38 M.R.S. § 590 — ME Code / Title 38 / Chapter 4 / Section 590
38 §590. Licensing
Status: in_force

1. License required; rules. After ambient air quality standards and emission standards have been established within a region, the board may by rule provide that a person may not operate, maintain or modify in that region any air contamination source or emit any air contaminants in that region without an air emission license from the department. A. As a condition of licensure under this chapter for any petroleum storage facility with an aboveground petroleum storage tank, the facility shall: (1) Ensure that any new aboveground petroleum storage tank with a storage capacity greater than 39,000 gallons used for the storage of distillate fuel products is equipped with a floating roof; (2) Maintain a record of any additives or materials added to any heated, aboveground petroleum storage tank; (3) Ensure that any heated, fixed-roof aboveground petroleum storage tank is fully insulated in a manner that minimizes temperature fluctuation and resulting breathing losses and that the temperature of the petroleum product stored in the tank is continuously monitored; (4) Implement forward-looking infrared technology for the monitoring of vapor leaks around any aboveground petroleum storage tank with a storage capacity greater than 39,000 gallons, as well as around the piping and fittings associated with the tank. The facility shall conduct such monitoring on at least a quarterly basis, and the results of that monitoring and any resulting repairs made as a result of detected leaks must be properly documented and provided to the department upon request; (5) Collect site-specific air emission test data semiannually during the most active time of operations for any existing, new or modified heated, aboveground petroleum storage tank with a storage capacity greater than 39,000 gallons, and the collected data must be used to establish site-specific air emission factors. A facility that operates in a similar manner multiple tanks of the same construction storing the same product may, upon approval by the department, collect site-specific air emission test data from a representative tank in lieu of testing all similarly operating tanks. The test data collected by the facility must be used for the purposes of annual air emissions reporting and by the department when determining compliance with licensed air emission limits; (6) Conduct on a monthly basis a visual inspection of the internal, floating roof of any aboveground petroleum storage tank equipped with such a roof; conduct on a monthly basis an external leak inspection of that roof using photo ionization detection technology or flame ionization detection technology; and conduct a complete inspection of the cover and seal associated with that roof every 5 years and each time the tank is emptied and degassed; and (7) If the facility has an aboveground petroleum storage tank with a storage capacity greater than 39,000 gallons that is equipped with an external or internal floating roof, implement a fenceline monitoring program, designed and operated by a qualified, independent 3rd-party entity, which must provide continuous emission monitoring consistent with the requirements of the United States Environmental Protection Agency’s Method 325A, Volatile Organic Compounds from Fugitive and Area Sources: Sampler Deployment and VOC Sample Collection, and Method 325B, Volatile Organic Compounds from Fugitive and Area Sources: Sampler Preparation and Analysis. The facility shall provide to the department a description of its fenceline monitoring program and a copy of all data collected under the program, which the department shall make available on its publicly accessible website. [PL 2021, c. 294, §1 (NEW).] B. A facility required to be licensed under this chapter may not load distillate fuel into a cargo tank that carried gasoline as its most recent load unless the facility is equipped with and uses a collection and control system for air emissions of volatile organic compounds. [PL 2021, c. 294, §1 (NEW).] C. As a condition of licensure under this chapter for any new or modified bulk gasoline terminal, the terminal shall implement best practical treatment for emissions associated with the loading, unloading and storage of gasoline at the terminal that is equivalent or substantially similar to applicable best available control technology requirements implemented by the United States Environmental Protection Agency pursuant to the federal Clean Air Act. [PL 2021, c. 294, §1 (NEW).] D. At least once every 5 years, the board shall evaluate and, if determined necessary, update the best practical treatment requirements applicable to licensed petroleum storage facilities with aboveground petroleum storage tanks. In evaluating the best practical treatment requirements pursuant to this paragraph, the board shall consider best practical treatment requirements for aboveground petroleum storage tanks implemented by other New England states and applicable best available control technology requirements implemented by the United States Environmental Protection Agency pursuant to the federal Clean Air Act. [PL 2021, c. 294, §1 (NEW).] E. An incinerator may not be used to dispose of solid waste without a license from the department, except an incinerator with a primary chamber volume no greater than 133 cubic feet or 1,000 gallons that burns only wood waste as defined in Title 12, section 9324, subsection 7‑A and painted and unpainted wood from construction and demolition debris. [PL 2021, c. 294, §1 (NEW).] As used in this subsection, “petroleum storage facility” means a storage facility that receives petroleum products from refineries primarily by pipeline, ship or barge and delivers those products to bulk plants or to commercial or retail accounts primarily by tank truck. The board may adopt rules to implement paragraphs A to E . Rules initially adopted to implement paragraphs A to E are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . Any subsequent revision to rules adopted to implement paragraphs A to E are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 294, §1 (RPR).]

2. Applications. Applications for air emission licenses must be made in a form prescribed by the commissioner and contain the information related to the proposed air contamination source and emission of air contaminants required by rule of the board. All hearings under this section must be held in a municipality within the region where the proposed emission is to be located. At this hearing, the department shall solicit and receive testimony concerning the nature of the proposed emissions; their effect on existing ambient air quality standards within the region; the availability and effectiveness of air pollution control apparatus designed to maintain the emission for which a license is sought at the levels required by law; and the expense of purchasing and installing this apparatus. The department shall grant the license and may impose appropriate and reasonable conditions as necessary to secure compliance with ambient air quality standards if the department finds that the proposed emission will: A. Receive the best practical treatment; [PL 1991, c. 658, §1 (NEW).] B. Not violate or be controlled so as not to violate applicable emission standards; and [PL 1991, c. 658, §1 (NEW).] C. Either alone or in conjunction with existing emissions, not violate or be controlled so as not to violate applicable ambient air quality standards. [PL 1991, c. 658, §1 (NEW).] [PL 1991, c. 658, §1 (NEW).]

3. Best practical treatment. Emissions from existing sources undergoing license renewal are receiving best practical treatment if those emissions are being controlled by an air pollution control apparatus installed less than 15 years prior to the date of license application approval or an accepted best practical treatment analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries, unless: A. The applicant is proposing replacement of the existing air pollution control apparatus; [PL 1991, c. 658, §1 (NEW).] B. Additional reductions are necessary to achieve or maintain ambient air quality standards; [PL 1991, c. 658, §1 (NEW).] C. The department determines that emissions of air contaminants for which an ambient air quality standard has not been adopted pose an unreasonable risk to the environment or public health; or [PL 1991, c. 658, §1 (NEW).] D. Additional reductions are necessary to restore ambient air quality increments, even if the applicant has been previously authorized to use that increment. [PL 1991, c. 658, §1 (NEW).] The department may at the time of the license renewal require additional instrumentation; operating practices; automated process controls; replacement of component parts; emission testing, including requirements for continuous emission monitors; equipment maintenance programs; or record keeping to increase the efficiency of existing air pollution control apparatus or other pollution mitigating measures. [PL 1991, c. 658, §1 (NEW).]

4. Low sulfur fuel. Best practical treatment does not include the use of fuel with a lower sulfur content than that specified in section 603‑A unless a lower sulfur fuel is required to comply with applicable emission standards or applicable ambient air quality standards. [PL 1991, c. 658, §1 (NEW).]

5. License conditions for start-up, shutdown and malfunctions. In making license decisions and conditions, the department shall consider the extent to which operation of the licensed facility requires an allowance for excess emissions during cold start-ups and shutdowns of the facility as long as that facility is operated to minimize emissions and is otherwise subject to applicable standards. When the applicant demonstrates to the department that, consistent with best practical treatment requirements and other applicable standards, infrequent emissions are unavoidable during these periods, the department shall establish appropriate license allowances and conditions. [PL 1993, c. 232, §3 (AMD).]

6. Installation period. If an air emission license renewal or amendment can be granted only if the licensee installs additional emission controls or other mitigating measures, then the licensee may continue to emit pollutants from air contaminant sources that will receive these controls or measures up to the same level allowed in its existing air emission license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than 24 months after the department issues the license renewal or amendment, except as provided in this subsection. After a showing by the licensee that it can not install and bring to full operation required emission controls or mitigating measures within the 24-month period, the department may establish a later date for the installation and operation. [PL 1991, c. 658, §1 (NEW).]

7. Compliance with federal law. The department has the authority to deny an air emission license for a new or modified major emitting source when it determines that the source will not comply with the requirements imposed pursuant to the Federal Clean Air Act, Title 1, Part C, subpart 2, as amended, related to the impairment of visibility in mandatory Class 1 federal areas. [PL 1991, c. 658, §1 (NEW).]
38 M.R.S. § 1273 — ME Code / Title 38 / Chapter 12-A / Section 1273
38 §1273. Prohibitions
Status: in_force

Unless otherwise provided in this section: [PL 1987, c. 448, §1-C (NEW).]

1. License or certificate required. No person or owner or operator may engage in any asbestos abatement activities in the State, unless licensed or certified pursuant to this chapter; and [PL 1993, c. 355, §39 (AMD).]

2. Notification required. A person, owner or operator may not engage in any asbestos abatement activity over 3 linear feet or 3 square feet of asbestos-containing material unless that person, owner or operator notifies the commissioner in writing. This notification must be postmarked at least 10 calendar days before or delivered to the department at least 5 working days prior to beginning any on-site work, including on-site preparation work. The department may approve a reduction in the number of days required for notification on a case-by-case basis when unforeseeable circumstances or compliance with standard notification procedures may cause a threat to the environment or human health. [PL 2009, c. 374, §4 (AMD).]

3. In-house abatement units. [PL 1989, c. 325, §4 (RP).]

4. Exemption. Asbestos abatement activities related to disposal undertaken at licensed asbestos disposal sites are exempt from the requirements of this section. [PL 2005, c. 52, §1 (AMD).]
38 M.R.S. § 1864 — ME Code / Title 38 / Chapter 20-A / Section 1864
38 §1864. Emergency authority to regulate surface use
Status: in_force

The commissioner and the Commissioner of Inland Fisheries and Wildlife may jointly issue an emergency order to restrict access to or restrict or prohibit the use of any watercraft on all or a portion of a water body that has a confirmed infestation of an invasive aquatic plant or animal. The order must be for a specific period of time and may be issued only when the use of watercraft on that water body threatens to worsen or spread the infestation. The order may require that watercraft using waters affected by the order be taken out of or launched on the water only at locations identified in the order. The order may require inspections and cleaning of watercraft, watercraft trailers and equipment upon removal at sites that have been identified in the order. Inspections must be conducted by designated state-trained boat inspectors. For purposes of this section, "designated state boat inspector" means a person trained by the State and identified by the department or the Department of Inland Fisheries and Wildlife as a person who is qualified to properly conduct inspection activities. [PL 2025, c. 116, §4 (AMD).]
38 M.R.S. § 854 — ME Code / Title 38 / Chapter 5 / Section 854
38 §854. Minors and persons with qualified interests
Status: in_force

Where any part of such mill or dam at the time of meeting and notice is owned by minors, tenants by curtesy, in tail, for life or years, or by mortgagor or mortgagee, the guardians of such minors, such tenant, mortgagor or mortgagee shall be deemed, for the purposes of sections 851 to 892 , the proprietors thereof, and shall be notified, vote and contribute accordingly. All advances so made by them, if not paid, may be recovered in a civil action, with interest.
38 M.R.S. § 1066 — ME Code / Title 38 / Chapter 11 / Section 1066
38 §1066. Provisions supplemental to other law
Status: in_force

This chapter shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 775 — ME Code / Title 38 / Chapter 5 / Section 775
38 §775. Costs
Status: in_force

If the decision of the county commissioners is against the plaintiffs, they shall pay the costs of the hearing, taxed as in other cases before county commissioners.
38 M.R.S. § 592-A — ME Code / Title 38 / Chapter 4 / Section 592-A
38 §592-A. Soiling of property; nuisance
Status: in_force

1. Total suspended particulate matter. No person may discharge total suspended particulate matter to the ambient air in an amount or concentration that soils property or creates a nuisance condition. Total suspended particulate matter concentrations of less than 150 micrograms per cubic meter for any 24-hour period in the ambient air are presumed not to constitute soiling or nuisance conditions. Any person who demonstrates on the basis of total suspended particulate ambient air quality monitoring information acceptable to the commissioner that emissions discharged by that person have not substantially caused or contributed to total suspended particulate matter concentrations in excess of 150 micrograms per cubic meter over a 24-hour period at any applicable location may not be held in violation of this subsection. [PL 1989, c. 155, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §167 (AMD).]

2. Fugitive emissions. Any commercial and industrial source or facility, all municipalities and all state or federal facilities, whether or not requiring a license pursuant to this chapter, that cause or contribute to the discharge of fugitive emissions that the commissioner determines to constitute a nuisance are required to establish and maintain a continuing program for best management practices for suppression of fugitive emissions during any periods of construction, renovation or normal operation. The commissioner shall determine those procedures which constitute best management practices. A description of a source's program for suppression of fugitive emissions must be made available to the commissioner upon request. Public or private roads that are not part of a commercial and industrial source or facility are not subject to the requirements of this subsection. [PL 1991, c. 138 (AMD).]
38 M.R.S. § 1367-B — ME Code / Title 38 / Chapter 13-B / Section 1367-B
38 §1367-B. Limited exemptions from liability
Status: in_force

1. Limited exemption from liability for state or local governmental entities. Liability under section 1367 does not apply to the State or a political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to Title 36 , or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or a political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign. The exemption from liability provided under this subsection does not apply to the State or a political subdivision that has caused, contributed to or exacerbated a release or threatened release of a hazardous substance on or from the uncontrolled site. [PL 2021, c. 117, §4 (AMD).]

1-A. Limited exemption from liability for publicly owned treatment works. A publicly owned treatment works is exempt from liability under section 1367 as a responsible party under section 1362, subsection 2, paragraph C based on the contribution by the publicly owned treatment works of effluent or sewage sludge to an uncontrolled site, except that the exemption does not apply if the commissioner determines that the publicly owned treatment works: A. Has failed to follow applicable requirements under this Title and the rules adopted pursuant to this Title for the disposal or use of effluent or sewage sludge; [PL 2021, c. 117, §4 (NEW).] B. Has failed to comply with an information request or administrative subpoena issued by the department under this chapter; or [PL 2021, c. 117, §4 (NEW).] C. Has impeded or is impeding, through action or inaction, the performance of a response action or natural resources restoration at the uncontrolled site. [PL 2021, c. 117, §4 (NEW).] [PL 2021, c. 117, §4 (NEW).]

1-B. Limited exemption from liability for public water systems. A public water system is exempt from liability under section 1367 as a responsible party under section 1362, subsection 2, paragraph C based on the contribution by the public water system of water treatment residuals to an uncontrolled site, except that the exemption does not apply if the commissioner determines that the public water system: A. Has failed to follow applicable requirements under this Title and the rules adopted pursuant to this Title for the disposal or use of water treatment residuals; [PL 2021, c. 117, §4 (NEW).] B. Has failed to comply with an information request or administrative subpoena issued by the department under this chapter; or [PL 2021, c. 117, §4 (NEW).] C. Has impeded or is impeding, through action or inaction, the performance of a response action or natural resources restoration at the uncontrolled site. [PL 2021, c. 117, §4 (NEW).] For the purposes of this subsection, "public water system" has the same meaning as in the federal Safe Drinking Water Act Amendments of 1996, 42 United States Code, Section 300f. [PL 2021, c. 117, §4 (NEW).]

1-C. Limited exemption from liability for department-licensed land application of sludge or sludge-derived products. A person is exempt from liability under section 1367 as a responsible party for contamination of an uncontrolled site with perfluoroalkyl and polyfluoroalkyl substances if the person establishes to the satisfaction of the commissioner that the source of the contamination was primarily caused by department‑licensed land application of sludge or sludge-derived products performed by a 3rd party that is not that person's employee or agent. A. The exemption from liability provided by this subsection is not available to a person if the commissioner determines that: (1) The 3rd party that performed the land application of sludge or sludge-derived products has failed to follow applicable requirements of the department license for land application of sludge or sludge-derived products. For the purposes of this subparagraph, the land application of sludge or sludge-derived products is presumed to have been performed in accordance with the applicable requirements of the department license unless the commissioner can establish that the land application did not comply with the license requirements; (2) The person has failed to comply with an information request or administrative subpoena issued by the department under this chapter; or (3) The person has impeded or is impeding, through action or inaction, the performance of a response action, natural resources restoration or department investigation at the uncontrolled site. [PL 2023, c. 510, §3 (NEW).] B. The commissioner may condition the exemption from liability provided by this subsection upon any of the following terms that the commissioner may determine to be necessary: (1) To provide access to the property to the commissioner and the commissioner's authorized representatives; (2) To allow the commissioner or the commissioner's authorized representatives to undertake activities at the property including placement of borings, wells, equipment and structures on the property; or (3) To the extent the person has title to the property, to grant easements or other interests in the property to the department for any of the purposes provided in subparagraph (1) or (2). An agreement to grant an easement or other interest under this subparagraph must apply to and be binding upon the successors and assigns of the owner. To the extent the person has title to the property, the person shall record the agreement or a memorandum approved by the commissioner that summarizes the agreement in the registry of deeds for the county where the property is located. [PL 2023, c. 510, §3 (NEW).] [PL 2023, c. 510, §3 (NEW).]

2. Reimbursement for department expenses. Notwithstanding the exemption from liability provided in subsection 1 , the State or a political subdivision that acquires or has acquired ownership of property that encompasses an uncontrolled hazardous substance site pursuant to any of the proceedings referred to in subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period in which the State or political subdivision had ownership of the property, up to the amount of the proceeds from the sale or disposition of the property minus the out-of-pocket costs of the sale or disposition. [PL 2021, c. 117, §4 (AMD).]
38 M.R.S. § 465 — ME Code / Title 38 / Chapter 3 / Section 465
38 §465. Standards for classification of fresh surface waters
Status: in_force

The department shall have 4 standards for the classification of fresh surface waters which are not classified as great ponds. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §61 (AMD).]

1. Class AA waters. Class AA shall be the highest classification and shall be applied to waters which are outstanding natural resources and which should be preserved because of their ecological, social, scenic or recreational importance. A. Class AA waters must be of such quality that they are suitable for the designated uses of drinking water after disinfection, fishing, agriculture, recreation in and on the water, navigation and as habitat for fish and other aquatic life. The habitat must be characterized as free-flowing and natural. [PL 2003, c. 227, §1 (AMD); PL 2003, c. 227, §9 (AFF); PL 2005, c. 561, §10 (AFF).] B. The aquatic life, dissolved oxygen and bacteria content of Class AA waters must be as naturally occurs, except that the number of Escherichia coli bacteria in these waters may not exceed a geometric mean of 64 CFU or MPN per 100 milliliters over a 90-day interval or 236 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. [PL 2021, c. 551, §9 (AMD).] C. Except as provided in this paragraph, there may be no direct discharge of pollutants to Class AA waters. (1) Storm water discharges that are in compliance with state and local requirements are allowed if one or more of the following conditions are met: (a) The storm water discharge existed prior to the waters' being classified as Class AA with a designation as an outstanding national resource as described in section 464, subsection 4, paragraph F , subparagraph (2), including storm water discharges that existed prior to designation of the waters as an outstanding national resource and are not licensed by the department or were not relicensed for some duration after the waters' designation as an outstanding national resource. This division does not authorize new or increased storm water discharge; (b) For storm water discharges requiring a general permit for construction, the discharge is temporary and short term and does not permanently degrade water quality. For the purposes of this division, a discharge is temporary and short term if the discharge occurs only during the time necessary to construct a facility to make it operational. Best management practices must be used during such construction; or (c) The Class AA water is not designated as an outstanding national resource as described in section 464, subsection 4, paragraph F , subparagraph (2) and sections 467 and 468 . (2) A discharge to Class AA waters that are or once were populated by a distinct population segment of Atlantic salmon as determined pursuant to the United States Endangered Species Act of 1973, Public Law 93-205, as amended, is allowed if, in addition to satisfying all the requirements of this article, the applicant, prior to issuance of a discharge license, objectively demonstrates to the department's satisfaction that the discharge is necessary, that there are no other reasonable alternatives available and that the discharged effluent is for the purpose of and will assist in the restoration of Atlantic salmon and will return the waters to a state that is closer to historically natural chemical quality. (3) Aquatic pesticide or chemical discharges approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency for the purpose of restoring biological communities affected by an invasive species are allowed. (4) Discharges of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety using materials and methods that provide for protection of nontarget species are allowed. When the department issues a license for the discharge of aquatic pesticides authorized under this subparagraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website. (5) Discharges of pesticides approved by the department are allowed that are: (a) Unintended and an incidental result of the spraying of pesticides; (b) Applied in compliance with federal labeling restrictions; and (c) Applied in compliance with statute, Board of Pesticides Control rules and best management practices. [PL 2021, c. 503, §2 (AMD).] [PL 2021, c. 503, §2 (AMD); PL 2021, c. 551, §9 (AMD).]

2. Class A waters. Class A shall be the 2nd highest classification. A. Class A waters must be of such quality that they are suitable for the designated uses of drinking water after disinfection; fishing; agriculture; recreation in and on the water; industrial process and cooling water supply; hydroelectric power generation, except as prohibited under Title 12, section 403 ; navigation; and as habitat for fish and other aquatic life. The habitat must be characterized as natural. [PL 2003, c. 227, §2 (AMD); PL 2003, c. 227, §9 (AFF); PL 2005, c. 561, §10 (AFF).] B. The dissolved oxygen content of Class A waters may not be less than 7 parts per million or 75% of saturation, whichever is higher, except that for the period from October 1st to May 14th, in order to ensure spawning and egg incubation of indigenous fish species, the 7-day mean dissolved oxygen concentration may not be less than 9.5 parts per million and the one-day minimum dissolved oxygen concentration may not be less than 8.0 parts per million in identified fish spawning areas. The aquatic life and bacteria content of Class A waters must be as naturally occurs, except that the numbers of Escherichia coli bacteria in these waters may not exceed a geometric mean of 64 CFU or MPN per 100 milliliters over a 90-day interval or 236 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. [PL 2021, c. 551, §10 (AMD).] C. Except as provided in this paragraph, direct discharges to these waters licensed after January 1, 1986 are permitted only if, in addition to satisfying all the requirements of this article, the discharged effluent will be equal to or better than the existing water quality of the receiving waters. Prior to issuing a discharge license, the department shall require the applicant to objectively demonstrate to the department's satisfaction that the discharge is necessary and that there are no other reasonable alternatives available. Discharges into waters of this classification licensed prior to January 1, 1986 are allowed to continue only until practical alternatives exist. (1) This paragraph does not apply to a discharge of storm water that is in compliance with state and local requirements. (2) This paragraph does not apply to a discharge to Class A waters that are or once were populated by a distinct population segment of Atlantic salmon as determined pursuant to the United States Endangered Species Act of 1973, Public Law 93-205, as amended, if, in addition to satisfying all the requirements of this article, the applicant, prior to issuance of a discharge license, objectively demonstrates to the department's satisfaction that the discharge is necessary, that there are no other reasonable alternatives available and that the discharged effluent is for the purpose of and will assist in the restoration of Atlantic salmon and will return the waters to a state that is closer to historically natural chemical quality. (3) This paragraph does not apply to aquatic pesticide or chemical discharges approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency for the purpose of restoring biological communities affected by an invasive species. (4) For the purpose of allowing the discharge of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety, the department may find that the discharged effluent will be equal to or better than the existing water quality of the receiving waters as long as the materials and methods used provide protection for nontarget species. When the department issues a license for the discharge of aquatic pesticides authorized under this subparagraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website. (5) This paragraph does not apply to discharges of pesticides approved by the department that are: (a) Unintended and an incidental result of the spraying of pesticides; (b) Applied in compliance with federal labeling restrictions; and (c) Applied in compliance with statute, Board of Pesticides Control rules and best management practices. [PL 2021, c. 50, §§3, 4 (AMD).] D. Storm water discharges to Class A waters must be in compliance with state and local requirements. [PL 2003, c. 318, §4 (NEW).] E. Material may not be deposited on the banks of Class A waters in any manner that makes transfer of pollutants into the waters likely. [PL 2003, c. 318, §4 (NEW).] [PL 2021, c. 551, §10 (AMD).]

3. Class B waters. Class B shall be the 3rd highest classification. A. Class B waters must be of such quality that they are suitable for the designated uses of drinking water supply after treatment; fishing; agriculture; recreation in and on the water; industrial process and cooling water supply; hydroelectric power generation, except as prohibited under Title 12, section 403 ; navigation; and as habitat for fish and other aquatic life. The habitat must be characterized as unimpaired. [PL 2003, c. 227, §3 (AMD); PL 2003, c. 227, §9 (AFF); PL 2005, c. 561, §10 (AFF).] B. Class B waters must be of sufficient quality to support all aquatic species indigenous to those waters without detrimental changes in the resident biological community. The dissolved oxygen content of Class B waters may not be less than 7 parts per million or 75% of saturation, whichever is higher, except that for the period from October 1st to May 14th, in order to ensure spawning and egg incubation of indigenous fish species, the 7-day mean dissolved oxygen concentration may not be less than 9.5 parts per million and the one-day minimum dissolved oxygen concentration may not be less than 8.0 parts per million in identified fish spawning areas. Between April 15th and October 31st, the number of Escherichia coli bacteria in these waters may not exceed a geometric mean of 64 CFU or MPN per 100 milliliters over a 90-day interval or 236 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. [PL 2021, c. 551, §11 (AMD).] C. Discharges to Class B waters may not cause adverse impact to aquatic life in that the receiving waters must be of sufficient quality to support all aquatic species indigenous to the receiving water without detrimental changes in the resident biological community. (1-A) For the purpose of allowing the discharge of aquatic pesticides or chemicals approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency to restore resident biological communities affected by an invasive species, the department may find that the discharged effluent will not cause adverse impact to aquatic life as long as the materials and methods used do not cause a significant loss of any nontarget species and allow restoration of nontarget species. The department may find that an unavoidable, temporary loss of nontarget species does not constitute a significant loss of nontarget species. (2) For the purpose of allowing the discharge of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety, the department may find that the discharged effluent will not cause adverse impact to aquatic life as long as the materials and methods used provide protection for nontarget species. When the department issues a license for the discharge of aquatic pesticides authorized under this subparagraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website. [PL 2017, c. 319, §7 (AMD).] [PL 2021, c. 551, §11 (AMD).]

4. Class C waters. Class C shall be the 4th highest classification. A. Class C waters must be of such quality that they are suitable for the designated uses of drinking water supply after treatment; fishing; agriculture; recreation in and on the water; industrial process and cooling water supply; hydroelectric power generation, except as prohibited under Title 12, section 403 ; navigation; and as a habitat for fish and other aquatic life. [PL 2003, c. 227, §4 (AMD); PL 2003, c. 227, §9 (AFF); PL 2005, c. 561, §10 (AFF).] B. Class C waters must be of sufficient quality to support all species of fish indigenous to those waters and to maintain the structure and function of the resident biological community. The dissolved oxygen content of Class C water may not be less than 5 parts per million or 60% of saturation, whichever is higher, except that in identified salmonid spawning areas where water quality is sufficient to ensure spawning, egg incubation and survival of early life stages, that water quality sufficient for these purposes must be maintained. In order to provide additional protection for the growth of indigenous fish, the following standards apply. (1) The 30-day average dissolved oxygen criterion of a Class C water is 6.5 parts per million using a temperature of 22 degrees centigrade or the ambient temperature of the water body, whichever is less, if: (a) A license or water quality certificate other than a general permit was issued prior to March 16, 2004 for the Class C water and was not based on a 6.5 parts per million 30-day average dissolved oxygen criterion; or (b) A discharge or a hydropower project was in existence on March 16, 2005 and required but did not have a license or water quality certificate other than a general permit for the Class C water. This criterion for the water body applies to licenses and water quality certificates issued on or after March 16, 2004. (2) In Class C waters not governed by subparagraph (1), dissolved oxygen may not be less than 6.5 parts per million as a 30-day average based upon a temperature of 24 degrees centigrade or the ambient temperature of the water body, whichever is less. This criterion for the water body applies to licenses and water quality certificates issued on or after March 16, 2004. The department may negotiate and enter into agreements with licensees and water quality certificate holders in order to provide further protection for the growth of indigenous fish. Agreements entered into under this paragraph are enforceable as department orders according to the provisions of sections 347-A to 349. Between April 15th and October 31st, the number of Escherichia coli bacteria in Class C waters may not exceed a geometric mean of 100 CFU or MPN per 100 milliliters over a 90-day interval or 236 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. The board shall adopt rules governing the procedure for designation of spawning areas. Those rules must include provision for periodic review of designated spawning areas and consultation with affected persons prior to designation of a stretch of water as a spawning area. [PL 2021, c. 551, §12 (AMD).] C. Discharges to Class C waters may cause some changes to aquatic life, except that the receiving waters must be of sufficient quality to support all species of fish indigenous to the receiving waters and maintain the structure and function of the resident biological community. For the purpose of allowing the discharge of aquatic pesticides or chemicals approved by the department and conducted by the department, the Department of Inland Fisheries and Wildlife or an agent of either agency to restore biological communities affected by an invasive species, the department may find that the discharged effluent will not cause unacceptable changes to aquatic life as long as the materials and methods used will ensure the support of all species of indigenous fish and the structure and function of the resident biological community and will allow restoration of nontarget species. [PL 2017, c. 319, §9 (AMD).] [PL 2021, c. 551, §12 (AMD).]
38 M.R.S. § 480-HH — ME Code / Title 38 / Chapter 3 / Section 480-HH
38 §480-HH. General permit for offshore wind energy demonstration project
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coastal area" has the same meaning as in section 1802, subsection 1 . [PL 2009, c. 270, Pt. A, §2 (NEW).] B. "Generating facilities" has the same meaning as in Title 35‑A, section 3451, subsection 5 . [PL 2009, c. 270, Pt. A, §2 (NEW).] C. "Maine Offshore Wind Energy Research Center" means the offshore wind energy test area designated pursuant to Title 12, section 1868, subsection 2 . [PL 2009, c. 270, Pt. A, §2 (NEW).] D. "Meteorological tower" means an elevated structure or other support platform with attached equipment, such as an anemometer, a wind direction vane and temperature and pressure sensors and other measurement devices, to measure and assess the wind resource in the project area. [PL 2009, c. 270, Pt. A, §2 (NEW).] E. "Net project removal cost" means the total cost of removal of an offshore wind energy demonstration project, estimated in accordance with the plan required under subsection 3, paragraph G , minus the net salvage value of the project equipment. [PL 2009, c. 270, Pt. A, §2 (NEW).] F. "Ocean energy generating unit" means a wind turbine that converts wind energy to electrical energy that may be employed pursuant to a general permit under this section, a wave energy converter that may be employed pursuant to a general permit issued under this section or a tidal energy demonstration project that may be employed pursuant to a permit issued under section 636‑A . [PL 2009, c. 270, Pt. A, §2 (NEW).] G. "Ocean sensor package" means a floating, submerged or seabed-mounted instrument that measures currents over the full range of site depths, wave data, seawater temperature and seawater salinity and other measurement devices to assess the wave resources in the project area. [PL 2009, c. 270, Pt. A, §2 (NEW).] H. "Offshore wind energy demonstration project" or "project" means a wind energy development that uses a wind turbine to convert wind energy to electrical energy and that employs no more than 2 wind energy turbines, each of which may use different technology, for the primary purpose of testing and validating a turbine blade design, floating platform or other support structure, mooring or anchoring system or other offshore wind energy technology that the applicant certifies is designed for use in ocean waters and is not in use elsewhere in the Gulf of Maine for commercial production of electricity and that may also include: (1) Up to 3 meteorological towers per wind energy turbine proposed; (2) One submerged utility line that is sized to transmit: (a) An amount of electricity less than or equal to that produced by the offshore wind energy demonstration project; or (b) Up to 25 megawatts of electricity if the line is intended to serve multiple offshore wind energy demonstration projects located within the Maine Offshore Wind Energy Research Center and the department has not previously granted approval for such a submerged utility line pursuant to this section; and (3) A wave energy test project. [PL 2009, c. 270, Pt. A, §2 (NEW).] I. "Offshore wind energy test area" means a specific geographic area located on state-owned submerged lands in the coastal area identified as suitable for construction and operation of an offshore wind energy demonstration project pursuant to Title 12, section 1868 , including the Maine Offshore Wind Energy Research Center. [PL 2009, c. 270, Pt. A, §2 (NEW).] J. "Wave energy converter" means a device that uses the motion of ocean surface waves to generate electricity. [PL 2009, c. 270, Pt. A, §2 (NEW).] K. "Wave energy test project" means a hydropower project, as defined by section 632, subsection 3 , that uses ocean wave action to produce electricity and that: (1) Is proposed as part of an offshore wind energy demonstration project and is designed and sited to test production of electricity from wave energy in conjunction with and in a manner that complements electricity produced by an offshore wind energy turbine; (2) Employs up to 2 wave energy converters, each of which may use different technology, that the applicant certifies are designed for use in the ocean and are not in use elsewhere in the Gulf of Maine for commercial production, for the primary purpose of testing and validating the overall design of the converter and its related systems, subsystems or components; and (3) May include one or more of the following additional elements: (a) A mooring or anchoring system; and (b) An ocean sensor package. [PL 2009, c. 270, Pt. A, §2 (NEW).] [PL 2009, c. 270, Pt. A, §2 (NEW).]

2. General permit. A person may apply for a general permit for an offshore wind energy demonstration project in accordance with this section. If a general permit is granted pursuant to this section, a permit is not required under section 480‑C for the construction and operation of an offshore wind energy demonstration project. [PL 2009, c. 270, Pt. A, §2 (NEW).]

3. Application requirements. An applicant for a general permit must file with the department an application that contains: A. Written certification that the offshore wind energy demonstration project, other than any submerged utility line, will be located wholly within an offshore wind energy test area; [PL 2009, c. 270, Pt. A, §2 (NEW).] B. A site plan that includes the following elements: (1) A plan view drawing of the entire project area that shows, with geographic positioning system references, the proposed location of the generating facilities and all other project elements, including but not limited to any submerged utility line or meteorological tower; (2) A narrative description of the proposed activities and methods for construction, operation and removal of the offshore wind energy demonstration project that addresses on-site management of fuels, lubricants and other materials used for project operations or maintenance; (3) A scale drawing that shows the design and location of the proposed mooring or anchoring system; (4) A drawing showing the location of the submerged utility line, if any, and plans for its construction in compliance with the permit by rule standards regarding construction of a submerged utility line established in rules adopted by the board; and (5) A drawing showing the proposed location of each wind turbine in relation to any other offshore wind energy demonstration project within 10 kilometers of the proposed project and written verification that the project will not interfere with the operation of any such previously approved project. [PL 2009, c. 270, Pt. A, §2 (NEW).] C. A report, prepared following consultation with the Department of Marine Resources, that: (1) Describes existing information regarding commercial fishing and other existing uses in the project area; and (2) Describes, based on a field investigation, the marine resources, including benthic communities, in the marine waters and on the submerged lands and immediately adjacent areas in, on or over which the applicant proposes to locate any mooring, anchoring system, meteorological tower, ocean sensor package, submerged utility line or other project element that is secured to the seabed; [PL 2009, c. 270, Pt. A, §2 (NEW).] D. Written acknowledgement that, in accordance with this section, the department may require the applicant to take remedial action, at the applicant's expense, pursuant to subsection 13 , including but not limited to removal of the generating facilities and submerged utility line and termination of the project; [PL 2009, c. 270, Pt. A, §2 (NEW).] E. A fish and wildlife monitoring plan that includes provisions for conducting monitoring, throughout the term of the general permit, of the behavior and interaction of species listed as threatened or endangered in Title 12, section 6975 or Title 12, section 12803, subsection 3 ; avian species, including seabirds, passerines, raptors, shorebirds, water birds and waterfowl; bats; and marine mammals and other marine resources with the project, including but not limited to the generating facilities and mooring or anchoring systems employed, and identifying potential adverse effects. The plan, at a minimum, must include: (1) A detailed description of the methods and equipment that will be used for monitoring fish and wildlife behavior and activity in the vicinity of the project; (2) A detailed description of how the fish and wildlife monitoring data will be analyzed and provided to the department in electronic format, with specific criteria by which to evaluate adverse effects; (3) A detailed implementation schedule, including the frequency and timing of data recovery, maintenance of the monitoring equipment and quarterly reporting to the department; (4) A detailed monitoring schedule that considers ocean conditions, seasonal variations in species' presence or absence and other pertinent biological factors; (5) Provisions for identifying and implementing remedial measures if monitoring identifies any adverse changes in fish or wildlife behavior or use of ocean habitats; (6) A detailed description of the methods and equipment that will be used to determine and monitor ambient noise levels, electromagnetic fields and noise associated with project construction and subsequent operations and the effectiveness of any devices that are proposed to avoid and minimize the potential for related foreseeable adverse effects, if any; and (7) Provisions for filing an annual report with the department describing the monitoring results and any recommendations for modifying the generating facilities or other project elements, or commencing the approved project removal plan, if necessary to minimize adverse effects on natural resources identified pursuant to plans required under this section. Thirty days prior to submission of the report to the department, the applicant shall provide a draft of the report to the Department of Marine Resources, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and the National Marine Fisheries Service and shall include in the annual report any comments from those agencies and the applicant's responses to them; [PL 2009, c. 270, Pt. A, §2 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] F. A navigation safety plan to protect the public and project facilities from such events as: collisions between commercial and recreational vessels and project facilities; entanglement of fishing gear, anchors, dredging equipment or other underwater devices that may damage or become entangled with project transmission, anchoring and mooring lines; release of or damage to the project's submerged utility line, anchoring system or other project elements in, on or over the seabed; and electrocution. The plan must, at a minimum, consider the need and provide for as appropriate: (1) A boundary defining an exclusion zone around the proposed generating facilities, anchoring system, submerged utility line and other project elements, if any, in which specified types of navigation and underwater activities incompatible with project operations may not be conducted. Any such exclusion zone must be specified with global positioning system coordinates and be designed to minimize potential conflicts with other existing uses in the area and may be no larger than the applicant demonstrates is necessary to achieve the purposes of the offshore wind energy demonstration project; (2) Marking the extreme corners of the exclusion zone, specified pursuant to subparagraph (1), with lights, buoys or other indicators sufficient to warn vessels of the above-water and underwater project elements and the boundaries of the exclusion zone during both day and night; (3) Marking the generating facilities with fog signals, low-intensity navigation lights, hazard marking lights or other aids to navigation and painting and lighting the generating facilities in a way that considers the aesthetic resources of the project area as well as the safety of the public and project facilities and meets applicable Federal Aviation Administration guidelines and United States Coast Guard requirements; (4) Procedures to ensure the safety of the public near the project area; and (5) A description of monitoring for and actions the applicant will take to prevent and address an emergency that specifies: procedures the applicant will take during an emergency, including but not limited to immediate shutdown; a protocol for coordination with and reporting an emergency to local, state and federal agencies; contingency measures to modify operations to address reasonably foreseeable emergency conditions; and a schedule for annual testing of emergency equipment, including the project's emergency shutdown system; [PL 2009, c. 270, Pt. A, §2 (NEW).] G. A project removal plan that the applicant will, at its expense, initiate within 60 days of expiration or termination of a general permit granted pursuant to this section and that provides for: (1) Removal of the project in its entirety from all project lands and waters, except for any part of the project regarding which the applicant provides the department substantial evidence of plans for continued beneficial use, including but not limited to an executed lease of state-owned submerged lands, as applicable, or for partial removal or other modification adequate to avoid foreseeable adverse effects on natural resources and existing uses; (2) Minimizing seabed disturbances and suspended sediments during removal of any underwater facilities; (3) Monitoring the effects of the removal activities on species listed as threatened or endangered species in Title 12, section 6975 or Title 12, section 12803, subsection 3 and marine resources both during and subsequent to completion of removal activities; (4) An implementation schedule that provides for all removal and restoration activities to be completed within one year of the expiration date of the general permit pursuant to subsection 9 ; (5) An estimate of the total project removal cost, without regard to salvage value of the equipment, and the net project removal cost, prepared by a licensed professional engineer; and (6) Written evidence and certification that the applicant has posted and will maintain funds for project removal in an amount equal to the net project removal cost, except that at no point may such funds be less than 25% of the total project removal cost. The applicant shall post and maintain project removal funds with a bonding company or federal-chartered or state-chartered lending institution that is authorized to do business in the State and chosen by the applicant and considered acceptable by the department posting the financial security. Project removal funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance that the department considers adequate to ensure funds posted pursuant to this paragraph will remain inviolate and available for project removal if the applicant ceases to exist, declares bankruptcy or becomes insolvent or otherwise unable to finance the project removal plan required under this paragraph; [PL 2009, c. 270, Pt. A, §2 (NEW).] H. Documentation that, in developing each plan required under paragraphs E to G , the applicant consulted with: the Department of Marine Resources, the Department of Inland Fisheries and Wildlife and the Department of Agriculture, Conservation and Forestry; the Maine Land Use Planning Commission and the Governor's Energy Office; the United States Army Corps of Engineers, the United States Coast Guard, the National Marine Fisheries Service, the National Park Service and the United States Fish and Wildlife Service; the lobster management policy council established under Title 12, section 6447 for the lobster management zone in which the offshore wind energy demonstration project is proposed; each municipality in which or adjacent to which the project is proposed; and any other local, state or federal agency the applicant considers appropriate. This documentation must include copies of these agencies' comments and recommendations on the plan, if any, and specific descriptions of how the agencies' comments are accommodated by the plan, including the applicant's reasons, based on project-specific information, for any agency recommendation not adopted. The applicant shall allow a minimum of 60 days for the agencies to review and make comments and recommendations on each draft plan before it is filed with the department. No more than 30 days prior to its initiation, the applicant shall notify each municipality within or adjacent to which it intends to site and operate an offshore wind energy demonstration project and invite its participation in the consultation required under this paragraph; [PL 2011, c. 655, Pt. MM, §20 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).] I. Documentation, including certificates of insurance, that the applicant has and will maintain a current general liability policy for the project that covers bodily injury, property damages and environmental damages in an amount considered reasonable by the department in consideration of the scope, scale and location of the project; [PL 2009, c. 270, Pt. A, §2 (NEW).] J. Documentation that the applicant has the financial and technical capacity to construct and operate the project as proposed; [PL 2009, c. 270, Pt. A, §2 (NEW).] K. Certification that neither the applicant nor any corporation, partnership, person or other legal entity with an ownership, leasehold or other direct financial interest in the proposed project holds or has an application pending for approval of a general permit under this section for any other offshore wind energy demonstration project located in the offshore wind energy test area in which the project is proposed. This paragraph does not apply to an application by the University of Maine System for a project, funded in whole or part with state or federal funds and proposed for location in the Maine Offshore Wind Energy Research Center, that employs offshore wind energy technology for which the department has not previously granted a general permit under this section; and [PL 2009, c. 270, Pt. A, §2 (NEW).] L. For an offshore wind energy demonstration project proposed for location within the Maine Offshore Wind Energy Research Center, written evidence that the proposed development will be undertaken by or in cooperation with the University of Maine System and on terms and in a manner that the University of Maine System determines consistent with and in furtherance of its offshore wind energy research and development-related objectives, including but not limited to any such objectives to be supported with state bond revenues. [PL 2009, c. 270, Pt. A, §2 (NEW).] [PL 2011, c. 655, Pt. MM, §20 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF); PL 2011, c. 657, Pt. W, §5 (REV); PL 2011, c. 682, §38 (REV).]

4. Review period. There is a 60-day review period for applications for a general permit for an offshore wind energy demonstration project under this section. The review period begins on the date that the department has accepted an application for processing. This review period may be extended pursuant to section 344‑B with the consent of the applicant. [PL 2009, c. 270, Pt. A, §2 (NEW).]

5. Notification. Except as otherwise provided by subsection 13 , the department shall notify an applicant in writing within the review period pursuant to subsection 4 if the department determines that the requirements of this section have not been met. The notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this subsection within the review period, a general permit is deemed to have been granted as of the date immediately following the final day of the review period specified in subsection 4 . [PL 2009, c. 270, Pt. A, §2 (NEW).]

6. Fees. The department shall assess a fee for review of applications filed pursuant to this section, including a request for modification under subsection 13 . Except as otherwise provided by section 344‑A , the fee must be commensurate with the amount assessed, pursuant to section 352 , to activities requiring an individual permit for coastal wetland alterations. [PL 2009, c. 270, Pt. A, §2 (NEW).]

7. Violation. Any action taken by a person receiving a general permit under this section that is not in compliance with the plans submitted under subsection 3 or as subsequently modified with the approval of the department in consultation with agencies and other entities with whom the applicant consulted in accordance with subsection 3 is a violation of the general permit. [PL 2009, c. 270, Pt. A, §2 (NEW).]

8. General permit term. Except as otherwise provided in subsections 9 to 12 , a general permit granted under this section authorizes conduct of the approved offshore wind energy demonstration project in accordance with this subsection: A. If the offshore wind energy demonstration project is not located in the Maine Offshore Wind Energy Research Center, conduct of the project is authorized for 3 years from the date that construction of a permitted structure on submerged lands is initiated or 5 years from the date on which the general permit has been granted pursuant to subsection 5 , whichever first occurs; or [PL 2009, c. 270, Pt. A, §2 (NEW).] B. If the offshore wind energy demonstration project is located in the Maine Offshore Wind Energy Research Center, conduct of the project is authorized for 5 years from the date that construction of a permitted structure on submerged lands is initiated or 7 years from the date on which the permit has been granted pursuant to subsection 5 , whichever first occurs. [PL 2009, c. 270, Pt. A, §2 (NEW).] The applicant must provide the department written notice of the date of initiation of construction within 7 days of its commencement. Except as otherwise provided by subsection 9 , the department may not extend the term of a general permit granted under this section. [PL 2009, c. 270, Pt. A, §2 (NEW).]

9. Extensions to permit term. The department may grant one or more extensions of the general permit term in accordance with this subsection. A. The department may grant one or more extensions of the general permit term, each for a period of 6 months or less, if, prior to expiration of the general permit term, the applicant has filed completed applications for all requisite state license and permit approvals for a wind energy development, as defined by Title 35‑A, section 3451, subsection 11 , located wholly or partly where the offshore wind energy demonstration project is located. The department may not grant an extension under this paragraph for a project located in the Maine Offshore Wind Energy Research Center. [PL 2009, c. 270, Pt. A, §2 (NEW).] B. The department shall grant one or more extensions, each of which may not exceed 3 years, of the general permit term for an offshore wind energy demonstration project that is funded in whole or in part with state or federal funds and is located in the Maine Offshore Wind Energy Research Center if the applicant provides written evidence that the University of Maine System has determined that the extension is necessary to fulfill the research and development objectives of the project. [PL 2009, c. 270, Pt. A, §2 (NEW).] [PL 2009, c. 270, Pt. A, §2 (NEW).]

10. Surrender; demonstrated progress required. If the department determines that the applicant has not completed or made substantial and ongoing progress to complete construction of all project elements within one year of the date on which the general permit has been granted pursuant to subsection 5 , the applicant must surrender its general permit, subject to conditions regarding project removal pursuant to subsection 11 . An applicant may surrender to the department a general permit granted pursuant to this section prior to its expiration pursuant to subsection 8 or 9 . Subject to conditions regarding project removal under subsection 11 , the general permit terminates on the date of its surrender pursuant to this subsection. [PL 2009, c. 270, Pt. A, §2 (NEW).]

11. Project removal. Within 60 days of expiration or termination of a general permit pursuant to subsection 8 , 9 , 10 or 12 , the applicant shall initiate implementation of the project removal plan provided for under subsection 3, paragraph G . If the applicant fails to begin implementing the plan within this 60-day period, the department may take such measures as it considers necessary to initiate and fully implement the plan by drawing on the financial surety provided pursuant to the project removal plan. The applicant's acceptance of the general permit constitutes agreement and consent by the applicant and its heirs, successors and assigns that the department may take such action as necessary to initiate and fully implement the project removal plan. The holder of the project removal funds shall release the project removal funds when the applicant has demonstrated and the department concurs that the project removal plan has been satisfactorily completed or upon written authorization by the department in the event the department implements the plan pursuant to this subsection. [PL 2009, c. 270, Pt. A, §2 (NEW).]

12. Remedial action. If the department determines, based on information provided in annual or periodic reports provided pursuant to subsection 3 or other information, that there is substantial evidence that the project is having a significant adverse effect on a protected natural resource, wildlife, including avian wildlife, bat species, marine mammals, fish or other marine resources or public health or safety, the department shall order the applicant to take action that the department considers necessary to address that adverse effect. Remedial action required by the department may include, but is not limited to: A. Suspension or modification of project operations; or [PL 2009, c. 270, Pt. A, §2 (NEW).] B. Cessation of operations and removal of some or all elements of the project, including but not limited to the generating facilities, if there is no practicable alternative to address the adverse effect. [PL 2009, c. 270, Pt. A, §2 (NEW).] [PL 2009, c. 270, Pt. A, §2 (NEW).]

13. Permit modification; relocation. Following the granting of a general permit under this section, the department may authorize an applicant to move the generating facilities to another location within the same offshore wind energy test area, as long as the applicant provides an amended site plan that meets the requirements of subsection 3, paragraphs B , C , E , F and H . The department shall notify the applicant in writing within 30 days of acceptance for processing if the department determines that the requirements of this section have not been met. Any such notification must specifically cite the requirements of this section that have not been met. If the department has not notified the applicant under this subsection within the specified time period, a permit modification is deemed to have been granted. [PL 2009, c. 270, Pt. A, §2 (NEW).]

14. Relationship to other laws. Notwithstanding any other provision of law to the contrary, an offshore wind energy demonstration project that has been granted a general permit under this section is not subject to review by or required to obtain a development permit, rezoning authorization or other approval or authorization from the Maine Land Use Planning Commission and is not otherwise subject to review or approval by the department pursuant to this subchapter. A municipality may not enact or enforce any land use, zoning or other standard, conditions or requirement regarding an offshore wind energy demonstration project located within the municipality that is stricter than standards, conditions or requirements of this section. The municipality has the burden of proof regarding the location of the project in relation to its boundaries. Any action by the municipality regarding its authorization to site, construct or operate an offshore wind energy demonstration project must be taken within 60 days of the grant of a general permit under this section or within 30 days of the granting of a permit modification pursuant to subsection 13 . [PL 2009, c. 270, Pt. A, §2 (NEW); PL 2011, c. 682, §38 (REV).]

15. Number of projects in the Maine Offshore Wind Energy Research Center. Notwithstanding any provision of law to the contrary, a general permit may not be granted under this section for an offshore wind energy demonstration project that is proposed for location within the Maine Offshore Wind Energy Research Center if grant of that general permit would authorize more than 6 ocean energy generating units to be sited and in operation at any one time within the Maine Offshore Wind Energy Research Center. [PL 2009, c. 270, Pt. A, §2 (NEW).]
38 M.R.S. § 355 — ME Code / Title 38 / Chapter 2 / Section 355
38 §355. Lake Environmental Protection Fund
Status: in_force

The Lake Environmental Protection Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund to assist the municipalities of the State in defraying legal expenses which may be incurred as a result of the regulation of land use activities and the enforcement of land use laws and ordinances in lake watersheds. The fund consists of such money as is appropriated to it from time to time by the Legislature. It is administered by the department and the money in it 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, §40 (AFF); PL 1989, c. 890, Pt. B, §15 (AMD).]
38 M.R.S. § 1319-O — ME Code / Title 38 / Chapter 13 / Section 1319-O
38 §1319-O. Rule-making authority; hazardous waste, waste oil and biomedical waste
Status: in_force

1. Hazardous waste. This subsection governs rulemaking for hazardous waste. A. The department may adopt and amend rules identifying hazardous waste. It is the intent of the Legislature that the department shall identify as hazardous waste those substances that are identified by the United States Environmental Protection Agency in proposed or final regulations. The Legislature also intends that the department may identify as hazardous waste, in accordance with subparagraph (2), other substances in addition to those identified by the United States Environmental Protection Agency. Further, the Legislature intends that a substance that has been identified as a hazardous waste by the department may be removed from identification only by further rulemaking by the department. Hazardous waste may be identified as follows. (1) The department may identify any substance as a hazardous waste if that substance is identified as hazardous by particular substance, by characteristic, by chemical class or as a waste product of a specific industrial activity in proposed or final rules of the United States Environmental Protection Agency. (2) The department may identify any substance as a hazardous waste if the department, after evaluation based on existing data or data reasonably extrapolated from previously conducted studies using similar classes of substances or compounds under similar circumstances, has determined that the substance is an acute or chronic toxin causing significant potential adverse public health or environmental effects. An acute or chronic toxin may include the characteristics of: (a) Carcinogenicity; (b) Mutagenicity; (c) Teratogenicity; or (d) Infectiousness. Rules adopted under this subparagraph must be submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review. (3) Whenever the department proposes to adopt or amend rules identifying hazardous waste or removing hazardous waste from identification, the department shall hold a public hearing. (4) In addition to hazardous waste identified under subparagraphs (1) and (2), the Legislature identifies the following chemicals, materials, substances or waste as being hazardous waste: (a) Polychlorinated biphenyls and any substance containing polychlorinated biphenyls. [PL 2019, c. 315, §12 (AMD).] B. The department may adopt rules relating to the handling of hazardous waste, including, but not limited to: (1) Containerization and labeling of hazardous waste, consistent with applicable rules of other federal and state agencies; (2) Reporting of handling of hazardous waste; and (3) Waste that is not compatible. [PL 2019, c. 315, §12 (AMD).] C. The department may adopt rules relating to transportation of hazardous waste, including, but not limited to: (1) Licensing of transporters of hazardous waste, conveyances used for the transportation of hazardous waste and the operators of these conveyances; and licensing fees must be paid to the Maine Hazardous Waste Fund; and (2) A manifest system for hazardous waste that takes into consideration the requirements of the United States Resources Conservation and Recovery Act of 1976, Public Law 94-580, as amended, and this subchapter. [PL 2019, c. 315, §12 (AMD).] D. The department may adopt rules relating to the interim and final licensing and operation of waste facilities for hazardous waste, including, but not limited to: (1) Standards for the safe operation and maintenance of the waste facilities, including, but not limited to, record keeping, monitoring before and during operation of the facility and after its termination of use or closure, inspections and contingency plans to minimize potential damage from hazardous waste; (2) The training of personnel and the certification of supervisory personnel involved in the operation of the waste facilities; (3) The termination, closing and potential future uses of the waste facilities; (4) Rules equivalent to regulations of the United States Environmental Protection Agency that provide for licensing or permitting by rule; and (5) Corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage or disposal facility seeking a permit under this subchapter, regardless of the time waste was placed in the unit. For purposes of this paragraph, "solid waste management unit" includes any waste pile, landfill, surface impoundment or land treatment facility from which hazardous constituents might migrate, regardless of whether the unit was intended for the management of solid or hazardous wastes. [PL 2019, c. 315, §12 (AMD).] E. The department may adopt rules relating to evidence of financial capacity of hazardous waste facilities' owners or operators, and of those who transport hazardous waste, to protect public health, safety and welfare and the environment, including, but not limited to: (1) Liability insurance; (2) Bonding; and (3) Financial ability to comply with statutory and regulatory requirements or conditions. Evidence of financial capacity required by the department may include one, or any combination, of the following: insurance, guarantee, surety bond, letter of credit or qualification as a self-insurer. In establishing the required evidence of financial capacity to further the purposes of this subchapter, the department may specify policy or other contractual terms, conditions or defenses that are necessary or that are unacceptable. [PL 2019, c. 315, §12 (AMD).] F. By January 1, 2000, the board shall adopt, at a minimum, the universal waste rules, excluding pesticides, promulgated by the United States Environmental Protection Agency as defined in 40 Code of Federal Regulations, Parts 9, 260, 261, 262, 264, 265, 266, 268, 270 and 273. [PL 1999, c. 340, §1 (NEW).] [PL 2019, c. 315, §12 (AMD).]

2. Waste oil. This subsection governs rulemaking for waste oil. A. The department may adopt rules relating to the transportation, collection and treatment, storage and disposal of waste oil to protect public health, safety and welfare and the environment. The rules may include, without limitation, rules requiring licenses for waste oil transporters and waste oil facilities including waste oil management facilities, the location of waste oil treatment, storage and disposal sites, evidence of financial capability and manifest systems for waste oil. [PL 2021, c. 186, §14 (AMD).] B. The department may adopt rules relating to the registration, design and operation of used oil collection centers for the purposes of section 1319‑Y . Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 315, §12 (AMD).] [PL 2021, c. 186, §14 (AMD).]

3. Handling and disposal of biomedical waste. The department shall adopt rules relating to the packaging, labeling, handling, storage, collection, transportation, treatment and disposal of biomedical waste, including infectious and pathogenic waste, to protect public health, safety and welfare and the environment. A. The rules must include, without limitation: (1) Registration of biomedical waste generators; (2) Handling of biomedical waste by generators; (3) Licensing of biomedical waste transporters and the conveyances used for the transportation of biomedical waste; (4) Implementation of a biomedical waste tracking or manifest system; (5) Establishment of treatment and disposal standards; and (6) Categories of biomedical waste subject to regulation under this subsection, consistent with the provisions of section 1303‑C, subsection 1‑A . [PL 1989, c. 124, §3 (NEW); PL 1989, c. 869, Pt. A, §11 (AMD); PL 1989, c. 869, Pt. A, §21 (AFF).] B. The department shall adopt rules governing the siting, licensing, operational and record-keeping requirements for biomedical waste treatment, storage and disposal facilities. [PL 2019, c. 315, §12 (AMD).] C. The department shall require evidence of financial capacity. [PL 2019, c. 315, §12 (AMD).] D. The department may assess licensing and registration fees sufficient to pay for the department's administrative costs in regulating biomedical waste. [PL 2019, c. 315, §12 (AMD).] E. The rules must provide transportation and disposal options for persons who generate fewer than 50 pounds of sharps per month that allow: (1) The generator or an employee of the generator to transport properly packaged sharps to a licensed biomedical waste disposal facility or another medical facility that has volunteered to serve as a collection point for sharps if no more than 50 pounds of sharps are transported in one trip; and (2) The generator to mail properly packaged sharps to a licensed biomedical waste disposal facility in this State or a facility in another state if the carrier accepts those items and no more than 50 pounds are transported in any single package. For purposes of this paragraph, "sharps" means items that may cause puncture wounds or cuts, including hypodermic needles, syringes, scalpel blades, capillary tubes and lancets, and "properly packaged" means packaged in accordance with department rules and rules or requirements imposed by the mail carrier. [PL 1993, c. 529, §1 (NEW).] [PL 2019, c. 315, §12 (AMD).]
38 M.R.S. § 2165 — ME Code / Title 38 / Chapter 24 / Section 2165
38 §2165. Regulation of certain dry cell batteries
Status: in_force

1. Definitions. As used in this section and section 2166 , the following terms have the following meanings. A. "Industrial, communications or medical facility" means a structure or site where 15 or more people are employed and: (1) Where articles are assembled, manufactured or fabricated; (2) Are included in major group 48 of the federal Office of Management and Budget, Standard Industrial Codes; or (3) Where medical services are provided. [PL 1991, c. 808, §2 (NEW).] B. "Rechargeable battery" means any nickel-cadmium or sealed lead-acid battery that is designed for reuse and is capable of being recharged after repeated use. [PL 1991, c. 808, §2 (NEW).] [PL 1991, c. 808, §2 (NEW).]

2. Disposal ban. A person employed directly or indirectly by a government agency, or an industrial, communications or medical facility may not knowingly dispose of a dry cell mercuric oxide battery or a rechargeable battery in a manner that is not part of a collection system established under subsection 4 . [PL 1991, c. 808, §2 (NEW).]

3. User responsibility. A government agency or industrial, communications or medical facility shall collect and segregate, by chemical type, the batteries that are subject to the disposal prohibition under subsection 2 and return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product. [PL 1991, c. 808, §2 (NEW).]

4. Manufacturer responsibility. A manufacturer of dry cell mercuric oxide or rechargeable batteries that are subject to subsection 1 shall: A. Establish and maintain a system for the proper collection, transportation and processing of waste dry cell mercuric oxide and rechargeable batteries for purchasers in this State; [PL 1991, c. 808, §2 (NEW).] B. Clearly inform each purchaser that intends to use these batteries of the prohibition on disposal of dry cell mercuric oxide and rechargeable batteries and of the available systems for proper collection, transportation and processing of these batteries; [PL 1991, c. 808, §2 (NEW).] C. Identify a collection system through which mercuric oxide and rechargeable batteries must be returned to the manufacturer or to a manufacturer-designated collection site; and [PL 1991, c. 808, §2 (NEW).] D. Include the cost of proper collection, transportation and processing of the waste batteries in the sales transaction or agreement between the manufacturer and any purchaser. [PL 1991, c. 808, §2 (NEW).] [PL 1991, c. 808, §2 (NEW).]

5. Supplier responsibility. A final supplier of mercuric oxide and rechargeable batteries or battery-operated products is responsible for informing the purchasers that intend to use these batteries of the purchaser's responsibilities under this section. [PL 1991, c. 808, §2 (NEW).]

6. Mercury content. [PL 2009, c. 86, §2 (AMD); PL 2011, c. 206, §35 (RP).]

7. Effective date. Except as otherwise indicated, this section takes effect January 1, 1994. [PL 1991, c. 808, §2 (NEW).]

8. Penalty. A violation of subsection 2 is a civil violation for which a forfeiture of not more than $100 per battery disposed of improperly may be adjudged. A violation of subsection 4 is a civil violation for which a forfeiture of not more than $100 may be adjudged. Each day that a violation continues or exists constitutes a separate offense. [PL 2011, c. 206, §36 (AMD).]

9. Battery management plan. [PL 1995, c. 656, Pt. A, §49 (RP).]
38 M.R.S. § 1726-A — ME Code / Title 38 / Chapter 17 / Section 1726-A
38 §1726-A. Agreement to provide limited services
Status: in_force

1. Provision of limited waste disposal services. If for any reason the board of directors of a district organized under this chapter has not declared a disposal system operational for the disposal of all solid waste generated by the residential and commercial activities within the member municipalities, the district may contract with all or any of the member municipalities of the district, and any member municipality may contract with the district to provide a system for the disposal of any portion or type of residential, commercial or industrial waste generated within a member municipality on such terms and conditions as the district and the member municipality may agree. Notwithstanding any law, charter or ordinance provisions to the contrary, the powers to contract with a refuse disposal district conferred upon a municipality pursuant to this section may be exercised by the municipal officers as defined in Title 30‑A, section 2001 , including the assessors of a plantation, only when authorized, in the case of a municipality with a city or town council, by action of the council or, in the case of a municipality without such a council, by action of the town meeting. This subsection applies and the action of the city council, town council or town meeting is effective whether it was taken before or after the effective date of this subsection. [PL 1989, c. 861 (NEW).]

2. Powers. Except as provided in this section, all of the provisions of this chapter apply to a district providing limited waste disposal services pursuant to this section, including, but not limited to, the authority to issue bonds and notes in accordance with subchapter IV . The provisions of this section apply to all refuse disposal districts organized under this chapter, including refuse disposal districts organized prior to the effective date of this section. [PL 1989, c. 861 (NEW).]

3. Collection sites or systems. Each member municipality that enters into a contract with a district pursuant to this section is responsible for providing a collection site or system for the portion or type of solid waste generated within that member municipality and, subject to the contract with the district, for the transportation of that solid waste to a waste facility designated by the district, together with all incidental costs. The member municipality may contract with the district to provide collection and transportation services. [PL 1989, c. 861 (NEW).]

4. Municipal assessments. A district that proposes to provide limited waste disposal services may submit to the legal voters of the district a question with regard to granting the district assessment powers in substantially the form provided under section 1755 . Authorized assessments must be shared by the member municipalities of the district under the same formula as guarantees are shared pursuant to section 1754 . A. When the question is submitted prior to the issuance of any indebtedness by the district, the directors may decide that approval of such an assessment article by the voters of a municipality is a condition of each municipality's continuance as a member of the district, in which case the ballots must include a statement that municipalities that fail to vote in favor of the proposed assessment article are no longer members of the district if the board determines that it is feasible or practical to constitute a district as a geographic unit made up of the municipalities voting in favor of the proposed assessment article. The ballots must also state the method to be used to allocate assessments among the member municipalities if the article is approved. The ballot may not contain a specific fractional share of the assessment to be borne by each member municipality. The votes must be counted in each municipality and the affirmative vote of a simple majority of votes cast in each municipality is required to grant the district assessment powers over all of the municipalities in the district. When 3 or more municipalities are involved in the voting and at least 2 have voted to approve the assessment article submitted to them, rejection of the proposed assessment article by one or more municipalities does not defeat the assessment power with respect to the municipalities voting in favor of it if the board determines that it is feasible or practical to constitute a district made up of the municipalities voting in favor of the article as a geographic unit. In that event, the board, immediately after making its findings, shall issue an amended certificate of organization in the name of the district for a district composed only of the municipalities voting in favor of the assessment article. Upon the issuance of a certificate the municipalities not approving the assessment article are no longer members of the district. The original of the amended certificate must be delivered to the directors of the district and a copy of the certificate attested by the commissioner must be filed and recorded in the office of the Secretary of State. The issuance of the certificate by the board is conclusive evidence of the lawful reorganization of the district. If the board determines that it is not feasible or practical to constitute the district as a geographic unit composed of the municipalities voting affirmatively on the article, the district continues to exist with no assessment power and the municipalities that did not approve the assessment article remain members of the district. [PL 2011, c. 655, Pt. GG, §25 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).] B. When the question is submitted after the issuance of any indebtedness by the district, the provisions of section 1755, subsection 2 apply. [PL 1989, c. 861 (NEW).] [PL 2011, c. 655, Pt. GG, §25 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Guaranteed bonds. If the district has been authorized to issue guaranteed notes and bonds pursuant to section 1754 , a contract between the district and a member municipality pursuant to this section may authorize the district to issue notes and bonds that are guaranteed pro rata by that member municipality. If the district established the share of liability of each member municipality for guaranteed notes and bonds using the valuation method set forth in section 1754, subsection 4, paragraph A , the pro rata share of liability of each member municipality authorizing the district to issue guaranteed notes and bonds must be established in accordance with a fraction, the numerator of which is the most recent state valuation of all property of the member municipality authorizing the district to issue the guaranteed notes and bonds and the denominator of which is the most recent state valuation of all property located within all the member municipalities authorizing the district to issue the guaranteed notes and bonds. If the district established the share of liability of each member municipality for guaranteed notes and bonds using the per capita method set forth in section 1754, subsection 4, paragraph B , the pro rata share of liability of each member municipality authorizing the district to issue guaranteed notes and bonds must be established in accordance with a fraction, the numerator of which is the most recent census of all residents of the member municipality authorizing the district to issue the guaranteed notes and bonds and the denominator of which is the most recent census of all residents of all the member municipalities authorizing the district to issue the guaranteed notes and bonds. A member municipality's fractional share of liability for guaranteed notes and bonds authorized pursuant to these contracts may be different from that member municipality's fractional share of liability for guaranteed notes and bonds calculated pursuant to section 1754. The guarantee provisions of this section apply to districts providing limited waste disposal services under this section that have authority to issue bonds and notes guaranteed by member municipalities. A member municipality may not be required to guarantee any portion of the indebtedness issued by a district providing limited waste disposal services under this section unless the municipality has entered into a contract providing for such a guarantee pursuant to this section. [PL 1993, c. 11, §3 (AMD).]

6. General municipal powers. In addition to the powers granted to municipalities under this chapter, the provisions of section 1304‑B apply to the member municipalities of a district providing limited waste disposal services pursuant to this section and nothing contained in this section limits the powers of a municipality under section 1304‑B . [PL 1989, c. 861 (NEW).]

7. Relationship to other laws. The obligation of a municipality to pay any fees, assessments, contract costs or expenses, guaranteed amounts or any other payments in accordance with any agreement or contract entered into pursuant to this section does not constitute a debt or indebtedness of the municipality within the meaning of any statutory, charter, ordinance or other provision limiting the incurrence or the amount of municipal indebtedness. The authorization or incurrence of the obligation or any municipal action to raise funds to meet the obligation does not require or is not subject to any voter referendum or approval under any statutory, charter, ordinance or other provision. No contract entered into in accordance with this section may be deemed to be a contract in restraint of trade or otherwise unlawful under Title 10, chapter 201 . [PL 1989, c. 861 (NEW).]
38 M.R.S. § 3107 — ME Code / Title 38 / Chapter 33 / Section 3107
38 §3107. Commingling of beverage containers
Status: in_force

Notwithstanding any provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided in this section. No later than October 15, 2024, each initiator of deposit shall enter into a commingling agreement pursuant to subsection 1‑A or 1‑B . If, by October 15, 2024, an initiator of deposit has not entered into a commingling agreement pursuant to subsection 1‑A or 1‑B , the initiator commits a violation of this chapter, is subject to penalties under section 3111 and, as long as the violation exists, is prohibited from selling or distributing in the State any beverage container subject to the requirements of this chapter, and a distributor or dealer may not sell or distribute in the State any such containers of the initiator and the department may remove from sale any such containers of the initiator. [PL 2023, c. 482, §19 (AMD).]

An initiator of deposit that enters into a commingling agreement pursuant to this section shall permit any other initiator of deposit to become a party to that agreement on the same terms and conditions as the original agreement. [PL 2023, c. 482, §20 (AMD).]

For the purposes of this chapter and notwithstanding any provision of this chapter to the contrary, the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement as described in subsection 1‑A as long as the State allows a dealer or redemption center to commingle returned containers of like material, including, but not limited to, through use of an account-based bulk processing program. [PL 2023, c. 482, §21 (AMD).]

1. Commingling requirement. If initiators of deposit enter into a commingling agreement pursuant to this section, commingling of beverage containers must be by all containers of like deposit value, product group, material and size. Initiators of deposit may not require dealers or redemption centers to further sort containers that belong to the commingling group. This subsection does not prevent further commingling of containers if requested by the responsible commingling group or the cooperative. An initiator of deposit required pursuant to section 3106, subsection 8 or 8‑A to pick up beverage containers subject to a commingling agreement also shall pick up all other beverage containers subject to the same agreement. A dealer or redemption center that processes beverage containers using a reverse vending machine or account-based bulk processing program is not required to sort material by color, in accordance with subsection 2, paragraphs E to H , deposit value or size but must comply with the requirements of section 3106, subsection 6 . [PL 2025, c. 241, §5 (AMD).]

1-A. Qualified commingling agreements. The department shall determine that a commingling agreement is qualified for the purposes of this chapter if: A. Fifty percent or more of beverage containers of like product group, material and size for which the deposits are being initiated in the State are included in the commingling agreement; or [PL 2023, c. 482, §23 (AMD).] B. The initiators of deposit included in the commingling agreement are initiators of deposit for beverage containers containing wine and each initiator of deposit sells no more than 100,000 gallons of wine or 500,000 beverage containers containing wine in a calendar year. [PL 2023, c. 482, §23 (AMD).] C. [PL 2023, c. 482, §23 (RP).] [PL 2023, c. 482, §23 (AMD).]

1-B. Special commingling agreements. A designated pick-up agent for initiators of deposit that are not members of a commingling group and that cannot in the aggregate satisfy the requirements for a qualified commingling agreement under subsection 1‑A, paragraph A shall execute and submit a special commingling agreement to the department for approval. Notwithstanding any provision of this section to the contrary, the department may approve a special commingling agreement that, in accordance with applicable requirements of this section, provides for the commingling by dealers and redemption centers of the beverage containers for which those initiators have initiated deposits. A. Once approved, the designated pick-up agent shall permit any initiator of deposit that is not a member of a commingling group to become a party to the special commingling agreement. [PL 2023, c. 482, §24 (NEW).] B. The department may approve up to 2 special commingling agreements pursuant to this subsection and shall adopt rules governing approval and administration of special commingling agreements, which must include, but are not limited to, rules regarding the administration of the agreement, data and reporting requirements for initiators that are parties to the agreement, beverage container sorting and auditing requirements, statewide assessment requirements for the pick-up agent to ensure geographical coverage and the process for addressing container count discrepancies and return of containers not covered by the agreement. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 482, §24 (NEW).] [PL 2023, c. 482, §24 (NEW).]

2. Commingling of like materials. For purposes of this section, containers are considered to be of like materials if made up of one of the following: A. [PL 2025, c. 241, §6 (RP).] B. Aluminum; [PL 2015, c. 166, §14 (NEW).] C. Metal other than aluminum; [PL 2025, c. 241, §6 (AMD).] D. Glass; [PL 2025, c. 241, §6 (AMD).] E. Clear, transparent green or transparent light blue polyethylene terephthalate; [PL 2025, c. 241, §6 (NEW).] F. Other polyethylene terephthalate that is not clear, transparent green or transparent light blue; [PL 2025, c. 241, §6 (NEW).] G. Clear high-density polyethylene; [PL 2025, c. 241, §6 (NEW).] H. Colored high-density polyethylene; or [PL 2025, c. 241, §6 (NEW).] I. Other materials, including refillable beverage containers, that in the department's discretion are necessary to carry out the purposes of this chapter. [PL 2025, c. 241, §6 (NEW).] [PL 2025, c. 241, §6 (AMD).]

3. Commingling of like products. For purposes of this section, like products are those that are made up of one of the following: A. Beer, ale or other beverage produced by fermenting malt, wine and wine coolers; [PL 2015, c. 166, §14 (NEW).] B. Spirits; [PL 2015, c. 166, §14 (NEW).] C. Soda; [PL 2015, c. 166, §14 (NEW).] D. Noncarbonated water; and [PL 2015, c. 166, §14 (NEW).] E. All other beverages. [PL 2015, c. 166, §14 (NEW).] [PL 2015, c. 166, §14 (NEW).]

3-A. Commingling by 3rd party or stewardship organization. [PL 2023, c. 482, §25 (RP).]

3-B. Commingling program operated by commingling cooperative. Subject to the requirements of this subsection and notwithstanding any provision of this chapter to the contrary, by October 15, 2024, all commingling groups established pursuant to subsections 1‑A and 1‑B , including the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, shall collectively establish a commingling cooperative to provide for the management of all beverage containers subject to the requirements of this chapter under a single commingling program, referred to in this subsection as "the program." A. The cooperative must be established as a nonprofit organization exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3). The cooperative must be governed by a board of not less than 9 and not more than 15 members that represents the range of beverages and beverage container material types subject to the requirements of this chapter and that includes a board member representing each commingling group. The board shall convene an advisory group that includes as members representatives of the range of beverages and beverage container material types subject to the requirements of this chapter as well as representatives of dealers, pick-up agents, recycling facilities, redemption centers that primarily sort containers manually, redemption centers that primarily sort containers using reverse vending machines, entities operating account-based bulk processing programs and environmental advocacy organizations. The board shall invite representatives of the department to participate in and provide input regarding the activities of the advisory group. [PL 2023, c. 482, §26 (NEW).] B. By January 15, 2025, the cooperative shall submit a plan for the operation of the program to the department for review and approval. The plan must include, but is not limited to: (1) The method by which the program will facilitate and, no later than October 1, 2026, complete the transition from beverage container sorting at redemption centers by brand to sorting by material type and, for redemption centers that manually sort containers, by size and deposit value within each material type. The program may facilitate the negotiation of agreements with redemption centers to gather brand data through use of reverse vending machines, account-based bulk processing programs or similar technology as long as the cost of such data collection is paid by the program; (2) Standards to provide for fair apportionment of costs among the commingling groups and initiators of deposit included in the program, which may be based on: (a) The combined beverage container sales by the initiators of deposit that are members of each commingling group; (b) The unit or brand counts generated by reverse vending machines or account-based bulk processing programs as long as the reverse vending machines or account-based bulk processing programs are subject to periodic 3rd-party audits on a schedule approved by the department and with the costs of those audits paid by the program; and (c) The rates of redemption, as determined pursuant to the method set forth in subparagraph (3) and in accordance with the requirements of subparagraph (5); (3) A method for determining the rate of redemption for beverage containers, which must be verified through a 3rd-party audit paid for by the cooperative, expressed as a percentage of the beverage containers redeemed that are available for redemption; the rate of redemption by beverage type and by beverage container material type; and, to the maximum extent practicable, regional redemption rates in the State. The method for determining the redemption rate may not include in its calculation any unredeemed beverage containers collected or processed by municipal or other recycling programs. The program must ensure that a single redemption rate, determined by the method specified in the plan, is used by all commingling groups and initiators of deposit to determine cost apportionment pursuant to subparagraph (2); (4) A budget for the program that includes, but is not limited to, identification of any start-up costs for the program that will not be ongoing, including, but not limited to, the costs of the study described in paragraph F , and a description of the method by which the cooperative will determine and collect payments from commingling groups to cover the program's start-up costs; (5) The method by which the cooperative will collect deposits from initiators of deposit for nonrefillable beverage containers and handling fees for redeemed containers, whether directly from the initiator of deposit or through the commingling group of which the initiator of deposit is a member. The program must ensure that an initiator of deposit is not required to pay any handling fees for its beverage containers that exceeds the applicable redemption rate for those containers as calculated pursuant to subparagraph (3); (6) A description of how the cooperative intends to segregate, maintain, calculate and expend unclaimed beverage container deposits in accordance with section 3108‑A ; (7) A description of how the cooperative will provide a consistent beverage container pick-up schedule for each redemption center in accordance with the pick-up requirements of section 3106, subsection 8‑A and the rules adopted pursuant to that subsection. The program must ensure that pick-up schedules are designed to reduce transportation distances and minimize costs but must allow each commingling group to provide for beverage container pickup of the commingling group's equivalent container material; (8) Information on how the cooperative will be responsible for and ensure payment to a dealer or redemption center within 10 calendar days of any beverage container pickup of all applicable deposits and handling fees for the beverage containers picked up from the dealer or redemption center, except as otherwise provided under a written agreement entered into by the cooperative or a member commingling group and the dealer or redemption center, and the applicable costs of plastic bags provided to the dealer or redemption center in accordance with section 3106, subsection 9 ; (9) Information on how the cooperative will ensure that each commingling group and each initiator of deposit that is a member of the commingling group maintains ownership over the commingling group's and initiator of deposit's share of the beverage containers redeemed, collected and processed for recycling under the program; (10) Information on how the cooperative will calculate the base rates offered for the processing of beverage containers using an account-based bulk processing program or pick-up agents; (11) A certification that the cooperative will not share, except with the department as necessary, information provided by a commingling group or initiator of deposit that is proprietary information and that is identified by the commingling group or initiator of deposit as proprietary information. The certification must include a description of the methods by which the cooperative intends to ensure the confidentiality of that information; (12) Information on how the cooperative will maintain a publicly accessible website regarding the program that includes, at a minimum, the following: (a) A searchable list of all initiators of deposit and beverage container label registrations, including for beverages sold directly to consumers in the State, in a manner that allows redemption centers, dealers and consumers to obtain up-to-date information regarding whether a particular beverage is authorized for sale and redemption in the State; (b) A search function through which consumers can identify nearby dealers or redemption centers offering redemption services based on information made available to the cooperative by the department; and (c) The base rates for the processing of beverage containers by container type as determined in accordance with subparagraph (10); (13) A proposed timeline for implementation of the program plan, if approved, designed to ensure implementation of the plan on or before January 15, 2026 and a description of how the cooperative will notify commingling groups, initiators of deposit, dealers, distributors, pick-up agents and other affected entities regarding program implementation, which must include, but is not limited to, posting of information relating to program implementation on the website described in subparagraph (12); (14) A description of how the cooperative will support the development of infrastructure throughout the State for the collection and sanitization of refillable beverage containers and for the return of those refillable beverage containers to initiators of deposit of refillable beverage containers for refilling and sale. That infrastructure development may involve redemption centers, centralized washing and sanitization facilities and other methods; (15) Information regarding the advisory group formed by the board in accordance with paragraph A, including, but not limited to, its membership and the length of the terms of its members, a proposed meeting schedule and a description of the role and responsibilities of the advisory group, which may include, but are not limited to, advising the board regarding the development of the plan submitted under this paragraph; (16) A description of how the cooperative will operate the program in a manner designed to achieve an overall statewide redemption rate for all beverage containers subject to the requirements of this chapter, as determined in accordance with subparagraph (3), of 75% by January 1, 2027; of 80% by January 1, 2032; and of 85% by January 1, 2037; and (17) Any other information required by the department. [PL 2025, c. 241, §§7, 8 (AMD).] C. Within 120 days of receipt of a plan submitted by the cooperative under paragraph B, the department shall review the plan and approve the plan, approve the plan with conditions or reject the plan. Prior to determining whether to approve or reject a plan, the department shall hold a public meeting on the plan. The department shall notify the cooperative in writing of its determination and, if the plan is approved with conditions or rejected, shall include in the notification a description of the basis for the conditions or rejection. (1) If the cooperative's plan is rejected, it may submit a revised plan to the department within 60 days of receiving the notice of rejection. The department may approve the revised plan as submitted or approve the revised plan subject to the implementation of specific changes required by the department. (2) If the cooperative's plan is approved in accordance with this paragraph, the cooperative shall implement the plan on or before January 15, 2026 in accordance with the timeline for implementation described in paragraph B , subparagraph (13), subject to any changes or conditions imposed by the department. If the cooperative fails to implement an approved plan on or before January 15, 2026, the initiators of deposit that are members of each of the commingling groups included in the cooperative are deemed to be in violation of this chapter and are subject to penalties pursuant to section 3111 . [PL 2025, c. 241, §9 (AMD); PL 2025, c. 241, §21 (AFF).] D. If the department determines that the program implemented by the cooperative pursuant to a plan approved under paragraph C has failed to make adequate progress toward fulfilling the requirements of the plan, excluding the redemption rate goals described in paragraph B , subparagraph (16), the department shall notify the cooperative in writing of its determination and may direct the cooperative to implement specific changes to the program within 30 days of the date of the notification. [PL 2023, c. 482, §26 (NEW).] E. On or before April 1, 2026, and annually thereafter, the cooperative shall submit to the department and make available on its publicly accessible website a report that includes, but is not limited to: (1) Contact information for the cooperative and a list of all initiators of deposit and beverage container label registrations, including for beverages sold directly to consumers in the State; (2) Information on the rates of redemption for beverage containers calculated in accordance with plan requirements under paragraph B , subparagraph (3). The report must include information regarding the total number of beverage containers subject to the requirements of this chapter sold or distributed in the State during the previous calendar year by the members of each commingling group, aggregated within each commingling group to provide only a total, aggregated number for each commingling group. If the calculated overall statewide redemption rate for beverage containers is less than the applicable redemption rate goal described in paragraph B , subparagraph (16), the report must include recommendations for changes to the operation of the program that are designed to achieve the required rate, which may include, but are not limited to, recommended increases in the deposit and refund value for beverage containers; (3) Detailed information on the calculation and expenditure of unclaimed deposit funds in the previous calendar year in accordance with section 3108‑A ; (4) A description of the education and outreach efforts implemented under the program in the previous calendar year to encourage participation in the beverage container redemption program, reduce instances of fraud in redemption and educate businesses and consumers on the value and safety of refillable beverage containers. The report must include the results of an assessment, completed by an independent 3rd party, of the effectiveness of the efforts; (5) Any recommendations for changes to the program to improve the convenience of the collection system under the program, consumer education or program evaluation and any goals for supporting the use of refillable and reusable containers; (6) A financial report on the program, as determined through a 3rd-party financial audit, that identifies the total cost of implementing the program and the specific administration, collection, transportation, disposition and communication costs for the program, including all costs associated with payment of handling fees, and an anticipated budget for the subsequent program year; and (7) Any other information required by the department. For the report due April 1, 2026 only, the department may modify or waive any of the reporting requirements set forth in this paragraph upon a finding that the information required cannot feasibly be determined or provided by the cooperative due to a partial-year operation of the program. [PL 2023, c. 482, §26 (NEW).] F. Within 90 days of receiving approval of a program plan from the department under paragraph C, the cooperative, in consultation with the department, shall contract with an independent 3rd party to conduct a study: examining operating costs for redemption centers of a variety of sizes, in a variety of geographical locations and using a variety of redemption technologies; analyzing the effects that eliminating brand sorting of beverage containers may have on transportation costs and redemption center operating costs, including, but not limited to, labor and utilities costs; recommending a handling fee schedule and payment schedule designed to facilitate a stable and sustainable redemption system; and recommending other recycling-related services that may be provided at redemption centers to support statewide recycling efforts and diversify the redemption center business model. (1) In consultation with the department, the cooperative shall ensure that the study contract specifies the scope of the study and provides for publication of an interim progress report or reports and a final report. All costs associated with the study must be paid by the cooperative. (2) The cooperative shall provide any interim progress reports and the final report under subparagraph (1) to the department and, after receipt of the final report, the department shall provide a copy of the final report, along with any additional comments or recommendations of the department, to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters. The final report and any additional comments or recommendations of the department may be included in the report required pursuant to section 3115, subsection 3 . After reviewing the final report and the department's additional comments or recommendations, if any, the committee may report out legislation relating to the final report or to the department's comments or recommendations. [PL 2023, c. 482, §26 (NEW).] F-1. After consultation with the department and interested persons, the cooperative shall contract with a 3rd-party entity to complete a study by July 15, 2026 to determine the feasibility of achieving goals of 5% refillable and reusable beverage containers sold in the State by 2030, by 2040 and by 2050 and 10% refillable and reusable beverage containers sold in the State by 2030, by 2040 and by 2050 and to determine the infrastructure and investments that would be necessary to support those goals and shall provide the results of the study, along with any related recommendations, to the department. After reviewing the results of the study and any recommendations of the cooperative, the department shall include the results of the study, along with any additional comments or recommendations from the department, in the report required by section 3115, subsection 3 that is due by February 15, 2027. [PL 2023, c. 529, §1 (NEW).] G. The cooperative shall pay to the department a reasonable annual fee established by the department, not to exceed $600,000, as provided in this paragraph. (1) On or before October 31, 2025, the cooperative shall pay to the department the annual fee under this paragraph to cover the department's costs for review of the program plan submitted by the cooperative pursuant to paragraph B and the department's costs prior to program plan implementation in its oversight of the development and implementation of the commingling program under this subsection. The department may require the cooperative to pay a portion of the fee required under this subparagraph at the time the cooperative submits a program plan for review and approval pursuant to paragraph B to cover the department's cost for review of the program plan. (2) On or before April 1, 2026, and annually thereafter, the cooperative shall pay to the department the annual fee under this paragraph to cover the department's costs for review of the cooperative's annual report under paragraph E and the department's costs in the previous calendar year for its oversight, administration and enforcement of the commingling program implemented under this subsection. The cooperative shall pay the fee required pursuant to this subparagraph at the time it submits the annual report required pursuant to paragraph E . [PL 2025, c. 241, §10 (AMD).] H. Reports submitted to the department under this subsection must be made available to the public on the department's publicly accessible website, except that proprietary information submitted to the department in a plan, in an amendment to a plan or pursuant to reporting requirements of this subsection that is identified by the submitter as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . [PL 2023, c. 482, §26 (NEW).] I. An initiator of deposit that is not in compliance with all applicable requirements of a department-approved program plan implemented pursuant to this subsection: (1) Commits a violation of this chapter and is subject to penalties pursuant to section 3111 ; and (2) Is prohibited from selling or distributing in the State any beverage container subject to the requirements of this chapter as long as the violation exists. A distributor or dealer may not sell or distribute in the State any such containers of the initiator of deposit, and the department may remove from sale any such containers of the initiator of deposit. [PL 2025, c. 241, §11 (AMD).] The department may adopt rules as necessary for the implementation of this subsection and the oversight of the cooperative and the single commingling program implemented pursuant to this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 241, §§7-11 (AMD); PL 2025, c. 241, §21 (AFF).]

4. Registration of commingling agreements. Not later than 48 hours following the execution or amendment of a commingling agreement, including an amendment that adds an additional party to an existing agreement, the parties shall file a copy of the commingling agreement or amendment with the department. [PL 2015, c. 166, §14 (NEW).]

5. Reapproval of qualified commingling agreements. This subsection provides for the reapproval of qualified commingling agreements that have been approved or reapproved by the department pursuant to this section. A. The initiators of deposit participating in a qualified commingling agreement under this section that was approved as a qualified commingling agreement prior to November 9, 2016 shall, no later than July 1, 2021, submit to the department an application for reapproval of that commingling agreement in a form prescribed by the department. [PL 2019, c. 526, §8 (NEW).] B. The initiators of deposit participating in a qualified commingling agreement under this section that was approved or reapproved on or after November 9, 2016 must submit to the department an application for reapproval of that commingling agreement in a form prescribed by the department at least 6 months prior to the date of expiration of the department's prior approval or reapproval. [PL 2019, c. 526, §8 (NEW).] C. After review of an application submitted under this subsection, the department may reapprove the commingling agreement for an additional period not to exceed 10 years. [PL 2019, c. 526, §8 (NEW).] [PL 2019, c. 526, §8 (NEW).]
38 M.R.S. § 418 — ME Code / Title 38 / Chapter 3 / Section 418
38 §418. Log driving and storage
Status: in_force

1. Prohibitions. A person, firm, corporation or other legal entity may not place logs or pulpwood: A. Into the inland waters of the State for the purpose of driving the logs or pulpwood to pulp mills, lumber mills or any other destination, except to transport logs or pulpwood from islands to the mainland; [PL 2003, c. 452, Pt. W, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. On the ice of any inland waters of the State, except to transport logs or pulpwood from islands to the mainland; or [PL 2003, c. 452, Pt. W, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Into the inland waters of the State for the purpose of storage or curing the logs or pulpwood, or for other purposes incidental to the processing of forest products, or to transport logs or pulpwood from islands to the mainland, without a permit from the department as described in subsection 2 . [PL 2003, c. 452, Pt. W, §5 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. W, §5 (RPR); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Storage; permit. Whoever proposes to use the inland waters of this State for the storage or curing of logs or pulpwood, or for other purposes incidental to the processing of forest products, or to transport logs or pulpwood from islands to the mainland, shall apply to the department for a permit for that use. Applications for these permits must be in a form prescribed by the commissioner. If the department finds, on the basis of the application, that the proposed use will not lower the existing quality or the classification, whichever is higher, of any waters, nor adversely affect the public rights of fishing and navigation therein, and that inability to conduct that use will impose undue economic hardship on the applicant, it shall grant the permit for a period not to exceed 5 years, with such terms and conditions as, in its judgment, may be necessary to protect the quality, standards and rights. In the event the department determines it necessary to solicit further evidence regarding the proposed use, it shall schedule a public hearing on the application. At that hearing the department shall solicit and receive testimony concerning the nature and extent of the proposed use and its impact on existing water quality, water classification standards and the public rights of fishing and navigation and the economic implications upon the applicant of the use. If, after hearing, the department determines that the proposed use will not lower the existing quality or the classification standards, whichever is higher, of any waters, nor adversely affect the public rights of fishing and navigation therein and that inability to conduct the use will impose undue economic hardship on the applicant, it shall grant the permit for a period not to exceed 5 years, with such terms and conditions as in its judgment may be necessary to protect the quality, standards and rights. [PL 1997, c. 794, Pt. A, §28 (AMD).]

3. Exception. [PL 1973, c. 422 (RP).]
38 M.R.S. § 90-B — ME Code / Title 38 / Chapter 1 / Section 90-B
38 §90-B. Budget
Status: in_force

The commission's budget must be prepared and submitted to the commissioner for approval. [PL 1997, c. 727, Pt. C, §18 (AMD).]
38 M.R.S. § 583-B — ME Code / Title 38 / Chapter 4 / Section 583-B
38 §583-B. Classification of air quality control regions
Status: in_force

The air quality regions set forth in section 583 or portions thereof are classified as follows: [PL 1979, c. 381, §6 (NEW).]

1. Class I. Class I: A. Those federal lands which have been established as mandatory Class I areas by the Federal Clean Air Act: Acadia National Park located in the Downeast Air Quality Region; Moosehorn National Wildlife Refuge located in the Downeast Air Quality Region; and the Roosevelt Campobello International Park located in New Brunswick, Canada; [PL 1979, c. 381, §6 (NEW).] [PL 1979, c. 381, §6 (NEW).]

2. Class II. The areas in the State not designated Class I or Class III or nonattainment areas shall be Class II areas; [PL 1979, c. 381, §6 (NEW).]

3. Class III. [PL 1979, c. 381, §6 (NEW).]

4. Nonattainment areas. The board shall have the authority to designate certain regions or portions thereof as nonattainment areas after opportunity for a public hearing and determination that any ambient air quality standard is being exceeded; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §157 (AMD).]

5. Redesignation of class. A. [PL 1979, c. 732, §28 (RP).] B. Other areas may be redesignated as follows: (1) The board may recommend to the Legislature the redesignation of any air quality region in whole or in part, to Class I, II or III. Prior to this recommendation, an opportunity for a public hearing shall be offered in areas which may be affected by the proposed redesignation. Prior to notice of the hearing opportunity, a report shall be made available with a description and an analysis of health, environmental, economic, social and energy impacts with the proposed redesignation. Should the area proposed for redesignation include or be deemed to affect federally owned lands, the board shall consult with the appropriate federal land manager prior to the redesignation. All proposed redesignations shall be submitted to the Legislature for enactment. [PL 1983, c. 566, §33 (AMD).] [PL 1983, c. 566, §33 (AMD).]
38 M.R.S. § 1393 — ME Code / Title 38 / Chapter 13-D / Section 1393
38 §1393. Prohibition on installation of facilities in wellhead protection zones
Status: in_force

1. Prohibition. Unless otherwise exempted pursuant to subsection 2 : A. A person may not install an underground oil storage facility in a wellhead protection zone; and [PL 2007, c. 569, §6 (NEW).] B. After September 30, 2008, a person may not install in a wellhead protection zone: (1) An aboveground oil storage facility; (2) An automobile graveyard as defined in Title 30‑A, section 3752, subsection 1 or an automobile recycling business as defined in Title 30‑A, section 3752, subsection 1‑A ; (3) An automobile body shop or other automobile maintenance and repair facility; (4) A dry cleaning facility that uses perchloroethylene; (5) A metal finishing or plating facility; or (6) A commercial hazardous waste facility as defined under section 1303‑C, subsection 4 . [PL 2011, c. 206, §21 (AMD).] [PL 2011, c. 206, §21 (AMD).]

2. Exceptions. Subsection 1 does not apply to: A. A facility in existence on the effective date of the prohibition established under subsection 1 ; [PL 2011, c. 206, §22 (AMD).] B. The replacement or expansion of an underground oil storage facility in existence on September 30, 2001 or a facility identified in subsection 1, paragraph B in existence on September 30, 2008 as long as the replacement or expansion occurs on the same property, the facility meets all applicable requirements of law and, in the case of replacement, the facility owner: (1) Within 30 days after removal of the existing facility, notifies the commissioner and municipal code enforcement officer in writing of the owner's intent to replace the facility; and (2) Commences construction of the replacement facility within 2 years after removal of the existing facility; [PL 2011, c. 206, §23 (AMD).] C. The conversion of an aboveground oil storage facility in existence on September 30, 2001 to an underground oil storage facility or vice versa, as long as the conversion occurs on the same property and the facility to be converted meets all applicable requirements of law; [PL 2007, c. 569, §6 (NEW).] D. The installation of an oil storage facility used solely to store heating oil for consumption on the premises, including the installation of an aboveground heating oil supply tank; or [PL 2007, c. 569, §6 (NEW).] E. The installation of a facility located on the same property as a well serving only users of that property. [PL 2007, c. 569, §6 (NEW).] This subsection may not be interpreted to allow the conversion, replacement or expansion of an underground oil storage tank or underground oil storage facility subject to the abandonment requirement under section 566‑A . [PL 2011, c. 206, §§22, 23 (AMD).]
38 M.R.S. § 958 — ME Code / Title 38 / Chapter 6 / Section 958
38 §958. Existing uses
Status: in_force

Any existing building or structure or use of a building or structure lawful March 19, 1974, or on the date of any subsequent amendment of this chapter or of any regulation adopted hereunder, may continue although such a use of a structure does not conform to this chapter or the regulations adopted hereunder. Any existing building or structure may be repaired, maintained and improved, but an existing building, structure or nonconforming use may be extended, expanded or enlarged only by permit from the commission. A nonconforming use, other than a single family residential use, that is discontinued for any reason for a period of one year is deemed abandoned and may not be resumed thereafter except in compliance with the requirements of this chapter. [PL 1995, c. 171, §9 (AMD).]

If, as a result of flood, fire or other casualty, the value of a nonconforming building or structure is reduced by more than 75%, it may be rebuilt and the nonconforming use housed therein may be continued only by permit from the commission. If a nonconforming building or structure is decreased in value less than 75% by flood, fire or other casualty, it may be rebuilt in substantially the same location and in the same size without a permit from the commission, even though it would otherwise violate the requirements of this chapter, provided that the rebuilding shall be commenced within 12 months of the casualty. [PL 1979, c. 459, §1 (NEW).]

If 2 or more contiguous lots or portions thereof are in single ownership on or after March 19, 1974, and if all or part of the lots do not meet the criteria of lot width, area, frontage or other measures required under this chapter or if a building thereon could not meet the aggregate requirements established by this chapter, the lots involved shall be considered to be one parcel for the purposes of this chapter. [PL 1979, c. 459, §1 (NEW).]

To avoid undue hardship, nothing in this chapter may be deemed to require a change in the design, construction or intended use of any building or structure with respect to which substantial construction was legally carried out prior to March 19, 1974 or the effective date of any amendment to this chapter. An intended use within the meaning of this section is any use for which such a building or structure is designed as evidenced by the construction or by plans or specifications in existence as of March 19, 1974 or, in the case of any intended use affected by any amendment to this chapter, construction, plans or specifications in existence on the effective date of that amendment. [PL 1995, c. 171, §9 (AMD).]
38 M.R.S. § 1208 — ME Code / Title 38 / Chapter 11 / Section 1208
38 §1208. Collection of unpaid rates
Status: in_force

There is a lien on real estate served or benefited by the sewers of any district formed under this chapter to secure the payment of rates established and due under section 1202 , which arises and is perfected as services are provided and takes precedence over all other claims on such real estate, excepting only claims for taxes. [PL 2015, c. 174, §4 (AMD).]

The treasurer of the district has full and complete authority and power to collect the rates, tolls, rents and other charges established under section 1202 . The treasurer may, after demand for payment, sue in the name of the district in a civil action for any rate, toll, rent or other charge remaining unpaid in any court of competent jurisdiction. In addition to other methods established by law for the collection of rates, tolls, rents and other charges, and without waiver of the right to sue for the rate, toll, rent or other charge, the lien created may be enforced in the following manner. The treasurer may, after the expiration of 3 months and within one year after the date when the rate, toll, rent or other charge became due and payable, give to the owner of the real estate served, or leave at the owner's last and usual place of abode, or send by certified mail, return receipt requested, to the owner's last known address, a notice in writing signed by the treasurer or bearing the treasurer's facsimile signature, stating the amount of that rate, toll, rent or other charge, describing the real estate upon which the lien is claimed and stating that a lien is claimed on the real estate to secure the payment of the rate, toll, rent or other charge and demanding the payment of the rate, toll, rent or other charge within 30 days after service or mailing, with $1 for the treasurer for mailing the notice together with the certified mail, return receipt requested, fee. The notice must contain a statement that the district is willing to arrange installment payments of the outstanding debt. For the purpose of this section, a mobile home is defined as real estate. After the expiration of a period of 30 days and within one year thereafter, the treasurer shall record in the registry of deeds of the county in which the property of such person is located a certificate signed by the treasurer or bearing the treasurer's facsimile signature setting forth the amount of such rate, toll, rent or other charge, describing the real estate on which the lien is claimed, and stating that a lien is claimed on the real estate to secure payment of the rate, toll, rent or other charge and that a notice and demand for payment of the rate, toll, rent or other charge has been given or made in accordance with this section and stating further that such rate, toll, rent or other charge remains unpaid. At the time of the recording of any such certificate in the registry of deeds as provided, the treasurer shall file in the office of the district a true copy of such certificate and shall mail a true copy of the certificate by certified mail, return receipt requested, to each record holder of any mortgage on the real estate, addressed to such record holder at the record holder's last and usual place of abode. If the notice described in this paragraph was not provided to all persons who were record owners of the real estate at that time, the treasurer shall mail a true copy of the lien certificate by certified mail, return receipt requested, to any such record owner who was not provided a notice, addressed to the record owner at the record owner's last known address, as well as to any new record owner as of the date the lien certificate was recorded. [PL 2015, c. 174, §5 (AMD).]

The filing of the certificate in the registry of deeds creates a mortgage on the underlying real estate to the district that has priority over all other mortgages, liens, attachments and encumbrances of any nature, except liens, attachments and claims for taxes, and gives to the district all the rights usually possessed by mortgagees, except that the district as mortgagee does not have any right to possession of the real estate until the right of redemption has expired. If the mortgage, together with interest and costs, has not been paid within 18 months after the date of filing of the certificate in the registry of deeds, the mortgage is deemed to be foreclosed and the right of redemption to have expired. The filing of the certificate in the registry of deeds is sufficient notice of the existence of the mortgage created in this paragraph. If the rate, toll, rent or other charge, with interest and costs, is paid within the period of redemption, the treasurer of the district shall discharge the mortgage in the same manner as for the discharge of tax lien mortgages pursuant to Title 36, section 943 . After the expiration of the 18-month period of redemption, in the event a copy of the certificate has not been provided to a mortgage holder of record or an owner of record as required by this section, the mortgage holder of record or the owner of record who did not receive a notice has the right to redeem the real estate within 3 months after receiving actual knowledge of the recording of the lien certificate by payment or tender of the amount of the sewer lien mortgage, together with interest and costs, and to have the lien discharged. [PL 2015, c. 174, §6 (AMD).]

The costs to be paid by the owner of the real estate served are the sum of the fees for receiving, recording and indexing the lien, or its discharge, as established by Title 33, section 751 , plus $25, adjusted annually by the treasurer of the district for inflation based on the Consumer Price Index, as defined in Title 5, section 17001, subsection 9 , plus all certified mail, return receipt requested, fees. [PL 2021, c. 70, §1 (AMD).]

The treasurer of the district shall notify the party named on the sewer lien mortgage and each record holder of a mortgage on the real estate not more than 45 days or less than 30 days before the foreclosing date of the sewer lien mortgage, in a writing signed by the treasurer or bearing the treasurer's facsimile signature and left at the holder's last and usual place of abode or sent by certified mail, return receipt requested, to the holder's last known address, of the impending automatic foreclosure and indicating the exact date of foreclosure. For sending this notice, the district is entitled to receive $3 plus all certified mail, return receipt requested, fees. These costs must be added to and become a part of the amount due. If notice is not given in the time period specified in this paragraph to the party named on the sewer lien mortgage or to any record holder of a mortgage, the person not receiving timely notice may redeem the sewer lien mortgage until 30 days after the treasurer does provide notice in the manner specified in this paragraph. Beginning with liens created after October 30, 2001, the notice of impending automatic foreclosure must be substantially in the following form: STATE OF MAINE _________ SANITARY DISTRICT NOTICE OF IMPENDING AUTOMATIC FORECLOSURE SEWER LIEN Title 38, M.R.S.A., section 1208 IMPORTANT: DO NOT DISREGARD THIS NOTICE YOU WILL LOSE YOUR PROPERTY UNLESS YOU PAY THE CHARGES, COSTS AND INTEREST FOR WHICH A LIEN ON YOUR PROPERTY HAS BEEN CREATED BY THE ____________ SANITARY DISTRICT . TO:______________ You are the party named on the Sewer Lien Certificate filed on ____________, 20__ and recorded in Book _____, Page _____ in the ____________ County Registry of Deeds. This ____________ Sanitary District filing created a sewer lien mortgage on the real estate described in the Sewer Lien Certificate. On ____________, 20__, the sewer lien mortgage will be foreclosed and your right to redeem the mortgage and recover your property by paying the district's charges and interest that are owed will expire. IF THE LIEN FORECLOSES, THE ____________ SANITARY DISTRICT WILL OWN YOUR PROPERTY, SUBJECT ONLY TO MUNICIPAL TAX LIENS. If you can not pay the outstanding charges, costs and interest that are the subject of this notice or the subject of installment payment arrangements that you have made with the district, please contact me immediately to discuss this notice. __________________ District Treasurer [PL 2001, c. 319, §2 (NEW).]

The district shall pay the treasurer $1 for the notice, $1 for filing the lien certificate and the amount paid for certified mail, return receipt requested, fees. The fees for recording the lien certificate shall be paid by the district to the register of deeds. [PL 1987, c. 29, §2 (NEW).]

A discharge of the certificate given after the right of redemption has expired, which discharge has been recorded in the registry of deeds for more than one year, terminates all title of the sewer district derived from that certificate or any other recorded certificate for which the right of redemption expired 10 years or more prior to the foreclosure date of this discharge lien, unless the sewer district has conveyed any interest based upon the title acquired from any of the affected liens. [PL 1995, c. 21, §1 (NEW); PL 1995, c. 21, §2 (AFF).]
38 M.R.S. § 637 — ME Code / Title 38 / Chapter 5 / Section 637
38 §637. Review of rules
Status: in_force

Rules adopted by the board pursuant to this subarticle shall be immediately submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review and may not become effective until 91 days after the adjournment of the next regular session of the Legislature which adjourns after their submission. This committee may report out legislation it deems necessary to clarify legislative intent regarding rules adopted pursuant to this subarticle. [PL 1985, c. 698, §16 (NEW).]
38 M.R.S. § 1304 — ME Code / Title 38 / Chapter 13 / Section 1304
38 §1304. Department; powers and duties
Status: in_force

1. Rules. Subject to the Maine Administrative Procedure Act, Title 5, chapter 375 , the board may adopt, amend and enforce rules as it deems necessary to govern waste management, including the location, establishment, construction and alteration of waste facilities as the facility affects the public health and welfare or the natural resources of the State. The rules shall be designed to minimize pollution of the State's air, land and surface and ground water resources, prevent the spread of disease or other health hazards, prevent contamination of drinking water supplies and protect public health and safety. In adopting these rules, the board shall also consider economic impact, technical feasibility and such differences as are created by population, hazardous or solid waste, sludge or septage volume and geographic location. [PL 1989, c. 585, Pt. E, §5 (AMD).]

1-A. Rules; transportation. The board shall adopt rules relating to the transportation of solid waste, including, without limitation: A. Licensing categories of transporters of septage, used motor vehicle tires and construction or demolition debris, conveyances used for the transportation of septage, used motor vehicle tires and construction or demolition debris and the operators of these conveyances as the board finds necessary to effect sound waste management; [PL 1999, c. 385, §3 (AMD).] B. Establishment of transporter licensing and conveyance registration fees that are sufficient to recover all costs of administering, monitoring compliance with and enforcing the provisions of this subsection and which fees must be paid to the Maine Environmental Protection Fund; [PL 1991, c. 824, Pt. A, §87 (AMD).] C. A manifest system for categories of solid waste that must provide a means to account for septage, used motor vehicle tires and construction or demolition debris handled, transported and disposed of in the State; and [PL 1999, c. 385, §3 (AMD).] D. Evidence of financial capacity of transporters to protect public health, safety and welfare and the environment, including, without limitation: (1) Liability insurance; (2) Performance bonding; and (3) Financial ability to comply with statutory and regulatory requirements or conditions. [PL 1987, c. 517, §9 (NEW).] [PL 1999, c. 385, §3 (AMD).]

1-B. Handling of special waste. The board may adopt rules relating to the handling of special waste, including, without limitation: A. Containerization and labeling of special waste; [PL 1987, c. 517, §9 (NEW).] B. Reporting on handling of special waste; [PL 1987, c. 517, §9 (NEW).] C. Waste which is not compatible; and [PL 1987, c. 517, §9 (NEW).] D. A marking system, by categories of waste, to clearly identify vehicles transporting solid waste. [PL 1987, c. 517, §9 (NEW).] [PL 1987, c. 517, §9 (NEW).]

1-C. Rules; agronomic utilization of sludge. Rules adopted by the board relating to the agronomic utilization of sludge are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 507, §1 (AMD).]

1-D. Rules; beneficial use of solid waste. The board may adopt or amend rules relating to the beneficial use of solid waste. Rules adopted or amended pursuant to this subsection are major substantive rules, as defined in Title 5, chapter 375, subchapter 2‑A , except that rules adopting or amending screening levels for beneficial use that are derived using the standard risk protocols of the United States Environmental Protection Agency are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 57, §1 (NEW).]

2. Site location. [PL 1993, c. 383, §35 (RP).]

3. Municipal status reports. [PL 1989, c. 585, Pt. E, §6 (RP).]

4. Technical assistance. The commissioner is authorized to establish guidelines for effective waste management, to provide technical assistance to persons planning, constructing or operating waste facilities and to conduct applied research activities in the field of waste management, disposal technology and environmental effects, including methods of recycling hazardous or solid waste, sludge or septage. [PL 2011, c. 655, Pt. GG, §10 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4-A. Right of entry. For the purposes of enforcing any provision of this Act or of developing or enforcing any rule authorized by this Act, any duly authorized representative or employee of the department may, upon presentation of appropriate credentials, at any reasonable time: A. Enter any establishment or other place which is not a residence, or any conveyance, where or in which hazardous or solid waste, sludge or septage is generated, handled or transported; [PL 1981, c. 430, §8 (RPR).] B. Inspect and obtain samples of any hazardous or solid waste, sludge or septage, including samples from any conveyance in which hazardous or solid waste, sludge or septage is being or has been transported, as well as samples of any containers or labels; and [PL 1981, c. 430, §9 (AMD).] C. Inspect and copy any records, reports, information or test results relating to hazardous or solid waste, sludge or septage. [PL 1979, c. 383, §6 (NEW).] [PL 1981, c. 430, §§7-9 (AMD).]

5. Planning grants. [PL 1989, c. 585, Pt. E, §8 (RP).]

6. Study. [PL 1981, c. 478, §3 (RP).]

7. Hazardous waste plan. [PL 1981, c. 478, §3 (RP).]

8. Licenses for waste facilities. [PL 1987, c. 517, §10 (RP).]

9. Restrictive covenants. [PL 1983, c. 432, §5 (RP).]

10. Legislative review. Rules adopted by the board under this section and section 1319‑O, subsection 1 which impose standards or requirements more stringent than final regulations of the United States Environmental Protection Agency shall be submitted to the legislative committee having jurisdiction over energy and natural resources for review. Any rules adopted by the board under this section shall be submitted to the legislative committee having jurisdiction over energy and natural resources for review pursuant to Title 5, section 8053‑A . [PL 1987, c. 517, §11 (AMD).]

11. Imported waste report. [PL 1993, c. 355, §48 (RP).]

12. Compliance orders. The commissioner may issue compliance orders subject to the provisions of this subsection. A. Whenever, after investigation, the commissioner determines that there is or has been an unauthorized discharge of hazardous waste, constituents of hazardous waste or waste oil into the environment where there is a reasonable basis to believe that the discharge is endangering or causing damage to public health or the environment or that any person has violated or is in violation of any requirement of this subchapter, including rules adopted thereunder, relating to hazardous waste or waste oil activities, the commissioner may issue an order requiring compliance immediately or within a specified time period or requiring corrective action or other response measures as necessary to protect the public health and safety or the environment. The commissioner may require assurance of financial ability for completing corrective action and may require, where necessary, that corrective action be taken beyond a facility or site to remove the danger to the public health or the environment unless the person to whom the order is directed demonstrates to the commissioner that, despite that person's best efforts, that person was unable to obtain the necessary permission to undertake such actions. [RR 2021, c. 2, Pt. B, §283 (COR).] B. Any order issued under this subsection may be directed to any person who causes or caused or contributes or contributed to the discharge or violation. Such order shall contain findings of fact describing, insofar as possible, and with reasonable specificity, the nature of the discharge or violation, the wastes involved, the nature of the cause or contribution of the person with respect to the discharge or violation, the site of the activity, the required action, the time period for compliance and the danger to public health or safety of the environment. [PL 1985, c. 746, §29 (NEW).] C. 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. [PL 2005, c. 330, §26 (AMD).] D. The person to whom the order is directed shall comply immediately or within a specified time period. That person may apply to the board within 10 working days after receipt of the order for a hearing on the order. Within 15 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 before the board 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 is directed. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2005, c. 330, §27 (AMD).] [RR 2021, c. 2, Pt. B, §283 (COR).]

13. Innovative disposal and utilization. Recognizing that environmentally suitable sites for waste disposal are in limited supply and represent a critical natural resource, the commissioner may investigate and implement with the approval of the board innovative programs for managing, utilizing and disposing of solid waste. Innovative programs may include agricultural and forest land spreading of wood-derived ash, utilization of ash resulting from combustion of municipal solid waste, paper mill sludges, municipal waste water treatment plant sludges and the composting of yard wastes. The commissioner shall first determine that the proposed innovative disposal and waste management programs are consistent with the state plan. The commissioner shall review proposed innovative programs for each waste category and shall apply all controls necessary to ensure the protection of the environment and public health consistent with this chapter. The board may adopt application review procedures designed to review individual applications and their individual waste sources with prior approval of classes of disposal or utilization sites. The board shall adopt provisions for municipal notification prior to use of individual utilization sites. [PL 2011, c. 655, Pt. GG, §11 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

13-A. Pulp and paper mill sludge; land spreading. The provisions of this section apply only to land spreading and related storage of sludge generated at industrial facilities utilizing kraft wood pulping processes. A. Subject to Title 5, section 9051‑A , the board shall adopt provisions for public notification prior to use of individual utilization sites and storage sites. Notice to individuals shall be made by certified mail. [PL 1989, c. 299 (NEW).] B. The board shall establish, by rule, requirements for the siting, preparation of the site and operation of facilities, including stockpiles, used for the storage of sludge for a period of more than 30 days. The board shall incorporate the following provisions: (1) The maximum storage period at facilities without impervious liners and leachate collection and treatment is 6 months. The department may waive this requirement on a case-by-case basis for a maximum of 2 additional months when the applicant has demonstrated that the storage facility is inaccessible or that utilization of the stored material would be in violation of any prohibition of land spreading on frozen, snow-covered or saturated ground. (2) Sludge storage sites may not be located within 300 feet of a year-round river, stream, brook or pond nor within 75 feet of any intermittent stream or brook or any natural drainage way, including gullies, swales and ravines. (3) Storage facilities without impervious liners and leachate collection systems may be used only once in any 10-year period. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §230 (AMD).] [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §230 (AMD).]

13-B. Municipal solid waste incinerator ash; rulemaking. The board shall adopt rules establishing requirements for the use of municipal solid waste incinerator ash, referred to in this subsection as "ash." In developing these rules, the board shall consult with the Department of Transportation and the Maine Turnpike Authority on those issues relating to the use of ash in or on roads. In developing these rules, the board shall consider, but is not limited to considering, the following issues: A. The feasibility and comparative health risk of using bottom ash versus using combined bottom ash and fly ash; [PL 1997, c. 418, §1 (NEW).] B. The risk to human health and the environment from toxic constituents of ash, including dioxin and heavy metals; [PL 1997, c. 418, §1 (NEW).] C. Site-specific restrictions and prohibitions on the use of ash, particularly on uses that might expose sensitive populations or sensitive natural resources to health or environmental risks; [PL 1997, c. 418, §1 (NEW).] D. Methods of tracking the physical location of ash in all initial and subsequent uses, and whether uses should be restricted to those that can be tracked; [PL 1997, c. 418, §1 (NEW).] E. Methods of state and municipal notification of activities involving the use of ash, which may include individual notice or permits for specific projects as needed; and [PL 1997, c. 418, §1 (NEW).] F. State and municipal liability in the case of a release or threat of release of a hazardous substance, hazardous waste, hazardous matter, special waste or contaminant into the environment resulting from the use of ash. [PL 1997, c. 418, §1 (NEW).] Rules adopted pursuant to this subsection must require that any risk assessment performed as part of an application for a license to use ash use the most current available data and methods and be reviewed by the Department of Health and Human Services, Bureau of Health in consultation with the department. Except as specified in subsection 13‑C , a person may not use ash without a license from the department issued pursuant to this subsection. The department may not process or act upon an application for a license under this subsection until rules are finally adopted by the board pursuant to this subsection. For purposes of this subsection, the term "use" includes, but is not limited to, the following: use in a manufacturing process, use as aggregate for asphalt or concrete products, use in the construction industry, use as final landfill closure material and the use of a product manufactured from ash. The term "use" does not include transport, storage or disposal in a landfill licensed to accept ash. Rules adopted pursuant to this subsection are major substantive rules under Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 418, §1 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

13-C. Use of treated ash in secure landfills. Subject to the requirements of other applicable laws, a person may do the following without a license issued pursuant to subsection 13‑B : A. Process municipal solid waste incinerator ash to remove noncombusted materials, size the ash and reduce the solubility of metals contained within the ash; and [PL 1997, c. 418, §1 (NEW).] B. Use municipal solid waste incinerator ash processed in the manner specified in paragraph A as follows: (1) As landfill daily cover material in a secure landfill; (2) As construction material in a secure landfill; and (3) In pilot projects in a secure landfill. [PL 1997, c. 418, §1 (NEW).] The use of municipal solid waste incinerator ash pursuant to this subsection is limited to the lined areas within a secure landfill and each use must receive case-by-case approval from the department. Prior to approving the use of municipal solid waste incinerator ash in a secure landfill, the department shall ensure that the use provides adequate protection of human health and the environment. For purposes of this subsection, the term "secure landfill" means a landfill that utilizes a liner system, a leachate collection and treatment system and a final cover system to minimize discharges of waste or leachate and control the release of gas to the environment. [PL 1997, c. 418, §1 (NEW).]

13-D. Use of fish scales as crop nutrient supplements. A person may use fish scales as a crop nutrient supplement without a license issued pursuant to this chapter as long as: A. The department has reviewed the process by which the waste fish scales are generated and has approved the use of the scales as a soil amendment on crop farms; [PL 1999, c. 283, §1 (NEW).] B. The farm using fish scales as a supplement has developed and implemented a nutrient management plan in accordance with the provisions of Title 7, chapter 747 and in accordance with the Department of Agriculture, Conservation and Forestry's rules concerning nutrient management planning; and [PL 1999, c. 283, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).] C. The person supplying the fish scales provides the following information to the department within 7 days of shipping the fish scales with respect to each person receiving the scales: (1) The name of the person receiving the fish scales; (2) The location or locations where the fish scales will be used; and (3) The quantity of fish scales shipped. [PL 1999, c. 283, §1 (NEW).] [PL 1999, c. 283, §1 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]

14. Disposal fees. [PL 1989, c. 585, Pt. E, §11 (RP).]

15. Special services program. [PL 1989, c. 585, Pt. E, §11 (RP).]

16. Wood yard debris. The provisions of this chapter do not apply to soil containing incidental bark or woody material generated during the transport, handling or storage of logs prior to processing. For the purposes of this section, "processing" is defined to include the debarking, chipping and sawing of wood. [PL 1991, c. 643, §1 (NEW).]

17. Sludge and septage guidance. The commissioner shall develop guidance to municipalities regarding the regulation of septage and sludge land application by municipalities. The guidance must include information regarding site location restrictions, testing and enforcement actions that may be undertaken by a municipality and municipal roles and responsibilities under section 1310‑U . [PL 2001, c. 247, §2 (NEW).]

18. Use of residuals containing human pathogens. The department may not license the utilization and distribution of residuals containing human pathogens, such as municipal treatment plant sludge, under permit-by-rule provisions established by the department pursuant to the provisions of section 344, subsection 7 . [PL 2003, c. 231, §1 (NEW).]

19. Interested parties notice for distribution of composted sludge. The department shall establish and maintain a list of interested parties, including a statewide organization that represents municipalities in this State, to whom notice of license applications and applications to modify existing licenses for the distribution in this State of composted sludge must be provided. In addition, the department shall electronically mail the notice to each municipality in the State that is equipped to receive electronic mail. Notice must be provided upon the department's finding that the application is complete for processing. [PL 2003, c. 231, §1 (NEW).]

20. Land application of septage; prohibitions. Notwithstanding any provision of law to the contrary: A. The department may not issue a new license or permit authorizing a person to apply or spread septage at any location in the State; and [PL 2021, c. 641, §2 (NEW).] B. A person licensed or permitted by the department to apply or spread septage at one or more locations in the State may not apply septage at a location authorized under that license or permit if the department provides to the person a written determination that, based on testing conducted at or in close proximity to the location, the department has determined that the concentration of perfluoroalkyl and polyfluoroalkyl substances in groundwater at that location or in drinking water sources in close proximity to that location exceeds the applicable drinking water standard for perfluoroalkyl and polyfluoroalkyl substances. [PL 2021, c. 641, §2 (NEW).] As used in this subsection, "perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as in Title 32, section 1732, subsection 5‑A . [PL 2021, c. 641, §2 (NEW).]
38 M.R.S. § 932 — ME Code / Title 38 / Chapter 5 / Section 932
38 §932. Eminent domain; assessment of damages
Status: in_force

Any person, firm or corporation authorized and empowered to build, maintain and operate pipes, conduits, penstocks, tunnels and canals under section 931 is further authorized and empowered to exercise the right of eminent domain by taking and holding as for public uses in the manner and subject to the limitations prescribed in Title 35‑A, section 6502 , such lands and rights-of-way as such person, firm or corporation may require for such purposes when the water which will be stored, retained and discharged through the use of such pipes, conduits, penstocks, tunnels and canals will be devoted to public uses. All proceedings relating to damages caused by the building, maintaining and operating of said pipes, conduits, penstocks, tunnels and canals shall be ascertained and determined in the same manner as prescribed in Title 35‑A, sections 6503 to 6512 . [PL 1987, c. 141, Pt. B, §37 (AMD).]
38 M.R.S. § 496-B — ME Code / Title 38 / Chapter 3 / Section 496-B
38 §496-B. Water quality network -- Article VI-B
Status: in_force

The commission, in cooperation with this State and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a water quality sampling and testing network. The network shall, to the fullest extent practicable, rely upon the sampling and testing programs of this State, such other participating states, and upon information available from agencies of the Federal Government, and shall not duplicate any of their activities. However, if the sampling and testing programs of this State and other states, and the information available from agencies of the Federal Government are insufficient to provide the commission with records of water quality adequate for its needs, the commission may supplement the sampling and testing otherwise available to it. [PL 1969, c. 166, §4 (NEW).]

Sampling pursuant to this section shall be at points at or near the places where waters cross a boundary of this State, and the samples shall be tested in order to determine their quality. The sampling and testing provided for herein shall be scheduled by the commission or in accordance with its requests, and shall include such factors or elements as the commission shall request. Any sampling and testing done by the Commissioner of Environmental Protection of this State as part of the activities of the commission's network shall be reported fully and promptly by such agency to the commission, together with the results thereof. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §105 (AMD).]
38 M.R.S. § 1363 — ME Code / Title 38 / Chapter 13-B / Section 1363
38 §1363. Prohibited acts
Status: in_force

No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]
38 M.R.S. § 964 — ME Code / Title 38 / Chapter 6 / Section 964
38 §964. Certificate of compliance
Status: in_force

It shall be unlawful to use or occupy, or permit the use or occupancy of, any land, structure or part of any land or structure created, erected, changed, converted or wholly or partly altered or enlarged in its use or structural form, which use or structure requires a permit under this chapter unless the permit requirements and conditions of approval have been met. [PL 1985, c. 481, Pt. A, §96 (RPR).]

For the purposes of inspection and to assure compliance with this chapter and any 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 as necessary to verify compliance with any permits or variances issued by the commission. [PL 1985, c. 481, Pt. A, §96 (RPR).]
38 M.R.S. § 563 — ME Code / Title 38 / Chapter 3 / Section 563
38 §563. Registration and inspection of underground oil storage tanks and piping
Status: in_force

1. Prohibition on unregistered tanks. The following prohibition on unregistered tanks applies. A. A person may not install, or cause to be installed, a new or replacement underground oil storage facility unless the facility is registered in accordance with subsection 2 at least 10 business days but no more than 2 years prior to installation and the registration fee is paid in accordance with subsection 4 . If compliance with this time requirement is impossible due to an emergency situation, the owner or operator of the facility at which the new or replacement facility is to be installed shall inform the commissioner as soon as the emergency becomes known. The owner or operator shall make available a copy of the facility's registration at that facility for inspection by the commissioner and authorized municipal officials. [PL 2011, c. 206, §14 (AMD).] B. No person may operate, maintain or store oil in an underground oil storage facility after May 1, 1986, unless each underground oil storage tank at that facility is registered with the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §132 (AMD).] [PL 2011, c. 206, §14 (AMD).]

2. Information required for registration. The owner or operator of an underground oil storage facility shall provide the commissioner with the following information on a form in triplicate to be developed and provided by the commissioner; one copy to be submitted to the commissioner, one copy to be promptly submitted upon completion to the municipality and one copy to be retained by the owner or operator: A. The name, address and telephone number of the owner of the underground oil storage tank to be registered; [PL 1991, c. 66, Pt. A, §22 (RPR).] B. The name, address and telephone number of the person having responsibility for the operation of the tank to be registered; [PL 1991, c. 66, Pt. A, §22 (RPR).] C. The location of the facility; [PL 2005, c. 491, §1 (AMD).] D. [PL 2001, c. 626, §13 (RP).] E. The size of the tank to be registered; [PL 1991, c. 66, Pt. A, §22 (RPR).] F. The type of tank or tanks and piping at the facility and the type of product stored or contained in the tank or tanks and piping; [PL 1991, c. 66, Pt. A, §22 (RPR).] G. For new, replacement or retrofitted facilities, the name of the installer, the expected date of installation or retrofit, the nature of any emergency pursuant to subsection 1, paragraph A , if applicable, and a description or plan showing the layout of the facility or tank, including the form of secondary containment, other forms of leak detection or equipment to be installed pursuant to section 564, subsection 1, paragraph A and, when applicable, the method of retrofitting leak detection pursuant to section 564, subsection 1 or 1‑A ; [PL 1991, c. 66, Pt. A, §22 (RPR).] H. For existing facilities and tanks, the best estimate of the age and type of tank or tanks and underground piping at the facility; and [PL 2005, c. 491, §1 (AMD).] I. For underground oil storage tanks, the expiration date of tank manufacturer's warranty. [PL 2005, c. 491, §1 (AMD).] [PL 2005, c. 491, §1 (AMD).]

3. Amended registration required. The owner or operator of an underground oil storage facility shall file an amended registration form with the commissioner immediately upon any change in the information required pursuant to subsection 2 , including any modifications to the facility or a change of ownership. The board may establish, by rule, a late registration period not to exceed 10 business days in duration. A fee may not be charged for filing an amended registration. [PL 1991, c. 66, Pt. A, §23 (RPR).]

4. Registration fees. The owner or operator of an underground oil storage facility shall pay a fee to the department of $100 for each tank registered under this section located at the facility, except that single family homeowners are not required to pay a fee for a tank at their personal residence. The fee must be paid at the time the tank is first registered and every 3 years thereafter upon receipt of a bill from the department. The department may prorate the fee as appropriate. [PL 2009, c. 121, §10 (AMD).]

5. Penalty for failure to submit amended registration. Any person who has not submitted an amended registration form in accordance with subsection 3 shall pay a late fee of $100. This does not preclude the commissioner from seeking civil penalties from any person who fails to register a facility or tank. [PL 1991, c. 66, Pt. A, §24 (RPR).]

6. Providing notice. Prior to the sale or transfer of any real estate where an underground oil storage facility is located, the owner of the real estate shall file a written notice with the purchaser or transferee. The notice must disclose the existence of the underground oil storage facility, its registration number or numbers, the real estate where the facility is located, whether or not the facility has been abandoned in place pursuant to section 566‑A and that the facility is subject to regulation, including registration requirements, by the department under this subchapter. [PL 2005, c. 491, §1 (AMD).]

7. Supplier notification requirement. Any person who sells a tank intended to be used as an underground oil storage tank shall notify the purchaser in writing of the purchaser's obligations under this section. [PL 1989, c. 865, §7 (NEW).]

8. Certification of proper installation. Owners of new and replacement facilities shall ensure that the installer provides certification to the commissioner, within 30 days of completion of installation, that the materials and methods used comply with the applicable installation standards of this subchapter. [PL 1989, c. 865, §7 (NEW).]

9. Annual compliance inspection. The owner of an underground oil storage facility is responsible for ensuring that each underground oil storage tank and associated piping at the facility are inspected annually for compliance with the requirements of this subchapter and any rules adopted under this subchapter and the requirements for gasoline vapor control in rules adopted under section 585‑A . The owner shall correct or arrange for correction of any deficiencies detected during the inspection as necessary to bring the facility into compliance with these requirements. A. The owner of an underground oil storage facility shall submit annual inspection results to the department on or before July 1, 2003 and on or before July 1st annually thereafter. The results must be recorded on a form provided by the department and must include a certification statement, signed by an underground oil storage tank inspector or underground oil storage tank installer certified by the Board of Underground Oil Tank Installers under Title 32, chapter 104‑A , that each tank and associated piping have been inspected and any deficiencies discovered during the inspection have been corrected. The owner shall submit the completed form to the department no more than 30 days after the date on which the inspection was completed. [PL 2007, c. 534, §1 (AMD).] B. [PL 2007, c. 534, §1 (RP).] C. [PL 2007, c. 534, §1 (RP).] D. [PL 2007, c. 534, §1 (RP).] E. Beginning July 1, 2010 and at least once every 3 years thereafter, the annual inspection of each tank must be performed by a certified underground oil storage tank inspector or underground oil storage tank installer who is not the tank owner or operator, an employee of the tank owner or operator or a person having daily on-site responsibility for the operation and maintenance of the tank. [PL 2007, c. 534, §1 (NEW).] [PL 2007, c. 534, §1 (AMD).]

10. Aboveground oil storage tanks with underground piping. An owner of an aboveground oil storage tank with underground piping is subject to the requirements of this subsection. A. Effective January 1, 2007, a person may not store motor fuel in an aboveground oil storage facility that has underground piping without first having registered the facility with the commissioner in the same manner as is required of underground oil storage facilities under subsections 2 to 5 . [PL 2005, c. 491, §1 (NEW).] B. Prior to the sale or transfer of an aboveground oil storage tank that has underground piping, the owner shall notify the purchaser or transferee in writing of the existence of the underground piping and the requirement that the tank be registered with the commissioner if the tank will be used to store motor fuel. [PL 2005, c. 491, §1 (NEW).] C. The owner of an aboveground oil storage tank used to store motor fuel shall ensure that, within 30 days after completion of installation of underground piping associated with the tank, the installer certifies in writing to the commissioner that the materials and methods used comply with the applicable installation standards of this subchapter. [PL 2005, c. 491, §1 (NEW).] D. The owner of an aboveground oil storage tank used to store motor fuel shall ensure that underground piping associated with the tank is inspected annually for compliance with the requirements of this subchapter and the requirements for gasoline vapor control in rules adopted under section 585‑A . The owner shall submit annual inspection results to the department on or before July 1, 2007 and on or before July 1st annually thereafter. The results must be recorded on a form provided by the department and must include a certification statement, signed by an underground oil storage tank inspector or an underground oil storage tank installer certified by the Board of Underground Oil Tank Installers under Title 32, chapter 104‑A that the piping has been inspected and any deficiencies discovered during the inspection have been corrected. The owner shall submit the completed form to the department no more than 30 days after the date on which the inspection was completed. The requirements of this paragraph may be enforced in the same manner as is provided for underground oil storage facilities under subsection 9 . [PL 2007, c. 534, §2 (AMD).] This subsection does not apply to tanks or piping at an oil terminal facility as defined in section 542, subsection 7 . Until July 1, 2009, this subsection does not apply to tanks or piping at a facility used to store diesel fuel. [PL 2007, c. 534, §2 (AMD).]
38 M.R.S. § 349-O — ME Code / Title 38 / Chapter 2 / Section 349-O
38 §349-O. Conditions of discovery
Status: in_force

The incentives established in section 349‑N apply to a violation of an environmental requirement only if: [PL 2011, c. 304, Pt. A, §1 (NEW).]

1. Systematic discovery. The violation was discovered through: A. An environmental audit program; or [PL 2011, c. 304, Pt. A, §1 (NEW).] B. A compliance management system that demonstrates the regulated entity's due diligence in preventing, detecting and correcting violations. The regulated entity shall notify the department when it has a compliance management system in place and shall make available to the department upon request a copy of the system components. The regulated entity shall provide accurate and complete documentation to the department describing how its compliance management system meets the criteria specified in section 349‑M, subsection 1 and how the regulated entity discovered the violation through its compliance management system. The department may require the regulated entity to make publicly available a description of its compliance management system; [PL 2011, c. 304, Pt. A, §1 (NEW).] [PL 2011, c. 304, Pt. A, §1 (NEW).]

2. Voluntary discovery. The violation was discovered by the regulated entity. Incentives under section 349‑N do not apply to violations discovered through a legally mandated monitoring or sampling requirement prescribed by statute, regulation, permit, judicial or administrative order or consent agreement, including: A. Emissions violations detected through a continuous emissions monitor or an alternative monitor established in a permit where any such monitoring is required; [PL 2011, c. 304, Pt. A, §1 (NEW).] B. Violations of National Pollutant Discharge Elimination System discharge limits established under the federal Clean Water Act, 33 United States Code, Section 1342 (2010) detected through required sampling or monitoring; [PL 2011, c. 304, Pt. A, §1 (NEW).] C. Violations discovered through a compliance audit required to be performed by the terms of a consent order or settlement agreement, unless the audit is a component of agreement terms to implement a comprehensive environmental management system; and [PL 2011, c. 304, Pt. A, §1 (NEW).] D. Violations discovered by a department inspection; [PL 2011, c. 304, Pt. A, §1 (NEW).] [PL 2011, c. 304, Pt. A, §1 (NEW).]

3. Prompt disclosure. The regulated entity fully discloses the specific violation in writing to the department within 21 days after the entity discovered that the violation has, or may have, occurred, unless the amount of time to report the violation is otherwise prescribed in statute, rule or order. The time at which the regulated entity discovers that a violation has, or may have, occurred begins when a person authorized to speak on behalf of the regulated entity has an objectively reasonable basis for believing that a violation has, or may have, occurred. Persons authorized to speak on behalf of the regulated entity must be listed in the management audit by position title. The department's response to a violation disclosed by a regulated entity under this subsection must be made in writing to the regulated entity within 3 months of the disclosure of the violation by the entity; [PL 2011, c. 304, Pt. A, §1 (NEW).]

4. Discovery and disclosure independent of government or 3rd-party plaintiff. The regulated entity discovers and discloses to the department the potential violation prior to: A. The commencement of an inspection or investigation related to the violation. If the department determines that the regulated entity did not know that it was under investigation and the department determines that the entity is otherwise acting in good faith, the department may determine that the requirements of this paragraph are met; [PL 2011, c. 304, Pt. A, §1 (NEW).] B. The regulated entity's receipt of notice that it is the subject of a lawsuit; [PL 2011, c. 304, Pt. A, §1 (NEW).] C. The filing of a complaint by a 3rd party; [PL 2011, c. 304, Pt. A, §1 (NEW).] D. The reporting of the violation to the department or other state agency by an employee other than the person authorized to speak on behalf of the regulated entity under subsection 3 ; or [PL 2011, c. 304, Pt. A, §1 (NEW).] E. The imminent disclosure of the violation by a regulatory agency. [PL 2011, c. 304, Pt. A, §1 (NEW).] For regulated entities that own or operate multiple facilities, the fact that one facility is the subject of an investigation, inspection, information request or 3rd-party complaint does not preclude the department from exercising its discretion to apply the regulated entity's compliance management system to other facilities owned or operated by that regulated entity; [PL 2011, c. 304, Pt. A, §1 (NEW).]

5. Correction and remediation. The regulated entity corrects the violation within 60 days from the date of discovery, unless the amount of time to correct is otherwise prescribed in statute, rule or order, certifies in writing to the department that the violation has been corrected and takes appropriate measures as determined by the department to remedy any environmental or human harm due to the violation. The department retains the authority to order an entity to correct a violation within a specific time period shorter than 60 days whenever correction in a shorter period of time is feasible and necessary to protect public health and the environment adequately. If more than 60 days will be needed to correct the violation, the regulated entity shall so notify the department in writing before the 60-day period has passed. To satisfy conditions of this subsection and subsection 6 , the department may require a regulated entity to enter into a publicly available written agreement, administrative consent order or judicial consent decree as a condition of obtaining relief under this subchapter, particularly when compliance or remedial measures are complex or a lengthy schedule for attaining and maintaining compliance or remediating harm is required; [PL 2011, c. 304, Pt. A, §1 (NEW).]

6. Prevent recurrence. The regulated entity agrees in writing to take steps to prevent a recurrence of the violation, which may include improvements to its environmental audit program or compliance management system; [PL 2011, c. 304, Pt. A, §1 (NEW).]

7. No repeat violations. The specific violation, or a closely related violation, has not occurred within the past 3 years at the same facility and has not occurred within the past 5 years as part of a pattern at multiple facilities owned or operated by the same regulated entity. For the purposes of this subsection, a violation or closely related violation is any violation previously identified in a judicial or administrative order, a consent agreement or order, a complaint, letter of warning or notice of violation, a conviction or plea agreement or any act or omission for which the regulated entity has previously received penalty mitigation from the United States Environmental Protection Agency or the department; [PL 2011, c. 304, Pt. A, §1 (NEW).]

8. Other violations excluded. The violation did not result in serious actual harm, or present an imminent and substantial endangerment, to human health or the environment, did not violate the specific terms of any judicial or administrative order or consent agreement or was not a knowing, intentional or reckless violation; and [PL 2011, c. 304, Pt. A, §1 (NEW).]

9. Cooperation. The regulated entity cooperates as requested by the department and provides such information requested by the department to determine the applicability of this subchapter. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 654 — ME Code / Title 38 / Chapter 5 / Section 654
38 §654. --restrictions as to height and duration
Status: in_force

The height to which the water may be raised, and the length of time during which it may be kept up in each year, and the quantity of water that may be diverted by such canal, may be restricted and regulated by the verdict of a jury, or report of commissioners, as is provided.
38 M.R.S. § 562-A — ME Code / Title 38 / Chapter 3 / Section 562-A
38 §562-A. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 865, §2 (NEW).]

1. Ancillary equipment. "Ancillary equipment" means devices including, but not limited to, piping, fittings, flanges, valves and pumps used to distribute, meter or control the flow of oil to an underground storage tank. [PL 1989, c. 865, §2 (NEW).]

1-A. Aboveground oil storage facility. "Aboveground oil storage facility" means any aboveground oil storage tank or tanks, together with associated piping, transfer and dispensing facilities located over land or water of the State at a single location for more than 4 months per year and used or intended to be used for the storage or supply of oil. Oil terminal facilities, as defined in section 542, subsection 7 and propane facilities are not included in this definition and are not eligible for coverage by the fund. [PL 2009, c. 319, §1 (AMD).]

1-B. Aboveground oil storage tank. "Aboveground oil storage tank" also referred to as a "tank" means any aboveground container, less than 10% of the capacity of which is beneath the surface of the ground, that is used or intended to be used for the storage or supply of oil. Included in this definition are any tanks situated upon or above the surface of a floor and in such a manner that they may be readily inspected. Drums or other storage containers that have a capacity of 60 gallons or less and oil-containing electrical equipment are not included in this definition. [PL 2007, c. 569, §2 (AMD).]

2. Applicant. "Applicant" means the owner or operator of an underground oil storage facility or an aboveground oil storage facility that has suffered a discharge of oil and who is seeking coverage of eligible clean-up costs and 3rd-party damage claims from the fund. [PL 1995, c. 361, §1 (AMD).]

3. Barrel. "Barrel" means 42 United States gallons at 60° Fahrenheit. [PL 1989, c. 865, §2 (NEW).]

4. Cathodic protection tester. "Cathodic protection tester" means an underground storage tank installer certified by the Maine Board of Underground Storage Tank Installers or a person certified by the commissioner pursuant to section 567‑A . [PL 1989, c. 865, §2 (NEW).]

4-A. Clean-up and Response Fund Review Board. "Clean-up and Response Fund Review Board" or "review board" means the board created in section 568‑B . [PL 2015, c. 319, §18 (NEW).]

5. Corrosion expert. "Corrosion expert" means a person who is certified by the commissioner pursuant to section 567‑A , as qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. [PL 1989, c. 865, §2 (NEW).]

6. Discharge. "Discharge" means any spilling, leaking, pumping, pouring, emitting, escaping, emptying or dumping. [PL 1989, c. 865, §2 (NEW).]

7. Double-walled tank. "Double-walled tank" means an underground oil storage tank providing no less than 300` secondary containment, interstitial space monitoring and secondary containment for pressurized product delivery pipe connections. [PL 1989, c. 865, §2 (NEW).]

7-A. Eligible clean-up costs. "Eligible clean-up costs" means those direct expenses including expenses for site investigation that: A. Are necessary to clean up discharges of oil to the satisfaction of the commissioner; [PL 1995, c. 361, §2 (NEW).] B. Are cost-effective and technologically feasible and reliable; [PL 1995, c. 361, §2 (NEW).] C. Effectively mitigate or minimize damages; and [PL 1995, c. 361, §2 (NEW).] D. Provide adequate protection of the public health and welfare and the environment. [PL 1995, c. 361, §2 (NEW).] "Eligible clean-up costs" does not include expenses for legal advice or services. [PL 1995, c. 361, §2 (NEW).]

8. Existing underground oil storage facility or existing underground oil storage tank. "Existing underground oil storage facility" or "existing underground oil storage tank" means any facility or tank, as defined in subsections 21 and 22 , fully installed as of April 19, 1990, the location of which has not changed. [PL 1991, c. 494, §1 (AMD).]

9. Fund. "Fund" means the Maine Ground and Surface Waters Clean-up and Response Fund. [PL 2015, c. 319, §19 (AMD).]

9-A. Fund Insurance Review Board. [PL 2015, c. 319, §20 (RP).]

10. Gasoline. "Gasoline" means a volatile, highly flammable liquid with a flashpoint of less than 100° Fahrenheit obtained from the fractional distillation of petroleum. [PL 1989, c. 865, §2 (NEW).]

11. Heavy oil. "Heavy oil" means forms of oil that must be heated during storage, including, but not limited to, #5 and #6 oils. [PL 1989, c. 865, §2 (NEW).]

12. Leak. "Leak" means a loss or gain of 0.1 gallons or more per hour at a pressure of 4 pounds per square inch gauge, as determined by a precision test or other tank and piping tightness test of similar precision approved by the department. [PL 1989, c. 865, §2 (NEW).]

13. Motor fuel. "Motor fuel" means oil that is motor gasoline, aviation gasoline, #1 or #2 diesel fuel or any grade of gasohol typically used in the operation of a vehicle or motor engine. [PL 1989, c. 865, §2 (NEW).]

14. Occurrence. "Occurrence" means a contamination incident or prohibited discharge associated with one or more tanks or piping at an underground oil storage facility or an aboveground oil storage facility within one year. [PL 1993, c. 363, §5 (AMD); PL 1993, c. 363, §21 (AFF).]

15. Oil. "Oil" means oil, oil additives, petroleum products and their by-products of any kind and in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other nonhazardous waste, crude oils and all other liquid hydrocarbons regardless of specific gravity. "Oil" does not include liquid natural gas. [PL 2011, c. 206, §13 (AMD).]

15-A. Oil storage facility or facility. "Oil storage facility" or "facility" means an aboveground oil storage facility or an underground oil storage facility. [PL 2009, c. 319, §2 (NEW).]

15-B. Operator. "Operator" means a person in control of, or having responsibility for, the daily operation of an oil storage facility. [PL 2009, c. 319, §3 (NEW).]

16. Person. "Person" means any natural person, firm, association, partnership, corporation, trust, the State and any agency of the State, governmental entity, quasi-governmental entity, the United States and any agency of the United States and any other legal entity. [PL 1989, c. 865, §2 (NEW).]

16-A. Public drinking water supply. "Public drinking water supply" has the same meaning as "public water system" in Title 22, section 2601, subsection 8 . For purposes of defining a sensitive geologic area in this subchapter, an underground oil storage facility's water supply that meets the criteria of Title 22, section 2601, subsection 8 solely because beverages for public sale or consumption are made at that facility is not considered a public drinking water supply. [PL 1991, c. 763, §1 (NEW).]

16-B. Primary sand and gravel recharge area. "Primary sand and gravel recharge area" means the surface area directly overlying sand and gravel formations that provides direct replenishment of ground water in sand and gravel and fractured bedrock aquifers. The term does not include areas overlying formations that have been identified as unsaturated and are not contiguous with saturated formations. [PL 1993, c. 383, §30 (NEW).]

17. Responsible party. "Responsible party" means any one or more of the following persons: A. The owner or operator of the underground oil storage facility where a prohibited discharge has occurred; [PL 1989, c. 865, §2 (NEW).] B. The person to whom the underground oil storage facility is registered where a prohibited discharge has occurred; [PL 1989, c. 865, §2 (NEW).] C. Any person other than those identified in paragraph A or B who caused the prohibited discharge of oil or who had custody or control of the oil at the time of the prohibited discharge; [PL 1993, c. 363, §6 (AMD); PL 1993, c. 363, §21 (AFF).] D. Any person who owned or operated the underground oil storage facility from the time any oil arrived at that facility; or [PL 1993, c. 363, §6 (AMD); PL 1993, c. 363, §21 (AFF).] E. With regard to sections 551 , 568 , 568‑A and 570 , persons described in paragraphs A to D with regard to aboveground oil storage facilities. [PL 2015, c. 319, §21 (AMD).] [PL 2015, c. 319, §21 (AMD).]

18. Secondary containment. "Secondary containment" means a system installed so that any material that is discharged or has leaked from the primary containment is prevented from reaching the soil or ground water outside the system for the anticipated period of time necessary to detect and recover the discharged material. That system may include, but is not limited to, impervious liners compatible to the products stored, double-walled tanks or any other method approved by the department that is technically feasible and effective. [PL 1989, c. 865, §2 (NEW).]

19. Sensitive geologic areas. "Sensitive geologic areas" means significant ground water aquifers and primary sand and gravel recharge areas, as defined in this section, areas located within 1,000 feet of a public drinking water supply and areas located within 300 feet of a private drinking water supply. [PL 1993, c. 383, §31 (AMD).]

19-A. Significant ground water aquifer. "Significant ground water aquifer" means a porous formation of ice contact and glacial outwash sand and gravel or fractured bedrock that contains significant recoverable quantities of water likely to provide drinking water supplies. [PL 1993, c. 383, §32 (NEW).]

20. Underground gasoline storage tank. "Underground gasoline storage tank" means a single tank or container, 10% or more of which is underground, together with associated piping and dispensing facilities and that is used, or intended to be used, for the storage or supply of gasoline. The term does not include multiple tanks or containers that are situated on or above the surface of a floor and in such a manner that they may be readily inspected. An underground gasoline storage tank is a type of underground oil storage facility. [PL 1989, c. 865, §2 (NEW).]

21. Underground oil storage facility. "Underground oil storage facility" means any underground oil storage tank or tanks, as defined in subsection 22 , together with associated piping and dispensing facilities located under any land at a single location and used, or intended to be used, for the storage or supply of oil, as defined in this subchapter. Underground oil storage facility also includes piping located under any land at a single location associated with above ground storage tanks and containing 10% or more of the facility's overall volume capacity. [PL 2009, c. 319, §4 (AMD).]

22. Underground oil storage tank. "Underground oil storage tank," also referred to as "tank," means any container, 10% or more of which is beneath the surface of the ground and that is used, or intended to be used, for the storage, use, treatment, collection, capture or supply of oil as defined in this subchapter, but does not include any tanks situated in an underground area if these tanks or containers are situated on or above the surface of a floor and in such a manner that they may be readily inspected. [PL 1989, c. 865, §2 (NEW).]