacturers of motor vehicles shall establish a system that does not require a person who removes a mercury switch to segregate switches separately according to each manufacturer of motor vehicles from which the switches are removed. [PL 2011, c. 206, §27 (AMD).]

6. Department responsibility. The department shall: A. Assist those subject to the source separation requirements of this section by providing training on the universal waste rules adopted by the board under subsection 8 and by taking other steps as determined appropriate to provide for the safe removal and proper handling of motor vehicle components; [PL 2001, c. 656, §3 (NEW).] B. Design and distribute the stickers required under subsection 4 ; and [PL 2001, c. 656, §3 (NEW).] C. Make available to the public information concerning services to remove mercury light switches in motor vehicles. [PL 2001, c. 656, §3 (NEW).] [PL 2001, c. 656, §3 (NEW).]

7. Labeling. Effective July 15, 2002, the labeling requirements of section 1662 apply to motor vehicle components. In approving an alternative compliance plan for labeling for motor vehicles under section 1662 , the commissioner shall require a motor vehicle manufacturer to apply a doorpost label listing the mercury-added products that may be components in the motor vehicle. The commissioner may not require a manufacturer to affix a label to each mercury-added component. [PL 2001, c. 656, §3 (NEW).]

8. Rulemaking. The board shall revise the universal waste rules adopted pursuant to section 1319‑O, subsection 1, paragraph F as necessary to establish standards by which mercury switches in motor vehicles may be handled as universal waste. [PL 2001, c. 656, §3 (NEW).]

9. Reporting. Before January 1, 2003 and annually thereafter, motor vehicle manufacturers doing business in the State shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on any fee or other charge collected on the sale of new motor vehicles for the purpose of paying the cost of carrying out the manufacturer responsibilities under subsection 5 . The report must specify the amount of the fee or charge collected and how the amount of the fee or charge was determined. When the commissioner determines that the number of mercury switches available for collection is too small to warrant continuation of the program, the department shall recommend to the joint standing committee of the Legislature having jurisdiction over natural resources matters that the mercury switch removal, collection and recycling requirements of this section be repealed. The committee may report out a bill repealing this section. [PL 2007, c. 655, §19 (AMD).]
38 M.R.S. § 2014 — ME Code / Title 38 / Chapter 23 / Section 2014
38 §2014. Alternative method
Status: in_force

This chapter may not be construed to limit a municipality's home rule authority or its ability to form a watershed district through its interlocal cooperation authority under Title 30‑A, chapter 115 but provides an additional and alternative method for the formation of a watershed district and provides powers supplemental and additional to powers conferred by other laws, and may not be regarded as in derogation of or repealing any powers existing under any other law, either general, special or local. [PL 2009, c. 506, §2 (NEW); PL 2009, c. 506, §3 (AFF).]
38 M.R.S. § 362 — ME Code / Title 38 / Chapter 3 / Section 362
38 §362. Authority to accept federal funds
Status: in_force

The department is designated the public agency of the State for the purpose of accepting federal funds in relation to water pollution control, water resources and air pollution studies and control. The commissioner may, subject to the approval of the Governor, accept federal funds available for water pollution control, water resources and air pollution studies and control and meet such requirements with respect to the administration of the funds, not inconsistent with this subchapter, as are required as conditions precedent to receiving federal funds. The Treasurer of State shall be the appropriate fiscal officer of the State to receive federal grants on account of water pollution control, water resources and air pollution studies and control, and the State Controller shall authorize expenditures therefrom as approved by the commissioner. [PL 1983, c. 483, §6 (AMD).]
38 M.R.S. § 563-A — ME Code / Title 38 / Chapter 3 / Section 563-A
38 §563-A. Prohibition of nonconforming underground oil storage facilities and tanks
Status: in_force

1. Compliance schedule. Except as provided in subsections 1‑A and 1‑B , a person may not operate, maintain or store oil in a registered underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department after: A. October 1, 1989, if that facility or tank is more than 15 years old and is located in a sensitive geological area; [PL 1991, c. 66, Pt. B, §2 (RPR).] B. October 1, 1991, if that facility or tank is more than 25 years old or if that facility or tank is more than 15 years old and is located in a sensitive geological area; [PL 1991, c. 66, Pt. B, §2 (RPR).] C. October 1, 1994, if that facility or tank is more than 20 years old or if that facility or tank is more than 15 years old and is located in a sensitive geological area; and [PL 1991, c. 66, Pt. B, §2 (RPR).] D. October 1, 1997. [PL 1991, c. 66, Pt. B, §2 (RPR).] [PL 1991, c. 66, Pt. B, §2 (RPR).]

1-A. Compliance schedule for municipalities and school administrative units. A municipality or school administrative unit may not operate, maintain or store oil in a registered underground oil storage facility or tank that is not constructed of fiberglass, cathodically protected steel or other noncorrosive material approved by the department after: A. October 1, 1993, if that facility or tank is more than 25 years old or if that facility or tank is more than 15 years old and is located in a sensitive geological area; [PL 1991, c. 9, Pt. II, §6 (RPR).] B. October 1, 1995, if that facility or tank is more than 20 years old or if that facility or tank is 15 years old and is located in a sensitive geological area; or [PL 1991, c. 9, Pt. II, §6 (RPR).] C. October 1, 1998. [PL 1991, c. 9, Pt. II, §6 (RPR).] [PL 1991, c. 9, Pt. II, §6 (RPR).]

1-B. Exception. Airport aviation fuel hydrant piping systems are exempt from the schedule in subsection 1 provided that corrosion-induced leaks have not occurred and the system is not located in a sensitive geologic area. Owners and operators of airport aviation fuel hydrant piping systems must meet all applicable requirements of section 564 and of this subchapter. [PL 1991, c. 9, Pt. II, §7 (NEW).]

1-C. Extension. The removal requirement for an underground oil storage tank or facility prescribed in subsection 1 is extended 12 months if, prior to the removal date prescribed in subsection 1 , a person required to remove an underground oil storage facility or tank: A. Can not secure financing for that removal as evidenced by 3 letters from financial institutions; or [PL 1991, c. 433, §1 (NEW).] B. Can not obtain the services of a certified underground oil storage tank installer or remover required under section 566‑A as evidenced by 3 letters from certified underground oil storage tank installers or removers. [PL 1991, c. 433, §1 (NEW).] [PL 1991, c. 433, §1 (NEW).]

1-D. Prohibition on delivery. Effective May 1, 2002, a person may not deliver oil to an underground oil storage tank identified by the department as in violation of subsection 1 or 1‑A through the publication of a list of such nonconforming tanks. The department may revise the list as new information becomes available and shall take reasonable steps, such as targeted mailings and posting of information on the Internet, to disseminate the list of nonconforming tanks to persons in the oil delivery business. [PL 2001, c. 231, §18 (NEW).]

2. Consideration of sensitive geological areas. For the purposes of this section, an underground oil storage facility is not subject to subsection 1, paragraph A , regarding sensitive geological areas if the commissioner finds that: A. The applicant has demonstrated that: (1) The facility is located in a municipality with a population of more than 10,000; (2) All persons within 500 feet of the facility are served by a public drinking water supply; (3) The facility is not located within 2,000 feet of any source of supply of a public drinking water supply system; and (4) The facility is not located within 300 feet of any source of supply of a private drinking water supply system. [PL 1987, c. 491, §10 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §136 (AMD).]

3. Violations. After reasonable notice and hearing, if the commissioner finds that an owner of an underground oil storage facility has failed to correct any violations of this subchapter, the commissioner may impose on the owner a schedule that provides for the early application of any or all of the prohibitions contained in subsection 1 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §136 (AMD).]

4. Presumption of age. If the age of the underground oil storage facility or tank cannot be determined, it shall be presumed to be 20 years old as of October 1, 1989. [PL 1987, c. 491, §10 (NEW).]

5. Abandonment. All underground oil storage facilities subject to the prohibitions in this section and section 563, subsection 1 , shall be properly abandoned in accordance with section 566‑A prior to the applicable prohibition dates. [PL 1987, c. 491, §10 (NEW).]

6. Rules. The board may adopt rules necessary to administer this section. [PL 1987, c. 491, §10 (NEW).]

7. Report to Legislature. The commissioner shall report to the joint standing committee of the Legislature having jurisdiction over natural resources on or before January 1, 1989, on the progress made toward achieving the compliance schedule established by this section. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §136 (AMD).]

8. Repaired concrete underground oil storage tanks. The requirements of subsection 1 do not apply to underground oil storage tanks that are constructed primarily of concrete and that: A. Exceed 100,000 gallons in capacity; [PL 1991, c. 494, §2 (NEW).] B. Have been repaired after December 31, 1988; [PL 1991, c. 494, §2 (NEW).] C. Have environmental monitoring and other leak detection procedures approved by the commissioner, including monthly visual monitoring for oil and monthly visual inspection of the tank piping; and [PL 1999, c. 640, §1 (AMD).] D. Store only #6 fuel oil. [PL 1997, c. 167, §1 (AMD).] After July 1, 2002 or after a documented leak or subsurface discharge of oil, a person may not operate, maintain or store oil in a concrete underground oil storage facility or tank exempt under this subsection. An owner or operator of a concrete underground oil storage tank exempt under this subsection is not eligible for coverage from the fund of clean-up costs and 3rd-party damage claim costs under section 568‑A for any discharge discovered at that tank after October 1, 1997. [PL 1999, c. 640, §1 (AMD).]
38 M.R.S. § 1471 — ME Code / Title 38 / Chapter 14-A / Section 1471
38 §1471. Purpose
Status: in_force

In accordance with the United States Low-level Radioactive Waste Policy Act of 1980, Public Law 96-573, as amended by the United States Low-level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240, the State accepts its responsibility for providing for the capacity for the disposal of low-level radioactive waste generated within this State that consists of or contains Class A, B or C radioactive waste, as defined by the Code of Federal Regulations, Title 10, Section 61.55, as in effect on January 26, 1983, except for waste owned or generated by the United States Department of Energy or waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy or waste owned or generated as a result of any research, development, testing or production of any atomic weapon. It is the purpose of this subchapter to establish a program for the safe management of low-level radioactive waste, and to provide capacity for its disposal either within this State or in regional facilities. [PL 1985, c. 705, §1 (AMD).]
38 M.R.S. § 580-A — ME Code / Title 38 / Chapter 3-B / Section 580-A
38 §580-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 317, §17 (NEW).]

1. Allocation. "Allocation" means the number of carbon dioxide allowances to be credited to a carbon dioxide budget unit or to the general account of the sponsor of an approved carbon dioxide emissions offset project. [PL 2007, c. 317, §17 (NEW).]

1-A. Account. "Account" means a general account or a compliance account. [PL 2009, c. 200, §3 (NEW).]

2. Carbon dioxide allowance. "Carbon dioxide allowance" or "carbon dioxide emissions allowance" means a limited authorization by the department for the emission of up to one ton of carbon dioxide. [PL 2007, c. 317, §17 (NEW).]

3. Carbon dioxide budget unit. "Carbon dioxide budget unit" means any single fossil fuel fired unit that serves a generator with a nameplate capacity equal to or greater than 25 megawatts of electrical output. [PL 2007, c. 608, §4 (AMD).]

4. Carbon dioxide budget unit compliance account or compliance account. "Carbon dioxide budget unit compliance account" or "compliance account" means the account established by the department for a carbon dioxide budget unit wherein carbon dioxide emissions allowances and carbon dioxide offset allowances are held and available for compliance purposes under the carbon dioxide cap-and-trade program. [PL 2009, c. 200, §4 (AMD).]

5. Carbon dioxide emissions budget. "Carbon dioxide emissions budget" means the total amount of carbon dioxide emissions allowances allocated by the State on an annual basis. [PL 2007, c. 317, §17 (NEW).]

6. Carbon dioxide emissions offset project. "Carbon dioxide emissions offset project" means a project that reduces or avoids loading of carbon dioxide and other greenhouse gases in the atmosphere and is demonstrated to qualify as real, additional, verifiable, enforceable and permanent as those terms are defined in rules adopted by the department. "Carbon dioxide emissions offset project" includes, but is not limited to, landfill and agricultural methane capture and destruction, reduction in emissions of sulfur hexafluoride, sequestration of carbon due to forestry practices and reduction or avoidance of carbon dioxide emissions from natural gas, oil or propane end-use combustion due to end-use energy efficiency and other categories established by the department by rule. [PL 2013, c. 369, Pt. D, §2 (AMD).]

6-A. Carbon dioxide general account or general account. "Carbon dioxide general account" or "general account" means the account established by the department upon the request of an entity wherein the entity may hold carbon dioxide allowances and carbon dioxide offset allowances. The general account is separate from the compliance account. [PL 2009, c. 200, §5 (NEW).]

7. Carbon dioxide offset allowance. "Carbon dioxide offset allowance" means a carbon dioxide allowance awarded to the sponsor of a carbon dioxide emissions offset project. [PL 2007, c. 317, §17 (NEW).]

8. Combined cycle system. "Combined cycle system" means a system composed of one or more combustion turbines, heat recovery system generators and steam turbines configured to improve overall efficiency of electrical generation or steam production. [PL 2007, c. 317, §17 (NEW).]

9. Combined heat and power unit. "Combined heat and power unit" means a device that simultaneously generates electricity and thermal power and operates at a high level of output efficiency by utilizing the waste heat created as a by-product of electricity generation for domestic, commercial or industrial heating or cooling purposes, and whose useful thermal output equals at least 10% of the fossil fuel energy input of the unit. [PL 2007, c. 317, §17 (NEW).]

10. Electrical generating unit. "Electrical generating unit" means a fossil fuel fired combustion device that serves a generator. [PL 2007, c. 317, §17 (NEW).]

11. Fossil fuel. "Fossil fuel" means natural gas, petroleum, coal or any form of solid, liquid or gaseous fuel derived from such a material. [PL 2007, c. 317, §17 (NEW).]

12. Fossil fuel fired unit. "Fossil fuel fired unit" means: A. With regard to a unit that commenced operation prior to January 1, 2005, a unit fueled by the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted constitutes, or is projected to comprise, more than 50% of the annual heat input on a British Thermal Unit basis during any calendar year; or [PL 2007, c. 608, §5 (NEW).] B. With regard to a unit that commences operation on or after January 1, 2005, a unit fueled by the combustion of fossil fuel, alone or in combination with any other fuel, where the fossil fuel combusted constitutes, or is projected to comprise, more than 5% of the annual heat input on a British Thermal Unit basis during any calendar year. [PL 2007, c. 608, §5 (NEW).] [PL 2007, c. 608, §5 (AMD).]

13. Generator. "Generator" means a device that produces electricity and is required to be reported as a generating unit pursuant to the United States Department of Energy Form 860. [PL 2007, c. 317, §17 (NEW).]

14. Gross electrical generation. "Gross electrical generation" means the electrical output in megawatts at the terminals of the generator. [PL 2007, c. 317, §17 (NEW).]

15. Integrated manufacturing facility. "Integrated manufacturing facility" means a facility that: A. Received an air emissions license from the department prior to the effective date of this subsection; [PL 2007, c. 317, §17 (NEW).] B. Produces electricity from one or more carbon dioxide budget units, including one or more combined heat and power units, for transmission over the facilities of a transmission and distribution utility; and [PL 2007, c. 317, §17 (NEW).] C. Routinely produces one or more other products for sale. [PL 2007, c. 317, §17 (NEW).] [PL 2007, c. 317, §17 (NEW).]

16. Long-term electricity contract. "Long-term electricity contract" means a contract for a period of 3 years or more with a carbon dioxide budget unit for the purchase of electricity. [PL 2007, c. 317, §17 (NEW).]

17. Memorandum of Understanding; memorandum. "Memorandum of Understanding" or "memorandum" means the Regional Greenhouse Gas Initiative Memorandum of Understanding dated December 20, 2005 that establishes an electric power sector carbon emissions cap-and-trade program within the northeast region of the United States. [PL 2007, c. 317, §17 (NEW).]

17-A. Model rule. "Model rule" means the model rule, as amended, referenced in the memorandum of understanding. [PL 2013, c. 369, Pt. D, §3 (NEW).]

18. Nameplate capacity. "Nameplate capacity" means the maximum electrical generating output, expressed in megawatts, that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings. [PL 2007, c. 317, §17 (NEW).]

18-A. Proprietary information. "Proprietary information" means production, commercial or financial information claimed as confidential on documents required to be submitted to participate in an auction, the disclosure of which would impair the competitive position of the account holder and would make available information that is not otherwise available. [PL 2009, c. 200, §6 (NEW).]

18-B. Other independent system operator participating states. "Other independent system operator participating states" means the following states participating in the regional greenhouse gas initiative as of January 1, 2011 that are located within the New England independent system operator control area: Connecticut, Massachusetts, New Hampshire, Rhode Island and Vermont. [PL 2011, c. 277, §1 (NEW).]

19. Regional greenhouse gas initiative. "Regional greenhouse gas initiative" means the initiative referred to in the Memorandum of Understanding and the corresponding model rule that memorializes the ongoing cooperative effort by the State and other states to design and implement a regional carbon dioxide cap-and-trade program covering carbon dioxide emissions from electrical generating units in the signatory states. [PL 2007, c. 317, §17 (NEW).]

20. Regional organization. "Regional organization" means the entity that will manage the regional greenhouse gas initiative on a regional basis and with which the State contracts for related service. [PL 2007, c. 317, §17 (NEW).]

21. Regional transmission organization. "Regional transmission organization" means the independent systems operator that administers and oversees the wholesale electricity markets in which the State participates. [PL 2007, c. 317, §17 (NEW).]

22. Ton. "Ton" means 2,000 pounds. [PL 2007, c. 317, §17 (NEW).]

23. Transmission and distribution utility. "Transmission and distribution utility" means a transmission and distribution utility as defined in Title 35‑A, section 3201, subsection 6 , 12 or 16 . [PL 2007, c. 317, §17 (NEW).]
38 M.R.S. § 585-K — ME Code / Title 38 / Chapter 4 / Section 585-K
38 §585-K. Greenhouse gas emission standards; moratorium
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coal gasification facility" means a facility that uses a process other than the biological degradation of waste to convert coal or coal-derived materials into a synthesis gas or a product made from synthesis gas, including, without limitation, electricity, liquid fuels and chemicals. [PL 2009, c. 306, §1 (AMD).] B. "Greenhouse gas" has the same meaning as set forth in section 574 . [PL 2007, c. 584, §1 (NEW).] [PL 2009, c. 306, §1 (AMD).]

2. Greenhouse gas emission standards. The board shall establish by rule, and may thereafter amend, standards for the emission of greenhouse gases derived from coal gasification facilities that commence operations after August 1, 2008. Rules established pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 584, §1 (NEW).]

3. Moratorium. Between the effective date of this subsection and the earlier of the effective date of rules authorized pursuant to subsection 2 and August 1, 2011, the department may not issue any license or permit to a coal gasification facility that is not licensed under this chapter prior to August 1, 2008. [PL 2007, c. 584, §1 (NEW).]

4. Net emissions and carbon capture and sequestration. In calculating greenhouse gas emissions, carbon dioxide that is captured and used for a commercial purpose or that is permanently disposed of in geological formations in compliance with all applicable laws and rules may not be counted as emissions from the emission source. [PL 2007, c. 584, §1 (NEW).]

5. Air emission license requirements apply. The licensing requirements in section 590 and the prohibition in section 591 apply with regard to the standards established by the board pursuant to subsection 2 . The lack of ambient air quality standards for greenhouse gases does not supersede or invalidate this section. [PL 2007, c. 584, §1 (NEW).]

6. Criteria and procedures. The criteria and procedures in sections 585 and 585‑A govern the establishment of greenhouse gas emission standards under this section. Emission standards established pursuant to subsection 2 must be designed to achieve the goals of this chapter and chapter 3‑A . [PL 2007, c. 584, §1 (NEW).]

7. Construction; absence of limitation. Nothing in this section may be construed to limit the authority of the department or any agency or any political subdivision of the State to regulate any pollutant or air contaminant or to establish emission standards pursuant to section 585 . [PL 2007, c. 584, §1 (NEW).] Revisor's Note: §585-K. Idling requirements for motor vehciles (As enacted by PL 2007, c. 582, §1 is REALLOCATED TO TITLE 38, SECTION 585-L)
38 M.R.S. § 1671 — ME Code / Title 38 / Chapter 16-B / Section 1671
38 §1671. Interstate clearinghouse
Status: in_force

The department may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this chapter and to help coordinate reviews of the manufacturer notifications under section 1661‑B , applications for alternative labeling under section 1662 , education and outreach activities and any other activities related to the administration of this chapter. Notwithstanding section 1310‑B, subsection 2 , the department may provide the interstate clearinghouse with product information submitted to the department under section 1661‑A and the department and the interstate clearinghouse may compile or publish analyses or summaries of such information provided the analyses or summaries do not identify any manufacturer or reveal any confidential information. [PL 2001, c. 373, §6 (NEW).]
38 M.R.S. § 776 — ME Code / Title 38 / Chapter 5 / Section 776
38 §776. Appeals
Status: in_force

Any party aggrieved may appeal from the decision of said commissioners in the same manner and subject to the same conditions as in case of highways.
38 M.R.S. § 967 — ME Code / Title 38 / Chapter 6 / Section 967
38 §967. Enforcement, inspection and penalties for violations
Status: in_force

1. Effect of standards, rules and orders. Standards, rules and orders issued by the commission pursuant to this chapter have the force and effect of law. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Conformance required. A person may not undertake development except in conformance with this chapter and the standards, rules and orders issued by the commission pursuant to this chapter. Real estate or personal property may not exist or be used in violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Ensuring compliance; access. For the purposes of inspection and to ensure compliance with this chapter and standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations determined necessary to verify information presented to the commission and may obtain access to any lands and structures subject to this chapter. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Violations. A person who violates a provision of this chapter or of standards, rules and orders issued by the commission pursuant to this chapter commits a civil violation for which a fine of not more than $100 for each day of the violation may be adjudged. In addition, the person's permit, certificate of compliance or variance issued by the commission is subject to revocation. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

5. Falsification. A person who intentionally or knowingly falsifies a statement to the commission commits a civil violation for which a fine of not more than $1,000 may be adjudged. In addition, the person's permit, certificate of compliance or variance granted by the commission in reliance on such statement must be revoked. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

6. Additional remedies. In addition to enforcing any other penalties provided, either the commission or the Attorney General may institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate a violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

7. Commission's status. Subject to written approval of the Attorney General as provided in Title 5, section 191 and within the limits of the commission's budget, the commission may retain private counsel for the conduct of commission meetings and hearings and advice on other legal matters. [PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
38 M.R.S. § 341-G — ME Code / Title 38 / Chapter 2 / Section 341-G
38 §341-G. Board of Environmental Protection Fund
Status: in_force

The Board of Environmental Protection Fund is established to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any provision of law to the contrary, the funds identified in subsection 1 transfer annually to the Board of Environmental Protection Fund in an amount not to exceed $450,000. Money in the Board of Environmental Protection Fund may only be expended in accordance with allocations approved by the Legislature. [PL 2025, c. 2, Pt. M, §1 (AMD).]

1. Transfer funds. The amount transferred from each fund must be proportional to that fund's contribution to the total special revenues received by the department under chapter 2, subchapter 2 ; section 551 ; chapter 13, subchapter 4 ; and section 1364 . Any funds received by the board from the General Fund must be credited towards the amount owed by the Maine Environmental Protection Fund, chapter 2, subchapter 2 . [PL 2015, c. 494, Pt. A, §49 (RPR).]

2. Investment of funds. Money in the Board of Environmental Protection Fund not currently needed to meet the obligations of the board in the exercise of its responsibilities under this Title must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 496-C — ME Code / Title 38 / Chapter 3 / Section 496-C
38 §496-C. Limitations -- Article VI-C
Status: in_force

Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities. [PL 1969, c. 166, §4 (NEW).]
38 M.R.S. § 1319-C — ME Code / Title 38 / Chapter 13 / Section 1319-C
38 §1319-C. Definitions
Status: in_force

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1981, c. 478, §7 (NEW).]

1. Discharge. "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of hazardous waste onto the land or into the water or ambient air. [PL 1981, c. 478, §7 (NEW).]

2. Remove or removal. [PL 1985, c. 162, §10 (RP).]

3. Responsible party. "Responsible party" means any person who could be held liable under section 1319‑J . [PL 2009, c. 501, §15 (NEW).]
38 M.R.S. § 480-D — ME Code / Title 38 / Chapter 3 / Section 480-D
38 §480-D. Standards
Status: in_force

The department shall grant a permit upon proper application and upon such terms as it considers necessary to fulfill the purposes of this article. The department shall grant a permit when it finds that the applicant has demonstrated that the proposed activity meets the standards set forth in subsections 1 to 11 , except that when an activity requires a permit only because it is located in, on or over a community public water system primary protection area the department shall issue a permit when it finds that the applicant has demonstrated that the proposed activity meets the standards set forth in subsections 2 and 5 . [PL 2009, c. 615, Pt. E, §7 (AMD).]

1. Existing uses. The activity will not unreasonably interfere with existing scenic, aesthetic, recreational or navigational uses. In making a determination under this subsection regarding an expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4 , or an offshore wind power project, the department shall consider the development's or project's effects on scenic character and existing uses related to scenic character in accordance with Title 35‑A, section 3452 . In making a decision under this subsection regarding an application for an offshore wind power project, the department may not consider whether the project meets the specific criteria designated in Title 12, section 1862, subsection 2, paragraph A , subparagraph (6), divisions (a) to (d). This limitation is not intended to restrict the department's review of related potential impacts of the project as determined by the department. In making a determination under this subsection regarding an offshore wind terminal as defined in Title 35‑A, section 3410, subsection 1, paragraph D , the department shall consider the terminal's effects on scenic character and existing uses related to scenic character in accordance with Title 35‑A, section 3410 . [PL 2023, c. 481, §11 (AMD).]

2. Soil erosion. The activity will not cause unreasonable erosion of soil or sediment nor unreasonably inhibit the natural transfer of soil from the terrestrial to the marine or freshwater environment. [PL 1989, c. 430, §5 (AMD).]

3. Harm to habitats; fisheries. The activity will not unreasonably harm any significant wildlife habitat, freshwater wetland plant habitat, threatened or endangered plant habitat, aquatic or adjacent upland habitat, travel corridor, freshwater, estuarine or marine fisheries or other aquatic life. In determining whether mining, as defined in section 490‑MM, subsection 11 , will comply with this subsection, the department shall review an analysis of alternatives submitted by the applicant. For purposes of this subsection, a practicable alternative to mining, as defined in section 490‑MM, subsection 11, that is less damaging to the environment is not considered to exist. The department may consider alternatives associated with the activity, including alternative design and operational measures, in its evaluation of whether the activity avoided and minimized impacts to the maximum extent practicable. In determining whether there is unreasonable harm to significant wildlife habitat, the department may consider proposed mitigation if that mitigation does not diminish in the vicinity of the proposed activity the overall value of significant wildlife habitat and species utilization of the habitat and if there is no specific biological or physical feature unique to the habitat that would be adversely affected by the proposed activity. For purposes of this subsection, "mitigation" means any action taken or not taken to avoid, minimize, rectify, reduce, eliminate or compensate for any actual or potential adverse impact on the significant wildlife habitat, including the following: A. Avoiding an impact altogether by not taking a certain action or parts of an action; [PL 1987, c. 809, §2 (NEW).] B. Minimizing an impact by limiting the magnitude, duration or location of an activity or by controlling the timing of an activity; [PL 1987, c. 809, §2 (NEW).] C. Rectifying an impact by repairing, rehabilitating or restoring the affected environment; [PL 1987, c. 809, §2 (NEW).] D. Reducing or eliminating an impact over time through preservation and maintenance operations during the life of the project; or [PL 1987, c. 809, §2 (NEW).] E. Compensating for an impact by replacing the affected significant wildlife habitat. [PL 1987, c. 809, §2 (NEW).] [PL 2011, c. 653, §15 (AMD); PL 2011, c. 653, §33 (AFF).]

4. Interfere with natural water flow. The activity will not unreasonably interfere with the natural flow of any surface or subsurface waters. [PL 1987, c. 809, §2 (NEW).]

5. Lower water quality. The activity will not violate any state water quality law, including those governing the classification of the State's waters. [PL 1987, c. 809, §2 (NEW).]

6. Flooding. The activity will not unreasonably cause or increase the flooding of the alteration area or adjacent properties. [PL 1987, c. 809, §2 (NEW).]

7. Sand or gravel supply. If the activity is on or adjacent to a sand dune, it will not unreasonably interfere with the natural supply or movement of sand or gravel within or to the sand dune system or unreasonably increase the erosion hazard to the sand dune system. [PL 2003, c. 551, §8 (AMD).]

8. Outstanding river segments. If the proposed activity is a crossing of any outstanding river segment as identified in section 480‑P , the applicant shall demonstrate that no reasonable alternative exists which would have less adverse effect upon the natural and recreational features of the river segment. [PL 1987, c. 809, §2 (NEW).]

9. Dredging. If the proposed activity involves dredging, dredge spoils disposal or transporting dredge spoils by water, the applicant must demonstrate that the transportation route minimizes adverse impacts on the fishing industry and that the disposal site is geologically suitable. The Commissioner of Marine Resources shall provide the department with an assessment of the impacts on the fishing industry of a proposed dredging operation in the coastal wetlands. The assessment must consider impacts to the area to be dredged and impacts to the fishing industry of a proposed route to transport dredge spoils to an ocean disposal site. The Commissioner of Marine Resources may hold a public hearing on the proposed dredging operation. In determining if a hearing is to be held, the Commissioner of Marine Resources shall consider the potential impacts of the proposed dredging operation on fishing in the area to be dredged. If a hearing is held, it must be within at least one of the municipalities in which the dredging operation would take place. If the Commissioner of Marine Resources determines that a hearing is not to be held, the Commissioner of Marine Resources must publish a notice of that determination in a newspaper of general circulation in the area proposed for the dredging operation. The notice must state that the Commissioner of Marine Resources will accept verbal and written comments in lieu of a public hearing. The notice must also state that if 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources will hold a hearing. If 5 or more persons request a public hearing within 30 days of the notice publication, the Commissioner of Marine Resources must hold a hearing. In making its determination under this subsection, the department must take into consideration the assessment provided by the Commissioner of Marine Resources. The permit must require the applicant to: A. Clearly mark or designate the dredging area, the spoils disposal route and the transportation route; [PL 1997, c. 164, §1 (NEW); PL 1997, c. 164, §2 (AFF).] B. Publish in a newspaper of general circulation in the area adjacent to the route the approved transportation route of the dredge spoils; and [PL 1997, c. 164, §1 (NEW); PL 1997, c. 164, §2 (AFF).] C. Publish in a newspaper of general circulation in the area adjacent to the route a procedure that the applicant will use to respond to inquiries regarding the loss of fishing gear during the dredging operation. [PL 1997, c. 164, §1 (NEW); PL 1997, c. 164, §2 (AFF).] [PL 2001, c. 248, §1 (AMD).]

10. Significant groundwater well. If the proposed activity includes a significant groundwater well, the applicant must demonstrate that the activity will not have an undue unreasonable effect on waters of the State, as defined in section 361‑A, subsection 7 , water-related natural resources and existing uses, including, but not limited to, public or private wells within the anticipated zone of contribution to the withdrawal. In making findings under this subsection, the department shall consider both the direct effects of the proposed withdrawal and its effects in combination with existing water withdrawals. [PL 2007, c. 399, §12 (NEW).]

11. Offshore wind power project. This subsection applies to an offshore wind power project. A. If an offshore wind power project does not require a permit from the department pursuant to article 6 , the applicant must demonstrate that the generating facilities: (1) Will meet the requirements of the noise control rules adopted by the board pursuant to article 6 ; (2) Will be designed and sited to avoid unreasonable adverse shadow flicker effects; and (3) Will be constructed with setbacks adequate to protect public safety, while maintaining existing uses to the extent practicable. In making a finding pursuant to this paragraph, the department shall consider the recommendation of a professional, licensed civil engineer as well as any applicable setback recommended by a manufacturer of the generating facilities. [PL 2009, c. 615, Pt. E, §9 (NEW).] B. If an offshore wind power project does not require a permit from the department pursuant to article 6 , the applicant must demonstrate adequate financial capacity to decommission the offshore wind power project. [PL 2009, c. 615, Pt. E, §9 (NEW).] C. An applicant for an offshore wind power project is not required to demonstrate compliance with requirements of this article that the department determines are addressed by criteria specified in Title 12, section 1862, subsection 2, paragraph A , subparagraph (6). [PL 2009, c. 615, Pt. E, §9 (NEW).] [PL 2009, c. 615, Pt. E, §9 (NEW).]
38 M.R.S. § 953 — ME Code / Title 38 / Chapter 6 / Section 953
38 §953. Saco River Corridor established
Status: in_force

There is hereby created the Saco River Corridor, herein referred to as the "corridor," which includes the Saco River from the landward side of the rock jetty in Saco Bay to the New Hampshire border; the Ossipee River from its confluence with the Saco River to the New Hampshire border; and the Little Ossipee River from its confluence with the Saco River to the New Hampshire border at Balch Pond. [PL 1995, c. 171, §3 (AMD).]

The corridor also includes the lands adjacent to these rivers to a distance of 500 feet as measured on a horizontal plane from the normal or mean high water line of these rivers or to the edge of the 100-year floodplain if that extends beyond 500 feet, up to a maximum of 1,000 feet. [PL 1995, c. 171, §3 (AMD).]
38 M.R.S. § 43 — ME Code / Title 38 / Chapter 1 / Section 43
38 §43. -- distressed vessels
Status: in_force

When requested in writing by any person interested, port wardens shall survey the cargo of any vessel arriving in port in distress, and shall make and record in the books of their office, a full and particular report of the condition of said cargo, and of their recommendations in relation to the disposal of such portions of the same as in their judgment may not be in condition for reshipment, reference being had to the best interests of all concerned.
38 M.R.S. § 956 — ME Code / Title 38 / Chapter 6 / Section 956
38 §956. The comprehensive plan
Status: in_force

1. Guide for boundaries. The comprehensive plan submitted to the 106th Legislature by the Saco River Environmental Advisory Committee must be used as a guide by the planning boards of the municipalities within the corridor in making recommendations for district boundaries and by the commission in establishing final boundaries. The comprehensive plan may not be regarded as a final and complete design for the future of the land and water areas within the corridor, but as the basis of a continuing planning process to be carried out by the commission in conjunction with local officials, regional planning districts, councils of government and the Department of Agriculture, Conservation and Forestry. [PL 2011, c. 655, Pt. JJ, §35 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Prerequisites to amendment or revision. The commission shall not amend or revise the comprehensive plan, unless: A. The proposed amendment or revision has been submitted to the Southern Maine Regional Planning Commission, the Greater Portland Council of Governments and other appropriate agencies, which shall forward their comments and recommendations, if any, to the commission within 30 days; [PL 1979, c. 663, §233 (NEW).] B. The proposed amendment or revision has been submitted to the Department of Agriculture, Conservation and Forestry, which shall forward its comments and recommendations, if any, to the commission within 30 days; and [PL 2011, c. 655, Pt. JJ, §36 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] C. The commission has considered all the comments. [PL 1979, c. 663, §233 (NEW).] [PL 2011, c. 655, Pt. JJ, §36 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

3. Basis for amendment or revision. The commission shall have the authority, after notice and public hearing, to revise, expand or amend the comprehensive plan on the basis of new information, improved professional techniques or changing conditions in the corridor. [PL 1979, c. 663, §233 (NEW).]
38 M.R.S. § 353-B — ME Code / Title 38 / Chapter 2 / Section 353-B
38 §353-B. Annual waste discharge license fees
Status: in_force

1. Fees assessed. After the effective date of this section, licensees must pay annual waste discharge license fees. Annual waste discharge license fees for existing licensees are determined as set out in subsection 2 . Annual waste discharge license fees for new licensees, or licensees that have been reclassified to a new discharge group, are determined by the discharge group to which the facility is assigned. The fee for a new waste discharge license is the median fee for the selected discharge group, and this fee must be paid at the time of application. If the application for a new license is denied, 50% of the initial annual fee must be refunded. A. [PL 2011, c. 546, §1 (RP).] B. [PL 2011, c. 546, §1 (RP).] C. [PL 2011, c. 546, §1 (RP).] D. If there are no discharges pursuant to a waste discharge license during an entire year, the fee for that year must be reduced to 25% of the fee amount that would otherwise apply to that license. [PL 2011, c. 546, §1 (AMD).] E. If a licensee continues to discharge following expiration of the license, the licensee must continue to pay any applicable waste discharge license fees provided for in this section. This paragraph does not authorize the discharge and does not affect the applicability of any penalty or enforcement provision. [PL 2011, c. 546, §1 (AMD).] [PL 2011, c. 546, §1 (AMD).]

2. Fee amounts. Waste discharge license fees are determined as specified in this subsection. A. The fees for waste discharge license groups are the 2019 bill amounts increased by a factor of 1.4, unless otherwise indicated, as follows. Discharge group Basis for annual fee Median fee for discharge group Water quality improvement surcharge Publicly owned treatment facilities, 10,000 gallons per day or less annual fee 2019 bill amount $543 Publicly owned treatment facilities, more than 10,000 gallons per day to 0.1 million gallons per day annual fee 2019 bill amount $689 Publicly owned treatment facilities, more than 0.1 million gallons per day to 1.0 million gallons per day annual fee 2019 bill amount $1,063 Publicly owned treatment facilities, more than 1.0 million gallons per day to 5.0 million gallons per day annual fee 2019 bill amount $2,241 Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste annual fee 2019 bill amount $7,850 Major industrial facility, process wastewater (based on EPA list of major source discharges) annual fee 2019 bill amount $33,919 Other industrial facility, process wastewater annual fee 2019 bill amount $2,093 Food handling or packaging wastewater annual fee 2019 bill amount $1,135 Terrestrial fish-rearing facility 0.1 million gallons per day or less annual fee 2019 bill amount $538 Terrestrial fish-rearing facility over 0.1 million gallons per day annual fee 2019 bill amount $1,368 Marine aquaculture facility annual fee 2019 bill amount $529 Marine finfish aquaculture facility annual fee $1,682 $1,682 Noncontact cooling water annual fee 2019 bill amount $330 Industrial or commercial sources, miscellaneous or incidental nonprocess wastewater annual fee 2019 bill amount $626 Municipal combined sewer overflow annual fee 2019 bill amount $711 Sanitary wastewater, excluding overboard discharge annual fee 2019 bill amount $1,268 Sanitary overboard discharge, commercial sources annual fee 2011 bill amount $446 $75 Sanitary overboard discharge, residential sources 600 gallons per day or less annual fee 2011 bill amount $231 $75 Sanitary overboard discharge, residential sources more than 600 gallons per day annual fee 2011 bill amount $313 $75 Sanitary overboard discharge, public sources annual fee 2011 bill amount $315 $75 Aquatic pesticide application annual fee 2019 bill amount $1,110 Snow dumps annual fee 2019 bill amount $550 Salt and sand storage pile annual fee 2019 bill amount $738 Log storage permit annual fee 2019 bill amount $727 General permit coverage for industrial storm water discharges (except construction) annual fee 2019 bill amount $588 General permit coverage for marine aquaculture facility annual fee $1,682 $1,682 General permit coverage for municipal separate storm sewer system annual fee $1,306 $1,306 General permit coverage (other) annual fee 2019 bill amount $283 Experimental discharge license license fee 2019 bill amount $1,550 New or amended mixing zone, in addition to other applicable fees flat fee $9,254 --- Formation of sanitary district flat fee $693 --- Transfer of license for residential or commercial sanitary wastewater flat fee $140 --- On an annual basis, municipalities and publicly owned treatment works whose combined sewer overflows have the potential to affect shellfish harvesting areas as determined by the department by virtue of their locations within estuarine or marine waters of the State must be assessed a surcharge on their wastewater discharge licenses in a total amount of $12,000. This amount must be allocated among the municipalities and publicly owned treatment works according to their prior 3-year average annual flows as reported to the department. On an annual basis, publicly owned treatment works whose outfalls licensed for the discharge of treated effluent cause adjacent shellfish growing areas to be closed for the purposes of harvesting shellfish must be assessed a license surcharge in a total amount of $25,000. This amount must be allocated among the publicly owned treatment works according to the acreage that each licensed outfall closes. This acreage must be determined by the Department of Marine Resources in consultation with the department. [PL 2025, c. 62, §1 (AMD).] B. [PL 2011, c. 546, §2 (RP).] [PL 2025, c. 62, §1 (AMD).]

3. Schedule. The fee for existing licenses must be paid on the anniversary date of the license or another date initially established by the department. This date, once established, remains the scheduled date for paying the annual fee, regardless of future changes of the anniversary date. [PL 2011, c. 546, §3 (AMD).]

4. Renewals, amendments and modifications. Except for transfers of licenses for discharges of sanitary wastewater from commercial or residential sources as provided for in subsection 2 , there are no additional fees assessed for license renewals, amendments or modifications. Upon significant changes in discharge flow, a licensee may apply for modification of the license to change the licensed discharge flow. The percent change in discharge flow must be used to adjust the annual waste discharge license fee by an equivalent percentage. [PL 2011, c. 546, §3 (AMD).]

5. Nonpayment of fees. Failure to pay an annual fee within 30 days of the anniversary date of a license is sufficient grounds for revocation of the license, permit or privilege under section 342, subsection 11‑B . [PL 2015, c. 124, §4 (AMD).]

6. Initial year fee rates. [PL 2007, c. 558, §4 (RP).]

7. Revenues derived from surcharge. Revenues derived from a water quality improvement surcharge must be paid to the Treasurer of State, who shall credit those revenues to the Water Quality Improvement Fund established under section 424‑B . [PL 2009, c. 213, Pt. FFFF, §3 (NEW).]
38 M.R.S. § 347-A — ME Code / Title 38 / Chapter 2 / Section 347-A
38 §347-A. Violations
Status: in_force

1. General procedures. This subsection sets forth procedures for enforcement actions. A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation of this Title, of rules adopted under this Title or of the terms or conditions of a license, permit or order issued by the board or the commissioner, the commissioner may initiate an enforcement action by taking one or more of the following steps: (1) Resolving the violation through an administrative consent agreement pursuant to subsection 4 , signed by the violator and approved by the board and the Attorney General; (2) Referring the violation to the Attorney General for civil or criminal prosecution; (3) Scheduling and holding an enforcement hearing on the alleged violation pursuant to subsection 2 ; or (4) With the prior approval of the Attorney General, commencing a civil action pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3. [PL 2019, c. 315, §8 (AMD).] B. Before initiating a civil enforcement action pursuant to paragraph A , the commissioner shall issue a notice of violation to the person or persons the commissioner considers likely to be responsible for the alleged violation or violations. The notice of violation must describe the alleged violation or violations, to the extent then known by the commissioner; cite the applicable law, rule and term or condition of the license, permit or order alleged to have been violated; and provide time periods for the alleged violator to take necessary corrective action and to respond to the notice. For violations the commissioner finds to be minor, the notice may state that further enforcement action will not be pursued if compliance is achieved within the time period specified in the notice or under other appropriate circumstances. The commissioner is not required to issue a notice of violation before issuing an emergency order pursuant to subsection 3 or other applicable provision of this Title; nor is the commissioner required to issue a notice of violation before referring an alleged violation to the Attorney General for criminal prosecution or in a matter requiring immediate enforcement action. [PL 1993, c. 204, §1 (RPR).] C. [PL 1993, c. 204, §1 (RP).] D. [PL 1993, c. 204, §1 (RP).] [PL 2019, c. 315, §8 (AMD).]

2. Hearings. The commissioner shall give at least 30 days' written notice to the alleged violator of the date, time and place of any hearing held pursuant to subsection 1, paragraph A , subparagraph (3). The notice must specify the act or omission which is claimed to be in violation of law or regulation. Any hearing conducted under the authority of this subsection must be in accordance with the provisions of Title 5, chapter 375, subchapter IV . At the hearing, the alleged violator may appear in person or by attorney and answer the allegations of violation and file a statement of the facts, including the methods, practices and procedures, if any, adopted or used by that person to comply with this chapter and present such evidence as may be pertinent and relevant to the alleged violation. After hearing, or in the event of a failure of the alleged violator to appear on the date set for a hearing, the commissioner shall, as soon as practicable, make findings of fact based on the record and, if the commissioner finds that a violation exists, shall issue an order aimed at ending the violation. The person to whom an order is directed shall immediately comply with the terms of that order. [PL 1999, c. 127, Pt. A, §54 (AMD).]

3. Emergency orders. Whenever it appears to the commissioner, after investigation, that there is a violation of the laws or regulations the department administers or of the terms or conditions of any of the department's orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to the environment, the commissioner may order the person or persons causing or contributing to the hazard to immediately take such actions as are necessary to reduce or alleviate the danger. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. In the event that the persons are so numerous that the specified method of service is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner shall make the order known through prominent publication or announcement in news media serving the affected area. The person to whom the order is directed shall comply with the order immediately. The order may not be appealed to the Superior Court in the manner provided in section 346 , but within 48 hours after receipt of the order the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order was directed. The decision of the board may be appealed to the Superior Court in the manner provided by section 346 . [PL 2005, c. 330, §5 (AMD).]

3-A. Stop-work order. Notwithstanding any provision of law to the contrary, if the commissioner finds that an activity is being performed in a manner that violates this Title, a rule adopted pursuant to this Title or a term or condition of a license, permit or order issued by the board or the department and that the activity is creating an immediate and substantial adverse impact to a protected natural resource, as determined by the department, the commissioner may issue a stop-work order pursuant to this subsection requiring the cessation of the activity in whole or in part. As used in this subsection, "protected natural resource" has the same meaning as in section 480‑B, subsection 8 . A. A stop-work order under this subsection must be in writing and must identify: (1) The portion of the activity that must immediately cease; (2) The law, rule or term or condition of the license, permit or order that the activity violates; (3) The protected natural resource that is being substantially adversely impacted by the activity; (4) The duration for which the activity must be ceased; (5) The conditions under which the activity may resume, which must include, at a minimum, identification of the corrective actions necessary to restore the protected natural resource or remediate or abate the substantial adverse impacts to the protected natural resource from the activity and to prevent any further adverse impacts to the protected natural resource from the activity. Prior to the resumption of the activity subject to the stop-work order, the department shall conduct a site inspection to assess compliance with the conditions and requirements of the order; and (6) The process by which the person to whom the order is directed may respond to the order, or request that the commissioner rescind or modify the order, while the order is in effect. [PL 2023, c. 623, §2 (NEW).] B. The commissioner shall deliver a stop-work order under this subsection to the person responsible for the activity or, if delivery cannot be made to that person, to that person's employee, contractor or agent or to the owner of the property on which the activity is occurring. The commissioner shall also notify the municipality in which the activity is occurring regarding the issuance of the stop-work order. (1) Upon delivery of the stop-work order, the person to whom the order is directed shall comply with the order and immediately cease the activity subject to the order. (2) Upon the written request of the person to whom the stop-work order is directed, the commissioner may rescind or modify the order while the order is in effect. (3) The issuance of a stop-work order or the modification of an order by the commissioner may be appealed by the person to whom the order is directed to the Superior Court pursuant to the Maine Administrative Procedure Act. If the issuance or modification of the stop-work order is appealed to the Superior Court by the person to whom the order is directed, the order remains in effect and enforceable during the pendency of the appeal, except as otherwise provided in the order or by the commissioner or as ordered by the Superior Court. [PL 2023, c. 623, §2 (NEW).] C. If the activity subject to a stop-work order under this subsection is occurring under a license, permit or order issued by the board or the department, the duration of the stop-work order may not exceed 2 weeks from the date of issuance of the stop-work order. If the licensee, permittee or person subject to the order does not satisfy the conditions set forth in the stop-work order for the resumption of the activity, as determined by the commissioner, the commissioner may extend the stop-work order for an additional time period, not to exceed 4 weeks, necessary to satisfy those conditions. [PL 2023, c. 623, §2 (NEW).] D. A person who violates a stop-work order issued under this subsection is subject to a civil penalty of up to $5,000 per day, per violation of the order, payable to the State and recoverable in a civil action, in addition to any other penalties that may be imposed under section 349 . [PL 2023, c. 623, §2 (NEW).] E. Nothing in this subsection limits the department's authority to pursue other administrative or enforcement actions relating to the activities described in a stop-work order issued under this subsection. [PL 2023, c. 623, §2 (NEW).] [PL 2023, c. 623, §2 (NEW).]

4. Administrative consent agreements. Following issuance of a notice of violation pursuant to subsection 1 and after receipt of the alleged violator's response to that notice or expiration of the time period specified in the notice for a response, in situations determined by the commissioner appropriate for further enforcement action, the commissioner may send a proposed administrative consent agreement to the alleged violator or violators. A. Except as otherwise expressly agreed to by the Attorney General, all proposed administrative consent agreements must be reviewed and approved by the Department of the Attorney General before being sent to the alleged violator. [PL 1993, c. 204, §2 (NEW).] B. All proposed administrative consent agreements sent to the alleged violator must be accompanied by written correspondence from the department, in language reasonably understandable to a citizen, explaining the alleged violator's rights and responsibilities with respect to the proposed administrative consent agreement. The correspondence must include an explanation of the factors considered by the commissioner in determining the proposed civil penalty, a statement indicating that the administrative consent agreement process is a voluntary mechanism for resolving enforcement matters without the need for litigation and an explanation of the department's procedures for handling administrative consent agreements. The correspondence must also specify a reasonable time period for the alleged violator to respond to the proposed administrative consent agreement and offer the opportunity for a meeting with department staff to discuss the proposed agreement. Consent agreements shall, to the greatest extent possible, clearly set forth all the specific requirements or conditions with which the alleged violator must comply. [PL 1995, c. 123, §3 (AMD).] C. After a proposed administrative consent agreement has been sent to the alleged violator, the commissioner may revise and resubmit the agreement if further circumstances become known to the commissioner, including information provided by the alleged violator, that justify a revision. [PL 1993, c. 204, §2 (NEW).] D. The public may make written comments to the board at the board's discretion on an administrative consent agreement entered into by the board. [PL 2019, c. 315, §9 (AMD).] E. When the department and the alleged violator can not agree to the terms of a consent agreement and the department elects to bring an enforcement action in District Court pursuant to section 342, subsection 7 , the District Court shall refer the parties to mediation if either party requests mediation at or before the time the alleged violator appears to answer the department's complaint. The parties must meet with a mediator appointed by the Court Alternative Dispute Resolution Service created in Title 4, section 18‑B at least once and try in good faith to reach an agreement. After the first meeting, mediation must end at the request of either party. If the parties have been referred to mediation, the action may not be removed to Superior Court until after mediation has occurred. [PL 1995, c. 560, Pt. I, §16 (AMD).] [PL 2019, c. 315, §9 (AMD).]

5. Enforcement. All orders of the department and administrative consent agreements entered into by the department may be enforced by the Attorney General or the department. If any order of the department is not complied with, the commissioner shall immediately notify the Attorney General. [PL 2011, c. 538, §5 (AMD).]

6. Public participation in enforcement settlements. After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, Section 1251 et seq., as amended, in any civil enforcement action brought under this section, section 348 or 349 involving discharges regulated by the Federal Water Pollution Control Act, the department shall publish notice of and provide at least 30 days for public comment on any proposed settlement as follows. A. In the case of an administrative consent agreement, notice of the proposed agreement and the proposed agreement must be posted on the department's publicly accessible website at least 30 days before the board takes any action on the agreement. The Attorney General and the department shall receive and consider any written comments relating to the proposed agreement. [PL 2019, c. 315, §10 (AMD).] B. In the case of judicial enforcement, each proposed judgment by consent must be filed with the court at least 30 days before the judgment is entered by the court. Prior to the entry of judgment, notices of the proposed judgment must be published in a newspaper having general circulation in the area in which the alleged violation occurred, and the Attorney General and the department shall receive and consider, and file with the court, any written comments relating to the proposed judgment. [PL 1997, c. 794, Pt. A, §5 (NEW).] C. The Attorney General shall reserve the right to withdraw or withhold its consent to the proposed judgment if the comments, views or allegations concerning the judgment disclose facts or considerations that indicate that the proposed judgment is inappropriate, improper or inadequate and oppose an attempt by any person to intervene in the action. When the public interest in this notification process is not compromised, the Attorney General may permit an exception to publication as set forth in this section in a specific case where extraordinary circumstances require a period shorter than 30 days or a notification procedure other than that set forth in this section. [PL 1997, c. 794, Pt. A, §5 (NEW).] [PL 2019, c. 315, §10 (AMD).]

7. Landowner liability for actions of others. An owner, lessee, manager, easement holder or occupant of premises is not subject to criminal sanctions or civil penalties or forfeitures for a violation of laws or rules enforced by the department or the board if that person provides substantial credible evidence that the violation was committed by another person other than a contractor, employee or agent of the owner, lessee, manager, easement holder or occupant. This subsection does not prevent the department, the board or a court from requiring an owner, lessee, manager, easement holder or occupant of premises to remediate or abate environmental hazards or damage or to reimburse the department for the cost of such remediation or abatement. An owner, lessee, manager, easement holder or occupant of premises is subject to criminal sanctions or civil penalties or forfeitures for failure to comply with a lawful administrative order or court order to remediate or abate environmental hazards or damage. A. The department shall investigate substantiated allegations by an owner, lessee, manager, easement holder or occupant that the violation was caused by another person. [PL 2001, c. 365, §2 (NEW).] B. If an owner, lessee, manager, easement holder or occupant is subjected to criminal sanctions or civil penalties or forfeitures, or if such a person is required to remediate or abate environmental hazards or damage as a result of violations by another person, the owner, lessee, manager, easement holder or occupant has a cause of action against the actual violator to recover all damages and costs, including attorney's fees, incurred in connection with the environmental damage, and all costs, including attorney's fees, incurred in bringing the action to recover. [PL 2001, c. 365, §2 (NEW).] C. This subsection does not apply to persons who are defined as "responsible parties" under chapter 3, subchapters II‑A and II‑B ; chapter 13, subchapter II‑A ; or chapter 13‑B . [PL 2001, c. 365, §2 (NEW).] [PL 2001, c. 365, §2 (NEW).]

8. Limitations on air and wastewater discharge enforcement actions. [PL 2011, c. 350, §1 (RP).]

9. Limitations on enforcement actions. This subsection applies to enforcement actions for civil penalties. A. An enforcement action must be commenced by the commissioner or the Attorney General within 6 years of the following, whichever occurs latest: (1) The discovery by the commissioner or the Attorney General of an act or omission giving rise to a violation; (2) The identification by the commissioner or the Attorney General of the person responsible for the violation; and (3) The last day of an ongoing violation. [PL 2011, c. 350, §2 (NEW).] B. For purposes of this subsection, an enforcement action is commenced when any of the following occurs: (1) The commissioner proposes an administrative consent agreement in writing to the violator pursuant to subsection 4 ; (2) The commissioner schedules an enforcement hearing on the alleged violation pursuant to subsection 2 ; (3) The commissioner, with the prior approval of the Attorney General, files a complaint in District Court pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3; and (4) The Attorney General files a complaint in District Court or Superior Court. [PL 2011, c. 350, §2 (NEW).] C. The commencement of an enforcement action by any of the means set forth in paragraph B tolls the running of the 6-year limitation period for the purpose of bringing any other action pursuant to subsection 1, paragraph A . [PL 2011, c. 350, §2 (NEW).] [PL 2011, c. 350, §2 (NEW).]
38 M.R.S. § 817 — ME Code / Title 38 / Chapter 5 / Section 817
38 §817. Definitions
Status: in_force

As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 417, §6 (NEW).]

1. Board. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]

2. Commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]

3. Dam. "Dam" means any human-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or great pond and that is 2 feet or more in height and has an impounding capacity at maximum water storage elevation of 15 acre-feet or more. Any such artificial barrier constructed solely for the purpose of impounding water to allow timber to be floated downstream in a logging operation may not be considered a dam for the purposes of this article, unless it has been repaired, modified or maintained by or with the knowledge of the owner, lessee or person in control since the discontinuance of its use in connection with logging operations. Any adjacent property, easements, roads, bridges or works not necessary for the operation or maintenance of a dam or access to the dam are not included under the provisions of this article. [RR 2021, c. 2, Pt. B, §254 (COR).]

4. Department. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §191 (RP).]

5. Height. "Height" means, in reference to a dam, the vertical distance in feet from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier, if it is not across a stream channel or watercourse, to the maximum capable water storage elevation. [PL 1983, c. 417, §6 (NEW).]

6. Littoral proprietor. "Littoral proprietor" means an owner or lessee of property on the shore of a lake impounded by a particular dam. [PL 1983, c. 417, §6 (NEW).]

7. Person. "Person" means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity. [PL 1983, c. 417, §6 (NEW).]

8. Public safety. [PL 1989, c. 545, §7 (RP).]

9. Riparian proprietor. "Riparian proprietor" means an owner or lessee of property on the bank of a river or stream or shore of a pond or other small body of water impounded by a particular dam. [PL 1983, c. 417, §6 (NEW).]
38 M.R.S. § 1155 — ME Code / Title 38 / Chapter 11 / Section 1155
38 §1155. Crossing other public utilities
Status: in_force

If any sewer line of any sanitary district formed under this chapter crosses the property or line of any other public utility, unless consent is given by such other public utility as to place, manner and conditions of the crossing within 30 days after such consent is requested by such district, the Public Utilities Commission shall determine the place, manner and conditions of such crossing; and all work on the property of such public utility shall be done under the supervision and to the satisfaction of such public utility, but at the expense of the district. If any sewer line of any sanitary district as provided above crosses the property or line of any railroad corporation, the procedure shall be the same as stated in the preceding sentence, except that the Department of Transportation shall be substituted for the Public Utilities Commission. Nothing herein contained shall be construed as authorizing any such sanitary district to take by right of eminent domain any of the property or facilities of any other public utility used, or acquired for future use by the owner thereof, in the performance of a public duty unless expressly authorized by special Act of the Legislature. [PL 1981, c. 469, §61 (AMD).]
38 M.R.S. § 480-F — ME Code / Title 38 / Chapter 3 / Section 480-F
38 §480-F. Delegation of permit-granting authority to municipality; home rule
Status: in_force

1. Delegation. A municipality may apply to the board for authority to issue all permits under this article or for partial authority to process applications for permits involving activities in specified protected natural resources or for activities included in chapter 305 of the department's rules, addressing permit by rule. The board shall grant such authority if it finds that the municipality has: A. Established a planning board and a board of appeals; [PL 1997, c. 364, §19 (RPR).] B. Adopted a comprehensive plan and related land use ordinances determined by the former State Planning Office or the Department of Agriculture, Conservation and Forestry to be consistent with the criteria set forth in Title 30‑A, chapter 187, subchapter 2 and determined by the commissioner to be at least as stringent as criteria set forth in section 480‑D ; [PL 2011, c. 655, Pt. FF, §11 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] C. The financial, technical and legal resources to adequately review and analyze permit applications and oversee and enforce permit requirements; [PL 1997, c. 364, §19 (RPR).] D. Made provision by ordinance or rule for: (1) Prompt notice to the commissioner of all applications received except for those activities included in chapter 305 of the department's rules, addressing permit by rule; and (2) Prompt notice to the public upon receipt of application and written notification to the applicant and the commissioner of the issuance or denial of a permit stating the reasons for issuance or denial, except for those applications for which no public notice or written decision is required; [PL 1997, c. 364, §19 (RPR).] E. Provided an application form that is substantially the same as that provided by the commissioner; and [PL 1997, c. 364, §19 (RPR).] F. Appointed a code enforcement officer, certified pursuant to Title 30‑A, section 4451 . [PL 2011, c. 655, Pt. FF, §12 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF).] [PL 2011, c. 655, Pt. FF, §§11, 12 (AMD); PL 2011, c. 655, Pt. FF, §16 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Procedure. The following procedures apply to applications under this article processed by municipalities. A. For applications processed by municipalities except those described in chapter 305 of the department's rules, no permit issued by a municipality may become effective until 30 days subsequent to its receipt by the commissioner, but, if approved by the department in less than 30 days, the effective date is the date of approval. A copy of the application for the permit and the permit issued by the municipality must be sent to the commissioner, immediately upon its issuance, by registered mail. The department shall review that permit and either approve, deny or modify it as necessary. If the department does not act within 30 days of its receipt of the permit by the municipality, this constitutes its approval and the permit is effective as issued, except that within this 30-day period the department may extend the time for its review an additional 30 days. [PL 1997, c. 364, §20 (NEW).] B. For those applications for approval of activities described in chapter 305 of the department's rules, a copy of the municipality's action to approve or deny an application must be sent to the commissioner within 14 days of the municipality's decision. [PL 1997, c. 364, §20 (NEW).] [PL 1997, c. 364, §20 (RPR).]

3. Home rule. Nothing in this article may be understood or interpreted to limit the home rule authority of a municipality to protect the natural resources of the municipality through enactment of standards that are more stringent than those found in this article. [PL 1987, c. 809, §2 (NEW).]

4. Joint enforcement. Any person who violates any permit issued under this section is subject to the provisions of section 349 in addition to any penalties which the municipality may impose. The provisions of this section may be enforced by the commissioner and the municipality that issued the permit. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §74 (AMD).]
38 M.R.S. § 1310-V — ME Code / Title 38 / Chapter 13 / Section 1310-V
38 §1310-V. Moratorium
Status: in_force

Prior to 91 days after the First Regular Session of the 113th Legislature adjourns, the department may not process or act upon any application or issue a license for a new commercial landfill facility or the substantial expansion of a commercial landfill facility. In processing applications after the moratorium, priority must be given to applications for commercial landfill facilities used for the disposal of solid waste that is generated by an energy recovery facility designed to reduce the volume or alter the physical characteristics of municipal solid waste and to produce electricity through incineration. Notwithstanding the provisions of Title 1, section 302 , any application for a new or substantially expanded commercial landfill facility pending or filed after the effective date of this article and any application for an expanded commercial landfill facility filed after October 8, 1987, is subject to departmental rules regarding solid waste adopted pursuant to section 1304 and the provisions of Private and Special Law 1987, chapter 28. Notwithstanding other provisions of this Title, the department may not issue a license for a new or substantially expanded commercial landfill facility under this article or for an expanded commercial landfill facility, the application for which was filed after October 8, 1987, until the board has adopted rules pursuant to the provisions of Private and Special Law 1987, chapter 28. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §252 (AMD).]

For the purposes of this section, the term, "commercial landfill facility" is defined pursuant to section 1303‑C , except that the term does not include a waste facility that is controlled by the owners of an energy recovery facility or facilities and that is used exclusively for the disposal of ash or other wastes processed and thereby generated by such energy recovery facility or facilities. [PL 1989, c. 878, Pt. B, §41 (AMD).]
38 M.R.S. § 551 — ME Code / Title 38 / Chapter 3 / Section 551
38 §551. Maine Ground and Surface Waters Clean-up and Response Fund
Status: in_force

The Maine Ground and Surface Waters Clean-up and Response Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $18,500,000. The Department of Environmental Protection shall collect fees in accordance with subsection 4 . To this fund are credited all license and registration fees, fees for late payment or failure to register, penalties, transfer fees, reimbursements, assessments and other fees and charges related to this subchapter and subchapter 2‑B . To this fund are charged any and all expenses of the department related to this subchapter, including administrative expenses, costs of removal of discharges of pollutants, 3rd-party damages, costs of cleanup of discharges of oil and oil by-products, including, but not limited to, restoration of water supplies and any obligations of the State pursuant to Title 10, section 1024, subsection 1 . [PL 2015, c. 319, §16 (AMD).]

Money in the fund not needed currently to meet the obligations of the department in the exercise of its responsibilities under this subchapter must be deposited with the Treasurer of State to the credit of the fund, and may be invested in such manner as is provided for by statute. Interest received on that investment must be credited to the fund. [PL 2015, c. 319, §16 (AMD).]

1. Research and development. [PL 1993, c. 720, §2 (AMD); MRSA T. 38 §551, sub-§1 (RP).]

1-A. Sensitive area data management and mapping. [PL 2015, c. 319, §16 (RP).]

1-B. Research and development. The Legislature may allocate not more than $100,000 per annum of the amount currently in the fund to be devoted to research and development in the causes, effects and removal of pollution caused by oil on waters of the State. Such allocations must be made in accordance with section 555 . [PL 2015, c. 319, §16 (AMD).]

2. Third-party damages. Any person claiming to have suffered property damage or actual economic damages, including, but not limited to, loss of income and medical expenses arising from physical bodily injury, directly or indirectly as a result of a discharge of oil prohibited by section 543 including all discharges of oil from interstate pipelines, in this subsection called "the claimant," may apply within 12 months after the occurrence of a discharge to coastal waters and for other discharges within 2 years after the occurrence or discovery of the injury or damage, whichever date is later, to the commissioner stating the amount of damage alleged to have been suffered as a result of that discharge. The commissioner shall prescribe appropriate forms and details for the applications. The commissioner may contract with insurance professionals to process claims. The commissioner may, upon petition and for good cause shown, waive the time limitation for filing damage claims. All 3rd-party damage claims for which no determination of award has been made must be processed in accordance with the substantive and procedural provisions of this section. A. When a responsible party is known, the commissioner shall send by certified mail to the responsible party notice of claim and written notice of the right to join the 3rd-party damage claim process as an interested party. A responsible party shall provide written notification to the department of the responsible party's intent to join within 10 working days of receipt of this notice. If the responsible party joins as an interested party and formally agrees in writing to the amount of the damage claim, the determination of the amount of the claim and award is binding in any subsequent action for reimbursement to the fund. If a claimant has not been compensated for 3rd-party damages by the responsible party or the expenses are above the responsible party's deductible and the claimant, the responsible party and the commissioner agree as to the amount of the damage claim, or if the responsible party does not join as an interested party or when the responsible party is not known after the commissioner has exercised reasonable efforts to ascertain the responsible party, and the claimant and the commissioner agree as to the amount of the damage claim, the commissioner shall certify the amount of the claim and the name of the claimant to the Treasurer of State and the Treasurer of State shall pay the amount of the claim from the fund. [PL 2015, c. 319, §16 (AMD).] B. If the claimant, the responsible party and the commissioner are not able to agree as to the amount of the damage claim, or if the responsible party does not join as an interested party or when the responsible party is not known after the commissioner has exercised reasonable efforts to ascertain the responsible party, and the claimant and the commissioner are not able to agree as to the amount of the damage claim, the claim is subject to subsection 3‑A . [PL 1991, c. 817, §11 (AMD).] C. Third-party damage claims must be stated in their entirety in one application. Damages omitted from any claim at the time the award is made are waived unless the damage or injury was not known at the time of the claim. [PL 1991, c. 817, §11 (AMD).] D. Damage claims arising under this subchapter that are a result of a prohibited discharge to coastal waters are recoverable only in the manner provided under this subchapter, it being the intent of the Legislature that the remedies provided in this subchapter for discharges to coastal waters are exclusive. [PL 1991, c. 817, §11 (AMD).] E. Awards from the fund on damage claims may not include any amount the claimant has recovered, on account of the same damage, by way of settlement with the responsible party or the responsible party's representatives or judgment of a court of competent jurisdiction against the responsible party to the extent these amounts are duplicative. [PL 1991, c. 817, §11 (AMD).] F. A claimant shall take all reasonable measures to prevent and minimize damages suffered by the claimant as a result of a discharge of oil. Reasonable measures include title searches and site assessments for the acquisition of commercial or industrial properties. [PL 1991, c. 817, §11 (NEW).] G. The remedies provided for 3rd-party damage claims compensated under this subchapter are nonexclusive for damages that are not a result of prohibited discharges to coastal waters. A court awarding damages to a claimant as a result of a discharge of oil to surface waters prohibited by section 543 shall reduce damages awarded by any amounts received from the fund to the extent these amounts are duplicative. [PL 1991, c. 817, §11 (NEW).] H. Payments from the fund for 3rd-party damage claims may not exceed $200,000 per claimant except when the damages are a result of a discharge to coastal waters or when the claimant is a publicly owned or operated public water system. [PL 2015, c. 319, §16 (AMD).] I. A 3rd-party damage claim for damages to real estate may not include the devaluation of the real estate associated with the loss of a water supply if the commissioner finds under section 548 or section 568, subsection 2 that a public or private water supply is available and if that water supply best meets the criteria of that section and the property owner did not agree to be served by that public or private water supply. 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: (1) A 3rd party may not recover damages under this subchapter for expenses incurred in treating or replacing the well if the well is installed in an area delineated as contaminated as provided in section 548, subsection 1 ; and (2) A 3rd-party damage claim under this subchapter with regard to treatment or replacement of the well is limited to reimbursement of the expense of installing the well and its proper abandonment if the well is installed in any other area. For purposes of this paragraph, "viable community public water system" has the same meaning as in section 548 . [PL 2015, c. 319, §16 (AMD).] J. A claimant is not eligible for compensation under this subsection for costs, expenses or damages related to a discharge if the commissioner determines that the claimant is a responsible party. [PL 2015, c. 319, §16 (AMD).] K. Prior to forwarding a claim to the hearing examiner under subsection 3‑A , the commissioner may require that the amount of the claim be finalized. [PL 1991, c. 817, §11 (NEW).] L. Third-party damage claims may not include expenditures for the preparation and prosecution of the damage claim, such as legal fees or real estate appraisal fees. [PL 1991, c. 817, §11 (NEW).] M. The commissioner may dismiss a 3rd-party damage claim for untimely filing, for failure by the claimant to provide the information necessary to process the claim within 60 days after the claimant receives written notice that the claim is insufficient for processing or for ineligibility as determined by the commissioner under paragraph J . A dismissal may be appealed to Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2003, c. 551, §10 (NEW).] [PL 2015, c. 319, §16 (AMD).]

2-A. Exceptions; 3rd party damage claims. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §118 (RP).]

2-B. Claimant contact. When the commissioner becomes aware of a claimant under subsection 2 , the commissioner shall send a letter by certified mail to inform that person of the 3rd-party damage claims process under subsection 2 . The letter must contain the name and telephone number of a contact person available to explain the claims procedure. [PL 1991, c. 817, §12 (NEW).]

3. Board of Arbitration. [PL 1991, c. 817, §13 (RP).]

3-A. Determination of disputed 3rd-party damage claims. The commissioner shall establish a disputed claims processing capability within the department to hear and determine claims filed under this subchapter that are not agreed upon by the claimant and the commissioner and any responsible party who has joined as an interested party. A. An independent hearing examiner appointed by the commissioner shall hear and determine any disputed 3rd-party damage claims. The parties to the hearing are the commissioner and the claimant. [PL 1991, c. 817, §14 (NEW).] B. To the extent practical, all claims arising from or related to a common discharge must be heard and determined by the same hearing examiner. [PL 1991, c. 817, §14 (NEW).] C. Hearings before the hearing examiner are informal and the rules of evidence applicable to judicial proceedings are not binding. The hearing examiner may administer oaths and require by subpoena the attendance and testimony of witnesses and the production of books, records and other evidence relative or pertinent to the issues presented to the hearing examiner for determination. [PL 1991, c. 817, §14 (NEW).] D. Determinations made by the hearing examiner are final and those determinations may be subject to review by a Justice of the Superior Court, but only as to matters related to abuse of discretion by the hearing examiner. The party seeking review of a hearing examiner's determination must file an appeal in the Superior Court within 30 days of the determination. Determinations made by the hearing examiner must be accorded a presumption of regularity and validity in a subsequent reimbursement action, but this presumption may be rebutted by responsible parties. [PL 1993, c. 355, §12 (AMD).] E. The commissioner shall certify the amount of the damage award, if any, after determination by the hearing examiner and shall certify the name of the claimant to the Treasurer of State. [PL 1991, c. 817, §14 (NEW).] [PL 1993, c. 355, §12 (AMD).]

4. Funding. The fund is funded pursuant to this subsection. A. A fee is assessed on the first transfer of products listed in this subsection by oil terminal facility licensees and on a person required to register with the commissioner under section 545‑B who first transports oil into the State. These fees must be paid monthly on the basis of records certified to the commissioner. License fees must be paid to the department and upon receipt by it credited to the fund. [PL 2015, c. 319, §16 (AMD).] A-1. A fee is assessed of: (1) Three cents per barrel of unrefined crude oil and liquid asphalt; (2) Seven cents per barrel of #6 fuel oil; (3) Twenty-two cents per barrel of #2 fuel oil, kerosene, jet fuel, diesel fuel and other refined products and their by-products not otherwise specified in this subsection, excluding liquid asphalt; and (4) Forty-one cents per barrel of gasoline. This paragraph does not apply to waste oil transported into the State in any motor vehicle that has a valid license issued by the department for the transportation of waste oil pursuant to section 1319‑O, subsection 1, paragraph C and is subject to fees established under section 1319‑I . [PL 2015, c. 319, §16 (NEW).] B. [PL 1991, c. 817, §15 (RP).] C. [PL 1985, c. 496, Pt. A, §13 (RP).] D. A person subject to this subsection shall make available to the commissioner and the commissioner's authorized representatives all documents relating to the oil the person transported or transferred during the period of registration or the licensed period. [PL 2015, c. 319, §16 (AMD).] E. When the commissioner projects that the fund balance will reach $18,500,000, the commissioner shall provide a 15-day notice that the per barrel fees assessed under this subsection will be suspended. The $18,500,000 fund limit may be exceeded to accept transfer fees assessed or received after the 15-day notice has been issued. Following any suspension of fees assessed under this subsection, the commissioner shall provide a 15-day advance notice to licensees before fees are reimposed. [PL 2015, c. 319, §16 (AMD).] F. If the fund balance is reduced to $6,000,000 or less, the Clean-up and Response Fund Review Board under section 568‑B may adopt rules increasing the fees imposed under paragraph A‑1 by up to 20¢ per barrel for gasoline and up to 10¢ per barrel for other petroleum products, except unrefined crude oil, liquid asphalt and #6 fuel oil, as necessary to avoid a shortfall in the fund. The Clean-up and Response Fund Review Board may use the emergency rule-making procedures under Title 5, section 8054 if necessary to ensure that the fee increase is instituted in time to avoid a shortfall. Any fee increase adopted pursuant to this paragraph terminates and the fees imposed under paragraph A‑1 apply when the fund balance reaches $10,000,000. [PL 2015, c. 319, §16 (NEW).] [PL 2015, c. 319, §16 (AMD).]

4-A. Penalty for late payment of fees. Fees assessed under subsection 4 are due to the department on or before the last day of the month immediately following the month in which the oil was transferred or first transported in this State. Licensees or registrants who fail to pay the fee by that date shall pay an additional amount equal to 10% of the amount assessed under subsection 4. The department may waive the penalty for good cause shown by the licensee or registrant. Good cause may include, without limitation, events that may not be reasonably anticipated or events that were not under the control of the licensee or registrant. [PL 1999, c. 334, §1 (NEW).]

4-B. Reimbursement for fees imposed on transfers out of state. Any person who paid a fee under subsection 4, paragraph A‑1 , subparagraph (2), (3) or (4) on petroleum products that were exported from this State must be reimbursed by the department in the following amounts upon presentation of documentation of that payment and transfer: A. Four cents per barrel of #6 fuel oil; [PL 2015, c. 319, §16 (NEW).] B. Nineteen cents per barrel of #2 fuel oil, kerosene, jet fuel, diesel fuel and other refined products and their by-products not otherwise specified in this subsection, excluding liquid asphalt; and [PL 2015, c. 319, §16 (NEW).] C. Thirty-eight cents per barrel of gasoline. [PL 2015, c. 319, §16 (NEW).] A fee paid on a transfer out of state is eligible for reimbursement under this subsection only if documentation of that payment and transfer are presented to the department within 12 months of the transfer. [PL 2015, c. 319, §16 (NEW).]

5. Disbursements from fund. Money in the fund may be disbursed for the following purposes and no others: A. Administrative expenses, personal services and equipment costs of the department related to the administration and enforcement of this subchapter and subchapter 2‑B , except that total disbursements for personal services may not exceed $7,000,000 per fiscal year adjusted on an annual basis based on the Consumer Price Index as published by the United States Department of Labor, Bureau of Labor Statistics; [PL 2025, c. 94, §1 (AMD).] B. All costs, including without limitation personnel undertaking oil spill response and clean-up activities and equipment expenses, involved in the removal of oil, the abatement of pollution and the implementation of remedial measures including restoration of water supplies, related to the discharge of oil, petroleum products and their by-products covered by this subchapter, including the discharge of oil from an oil storage facility not paid by a responsible party or an applicant for coverage by the fund, and all discharges from interstate pipelines and other discharges prohibited by section 543 ; [PL 2015, c. 319, §16 (AMD).] C. Sums allocated to research and development in accordance with this section; [PL 1985, c. 496, Pt. A, §13 (AMD).] D. Payment of 3rd-party claims awarded in accordance with this section that are not paid by the responsible party or applicant for coverage by the fund and payment of 3rd-party damage claims that are paid to owners or operators pursuant to section 568‑A, subsection 6 ; [PL 2015, c. 319, §16 (AMD).] E. Payment of costs of hearings, independent hearing examiners and independent claims adjusters for 3rd-party damage claims; [PL 2009, c. 501, §5 (AMD).] F. Payment of costs of insurance by the State to extend or implement the benefits of the fund; [PL 1985, c. 496, Pt. A, §13 (AMD).] G. [PL 1991, c. 817, §18 (RP).] H. Sums, up to $50,000 each year, that have been allocated by the Legislature on a contingency basis in accordance with section 555 for payment of costs for damage assessment for specific spills and site-specific studies of the environmental impacts of a particular discharge prohibited by section 543 that may have adverse economic effects and occur subsequent to such an allocation, when those studies are determined necessary by the commissioner; [PL 2015, c. 319, §16 (AMD).] I. Payment of costs for the collection of overdue reimbursements; [PL 2015, c. 319, §16 (AMD).] J. All costs associated with the Board of Underground Oil Storage Tank Installers, not to exceed $100,000; [PL 2015, c. 319, §16 (NEW).] K. Payments to or on behalf of applicants eligible for coverage by the fund under section 568‑A, subsection 1 for expenses above the deductible specified in section 568‑A, subsection 2 incurred in commissioner-approved clean-up activities and specified in an agreement under section 568‑A, subsection 4 ; [PL 2015, c. 319, §16 (NEW).] L. All costs associated with the Clean-up and Response Fund Review Board, not to exceed $200,000; [PL 2015, c. 319, §16 (NEW).] M. Costs incurred by the Office of the State Fire Marshal to implement the duties assigned to the State Fire Marshal in this chapter, not to exceed $150,000; [PL 2015, c. 319, §16 (NEW).] N. Sums up to $500,000 annually to retrofit, repair, replace or remove aboveground oil storage tanks or facilities when the commissioner determines that action is necessary to abate an imminent threat to a groundwater restoration project, a public water supply or a sensitive geologic area, including coastal islands and peninsulas. Money available under this paragraph may be disbursed by the department to pay reasonable costs actually incurred by municipalities in assisting the department in taking actions under this paragraph. Money available under this paragraph may also be used by the department to fund educational efforts that encourage the retrofit, repair, replacement or removal of aboveground oil storage tanks or facilities. Money may not be disbursed from the fund for the purposes of this paragraph until the department has presented a plan for such disbursements to the Clean-up and Response Fund Review Board. Money may not be disbursed from the fund under this paragraph unless the department has adopted a written policy in accordance with the Maine Administrative Procedure Act establishing: (1) Criteria for determining those instances when funds should be disbursed under this paragraph, including criteria for determining what constitutes a sensitive geologic area; (2) Guidelines that ensure that money disbursed from the fund under this paragraph will be used in the most cost-effective manner, considering the likelihood of actual contamination of water supplies absent action taken pursuant to this paragraph, the costs of remediation of such contamination and the possibility that the owner of an aboveground oil storage tank or facility would retrofit, repair, replace or remove the tank at the owner's own expense; (3) Guidelines for payments to municipalities for reasonable administrative costs actually incurred by municipalities in assisting the department in taking actions under this paragraph; (4) A means test for eligibility for disbursements from the fund; (5) A deductible that is adjusted according to the financial means of the person receiving a disbursement; and (6) Limits for eligibility to residents of this State; [PL 2019, c. 583, §1 (AMD).] O. Sums up to $2,000,000 annually to distribute to community action agencies as defined in Title 22, section 5321, subsection 2 for loans and grants to retrofit, repair, replace or remove aboveground and underground oil storage tanks and associated piping at single-family residences. Money may not be disbursed from the fund for the purposes of this paragraph until the department has presented a plan for such disbursements to the Clean-up and Response Fund Review Board. A community action agency shall administer the funds in accordance with program operating standards, including the allocation formula established by the Maine State Housing Authority for its weatherization program. Sums available under this paragraph may be disbursed by the department to pay reasonable costs actually incurred by a community action agency in providing services pursuant to this paragraph. Money may not be disbursed from the fund under this paragraph unless the department has adopted a written policy in accordance with the Maine Administrative Procedure Act establishing guidelines for payments to community action agencies for reasonable administrative costs actually incurred by community action agencies in providing services pursuant to this paragraph; and [PL 2019, c. 583, §1 (AMD).] P. Sums of up to $500,000 annually for loans and grants for department-approved rebate programs to retrofit, repair, replace or remove aboveground and underground oil storage tanks and associated piping at residential dwellings. [PL 2019, c. 583, §2 (NEW).] [PL 2025, c. 94, §1 (AMD).]

6. Reimbursements to Maine Ground and Surface Waters Clean-up and Response Fund. For the use of the fund, the commissioner shall seek recovery of disbursements from the fund for the following purposes, including overdrafts and interest computed at 15% a year from the date of expenditure, unless the department finds the amount involved too small, the likelihood of success too uncertain or that recovery of costs is unlikely due to the inability of the responsible party to pay those costs, except that recoveries resulting from damage due to an oil pollution disaster declared by the Governor pursuant to section 547 must be apportioned between the fund and the General Fund so as to repay the full costs to the General Fund of any bonds issued as a result of the disaster: A. All disbursements made by the fund pursuant to subsection 5, paragraphs A , B , D , E , H and I in connection with a prohibited discharge; [PL 2015, c. 319, §16 (AMD).] B. In the case of a licensee promptly reporting a discharge as required by this subchapter, disbursements made by the fund pursuant to subsection 5, paragraphs B , D and E in connection with any single prohibited discharge including 3rd-party claims in excess of $15,000, except to the extent that the costs are covered by payments received under any federal program; [PL 2015, c. 319, §16 (AMD).] C. [PL 1989, c. 868, §9 (RP); PL 1991, c. 66, Pt. A, §21 (RP).] D. [PL 1989, c. 868, §9 (RP); PL 1991, c. 66, Pt. A, §21 (RP).] E. Disbursements made by the fund greater than $750,000 per occurrence expended from the fund pursuant to subsection 5, paragraph K for an applicant for coverage by the fund found by the commissioner to be eligible under section 568‑A, subsection 1 , excluding occurrences at underground oil storage facilities; and [PL 2015, c. 319, §16 (NEW).] F. Disbursements made by the fund greater than $1,000,000 per occurrence at an underground oil storage facility expended from the fund pursuant to subsection 5, paragraph K for an applicant for coverage by the fund found by the commissioner to be eligible under section 568‑A, subsection 1 . [PL 2015, c. 319, §16 (NEW).] Requests for reimbursement to the fund, if not paid within 30 days of demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an attorney retained by the department with the approval of the Attorney General in conformance with Title 5, section 191 , or the department may file suit in District Court. The commissioner may file claims with appropriate federal agencies to recover for the use of the fund all disbursements from the fund in connection with a prohibited discharge. Requests for reimbursement to the fund for disbursements pursuant to subsection 5, paragraph B , if not paid within 60 days of demand, are subject to a penalty not to exceed twice the total amount of reimbursement requested. This penalty is in addition to the reimbursement requested and any other fines or civil penalties authorized by this Title. [PL 2015, c. 319, §16 (AMD).]

6-A. Lien. All costs incurred by the State in the removal, abatement and remediation of a prohibited discharge of oil, all costs incurred by the State in the abandonment of an underground oil storage facility or tank under section 566‑A, subsection 4 and interest are a lien against the real estate of the responsible party. The lien does not apply to the real estate of a licensee if the discharge was caused or suffered by a carrier destined for the licensee's facilities. For a responsible party determined eligible for coverage under section 568‑A, subsection 1 , the lien is for the amount of any unpaid deductible assigned under section 568‑A, subsection 2 and any eligible clean-up costs and 3rd-party damage claims above $750,000, or above $1,000,000 for underground oil storage facilities. A certificate of lien signed by the commissioner must be sent by certified mail to the responsible party prior to being recorded and may be filed in the office of the clerk of the municipality in which the real estate is located. The lien is effective when the certificate is recorded with the registry of deeds for the county in which the real estate is located. The certificate of lien must include a description of the real estate, the amount of the lien and the name of the owner as grantor. When the amount for which a lien has been recorded under this subsection has been paid or reduced, the commissioner, upon request by any person of record holding interest in the real estate that is the subject of the lien, shall issue a certificate discharging or partially discharging the lien. The certificate must be recorded in the registry in which the lien was recorded. Any action of foreclosure of the lien must be brought by the Attorney General in the name of the State in the Superior Court for the judicial district in which the real estate subject to the lien is located. [PL 2015, c. 319, §16 (AMD).]

7. Waiver of reimbursement. Upon petition of any licensee, the board may, after hearing, waive the right to reimbursement to the fund if it finds that the occurrence was the result of any of the following: A. An act of war; [PL 1985, c. 496, Pt. A, §13 (AMD).] B. An act of government, either state, federal or municipal, except insofar as the act was pursuant to section 548 ; or [RR 1991, c. 2, §147 (COR).] C. An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference of any human agency. [RR 1993, c. 1, §125 (COR).] Upon such finding by the board, immediate credit therefor must be entered for the party involved. The findings of the board are conclusive as it is the legislative intent that waiver provided in this subsection is a privilege conferred, not a right granted. [RR 1993, c. 1, §125 (COR).]

8. Disbursements to state agencies. A state agency that seeks reimbursement from the fund for costs incurred in undertaking oil spill response activities shall keep time records demonstrating the amount of spill response activities performed for which reimbursement is sought. A state agency may establish a dedicated account for receipt of disbursements from the fund. Disbursements from the fund to a state agency pursuant to subsection 5, paragraph B must be deposited in that account, if it has been established, and may be used by the agency to support its activities. [PL 2015, c. 319, §16 (AMD).]
38 M.R.S. § 657 — ME Code / Title 38 / Chapter 5 / Section 657
38 §657. Ice cutting and harvesting
Status: in_force

In order to create ponds for the cutting and harvesting of ice for the market, any persons or corporations may erect and maintain, on their own land, dams on streams not navigable or floatable, but emptying into tidewaters navigable in the winter, and may flow the lands above during November, December, January, February, March and April; but they shall draw off the water to its natural state by the 20th day of May yearly. If any lands are injured by such flowing, the owners thereof have the same remedies as in case of lands flowed by dams erected and maintained for mill purposes; but no right is granted by this section or section 656 to flow any milldam or any mill privilege improved or unimproved. This section shall not be construed as authorizing any persons or corporations to cut ice on any pond created as provided over any area the soil of which such persons or corporations do not own or lease or possess as tenants at will, or by reason of a valid agreement with the owner or lessee or tenant thereof when said owner or lessee is not the State and the pond is not a great pond.
38 M.R.S. § 122 — ME Code / Title 38 / Chapter 1 / Section 122
38 §122. Use without marks or false marks; penalty
Status: in_force

A master or owner who uses the master's or owner's craft without such marks prescribed in section 121 and any person who falsely marks any such boat or lighter forfeits $50 to be recovered by any prosecutor in a civil action. [RR 2021, c. 2, Pt. B, §230 (COR).]
38 M.R.S. § 121 — ME Code / Title 38 / Chapter 1 / Section 121
38 §121. Marking; inspection and renewal
Status: in_force

Every boat or lighter employed in carrying stones, sand or gravel shall be marked at light-water mark, and at least 5 other places, with the figures 4, 12, 16, 24 and 30, legibly made on the stem and sternpost thereof, expressing the weight which such boat or lighter is capable of carrying, when the lower part of the respective numbers touches the water in which it floats. Such marks shall be inspected yearly, and when found illegible in whole or in part, they shall be renewed.
38 M.R.S. § 1295 — ME Code / Title 38 / Chapter 12-B / Section 1295
38 §1295. Rules
Status: in_force

The department shall adopt and amend rules to carry out the purposes of this chapter and to ensure that state law relating to lead-based paint activities satisfies minimum requirements of federal law in all respects. In adopting the rules, the department shall consult the regulations of the United States Department of Labor, Occupational Safety and Health Administration to ensure that the rules minimize duplicative requirements. The rules are routine, technical rules in accordance with Title 5, chapter 375, subchapter II‑A and may address, but are not limited to, the following: [PL 1997, c. 375, §14 (NEW).]

1. Licenses and certification. Licensing lead abatement contractors and in-house lead abatement units, and certification of lead abatement professionals; [PL 1997, c. 375, §14 (NEW).]

2. Training programs. Accreditation of training providers offering courses for lead abatement professionals and in lead awareness for homeowners and for contractors involved in renovation, remodeling and painting; [PL 1997, c. 375, §14 (NEW).]

3. Standards of acceptable work practices. Criteria and procedures of acceptable work practices for licensees and certificate holders and for persons exempt from licensing and certification requirements; [PL 1997, c. 375, §14 (NEW).]

4. Standards of conduct. Standards of acceptable professional conduct for licensees and certificate holders engaged in lead-based paint activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee or certificate holder, the suspension or revocation of a license or certificate or the denial of the renewal of a license or certificate; and [PL 1997, c. 375, §14 (NEW).]

5. Fees. Establishing fees for notifications and annual fees for each license and certification category. The fees must be deposited in the Maine Environmental Protection Fund. [PL 1997, c. 375, §14 (NEW).]
38 M.R.S. § 576-A — ME Code / Title 38 / Chapter 3-A / Section 576-A
38 §576-A. Greenhouse gas emissions reductions
Status: in_force

1. 2030 annual emissions level. By January 1, 2030, the State shall reduce gross annual greenhouse gas emissions to at least 45% below the 1990 gross annual greenhouse gas emissions level. [PL 2019, c. 476, §7 (NEW).]

2. Interim emissions level. By January 1, 2040, the gross annual greenhouse gas emissions level must, at a minimum, be on an annual trajectory sufficient to achieve the 2050 annual emissions level in accordance with subsection 3 . [PL 2019, c. 476, §7 (NEW).]

2-A. Carbon neutrality. Beginning January 1, 2045, net annual greenhouse gas emissions may not exceed zero metric tons. [PL 2021, c. 517, §1 (NEW).]

3. 2050 annual emissions level. By January 1, 2050, the State shall reduce gross annual greenhouse gas emissions to at least 80% below the 1990 gross annual greenhouse gas emissions level. [PL 2019, c. 476, §7 (NEW).]

4. Monitoring, reporting and compliance rules. By July 1, 2021, the department shall adopt rules to track and report to the Legislature on gross annual greenhouse gas emissions and net annual greenhouse gas emissions. Notwithstanding any provision of section 341‑H to the contrary, by September 1, 2021, the board shall adopt rules to ensure compliance with the levels established by subsections 1 to 3 which: A. Must be consistent with the climate action plan, as updated pursuant to section 577, subsection 1 ; [PL 2019, c. 476, §7 (NEW).] B. Must prioritize greenhouse gas emissions reductions by sectors that are the most significant sources of greenhouse gas emissions, as identified by the United States Energy Information Administration and in the department's biennial reports submitted under section 578 , taking into account gross greenhouse gas emissions reductions achieved by each sector since 1990 measured as a percentage of statewide gross greenhouse gas emissions and taking into account the cost-effectiveness of future gross greenhouse gas emissions reductions by each sector; [PL 2019, c. 476, §7 (NEW).] C. Must be fair and equitable and account for and give significant weight to greenhouse gas emissions reductions already achieved by various sectors; and [PL 2019, c. 476, §7 (NEW).] D. May establish a mechanism for crediting voluntary measures that quantifiably and reliably sequester additional carbon in forests, farms and coastal lands in the State or by the use of materials that sequester additional carbon. [PL 2019, c. 476, §7 (NEW).] The Department of Transportation, after consultation with the department, may adopt rules as necessary to ensure compliance with the levels established by subsections 1 to 3 . Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 476, §7 (NEW).]

5. Annual report. On or before February 15, 2024, and annually thereafter, the Department of Transportation shall submit a report to the joint standing committees of the Legislature having jurisdiction over environment and natural resources matters and transportation matters regarding capital work plan investments designed to reduce greenhouse gas emissions associated with the Department of Transportation during the prior calendar year, including a summary of Department of Transportation-related greenhouse gas emissions associated with different sources and Department of Transportation-related greenhouse gas emissions associated with new road alignment construction activities during the prior calendar year. [PL 2023, c. 234, §1 (NEW).]
38 M.R.S. § 552 — ME Code / Title 38 / Chapter 3 / Section 552
38 §552. Liability
Status: in_force

1. Licensee shall be liable. A licensee shall be liable for all acts and omissions of its servants and agents, and carriers destined for the licensee's facilities from the time such carrier shall enter state waters until such time as the carrier shall leave state waters. [PL 1969, c. 572, §1 (NEW).]

2. State need not plead or prove negligence. The intent of this subchapter is to provide the means for rapid and effective cleanup and to minimize direct and indirect damages and the proliferation of 3rd-party claims. Accordingly, any person, vessel, licensee, agent or servant, including a carrier destined for or leaving a licensee's facility while within state waters, who permits or suffers a prohibited discharge or other polluting condition to take place is liable to the State for all disbursements made by it pursuant to section 551, subsection 5, paragraphs B , D , E , H and I , or other damage incurred by the State, including damage for injury to, destruction of, loss of, or loss of use of natural resources, the reasonable costs of assessing natural resources damage and the costs of preparing and implementing a natural resources restoration plan. In any suit to enforce claims of the State under this section, to establish liability, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person causing or suffering the discharge or licensee responsible for the discharge. The State need only plead and prove the fact of the prohibited discharge or other polluting condition and that the discharge occurred at facilities under the control of the licensee or was attributable to carriers or others for whom the licensee is responsible as provided in this subchapter or occurred at or involved any real property, structure, equipment or conveyance under the custody or control of the person causing or suffering the discharge. [PL 2009, c. 121, §8 (AMD).]

3. Right of recovery by licensee. Any licensee that is held liable for the acts or omissions of any carrier destined for the licensee's facilities pursuant to subsection 1 may recover in a civil action from the carrier, or any person responsible for the acts or omissions of the carrier, all loss, expense, damage or other liability incurred by the licensee for the acts and omissions of the carrier. [PL 1991, c. 380, §2 (NEW).]

4. Limited liability for responders. Notwithstanding any other provision of law, the liability of a responder to a discharge or a substantial threat of a discharge of oil into or upon any coastal waters, estuaries, tidal flats, tidal waters, beaches and lands adjoining the seacoast of the State is governed by this section. A. A responder is not liable for removal costs, damages, civil liabilities or penalties that result from actions taken or omitted in the course of rendering care, assistance or advice consistent with the National Contingency Plan, a federal contingency plan, the State Marine Oil Spill Contingency Plan or as otherwise directed by the federal on-scene coordinator or the commissioner. [PL 1991, c. 380, §2 (NEW).] B. Paragraph A does not apply: (1) To personal injury or wrongful death; (2) If the responder is grossly negligent or engages in willful misconduct; or (3) To a responsible party. [PL 1997, c. 364, §31 (AMD).] C. A responsible party is liable for any removal costs, damages, civil liabilities and penalties that a responder is relieved of under paragraph A . [PL 1991, c. 380, §2 (NEW).] [PL 1997, c. 364, §31 (AMD).]
38 M.R.S. § 590-B — ME Code / Title 38 / Chapter 4 / Section 590-B
38 §590-B. Testing at resource recovery facilities
Status: in_force

1. Testing; first 2 years of commercial operation. Testing is required at each resource recovery facility burning municipal solid waste at least once in every 6-month period during the first 2 years of commercial operation for the presence of dioxin and heavy metals, including, but not limited to, lead, cadmium and chromium in the emissions of the facility. The cost of these tests must be paid by the applicant or permittee. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).]

2. Testing after first 2 years of licensure. After the facility has been in operation and licensed for 2 years, testing is required for dioxin and heavy metals, including, but not limited to, lead, cadmium and chromium in the emissions of the facility at a frequency determined by the board by rule. The cost of these tests must be paid by the applicant or permittee. A. The rules adopted by the board under this section establish a system of monitoring the overall air emission performance of resource recovery facilities employing surrogate measures of combustion efficiency and other parameters that, in the judgment of the board, may affect the creation of dioxin emissions and the emission of heavy metals. The board shall provide for minimum acceptable operating conditions as indicated by the surrogate measures. Failure to achieve and maintain these conditions will result in testing for dioxin and heavy metals as indicated by the surrogate measures. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).] B. Scheduling of tests required by this subsection must reflect the operating conditions that originally required the testing to ensure the greatest protection of public health and the environment. Seasonal differences in waste stream composition and atmospheric and climatic conditions must be taken into account in conducting the tests. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).] C. The board shall adopt rules under this section on or before January 1, 1989. [PL 1987, c. 688 (NEW).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).]

2-A. Testing results. The results of all tests required under this section must be submitted to the commissioner within 30 days of testing. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (NEW).]

3. Public and local participation. The municipal officers, or their designees, of the municipality within which the facility is located or, in the case of a facility located within an unorganized territory or plantation, the county commissioners, or their designees, may conduct an independent review of any testing protocol, test results and their interpretations and any standards or assumptions upon which the test protocol or results are based, which items are required by this section. The review authorized in this subsection may make use of the services of independent consultants and may include, without limitation, review of the testing protocol, test results and their interpretations and any standards or assumptions upon which the test protocol or results are based. The cost of each review must be paid by the applicant or permittee in an amount not to exceed $1,000 per test. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).]

4. Authority for further tests. The department shall have the authority to make such further tests for compliance as the department determines necessary and the board may reinstate a license when tests indicate compliance. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §165 (AMD).]
38 M.R.S. § 2233 — ME Code / Title 38 / Chapter 24 / Section 2233
38 §2233. Civil violation
Status: in_force

A person that violates any requirement of section 2232 commits a civil violation for which a forfeiture not to exceed $200 may be adjudged. Each day of a violation is considered a separate offense. [PL 1991, c. 676, §1 (NEW).]
38 M.R.S. § 1602 — ME Code / Title 38 / Chapter 16 / Section 1602
38 §1602. Chemical septic tank cleaners
Status: in_force

No person may sell, offer to sell or commercially promote the use of any chemical solvent containing halogenated hydrocarbon compounds as septic tank cleaners or degreasers. [PL 1981, c. 249 (NEW).]
38 M.R.S. § 597 — ME Code / Title 38 / Chapter 4 / Section 597
38 §597. Municipal air pollution control
Status: in_force

Nothing in this chapter shall be construed as a preemption of the field of air pollution study and control on the part of the State. Municipalities may study air pollution and adopt and enforce air pollution control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard, order or other action promulgated pursuant to this chapter. Local ordinance provisions which touch on matters not dealt with by this chapter or which are more stringent than this chapter shall bind persons residing in the municipality. [PL 1969, c. 474, §1 (NEW).]