38 M.R.S. § 1672 — ME Code / Title 38 / Chapter 16-B / Section 1672
38 §1672. Mercury-added lamps
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Manufacturer" means a person who manufactures a mercury-added lamp and has a presence in the United States or a person who imports a mercury-added lamp manufactured by a person who does not have a presence in the United States. [PL 2009, c. 272, §1 (NEW).] A-1. "Covered entity" means a person who at any one time presents for drop off at a collection location participating in a department‑approved program for the recycling of mercury‑added lamps under this subsection: (1) Any number of compact fluorescent mercury‑added lamps; or (2) Ten or fewer mercury‑added lamps that are not compact fluorescent mercury-added lamps. [PL 2019, c. 286, §1 (NEW).] A-2. "Compact fluorescent mercury-added lamp" means a compact, low-pressure, mercury-containing, electric-discharge light source, whether integrally ballasted or nonintegrally ballasted and regardless of the tube diameter or length and the shape or size of the lamp, in which a fluorescent coating transforms a portion of the ultraviolet energy generated by the mercury discharge into visible light and that: (1) Has a single base or end cap of any type, including, but not limited to, a screw base type, a bayonet base type or a 2-pin or 4-pin base type; and (2) Provides a light emission between a correlated color temperature of 1,700K and 24,000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS). [PL 2023, c. 384, §1 (NEW).] A-3. "Linear fluorescent mercury-added lamp" means a low-pressure, mercury-containing, electric-discharge light source, regardless of the tube diameter and the shape of the lamp, in which a fluorescent coating transforms a portion of the ultraviolet energy generated by the mercury discharge into visible light and that: (1) Has 2 bases or end caps of any type, including, but not limited to, a one-pin or 2-pin base type and a recessed double contact base type; (2) Provides a light emission between a correlated color temperature of 1,700K and 24,000K and a Duv of +0.024 and -0.024 in the International Commission on Illumination (CIE) Uniform Color Space (CAM02-UCS); and (3) Has a tube length of 0.5 feet to 8 feet. [PL 2023, c. 384, §2 (NEW).] B. "Mercury-added lamp" means an electric lamp to which mercury is intentionally added during the manufacturing process, including, but not limited to, a linear fluorescent mercury-added lamp, a compact fluorescent mercury-added lamp and a black light, high-intensity discharge, ultraviolet or neon mercury-added lamp. [PL 2023, c. 384, §3 (AMD).] C. "Municipal collection location" means a solid waste disposal facility, transfer station, storage facility or recycling facility at which mercury-added lamps from a covered entity are collected for recycling that is municipally owned or operated or operated by a regional association. [PL 2019, c. 286, §2 (AMD).] D. "Person" means any individual, corporation, partnership, cooperative, association, firm, sole proprietorship, government agency or other entity. [PL 2009, c. 272, §1 (NEW).] E. "Population center" means an urbanized area or urban cluster, as defined by the United States Department of Commerce, Bureau of the Census to identify areas of high population density and urban land use with a population of 2,500 or greater. [PL 2019, c. 286, §3 (NEW).] F. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and which is not otherwise publicly available. [PL 2019, c. 286, §3 (NEW).] [PL 2023, c. 384, §§1-3 (AMD).]

2. Mercury content standards. The following provisions govern mercury content standards. A. The department shall adopt rules establishing mercury content standards for lamps sold or manufactured in the State on or after January 1, 2012. The standards must be based on mercury content standards for lamps established in California. If one or more categories of lamps are not covered by the mercury content standards established in California, the department may adopt standards minimizing the mercury content of lamps within those categories, including adoption of a no-mercury standard if a nonmercury alternative is available at a cost comparable to a mercury alternative. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 272, §1 (NEW).] B. The rules adopted under paragraph A must provide that: (1) A manufacturer of mercury-added lamps sold or being offered for sale in the State shall prepare and, at the request of the department, submit within 28 days of the date of the request technical documentation or other information showing that the manufacturer's mercury-added lamps sold or offered for sale in the State comply with the rules. If the manufacturer of a mercury-added lamp being sold or offered for sale does not provide the documentation requested, that manufacturer may not be allowed to sell or offer for sale mercury-added lamps in the State; and (2) A manufacturer of mercury-added lamps sold or being offered for sale in the State shall provide upon request a certification to a person who sells or offers for sale a mercury-added lamp of that manufacturer. The certification must attest that the mercury-added lamp does not contain levels of mercury that would result in the prohibition of that lamp being sold or offered for sale in the State. If the manufacturer of a mercury-added lamp being sold or offered for sale does not provide the certification requested, that manufacturer may not be allowed to sell or offer mercury-added lamps for sale in the State. [PL 2009, c. 272, §1 (NEW).] [PL 2009, c. 272, §1 (NEW).]

3. Mercury-added lamp purchasing. When making purchasing decisions on mercury-added lamps and ballasts, the Department of Administrative and Financial Services, in consultation with the department and the Public Utilities Commission, shall request information on mercury content, energy use, lumen output and lamp life from potential suppliers and shall issue specifications and make purchasing decisions that favor models at comparable cost with high energy efficiency, lower mercury content and longer lamp life. Information obtained on mercury content, energy use and lamp life must be made available by the Department of Administrative and Financial Services to other purchasers who purchase a large number of mercury-added lamps. This information must also be posted on the State's publicly accessible website. [PL 2009, c. 272, §1 (NEW).]

4. Manufacturer recycling programs for mercury-added lamps. Each manufacturer of mercury-added lamps sold or distributed in the State for use by a covered entity on or after January 1, 2001 shall individually or collectively implement a department-approved program for the recycling of mercury-added lamps from a covered entity. A. The recycling program required under this subsection must include, but is not limited to: (1) Convenient collection locations adequate to serve the needs of covered entities in rural and urban areas throughout the State where a covered entity can drop off mercury‑added lamps without cost, including but not limited to municipal collection locations and participating retail establishments. The program must include a method of determining the adequate number and geographic distribution of collection locations based on geographic information system modeling. No later than January 1, 2020, the collection system implemented under the program must provide at least 90% of the residents of the State with a permanent collection location or a nonpermanent collection location available on a periodic basis within 15 miles of their residence unless the commissioner determines that this requirement is not practicable due to geographic constraints, in which case the commissioner may approve an alternative collection system that includes a geographic distribution of collection locations but that does not otherwise meet this requirement. Unless otherwise approved by the commissioner, the collection system implemented under the program: (a) Must provide at least 2 collection locations within a population center of at least 30,000 residents and an additional collection location for each additional 30,000 residents within the population center; and (b) Must ensure that the collection locations required under division (a) are located in a manner that provides residents of the population center with convenient and reasonably equitable access to the collection locations; (2) Handling and recycling equipment and practices in compliance with the universal waste rules adopted pursuant to section 1319‑O, subsection 1, paragraph F , with subsection 6 if a crushing device is used and with all other applicable requirements; (3) Provision of education and outreach efforts by a manufacturer to promote the program, which must include, but are not limited to, strategies for education of and outreach to covered entities in all areas of the State and ensuring understanding of collection options by covered entities. The education and outreach must, at a minimum, include posters, window clings and point-of-purchase signs that are made available to collection locations without cost, that can be prominently displayed and that will be easily visible to covered entities; and outreach to the general public, including annual Internet‑based media campaigns and print and radio media campaigns conducted in rural and urban areas in the State; (5) A goal of annually increasing the percentage of the residents of the State that are aware of the requirement to recycle mercury-added lamps and the availability of mercury-added lamp recycling at collection locations implemented under the program; (6) Provisions for routinely evaluating the effectiveness of the education and outreach under subparagraph (3); (7) Procedures for improving the education and outreach under subparagraph (3) if the goal under subparagraph (5) is not achieved; and (8) An annual report to the department, which must include, at a minimum: (a) The number of mercury‑added lamps recycled under the program; (b) The estimated percentage of mercury‑added lamps available for recycling that were recycled under the program and, if the percentage of lamps recycled in the prior calendar year did not represent an increase from the percentage of lamps recycled in the calendar year prior to the prior calendar year, recommendations for program modifications to increase the percentage of lamps recycled under the program; (c) The methodology for estimating the number of mercury-added lamps available for recycling, which must include an assumption of the average lifespan of a lamp by type of lamp and number of lamps sold by type in the years on which the percentage under division (b) is calculated. Proprietary information submitted to the department pursuant to this division that is identified by the manufacturer 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 ; (d) A description of the education and outreach under subparagraph (3) and an evaluation of the effectiveness of that education and outreach, including a description of the methods used to measure consumer awareness of the requirement to recycle mercury‑added lamps and, beginning with the annual report for 2020, the results of an assessment of consumer awareness of the program as completed by an independent 3rd‑party assessor; (e) The location of and contact information for each collection location established under the program and an assessment of the convenience of the collection system established under the program; (f) An accounting of the costs associated with implementing and administering the program; and (g) Any recommendations for changes to the program to improve the convenience of the collection system, consumer education or program evaluation. [PL 2019, c. 286, §4 (AMD).] B. A manufacturer required to implement a recycling program under this subsection shall submit its proposed recycling program for department review and approval. The department shall solicit public comment on the proposed program before approving or denying the program. [PL 2009, c. 272, §1 (NEW).] C. Beginning April 1, 2011, a manufacturer not in compliance with this section is prohibited from offering any mercury-added lamp for final sale in the State or distributing any mercury-added lamp in the State. A manufacturer not in compliance with this section shall provide support to retailers to ensure the manufacturer’s mercury-added lamps are not offered for sale, sold at final sale or distributed in the State. [PL 2009, c. 272, §1 (NEW).] D. Beginning April 1, 2011, a retailer may not offer for final sale a mercury-added lamp produced by a manufacturer not in compliance with this section. The department shall notify retailers of the manufacturers of mercury-added lamps not in compliance with this section. [PL 2009, c. 272, §1 (NEW).] E. Beginning in 2013, and biennially thereafter, the department shall calculate the percentage of mercury-added lamps recycled from covered entities and report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on any modifications to the manufacturer recycling programs it intends to make to improve mercury-added lamp recycling rates and any recommendations for statutory changes needed to facilitate mercury-added lamp collection and recycling. The report may be included in the report required pursuant to section 1772, subsection 1 . [PL 2019, c. 286, §4 (AMD).] F. [PL 2019, c. 286, §4 (RP).] G. A department-approved recycling program under this subsection that is collectively implemented by manufacturers of mercury‑added lamps must require the payment of a flat program participation fee, in lieu of payment of any other fees or costs associated with the program's operation, by a manufacturer participating in the program that previously offered for sale or distributed in the State any type of mercury‑added lamps but that no longer offers for final sale or distributes in the State any type of mercury‑added lamps; except that a manufacturer that previously offered for sale or distributed in the State only compact fluorescent mercury‑added lamps but that no longer offers for final sale or distributes in the State compact fluorescent mercury‑added lamps may be required to pay the flat program participation fee only for a period beginning on the date the manufacturer stops offering for final sale or distributing in the State compact fluorescent mercury‑added lamps and ending 5 years after that date, after which time the manufacturer must be allowed to continue to participate in the program without being required to pay any fees or other costs associated with the program's operation. [PL 2019, c. 286, §4 (NEW).] H. If, based on the information annually reported to the department under paragraph A , subparagraph (8), the department determines that fewer than 25,000 total mercury‑added lamps were collected in the prior calendar year in the State under all recycling programs implemented under this subsection and that the combined mercury‑added lamp recycling rate in the prior calendar year under all recycling programs implemented under this subsection was 10% or greater, the department shall develop a process for reducing the scope of the manufacturer recycling program required under this subsection and for terminating all program requirements within the 3‑year period subsequent to that determination. (1) In developing the program reduction and termination process under this paragraph, the department shall invite the participation of manufacturers that have implemented a recycling program under this section. (2) The program reduction and termination process developed under this paragraph must be based on the best available data regarding the collection of mercury-added lamps in the State, including, but not limited to: (a) The collection activity at each collection location; (b) The estimated number of mercury‑added lamps in the State still available for collection; and (c) The total number of mercury‑added lamps collected in the prior program years. (3) Following completion of the development of the program reduction and termination process under this paragraph, the department shall submit a report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters regarding its findings and recommendations for implementing that process, including any proposed legislation. The report under this subparagraph may be included in the report required under section 1772, subsection 1 . After reviewing the report the committee may report out a bill to implement the recommendations contained in the report or to otherwise facilitate a reduction and termination of the manufacturer recycling program required under this subsection. [PL 2019, c. 286, §4 (NEW).] [PL 2019, c. 286, §4 (AMD).]

4-A. Sales prohibition and exceptions. Beginning January 1, 2026, a person may not offer for sale, sell or distribute as a new manufactured product a compact fluorescent mercury-added lamp or a linear fluorescent mercury-added lamp. The prohibition in this subsection does not apply to the following: A. A mercury-added lamp that is designed and marketed exclusively for image capture and projection, including: (1) Photocopying; (2) Printing, directly or in preprocessing; (3) Lithography; (4) Film or video projection; or (5) Holography; [PL 2023, c. 384, §4 (NEW).] B. A mercury-added lamp that has a high proportion of ultraviolet light emission and that: (1) Has ultraviolet power greater than 2 milliwatts per kilolumen; (2) Is designed for germicidal use, including the destruction of deoxyribonucleic acid, or DNA, that emits a peak radiation of approximately 253.7 nanometers; (3) Is designed and marketed exclusively for disinfection or fly trapping and from which: (a) The radiation power emitted between 250 and 315 nanometers represents at least 5% of the total radiation power emitted between 250 and 800 nanometers; or (b) The radiation power emitted between 315 and 400 nanometers represents at least 20% of the total radiation power emitted between 250 and 800 nanometers; (4) Is designed and marketed exclusively for the generation of ozone and that has the primary purpose of emitting radiation at approximately 185.1 nanometers; (5) Is designed and marketed exclusively for coral zooxanthellae symbiosis and from which the radiation power emitted between 400 and 480 nanometers represents at least 40% of the total radiation power emitted between 250 and 800 nanometers; or (6) Is designed and marketed exclusively for use in a sunlamp product, as defined in 21 Code of Federal Regulations, Section 1040.20(b)(9) as in effect on January 1, 2024; [PL 2023, c. 384, §4 (NEW).] C. A mercury-added lamp designed and marketed exclusively for use in medical or veterinary diagnosis or treatment or in a medical device; [PL 2023, c. 384, §4 (NEW).] D. A mercury-added lamp designed and marketed exclusively for use in the manufacturing or quality control of pharmaceutical products; [PL 2023, c. 384, §4 (NEW).] E. A mercury-added lamp designed and marketed exclusively for spectroscopy and photometric applications, including, but not limited to, ultraviolet-visible spectroscopy, molecular spectroscopy, atomic absorption spectroscopy, nondispersive infrared spectroscopy, Fourier transform infrared spectroscopy, medical analysis, ellipsometry, layer thickness measurement, process monitoring or environmental monitoring; [PL 2023, c. 384, §4 (NEW).] F. A mercury-added lamp designed and marketed exclusively for use by academic and research institutions for conducting research projects and experiments; or [PL 2023, c. 384, §4 (NEW).] G. A compact fluorescent mercury-added lamp that is used to replace a lamp in a motor vehicle that was manufactured on or before January 1, 2020. [PL 2023, c. 384, §4 (NEW).] The department may investigate complaints received regarding potential violations of this subsection and, as a result of those investigations, may enforce this subsection in accordance with sections 347‑A and 349 , but the department is not required to conduct compliance inspections of locations where mercury-added lamps or other light sources are sold or distributed, conduct outreach or education activities related to the prohibition in this subsection or engage in any other regulatory or enforcement activities related to the prohibition in this subsection. [PL 2023, c. 384, §4 (NEW).]

5. Applicability. The requirements of this section do not apply to motor vehicles as defined in Title 29‑A, section 101, subsection 42 or watercraft as defined in Title 12, section 13001, subsection 28 or their component parts. [PL 2009, c. 272, §1 (NEW).]

6. Lamp crushing. A recycling program required under subsection 4 may include the use of crushing devices in accordance with the provisions of this subsection. A. The owner of the crushing device shall: (1) Register the device with the department. The registration must include: (a) The owner's name and contact information; (b) The brand of device used; (c) Anticipated usage of the device; and (d) A statement that the operating manual required pursuant to subparagraph (2) is in place; (2) Develop an operating manual specifying how to safely crush mercury-added lamps. The operating manual must be available to all operators of the device and must include: (a) Procedures for operation and maintenance of the device in accordance with written procedures developed by the manufacturer of the device; (b) Testing and monitoring procedures; (c) Information concerning mercury hazards, crushing procedures, waste handling and emergency procedures; (d) An assessment of whether surrounding areas will be negatively affected, either by physical proximity or air exchange with a heating, ventilation and air conditioning system; (e) Proper waste management practices; (f) Procedures for operator training to ensure operators have been trained in the operation and maintenance of equipment, including, but not limited to, engineering controls to mitigate mercury releases and personal protective equipment use; and (g) Procedures to address emergency situations, including, but not limited to, procedures to address mercury hazards, waste handling and equipment failure; (3) Document maintenance activities, retain maintenance logs, test data from the manufacturer and any additional test data acquired and make available a copy of these records to the department at its request; (4) Meet all federal Occupational Safety and Health Administration requirements; (5) Dispose of all material crushed in the device; (6) Maintain on file an annual report for review by the department, at the discretion of the department, indicating the: (a) Total volume of mercury-added lamps crushed; (b) Volume and disposition of any carbon or other filter from the device; and (c) Names of the destination facilities to which all crushed material was shipped; and (7) Maintain testing and monitoring data. [PL 2011, c. 275, §2 (NEW).] B. The crushing device may be operated only in a closed system and in such a manner that any emission of mercury from the crushing device does not exceed 0.3 micrograms per cubic meter when measured on the basis of a time-weighted average over an 8-hour period. [PL 2011, c. 275, §2 (NEW).] C. The crushing device may be operated only in a secure, ventilated area and may not be operated in an area accessible to the general public. [PL 2011, c. 275, §2 (NEW).] [PL 2011, c. 275, §2 (NEW).]
38 M.R.S. § 410-H — ME Code / Title 38 / Chapter 3 / Section 410-H
38 §410-H. Definitions
Status: in_force

As used in this article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 345 (NEW).]

1. Best management practice guidelines. "Best management practice guidelines" means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410‑J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. [PL 1991, c. 345 (NEW).]

2. Nonpoint source. "Nonpoint source" means any source, excluding any source defined as a direct discharge in section 466 , that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. [PL 1991, c. 345 (NEW).]
38 M.R.S. § 2213 — ME Code / Title 38 / Chapter 24 / Section 2213
38 §2213. Issuance of revenue obligation securities
Status: in_force

1. Notice of intent to issue bonds; actions to contest validity. The agency may provide, at one time or from time to time, for the issuance of revenue obligation securities of the agency for the purposes authorized in this chapter. No revenue obligation securities of the agency may be issued until: A. The project has been determined to be consistent with the state plan pursuant to section 1310‑AA , if applicable, and the necessary permits have been obtained from the department; [PL 1995, c. 465, Pt. A, §78 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] B. A notice of the intent of the agency to issue the securities is published at least once in a newspaper of general circulation in the region in which the project is to be located: (1) No later than 14 days after the date on which the agency decides to issue revenue obligation securities under this subchapter; (2) Describing the general purpose or purposes for which the securities are to be issued; (3) Stating the maximum principal amount of the proposed securities; and (4) Including a statement as to the time within which any petition to contest the issuance of the securities must be commenced. [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 869, Pt. A, §16 (AMD).] Any action or proceeding in any court to contest the issuance of the securities must be started within 30 days after the date of the publication required by paragraph B and otherwise shall be governed by Title 5, chapter 375, subchapter VII . For the purposes of this subchapter and the Maine Administrative Procedure Act, Title 5, chapter 375 , the later date of newspaper publication required by paragraph B shall constitute the final agency action with respect to the issuance of the securities. After the expiration of the 30-day period of limitation, no right of action or defense founded upon the invalidity of the issuance of the securities may be opened to question in any court upon any grounds. [PL 1995, c. 465, Pt. A, §78 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]

2. Treasurer of State as agent. The Treasurer of State shall, at the direction of the agency, act as the agency's agent for the sale and delivery of revenue obligation securities and anticipatory notes. The Treasurer of State shall assist the agency in the preparation, issuance, negotiation and sale of the securities and notes and provide reasonable advice and management assistance. The agency may employ further counsel or assistants or act in its own behalf, provided that the sale and delivery of revenue obligation securities and anticipatory notes shall be carried out at the agency's direction with and through the Treasurer of State. [PL 1989, c. 585, Pt. A, §7 (NEW).]

3. Conclusive authorization. All revenue obligation securities of the agency shall be conclusively presumed to be fully authorized and issued under the laws of the State, and any person or governmental unit shall be estopped from questioning their authorization, sale, issuance, execution or delivery by the agency. [PL 1989, c. 585, Pt. A, §7 (NEW).]

4. Maturity; interest. The securities of each issue of revenue obligation securities shall be dated, mature at a time or times not exceeding 20 years from the date of the securities and bear interest at a rate or rates determined by the agency. At the option of the agency, the securities may be made redeemable before maturity at a price or prices and under terms and conditions fixed prior to issuance. [PL 1989, c. 585, Pt. A, §7 (NEW).]

5. Form. The agency shall determine the form of the securities, including any attached interest coupons, the manner of execution of the securities, the denomination or denominations of the securities and the place or places for payment of principal and interest, which may be at any financial institution within or without the State. Revenue obligation securities shall be executed in the name of the agency by the manual or facsimile signature of the authorized official or officials. Any attached coupons shall be executed with the manual or facsimile signature of the authorized official or officials. Signatures and facsimiles of signatures on securities and coupons are valid for all purposes even if the authorized official ceases to hold office before delivery of the securities. The securities may be issued in coupon or registered form or both as the agency may determine. Provision may be made for the registration of any coupon securities to principal alone and to both principal and interest, and for the reconversion into coupon securities of any securities registered to both principal and interest. In addition to this subsection, the agency may provide for transfer of registration of the agency's registered revenue obligation securities by book entry on the records of the entity designated for that purpose and may enter into such contractual arrangements as may be necessary to accomplish these purposes. In the event a book entry method of transfer is used, principal of and interest on those registered securities shall be payable to the registered owner shown in the book entry, the owner's legal representatives, successors or transferees. [PL 1989, c. 585, Pt. A, §7 (NEW).]

6. Sale. The agency may sell the securities at a public or private sale, in a manner and at a price the agency determines to be in the best interest of the agency. The agency shall not sell the securities to any firm, partnership, corporation or association, including an affiliate or subsidiary, which is a party to any contract pertaining to the financed project or which is to rent, purchase, lease or otherwise occupy premises constituting part of the project. The agency may sell the securities to a seller of the project if the project is to be used and operated by a 3rd party. [PL 1989, c. 585, Pt. A, §7 (NEW).]

7. Proceeds. The proceeds of each issue shall be used solely for the authorized purposes and shall be disbursed as provided in the securing trust agreement or other document. Administration costs incurred by the agency under this program may be drawn from those proceeds. If the proceeds are less than the cost of the project, by error in the estimate or otherwise, additional securities may be issued in a like manner to provide the amount of the deficit and, unless otherwise provided in the securing trust agreement or other document, the additional securities are deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the securities first issued for the same purpose. The agency may place limits or restrictions on the issuance of additional revenue obligation securities through the securing trust agreement or other document. The agency may provide for the replacement of mutilated, destroyed or lost securities. Revenue obligation securities may be issued under this subchapter without obtaining the consent of any department, division, commission, board, bureau or agency of the State and without any other proceedings or the occurrence of any conditions or things other than those proceedings, conditions or things which are specifically required by this subchapter. Notwithstanding any of the other provisions of this subchapter, or of any recitals in any securities issued under this subchapter, all such securities are deemed to be negotiable instruments issued under the laws of this State. [PL 1989, c. 585, Pt. A, §7 (NEW).]

8. Credit not pledged. Except as provided in this subsection, securities issued under this subchapter shall not constitute any debt or liability of the State or of any municipality in the State or any political subdivision of the State, or of the agency or a pledge of the faith and credit of the State or of any such municipality or political subdivision, but shall be payable solely from the revenues of the project or projects for which the securities are issued or from other eligible collateral or the revenues or proceeds of other eligible collateral pledged to the payment of the revenue obligation securities and all such securities shall contain on the securities' face a statement to that effect. The issuance of securities under this subchapter shall not directly or indirectly or contingently obligate the State or any municipality or political subdivision to levy or to pledge any form of taxation whatever or to make any appropriation for payment. [PL 1989, c. 585, Pt. A, §7 (NEW).]

9. Anticipatory borrowing. In anticipation of the sale of securities under this article, the agency may issue temporary notes and renewal notes, the total face amount of which does not exceed at any one time outstanding the authorized amount of the securities. The period of anticipatory borrowing shall not exceed 3 years and the time within which the securities are to become due shall not be extended by the anticipatory borrowing beyond the term permitted by law. [PL 1989, c. 585, Pt. A, §7 (NEW).]

10. Environmental protection. Revenue obligation securities of the agency may not be issued for a project until the commissioner certifies to the agency that all licenses required by the department with respect to the project are issued or that none are required. Any subsequent enlargement or addition to the project for which approval is sought from the agency requires certification by the commissioner. [PL 1989, c. 585, Pt. A, §7 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §295 (AMD).]
38 M.R.S. § 2002 — ME Code / Title 38 / Chapter 23 / Section 2002
38 §2002. Formation
Status: in_force

1. Initiation. The municipal officers of the municipality or municipalities, or portions of the municipality or municipalities, or the residents of unorganized territory who desire to form a watershed district shall file a statement of intent to organize on a form or forms to be prepared by the commissioner, setting forth the name or names of the municipality or municipalities, or portions of the municipality or municipalities or, in the case of residents of unorganized territory, the names of those residents that propose to be included in the district and they shall furnish such other data as the commissioner determines necessary and proper. The application must contain, but is not limited to, a description of the territory of the proposed district, the names of water districts that utilize water from surface or ground water supplies within the territory of the proposed district, the name proposed for the district, which must include the words "watershed district" or "management district." [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

2. Initiation by referendum. Residents of a municipality or municipalities, or portions thereof, that desire to form a watershed district may petition the municipal officers to file a statement of intent to form a watershed district with the commissioner. The petition must contain a description of the territory of the proposed district. Upon receipt of a written petition signed by at least 10% of the number of voters voting for the gubernatorial candidates at the last statewide election in that proposed district, the municipal officers shall submit the question to the voters of the proposed district at the next general, primary or special election within the proposed district. The referendum question must read as follows: "Shall the municipal officers representing the proposed watershed district, consisting of (describe the territory of the proposed district), initiate proceedings to form the proposed district?" If the referendum question is approved by a majority of the legal voters voting at the election, provided that the total number of votes cast for and against the referendum question equals or exceeds 20% of the total number of votes cast in the proposed district in the last gubernatorial election, the municipal officers representing the residents of the proposed watershed district shall file a statement of intent to form the proposed district in accordance with subsection 1 . [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

3. Public hearing. [PL 1993, c. 721, Pt. E, §3 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]

4. Commissioner convenes joint meeting. Upon receiving a complete statement of intent to form a watershed district, the commissioner shall give notice to participating water districts, the municipal officers within the municipality or municipalities involved and, when unorganized territory is involved, to the persons signing the application described in subsection 1 and the commissioners of the county in which the unorganized territory is located of a date, time and place of a meeting of the municipal officers of the municipality or municipalities involved and, when unorganized territory is involved, a joint meeting of all the persons signing the application described in subsection 1 and the commissioners of the county in which the unorganized territory is located. The notice must be in writing and sent by registered or certified mail, return receipt requested, to the addresses shown on the application described in subsection 1 and, in the case of county commissioners, to the addresses of those commissioners obtained from the county clerk. A return receipt properly endorsed is evidence of the receipt of notice. The notice must be mailed at least 10 days prior to the date set for the meeting. [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

5. Denial of application. [PL 1993, c. 721, Pt. E, §3 (RP); PL 1993, c. 721, Pt. H, §1 (AFF).]

6. Joint meeting. The persons to whom the notice described in subsection 4 is directed shall meet at the time and place appointed. When more than one municipality or unorganized territory is involved, the persons shall organize by electing a chair and a secretary. An action may not be taken at any such meeting unless, at the time the meeting is convened, there are present at least 1/2 of the total number of municipal officers eligible to attend and participate at the meeting and, when the proposed district includes or is composed solely of unorganized territory, at least 2/3 of the persons signing the application described in subsection 1 and at least 2 commissioners of the county in which the unorganized territory is located, other than to report to the commissioner that a quorum was not present and to request the commissioner to issue a new notice for another meeting. The purposes of the meeting are to develop a declaration of district responsibilities and to determine a fair and equitable number of trustees, subject to section 2004 , to be elected by and represent each participating municipality or, in the case of unorganized territory, the residents of that territory within the bounds of the proposed district. The declaration of district responsibilities must list the powers and duties of the proposed watershed district. These powers and duties are limited to those authorized under section 2007 . The declaration must also include a method of determining each municipality's proportional share, and where unorganized territory is involved, that unorganized territory's share, of the proposed district's annual budget. When a decision has been reached on a declaration of district responsibilities, the number of trustees and the number to represent each municipality or the residents of the unorganized territory within the bounds of the proposed district, subject to the limitations provided, this decision must be reduced to writing by the secretary and must be approved by a 2/3 vote of those present. When 2 or more municipalities are, or unorganized territory is, involved, the vote so reduced to writing and the record of the meeting must be signed by the chair and attested by the secretary and filed with the commissioner. When a single municipality is involved, a copy of the vote of the municipal officers duly attested by the clerk of the municipality must be filed with the commissioner. [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]

6-A. Water district representation. The trustees of each participating water district shall annually appoint one water district official or staff person to serve as a trustee of the watershed district for a one-year term. [PL 1989, c. 106, §3 (NEW).]

7. Submission. When the record of the municipality or the record of the joint meeting, when municipalities are, or unorganized territory is, involved, has been received by the commissioner and found by the commissioner to be in order, the commissioner shall order the question of the formation of the proposed watershed district and other related questions to be submitted to the legal voters residing within that portion of the municipality, municipalities or unorganized territory that falls within the proposed watershed district. The order must be directed to the municipal officers of the municipality or municipalities which propose to form the watershed district and, when the proposed watershed district includes or is composed solely of unorganized territory, to the commissioners of the county in which the unorganized territory is located, directing them to call town meetings, city elections or a meeting of the residents of the unorganized territory within the bounds of the proposed watershed district for the purpose of voting in favor of or in opposition to each of the following articles or questions, as they may apply, in substantially the following form: A. To see if the town (or city) of (name of town or city) will vote to incorporate as a watershed district to be called (name) Watershed District; [PL 1987, c. 711 (NEW).] B. To see if the residents of the following described section of the town (or city) of (name of town or city) will vote to incorporate as a watershed district to be called (name) Watershed District: (legal description of the bounds of section to be included); [PL 1987, c. 711 (NEW).] C. To see if the residents of the (following described section of) (name of town or city) (unorganized territory) will vote to join with the residents of the (following described section of) (name of town or city) (unorganized territory) to incorporate as a watershed district to be called (name) Watershed District: (legal description of the bounds of the proposed watershed district, except where the district is to be composed of entire municipalities); [PL 1987, c. 711 (NEW).] D. To see if the inhabitants of the following described section of that unorganized territory known as Township (number), Range (number) will vote to incorporate as a watershed district to be called (name) Watershed District: (legal description of the bounds of the proposed watershed district); [PL 1987, c. 711 (NEW).] E. To see if the residents of (the above described section of) (name of town or city) will vote to approve the total number of trustees and the allocation of representation among the municipalities (and included section of unorganized territory) on the board of trustees as determined by the municipal officers (and the persons representing the included area of unorganized territory) and listed as follows: Total number of trustees is ...... and the residents of (the above described section of) (town or city) are entitled to ...... trustees (and the residents of the above described section of unorganized territory are entitled to ...... trustees); [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] F. To choose (number) trustees to represent the residents of (the above described section) of (town or city) (unorganized territory) on the board of trustees of the (name) Watershed District; and [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).] G. To see if the residents of (the above described section of) (name of town or city or included section of unorganized territory) will vote to adopt a declaration of district responsibilities that describes and restricts the powers of the (name) Watershed District. [PL 1993, c. 721, Pt. E, §3 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).] [PL 1993, c. 721, Pt. E, §3 (NEW); PL 1993, c. 721, Pt. H, §1 (AFF).]

At any such town meeting, city election or election by the residents of the proposed watershed district, trustees must be chosen to represent the municipality or the unorganized territory within the proposed watershed district in the manner provided in section 2005 . [PL 1993, c. 721, Pt. E, §3 (AMD); PL 1993, c. 721, Pt. H, §1 (AFF).]
38 M.R.S. § 344 — ME Code / Title 38 / Chapter 2 / Section 344
38 §344. Processing of applications
Status: in_force

1. Acceptance and notification. The commissioner shall notify the applicant in writing of the official date on which the application was accepted as complete for processing or the reasons the application was not accepted. If a written notice of acceptance or nonacceptance is not mailed to the applicant within 15 working days of receipt of the application, the application is deemed to be accepted as complete for processing on the 15th working day after receipt by the department. If the application is not accepted, the commissioner shall return the application to the applicant with the reasons for nonacceptance specified in writing. A reason for nonacceptance of an application may include, but is not limited to, submission of the application after the activity requiring a permit or license pursuant to this Title has begun if the applicant knowingly violated a requirement to obtain the permit or license for the activity or the applicant, within the 5 years immediately preceding the submission of the application, violated a requirement to obtain a permit or license pursuant to this Title. Any applicant whose application has not been accepted by the commissioner shall attend a presubmission meeting with the department before resubmitting that application. The commissioner shall notify the board of all applications accepted as complete, except for permit by rule notifications, waste transporter applications and occupational licenses. An application is acceptable as complete for processing if the application is properly filled out and information is provided for each of the items included on the form. Acceptance of an application as complete for review does not constitute a determination by the department on the sufficiency of that information and does not preclude the department from requesting additional information during processing. The commissioner shall require the applicant to provide notice to the public for each application for a permit or license accepted, except for permit by rule notifications, waste transporter applications and occupational licenses. The commissioner shall solicit comments from the public for each application in a manner prescribed by the board in the rules. A. [PL 1989, c. 890, Pt. A, §20 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).] B. [PL 1989, c. 890, Pt. A, §20 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).] All correspondence notifying an applicant of denial of an application by the board or commissioner must be by certified mail, return receipt requested. [PL 2025, c. 52, §1 (AMD).]

1-A. Governing rules. An application for a permit, license or approval is processed under the substantive rules in effect on the date the application or request for approval is determined to be complete for processing. Notwithstanding Title 1, section 302 , after the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under Section 402 (c)(1) of the Federal Water Pollution Control Act, as amended, any waste discharge license issued or modified by the State pursuant to its authority to grant permits under the Federal Water Pollution Control Act must comply with State statutory or regulatory requirements that take effect prior to final issuance of that license. [PL 1997, c. 794, Pt. A, §4 (AMD).]

2. Delegation. [PL 1989, c. 890, Pt. A, §21 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

2-A. Processing time limits, decisions and appeals. After the commissioner accepts an application for processing, the commissioner may approve, approve with conditions, disapprove or refer the application as follows. A. Except as otherwise provided in this paragraph, the commissioner shall decide as expeditiously as possible if an application meets the requirements set forth in section 341‑D, subsection 2 for the assumption of jurisdiction by the board and notify the board if the application meets the requirements. If at any subsequent time during the review of an application the commissioner decides that the application meets the requirements set forth in section 341‑D, subsection 2 for the assumption of jurisdiction by the board, the commissioner shall notify the board that the application meets the requirements. (1) The commissioner may not request the board to assume jurisdiction of an application for any permit or other approval required for an expedited wind energy development, as defined in Title 35‑A, section 3451, subsection 4 , a certification pursuant to Title 35‑A, section 3456 or a general permit pursuant to section 480‑HH or section 636‑A . Except as provided in subparagraph (2), the commissioner shall issue a decision on an application for an expedited wind energy development, an offshore wind power project or a hydropower project, as defined in section 632, subsection 3 , that uses tidal action as a source of electrical or mechanical power within 185 days of the date on which the department accepts the application as complete pursuant to this section or within 270 days of the department's acceptance of the application if the commissioner holds a hearing on the application pursuant to section 345‑A, subsection 1‑A . (2) The expedited review periods of 185 days and 270 days specified in subparagraph (1) do not apply to the associated facilities, as defined in Title 35‑A, section 3451, subsection 1 , of the development if the commissioner determines that an expedited review time is unreasonable due to the size, location, potential impacts, multiple agency jurisdiction or complexity of that portion of the development. If an expedited review period does not apply, a review period specified pursuant to section 344‑B applies. The commissioner may stop the processing time with the consent of the applicant for a period of time agreeable to the commissioner and the applicant. [PL 2023, c. 512, §3 (AMD).] B. The commissioner shall decide whether an application meets the permit by rule provisions under subsection 7 within 20 working days after notifying the applicant of acceptance of the application, except that, in the case of an application to undertake an activity that requires a permit under chapter 3, subchapter 1, article 6 , the commissioner shall decide whether the application meets the permit by rule provisions under subsection 7 within 90 calendar days after notifying the applicant of acceptance of the application unless the commissioner establishes a different time period for the decision pursuant to section 344‑B . [PL 2023, c. 45, §1 (AMD).] C. For those applications that do not fall under the permit by rule provisions of subsection 7 , the commissioner shall decide upon the application pursuant to the provisions of section 344‑B . [PL 1991, c. 804, Pt. B, §3 (AMD); PL 1991, c. 804, Pt. B, §7 (AFF).] D. For an application for a permit for a grid-scale wind energy development, as defined in Title 35‑A, section 3451, subsection 6 , the following procedures apply. (1) The commissioner shall accept public comment on an application during the course of processing the application. The commissioner shall set a deadline for receiving public comments. (2) The commissioner may not issue the final decision until 10 business days after the close of the public comment period. The commissioner's final decision must include responses to the public comments. [PL 2015, c. 264, §1 (RPR).] Any person aggrieved by a final license or permit decision of the commissioner may appeal that decision to the board. The filing of an appeal with the board is not a prerequisite for the filing of a judicial appeal. [PL 2023, c. 512, §3 (AMD).]

2-B. Conflict with federal requirements. The commissioner may waive the time requirements of this section for those activities which require a federal permit or license when those provisions are inconsistent with federal law. [PL 1989, c. 890, Pt. A, §22 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

3. Time limits for processing applications. [PL 1989, c. 890, Pt. A, §23 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

4. Exceptions. [PL 1989, c. 890, Pt. A, §24 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

4-A. Draft decisions and commissioner recommendations. Draft permits and licenses and commissioner recommendations are subject to the following provisions. A. For those applications to be decided by the commissioner that do not fall under the permit by rule provisions of subsection 7 , the commissioner shall, if requested by the applicant or any interested party, issue a draft permit or license and shall give reasonable notice to the applicant and to any other person who has notified the commissioner of an interest in the application before the commissioner takes final action on the application. The draft permit or license must be made available to the applicant and to all interested persons at the Augusta and appropriate regional offices of the department at least 5 working days before the commissioner takes final action on the application. [PL 1989, c. 890, Pt. A, §25 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] B. For those applications to be decided by the board, the commissioner shall provide a summary of the application to the board, all interested governmental agencies and other interested parties in a manner prescribed by the board by rule. The rule must provide at least 10 working days for the receipt of comments on the application prior to the preparation of a draft permit or license. If requested by the applicant or any interested party, the commissioner shall prepare a draft permit or license and shall give reasonable notice of the date the board will act on the application to the applicant and to any other person who has notified the commissioner of an interest in the application. The draft permit or license must be made available to the applicant and to all interested persons at the Augusta and appropriate regional offices of the department at least 15 working days before the board acts on the application. [PL 1989, c. 890, Pt. A, §25 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] The commissioner may incorporate comments on draft permits at the discretion of the commissioner. The commissioner may make any revised draft available for public comment. If the commissioner decides the draft is substantially revised, the commissioner shall make it available for public comment. [PL 1989, c. 890, Pt. A, §25 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

5. Reconsideration. [PL 1989, c. 890, Pt. A, §26 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).]

6. Fees. The commissioner may establish reasonable fees for the reproduction of materials in the department's custody, including all or part of any application submitted to the department and any records of public hearings. All such fees may be retained by the department and deposited in the Maine Environmental Protection Fund to reimburse expenses incurred in reproducing these materials. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §3 (AMD).]

7. Permit by rule. The Board of Environmental Protection may permit, by rule, any class of activities that would otherwise require the individual issuance of a permit or approval by the board, if the board determines that activities within the class will have no significant impact upon the environment. Any such rule must describe with specificity the class of activities covered by the rule and may establish standards of design, construction or use as may be considered necessary to avoid adverse environmental impacts. Any such rule must require notification to the commissioner prior to the undertaking of the regulated activity. [PL 2011, c. 120, §2 (AMD).]

8. Effective date of license. Except as provided in this subsection, a license granted by the commissioner is effective when the commissioner signs the license. The commissioner may attach a condition to the license requiring up to a 30-day delay in any physical alteration of the project area and any construction activity authorized by the license. A license granted by the board is effective when the chair of the board or the chair's designee signs the license. [PL 1989, c. 890, Pt. A, §27 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

9. License or permit renewals, amendments, revisions, condition compliance, surrenders and transfers. For purposes of this section, a request for a license or permit renewal, amendment, revision, condition compliance, surrender or transfer is considered an application that, unless specifically exempted by law, is subject to a decision by the department. The commissioner may act on an application for a license or permit renewal, amendment, revision, condition compliance, surrender or transfer at any time, including during the pendency of a judicial appeal of a final decision regarding the license or permit. [PL 2023, c. 139, §4 (AMD).]

10. Voluntary surrender. Unless otherwise provided in this Title or rules adopted pursuant to this Title, a license may be voluntarily surrendered by the license holder upon department approval. [PL 2009, c. 121, §5 (NEW).]
38 M.R.S. § 420-B — ME Code / Title 38 / Chapter 3 / Section 420-B
38 §420-B. Surface water ambient toxic monitoring program
Status: in_force

The discharge of pollutants from certain direct and indirect sources into the State's waters introduces toxic substances, as defined under section 420 , into the environment. In order to determine the nature, scope and severity of toxic contamination in the surface waters and fisheries of the State, the commissioner shall conduct a scientifically valid monitoring program. [PL 1993, c. 720, §1 (NEW).]

The program must be designed to comprehensively monitor the lakes, rivers and streams and marine and estuarine waters of the State on an ongoing basis. The program must incorporate testing for suspected toxic contamination in biological tissue and sediment, may include testing of the water column and must include biomonitoring and the monitoring of the health of individual organisms that may serve as indicators of toxic contamination. This program must collect data sufficient to support assessment of the risks to human and ecological health posed by the direct and indirect discharge of toxic contaminants. [PL 1993, c. 720, §1 (NEW).]

1. Development of monitoring plans and work programs. The commissioner shall: A. Prepare a plan every 5 years that outlines the monitoring objectives for the following 5 years, resources to be allocated to those objectives and a plan for conducting the monitoring, including methods, scheduling and quality assurance; and [PL 1993, c. 720, §1 (NEW).] B. Prepare a work program each year that defines the work to be conducted that year toward the objectives of the 5-year plan. This work program must identify specific sites, the sampling media and the contaminants that will be tested. (1) The commissioner shall consider the following factors when selecting monitoring sites for the annual work program: (a) The importance of the water body to fisheries, wildlife and humans; (b) Known or likely sources of contamination and their relative risk to human or ecological health; (c) The existence of pending waste discharge licenses affecting the water body; (d) The availability of reference sites that are relatively unaffected by human activity; (e) Anticipated improvement or degradation of the water body; and (f) The availability of current, valid data from other sources on the level of toxic contamination of the water body. (2) The commissioner shall incorporate the following types of testing in the program: (a) Monitoring of toxic contaminant levels in biological tissue and water body sediments, and monitoring of the water column may be included; (b) Analysis of the resident biological community in the monitored water body; and (c) Monitoring of the health of individual organisms that may serve as indicators of toxic contamination. (3) When selecting the specific toxic substances to be monitored in the annual program, the commissioner shall consider: (a) Toxic substances that have the potential to affect human or ecological health at expected concentrations; (b) Toxic substances from both natural and human sources; (c) Toxic substances that serve as tracers for human sources of pollution; (d) Toxic substances or measures of contamination that may be more cost-effective indicators of other toxic substances; and (e) Toxic substances for which there are analytical test methods approved by the United States Environmental Protection Agency or, where such methods have not been approved, for which the commissioner determines, with the assistance of the technical advisory group established under this section, that proven, reliable methods have been established. The commissioner shall include in the annual work program a written statement providing the factual basis for the selection of the specific toxic substances to be monitored. Prior to implementation of the annual work program, the toxic substances to be monitored and, if not approved by the United States Environmental Protection Agency, the analytical test methods to be used must be approved by the technical advisory group by a 2/3 vote. (4) When determining the intensity of the monitoring effort in the annual program, the commissioner shall consider: (a) The potential for annual variation in toxic contamination at a monitoring site; (b) The degree of homogeneity in the materials to be sampled; and (c) The uncertainty in observations due to possible systematic and analytic error. (5) A technical advisory group composed of 12 individuals is established. The commissioner shall appoint 2 members with scientific backgrounds in toxic contamination or monitoring, ecological assessment or public health from each of the following interests: business, municipal, conservation, public health and academic interests. The President of the Senate shall appoint as a nonvoting member one Senator who serves on the joint standing committee of the Legislature having jurisdiction over natural resources matters. The Speaker of the House shall appoint as a nonvoting member one member of the House of Representatives who serves on the joint standing committee of the Legislature having jurisdiction over marine resources matters. The commissioner shall appoint the chair from among the voting members. A quorum of 6 voting members must be present for the conduct of business. Members do not receive compensation or reimbursement for expenses. The members appointed by the commissioner serve for terms of 3 years except that, for the initial appointments, 2 members serve terms of one year, 4 members serve terms of 2 years and 4 members serve terms of 3 years. The Legislators serve for the duration of the Legislature to which the Legislators are elected. The group shall advise the commissioner during the development of the 5-year monitoring plan and the annual work programs. [PL 2007, c. 445, §1 (AMD).] [PL 2007, c. 445, §1 (AMD).]

1-A. Dioxin monitoring. In order to determine the nature of dioxin contamination in the waters and fisheries of the State, the commissioner shall conduct a monitoring program as described in this subsection. This monitoring must be undertaken to determine the need for fish consumption advisories on affected waters. A. As used in this subsection, the term "dioxin" means any polychlorinated dibenzo-para-dioxins, PCDDs, and any polychlorinated dibenzo-para-furans, PCDFs. [PL 2007, c. 565, §3 (NEW).] B. The commissioner shall: (1) Select a representative sample of wastewater treatment plant sludges from municipal wastewater treatment plants, bleached pulp mills or other sources. These facilities must be selected on the basis of known or likely dioxin contamination of their discharged effluent; (2) Sample and test the sludge of selected facilities for dioxin contamination at least once during each season of the year. The commissioner shall specify which congeners of dioxin will be analyzed; (3) At appropriate intervals, sample and test for dioxin contamination in a selection of fish representative of those species present in the receiving waters or where there are consumption advisories for dioxin. Sufficient numbers of fish must be analyzed to provide a reasonable estimate of the level of contamination in the population of each water body affected; and (4) Assess the selected facilities for the costs of sample collection and analysis except that, if the selected facility is a publicly owned treatment works, the commissioner may assess the primary industrial generator discharging effluent into the treatment facility if the generator is known or likely to be discharging dioxin into the treatment facility. Fees received under this subparagraph must be credited to the Maine Environmental Protection Fund. Payment of these fees is a condition of the discharge license issued pursuant to section 413 for continued operation of the selected facilities, except that, if the selected facility is a publicly owned treatment works and the commissioner assesses the fee on an industrial generator, payment of the fee is not a condition of the discharge license of the selected facility. The fees assessed under this subparagraph may not exceed a total of $250,000 in any fiscal year. The fees assessed under this subparagraph to facilities subject to section 420, subsection 2, paragraph I may not exceed a total of $10,000 in any fiscal year. [PL 2007, c. 565, §3 (NEW).] [PL 2007, c. 565, §3 (NEW).]

2. Data management. The commissioner shall maintain data collected under this section in a manner consistent with standards established under Title 5, chapter 163, subchapter 3 for the State's geographic information system. All data is available to the public. [PL 2005, c. 12, Pt. SS, §22 (AMD).]

3. Coordination and notice of monitoring. The commissioner shall coordinate the monitoring program established under this section with other toxics monitoring programs conducted by the department, the Maine Center for Disease Control and Prevention, the United States Environmental Protection Agency and other federal agencies or dischargers of wastewater. At least 30 days prior to submitting the plan described under subsection 1, paragraph A to the technical advisory group, the commissioner shall notify the owners or operators of each selected facility proposed for dioxin monitoring of the facility's inclusion in the plan. [PL 2007, c. 565, §4 (AMD).]

4. Report. No later than April 30th in the first regular legislative session, the commissioner shall prepare a report on the monitoring program and shall provide an executive summary of the report to the joint standing committees of the Legislature having jurisdiction over natural resources matters and marine resources matters, shall publish the full report on the department's publicly accessible website and shall provide a copy or copies of the full report to the State Librarian as required under Title 1, section 501‑A . This report must contain: A. [PL 2015, c. 124, §5 (RP).] B. The annual work program for the past year and the current year; [PL 1993, c. 720, §1 (NEW).] C. The commissioner's conclusions as to the levels of toxic contamination in the State's waters and fisheries; [PL 1997, c. 179, §4 (AMD).] D. Any trends of increasing or decreasing levels of contaminants found; and [PL 1997, c. 179, §4 (AMD).] E. The results of the dioxin monitoring program required under subsection 1‑A . [PL 2007, c. 565, §§3-5 (AMD); PL 2007, c. 565, §5 (AMD).] [PL 2015, c. 124, §5 (AMD).]
38 M.R.S. § 585-M — ME Code / Title 38 / Chapter 4 / Section 585-M
38 §585-M. Prohibition on sale of gasoline containing corn-based ethanol
Status: in_force

1. Prohibition on sale. A person may not sell or offer for sale gasoline that contains corn-based ethanol as an additive at a level greater than 10% by volume. [PL 2013, c. 69, §1 (NEW).]

2. Effective date. This section does not take effect until at least 2 of the 6 New England states in addition to this State have enacted laws that prohibit the sale of gasoline that contains corn-based ethanol as an additive at a level greater than 10% by volume. The commissioner shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes when at least 2 New England states in addition to this State have enacted laws that prohibit the sale of gasoline that contains corn-based ethanol at a level greater than 10% by volume. In no event may this section take effect until 90 days after adjournment of the First Regular Session of the 126th Legislature. [PL 2013, c. 69, §1 (NEW).]
38 M.R.S. § 1612 — ME Code / Title 38 / Chapter 16 / Section 1612
38 §1612. Drug take-back stewardship program
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Authorized collector" means: (1) A person, company, corporation or other entity registered with the United States Department of Justice, Drug Enforcement Administration to collect controlled substances and noncontrolled substances for the purposes of safe disposal and destruction; (2) A law enforcement agency; or (3) A person, company, corporation or other entity authorized by the department to provide alternative collection methods for covered drugs that are household pharmaceutical waste and that are noncontrolled substances. "Authorized collector" includes a mandatory pharmacy collector. [PL 2021, c. 94, §2 (NEW).] B. [PL 2023, c. 504, §1 (RP).] C. "Collection receptacle" means a secure box, kiosk or other container: (1) Into which a person may deposit for disposal covered drugs that are household pharmaceutical waste and that is prominently labeled in a manner indicating that only such types of covered drugs may be deposited for disposal; (2) That meets applicable federal standards for the use described in subparagraph (1); and (3) That is located on the premises of an authorized collector participating in a stewardship program under this section. [PL 2021, c. 94, §2 (NEW).] D. "Covered drug" means any substance recognized as a drug under 21 United States Code, Section 321(g)(1), as amended, and any regulations adopted pursuant to that provision, that is sold, offered for sale or dispensed in the State, whether directly or through a wholesaler, in any form, including, but not limited to, prescription and nonprescription drugs, drugs in medical devices and combination products, brand name and generic drugs and drugs for veterinary use. "Covered drug" does not include: (1) Vitamins or supplements; (2) Herbal-based remedies and homeopathic drugs, products or remedies; (3) Cosmetics, soap with or without germicidal agents, laundry detergent, bleach, household cleaning products, shampoo, sunscreen, toothpaste, lip balm, antiperspirant or other personal care products that are regulated as both cosmetics and nonprescription drugs under the Federal Food, Drug, and Cosmetic Act; (4) Pet pesticide products contained in pet collars, powders, shampoos, topical applications or other forms and prescription pet food; (5) Drugs that are biological products, as defined in 21 Code of Federal Regulations, Section 600.3(h), if the manufacturer provides a program to take back that drug; (6) Drugs for which a manufacturer provides a program to take back those drugs as part of a United States Department of Health and Human Services, Food and Drug Administration managed risk evaluation and mitigation strategy; (7) Emptied syringes or emptied medical devices or the component parts or accessories of those products or devices; (8) Drugs that are used solely in a clinical setting; and (9) Dialysate drugs required to perform home kidney dialysis. [PL 2023, c. 504, §2 (AMD).] E. "Drug take-back stewardship organization" or "stewardship organization" means a corporation, nonprofit organization or other legal entity created by one or more manufacturers to implement a stewardship program under this section. [PL 2021, c. 94, §2 (NEW).] F. "Drug take-back stewardship plan" or "plan" means a plan designed by a manufacturer or stewardship organization for the establishment of a stewardship program. [PL 2021, c. 94, §2 (NEW).] G. "Drug take-back stewardship program" or "stewardship program" means a system implemented under this section for the collection, transportation and disposal of covered drugs that are household pharmaceutical waste. [PL 2021, c. 94, §2 (NEW).] H. "Household pharmaceutical waste" means useless, unwanted, expired or discarded drugs generated by a household. For the purposes of this paragraph, "household" includes, but is not limited to, a single residential unit, a multifamily residential unit, an apartment and an independent living community. "Household" does not include a hospital, health clinic, hospice facility, skilled nursing facility or other long-term care facility, physician's office, pharmacy or veterinary office or clinic. [PL 2021, c. 94, §2 (NEW).] I. "Mail-back envelope" means a prepaid, preaddressed mailing envelope, as authorized by federal law and regulation, that is provided by or through a company or organization licensed or otherwise authorized to dispose of covered drugs that are household pharmaceutical waste received in such mailing envelopes and that is made available through a stewardship program to persons seeking to dispose of covered drugs that are household pharmaceutical waste. [PL 2021, c. 94, §2 (NEW).] J. "Mandatory pharmacy collector" means a pharmacy licensed by the Maine Board of Pharmacy pursuant to Title 32, section 13751 . For the purposes of this paragraph, "pharmacy" has the same meaning as in Title 32, section 13702‑A, subsection 24 , except that "pharmacy" does not include a pharmacy that purchases drugs for and dispenses drugs to a limited, institutional patient population. [PL 2021, c. 94, §2 (NEW).] K. "Manufacturer" means: (1-A) Except as provided in subparagraph (2), a manufacturer of a covered drug that is sold or offered for sale in or into the State; or (2) If the manufacturer of a covered drug that is sold or offered for sale in or into the State has no physical presence in the United States and is not a participant in a stewardship program, a person that imports a covered drug that is sold or offered for sale in or into the State. "Manufacturer" does not include a wholesaler that sells or offers for sale in the State at wholesale a covered drug if the covered drug is manufactured by a manufacturer that is a participant in a stewardship program. "Manufacturer" does not include a retailer that sells or offers for sale in the State at retail a covered drug under the retailer's store label if the covered drug is manufactured by a manufacturer that is a participant in a stewardship program. [PL 2023, c. 504, §3 (AMD).] L. "Operator" means a manufacturer or a stewardship organization that implements and operates a stewardship program. [PL 2021, c. 94, §2 (NEW).] M. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submitter and would make available information not otherwise publicly available. [PL 2021, c. 94, §2 (NEW).] [PL 2023, c. 504, §§1-3 (AMD).]

2. Manufacturer responsibility. A manufacturer shall: A. Individually or jointly with one or more manufacturers, implement, administer and operate a stewardship program pursuant to a plan that has been approved by the department; or [PL 2021, c. 94, §2 (NEW).] B. Enter into an agreement with a stewardship organization to implement, administer and operate a stewardship program pursuant to a plan that has been approved by the department. [PL 2021, c. 94, §2 (NEW).] [PL 2021, c. 94, §2 (NEW).]

3. Submittal of plan. A manufacturer, individually or jointly with one or more manufacturers, or a stewardship organization contracted by one or more manufacturers, shall submit to the department for approval a proposed plan. The plan must include, at a minimum: A. A certification that the stewardship program will accept all covered drugs that are household pharmaceutical waste regardless of who manufactured the covered drugs; [PL 2021, c. 94, §2 (NEW).] B. Contact information for the person submitting the plan to whom the department shall direct all related inquiries, a list of participating manufacturers and their covered drugs, contact information for each participating manufacturer and a list of the covered drugs manufactured by any participating manufacturer that are labeled for sale in the State by a retailer under the retailer's own store label; [PL 2023, c. 504, §4 (AMD).] C. A description of how the stewardship program will make available free, convenient and ongoing collection opportunities for covered drugs that are household pharmaceutical waste to all persons seeking to dispose of such covered drugs and how the collection opportunities will be geographically distributed in a way to ensure access in rural and underserved areas, as determined based on geographic information systems modeling. The plan must include a list of authorized collectors and collection locations; [PL 2021, c. 94, §2 (NEW).] D. A description of the collection methods to be used to ensure that only covered drugs that are household pharmaceutical waste will be collected by authorized collectors under the stewardship program and a description of how separation of those covered drugs from packaging by consumers will be encouraged to reduce transportation and disposal costs. The plan must ensure that collection methods used under the program include mail-back envelopes and collection receptacles and do not include home disposal methods involving packets, bottles or other containers that a person may use to render nonretrievable or destroy a covered drug that is household pharmaceutical waste by means of a chemical process; [PL 2021, c. 94, §2 (NEW).] E. A certification that, upon implementation of the plan, the operator, jointly with the operators of other approved plans if any, will develop and administer a publicly accessible website that includes: (1) A list of authorized collectors, collection locations and the collection methods available at each collection location available under each stewardship program, updated as necessary; (2) General information regarding the purpose and scope of the stewardship program or programs and the opportunities available to consumers under the program or programs for the safe disposal of covered drugs that are household pharmaceutical waste; and (3) A statement that the stewardship program or programs are designed for the collection of covered drugs that are household pharmaceutical waste only; [PL 2021, c. 94, §2 (NEW).] F. Information on how covered drugs that are household pharmaceutical waste will be safely and securely tracked, handled and transported from collection through final disposition and policies to ensure security and compliance with all applicable federal and state laws, rules and regulations including, but not limited to, 21 Code of Federal Regulations, Section 1317.90 and 40 Code of Federal Regulations, Sections 239 to 282; [PL 2021, c. 94, §2 (NEW).] G. A description of how the collection system will be designed and monitored to prevent tampering; [PL 2021, c. 94, §2 (NEW).] H. A description of how the stewardship program will measure the amount of collected and disposed of covered drugs that are household pharmaceutical waste; [PL 2021, c. 94, §2 (NEW).] I. A description of the education and outreach materials that will be used by the stewardship program to encourage consumer awareness and participation and to meet the performance goals established pursuant to paragraph J , including, but not limited to, a publicly accessible website with the information described in paragraph E and printed materials, including brochures and signage, containing similar information for use by authorized collectors and at collection locations. The plan must ensure that the program provides education and outreach materials to authorized collectors for distribution to consumers in accordance with subsection 8, paragraph E ; [PL 2021, c. 94, §2 (NEW).] J. A description of the performance goals to be established under the stewardship program to measure the success of the program and a description of how the program will be designed to achieve or exceed those goals. Performance goals must include, but are not limited to, the implementation of education and outreach efforts designed to: (1) Ensure awareness of the program by 60% of residents of the State after one year of stewardship program implementation, by 70% of residents of the State after 2 years of implementation and by 75% of residents of the State after 4 years of implementation; and (2) Discourage the use of improper disposal methods for covered drugs that are household pharmaceutical waste, such as flushing the drugs or placing them in the garbage; [PL 2021, c. 94, §2 (NEW).] K. A description of how the manufacturer or stewardship organization will fund a representative survey of residents of the State by an independent 3rd party prior to implementation of the stewardship program to assess baseline public awareness regarding proper disposal methods for unwanted drugs; and [PL 2021, c. 94, §2 (NEW).] L. Information on how the stewardship program will be financed in accordance with subsection 5 . [PL 2021, c. 94, §2 (NEW).] [PL 2023, c. 504, §4 (AMD).]

4. Approval of plan; amendments to plan; program audits. Within 120 business days of receipt of a plan submitted under subsection 3 , the department shall review the plan and approve, approve with conditions or reject the plan. The department may hold a public hearing prior to deciding whether to approve, approve with conditions or reject a submitted plan. The department shall notify the person or persons that submitted the plan in writing of the department's determination and, if the plan is approved with conditions or rejected, include in the notification the basis for the department's determination. A. A manufacturer or stewardship organization whose plan is rejected shall submit a revised plan to the department within 60 days after receiving a notice of rejection. If the department rejects the revised plan, the manufacturer or manufacturers that submitted the plan or that would have been participating under the plan are considered noncompliant with the requirements of this section. [PL 2021, c. 94, §2 (NEW).] B. A manufacturer that begins to sell or offer for sale in the State a covered drug after the date that an approved plan is first implemented under subsection 6 shall, within 30 days after the manufacturer's initial sale or offer for sale in the State of that covered drug, demonstrate to the department that it is participating in an existing stewardship program under this section or submit a proposed plan consistent with subsection 3 for a new stewardship program to the department for approval. [PL 2021, c. 94, §2 (NEW).] C. Prior to implementing an amendment to an approved plan, an operator shall submit the proposed amendment to the department for review. If the amendment is not substantive, such as the addition of or a change to a collection location or the addition of a manufacturer to the stewardship program, approval by the department is not needed, but the operator shall inform the department of the amendment within 14 days of implementing the amendment. The department shall review plan amendments in accordance with paragraphs A and B . [PL 2021, c. 94, §2 (NEW).] D. At any time, the department may require an operator to implement amendments to its approved plan or to submit to an independent financial audit of its stewardship program. [PL 2021, c. 94, §2 (NEW).] [PL 2021, c. 94, §2 (NEW).]

5. Costs. A manufacturer, individually or jointly with one or more manufacturers, shall pay all costs associated with the implementation, administration and operation of the manufacturer's stewardship program, including, but not limited to: A. Costs of installing, managing and servicing collection receptacles at and collecting covered drugs that are household pharmaceutical waste from participating authorized collectors, transporting such covered drugs for disposal, disposing of such covered drugs and providing mail-back envelopes; [PL 2021, c. 94, §2 (NEW).] B. Costs related to the development of, with input from authorized collectors and the department, a readily recognizable, consistent design for collection receptacles, as well as clear, standardized instructions for consumers regarding the use of collection receptacles; [PL 2021, c. 94, §2 (NEW).] C. Costs incurred by the department in accordance with subsection 11 in the review of submitted plans and plan amendments, the review of annual reports and the administration and enforcement of this section; and [PL 2021, c. 94, §2 (NEW).] D. Costs associated with the stewardship program assessments required under this section. [PL 2021, c. 94, §2 (NEW).] When 2 or more manufacturers participate in a stewardship program, or if multiple stewardship programs exist, the costs of implementing, administering and operating the program or programs must be fairly and reasonably allocated between each participating manufacturer so that the share of the costs that is allocated to each manufacturer is reasonably related to the revenue-based market share of covered drugs that the manufacturer sells in the State. [PL 2021, c. 94, §2 (NEW).]

6. Implementation of plan. A manufacturer or stewardship organization that submitted a plan under subsection 3 that was approved by the department under subsection 4 shall implement that plan no later than 180 days after the date the plan was approved. [PL 2021, c. 94, §2 (NEW).]

7. Confidential information. Proprietary information submitted to the department in a drug take-back stewardship plan under this section, in an amendment to a plan or pursuant to the reporting requirements of this section 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 2021, c. 94, §2 (NEW).]

8. Authorized collectors; collection locations. This subsection governs the activities of authorized collectors and the operation of collection locations. A. A mandatory pharmacy collector shall participate in a stewardship program and shall provide for the safe collection of covered drugs that are household pharmaceutical waste under that program through the use of: (1) Mail-back envelopes made available to consumers of covered drugs upon request; (2) Collection receptacles; or (3) Any other method of collection that complies with applicable United States Department of Justice, Drug Enforcement Administration regulations under 21 Code of Federal Regulations, Part 1300, 1301, 1304, 1305, 1307 or 1317 and that has been approved by the department as a method of collection for use in the stewardship program, except that the department may not approve for use in any stewardship program under this section a method of home disposal involving packets, bottles or other containers that a person may use to render nonretrievable or destroy a covered drug that is household pharmaceutical waste by means of a chemical process. A mandatory pharmacy collector that is a pharmacy not located in the State that provides covered drugs to residents in the State by mail shall provide for the safe collection of covered drugs that are household pharmaceutical waste through the use of mail-back envelopes and shall ensure that consumers in the State purchasing covered drugs from the pharmacy are provided with information regarding the availability of such envelopes upon request and instructions regarding how the customer can request an envelope. [PL 2021, c. 94, §2 (NEW).] B. An operator shall notify all authorized collectors that are not mandatory pharmacy collectors of the opportunity to serve on a voluntary basis as a collection location under the stewardship program and shall ensure that any such authorized collector that requests to participate in the program is added to the program within 90 days of the operator's receipt of the request. A participating authorized collector that is not a mandatory pharmacy collector may use any of the collection methods described under paragraph A . [PL 2021, c. 94, §2 (NEW).] C. The operator shall ensure that all collection receptacles located at a collection location under the stewardship program are emptied and serviced as often as necessary to avoid the receptacles reaching storage capacity and to ensure proper operation. [PL 2021, c. 94, §2 (NEW).] D. A mandatory pharmacy collector participating in a stewardship program shall provide information on covered drug collection and safe drug disposal options to a consumer upon dispensing a covered drug, including the availability of mail-back envelopes upon request. An authorized collector that is located in the State that is providing for the collection of covered drugs that are household pharmaceutical waste through the use of mail-back envelopes shall ensure that information regarding the availability of such envelopes upon request is prominently posted, displayed or otherwise provided to consumers purchasing covered drugs. [PL 2021, c. 94, §2 (NEW).] E. As part of a stewardship program, all collection mechanisms, program information and other program services must be provided by the operator free of charge to authorized collectors, including, but not limited to, the installation, maintenance and emptying of collection receptacles; the provision of mail-back envelopes, educational materials, brochures and signage; and drug-disposal-specific surveillance. [PL 2021, c. 94, §2 (NEW).] F. Collection of covered drugs that are household pharmaceutical waste at collection locations under a stewardship program must be made available to consumers free of charge. An operator and an authorized collector may not charge a point-of-sale fee to consumers, a fee that could be passed on to consumers or any other fee relating to the collection and disposal of covered drugs that are household pharmaceutical waste. [PL 2021, c. 94, §2 (NEW).] [PL 2021, c. 94, §2 (NEW).]

9. Education and outreach assessment. During the 2nd and 3rd years of implementation of a stewardship program, and every 2 years after that 3rd year, the operator of the program shall fund an independent 3rd-party assessment of the effectiveness of the program's education and outreach efforts, including, but not limited to, progress achieving the consumer awareness goal described in subsection 3, paragraph J , subparagraph (1) and efforts under the program to discourage the use of improper disposal methods for covered drugs that are household pharmaceutical waste, as described in subsection 3, paragraph J , subparagraph (2). The methods and scope of the assessment under this subsection must be developed with input from the department. The operator shall implement changes as necessary to the stewardship program's education and outreach efforts if demonstrated by the results of the assessment. [PL 2021, c. 94, §2 (NEW).]

10. Annual stewardship program reporting. Within 90 days after the first full year of implementation of a stewardship program, and annually thereafter, the operator of the program shall submit to the department a report describing the activities of the program during the prior calendar year, which must include, at a minimum: A. A list of manufacturers participating in the stewardship program, including contact information; [PL 2021, c. 94, §2 (NEW).] B. The amount by weight of material collected under the stewardship program in the prior calendar year, including the amount by weight from each collection method used, both in total and by county; [PL 2021, c. 94, §2 (NEW).] C. Details regarding the stewardship program's collection system, including a list of authorized collectors and associated collection locations with addresses; a list of locations where mail-back envelopes were provided under the program; a list of collection locations where collection receptacles were made available under the program; dates and locations of collection events held under the program; and a list of the transporters and disposal facilities used under the program for the transportation and disposal of collected covered drugs that are household pharmaceutical waste; [PL 2021, c. 94, §2 (NEW).] D. Information regarding any safety or security issues encountered in the collection, transportation or disposal of covered drugs that are household pharmaceutical waste under the program during the prior calendar year and, if such issues occurred, a description of completed or anticipated changes to program policies, procedures or tracking mechanisms to address those issues; [PL 2021, c. 94, §2 (NEW).] E. A description of the public education, outreach and evaluation activities implemented in accordance with the approved plan pursuant to subsection 3, paragraph I . For the 2nd year and 3rd year of stewardship program implementation, and every 2 years after that 3rd year, the report must include the results of the 3rd-party assessment required under subsection 9 ; [PL 2021, c. 94, §2 (NEW).] F. A description of how packaging collected under the program was recycled, to the extent feasible; [PL 2021, c. 94, §2 (NEW).] G. A description of the methods used under the stewardship program to collect, transport and dispose of covered drugs that are household pharmaceutical waste, including information regarding efforts by the operator to ensure that only covered drugs that are household pharmaceutical waste were collected, and how the methods are consistent with the federal hazardous waste regulations identified in subsection 3, paragraph F ; [PL 2021, c. 94, §2 (NEW).] H. A summary of the stewardship program's achievement of its performance goals as set forth in the approved plan pursuant to subsection 3, paragraph J . If any performance goals were not achieved, the report must include a description of the efforts that will be made to achieve those goals the following year; [PL 2021, c. 94, §2 (NEW).] I. An analysis of the convenience of the collection system under the stewardship program for people living in various regions of the State, as determined based on geographic information systems modeling; [PL 2021, c. 94, §2 (NEW).] J. The total cost of implementing, administering and operating the stewardship program in the prior calendar year, which must include an accounting of the program's expenditures in the prior calendar year, as verified through an independent 3rd-party audit; [PL 2021, c. 94, §2 (NEW).] K. Any recommendations for changes to the stewardship program to improve the convenience of the collection system, to increase consumer awareness and education or to better evaluate program performance; and [PL 2021, c. 94, §2 (NEW).] L. An analysis of the revenue-based market share of covered drugs sold by participating manufacturers in the State and any other information required by the department for determining appropriate cost allocation in accordance with subsection 5 . [PL 2021, c. 94, §2 (NEW).] [PL 2021, c. 94, §2 (NEW).]

11. Administration and enforcement; rulemaking; fees. The department shall administer and enforce this section and may adopt rules as necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . The department shall charge a reasonable fee to be paid by a manufacturer or stewardship organization for review of a plan or amendments to an approved plan submitted under subsection 4 . The department may establish a reasonable annual fee to cover the department's actual costs for annual report review, oversight, administration and enforcement of a stewardship program, except that the fee may not exceed the greater of $100,000 per year and 1% of total stewardship program costs, as verified through the independent 3rd-party audit required under subsection 10, paragraph J . [PL 2021, c. 94, §2 (NEW).]

12. Private right of action. A manufacturer or stewardship organization implementing an approved plan under this section that is in compliance with all applicable requirements of this section may bring a civil action against a manufacturer for damages when: A. The plaintiff manufacturer or stewardship organization has incurred more than $3,000 in actual, direct costs in collecting, handling and disposing of covered drugs that are household pharmaceutical waste sold or offered for sale in the State by a defendant manufacturer or manufacturers that are not in compliance with all applicable requirements of this section; [PL 2021, c. 94, §2 (NEW).] B. The defendant manufacturer or manufacturers can be identified as the manufacturer or manufacturers of the covered drugs described in paragraph A from a brand or marking on the covered drugs or from other information available to the plaintiff manufacturer or stewardship organization; [PL 2021, c. 94, §2 (NEW).] C. The plaintiff manufacturer or stewardship organization has submitted a reimbursement request for the costs described in paragraph A to the defendant manufacturer or manufacturers; and [PL 2021, c. 94, §2 (NEW).] D. The plaintiff manufacturer or stewardship organization has not received reimbursement for the costs described in paragraph A within: (1) Sixty days after the request for reimbursement under paragraph C , if the plaintiff manufacturer or stewardship organization did not request an independent audit under subparagraph (2); or (2) Thirty days after completion of an independent audit, if the plaintiff manufacturer or stewardship organization requested an independent audit and the audit verified the validity of the reimbursement request. [PL 2021, c. 94, §2 (NEW).] As used in this subsection, "damages" means the actual, direct costs a plaintiff manufacturer or stewardship organization incurs in collecting, handling and disposing of covered drugs that are household pharmaceutical waste reasonably identified as having originated from a defendant manufacturer or manufacturers that are not in compliance with all applicable requirements of this section; punitive or exemplary damages not exceeding 3 times those incurred costs; and the plaintiff manufacturer's or stewardship organization's attorney's fees and costs of bringing the action under this subsection. [PL 2021, c. 94, §2 (NEW).]

13. Annual report to Legislature. The department shall annually report to the joint standing committee of the Legislature having jurisdiction over environment and natural resources matters on the status of stewardship programs established pursuant to this section and shall recommend amendments to the provisions of this section as necessary. After reviewing the report under this subsection, the committee may report out legislation related to the report. The report under this subsection may be included in the report required pursuant to section 1772, subsection 1 . [PL 2021, c. 94, §2 (NEW).]

14. Preemption. To ensure maximum effectiveness through uniform statewide application, the State intends to occupy the whole field of regulation of government‑mandated, manufacturer‑funded drug take‑back, collection or disposal programs. A local government may not adopt an ordinance mandating a manufacturer‑funded drug take‑back, collection or disposal program and any ordinance or regulation that violates this subsection is void and has no force or effect. [PL 2021, c. 94, §2 (NEW).]

Revisor's Note: §1612. Hydrofluorocarbon use restrictions (As enacted by PL 2021, c. 192, §1 is REALLOCATED TO TITLE 38, SECTION 1613)

Revisor's Note: §1612. Products containing PFAS (As enacted by PL 2021, c. 477, §1 is REALLOCATED TO TITLE 38, SECTION 1614)

Revisor's Note: §1612. Plastic beverage containers (As enacted by PL 2021, c. 742, §3 is REALLOCATED TO TITLE 38, SECTION 1615)
38 M.R.S. § 3102 — ME Code / Title 38 / Chapter 33 / Section 3102
38 §3102. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 166, §14 (NEW).]

1. Beverage. "Beverage" means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. [PL 2015, c. 166, §14 (NEW).]

1-A. Account-based bulk processing program. "Account-based bulk processing program" means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees and material weight and prepares the sorted containers for sale to recyclers. An account-based bulk processing program may include a bag drop program as a program component. [PL 2023, c. 482, §2 (NEW).]

1-B. Bag-drop program. "Bag-drop program" means a beverage container recycling program implemented by a redemption center that meets the requirements of rules adopted by the department and that allows a person to drop off beverage containers subject to the requirements of this chapter in a bag or other receptacle at one or more identified locations and to have the corresponding refund placed into an account to be held for the benefit of the person in a manner that allows the person to obtain the refund or a refund receipt within 10 calendar days following the drop-off. A bag-drop program may be implemented as part of or in conjunction with an account-based bulk processing program. [PL 2023, c. 482, §3 (NEW).]

2. Beverage container. "Beverage container" means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. "Beverage container" does not include a container composed, in whole or in part, of aluminum and plastic or aluminum and paper in combination as long as the aluminum content represents 10% or less of the unfilled container weight, the container materials represent 5% or less of the total weight of the container and its contents and the container is filled with a nonalcoholic beverage. "Beverage container" does not include a container composed of cardboard in combination with a plastic liner. [PL 2017, c. 10, §1 (AMD).]

3. Commingling agreement. "Commingling agreement" means an agreement between 2 or more initiators of deposit allowing the beverage containers for which they have initiated deposits to be commingled by dealers and redemption centers, as described in section 3107 . [PL 2015, c. 166, §14 (NEW).]

3-A. Commingling cooperative or cooperative. "Commingling cooperative" or "cooperative" means the entity established pursuant to section 3107, subsection 3‑B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. [PL 2023, c. 482, §4 (NEW).]

3-B. Commingling group. "Commingling group" means a group of initiators of deposit that have entered into a commingling agreement approved by the department in accordance with section 3107, subsection 1‑A or 1‑B . "Commingling group" includes the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107 , is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement, but does not include the commingling cooperative. [PL 2023, c. 482, §5 (NEW).]

4. Commissioner. "Commissioner" means the Commissioner of Environmental Protection. [PL 2015, c. 166, §14 (NEW).]

5. Consumer. "Consumer" means an individual who purchases a beverage in a beverage container for use or consumption. [PL 2015, c. 166, §14 (NEW).]

6. Dealer. "Dealer" means a person who sells, offers to sell or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers. [PL 2015, c. 166, §14 (NEW).]

7. Department. "Department" means the Department of Environmental Protection. [PL 2015, c. 166, §14 (NEW).]

8. Distributor. "Distributor" means a person who engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer who engages in such sales. [PL 2015, c. 166, §14 (NEW).]

9. Hard cider. "Hard cider" means a beverage produced by fermentation of the juice of fruit, including, but not limited to, flavored, sparkling or carbonated cider that contains not less than 1/2 of 1% alcohol by volume and not more than 8.5% alcohol by volume. [PL 2017, c. 137, Pt. A, §14 (AMD).]

10. In this State. "In this State" or "in the State" means within the exterior limits of the State and includes all territory within these limits owned by or ceded to the United States of America. [PL 2015, c. 166, §14 (NEW).]

11. Initiator of deposit or initiator. "Initiator of deposit" or "initiator" means a manufacturer, distributor or other person who initiates a deposit on a beverage container under section 3103 . [PL 2015, c. 166, §14 (NEW).]

12. Local redemption center. [PL 2019, c. 526, §3 (RP).]

13. Manufacturer. "Manufacturer" means a person that: A. Sells or offers for sale a beverage in the State under the manufacturer's brand or label; [PL 2019, c. 526, §4 (NEW).] B. Licenses another person to sell or offer for sale a beverage in the State under the manufacturer's brand or label; [PL 2019, c. 526, §4 (NEW).] C. Imports into the United States for sale or offering for sale in the State a beverage that is manufactured outside of the United States by another person without a presence in the United States; or [PL 2019, c. 526, §4 (NEW).] D. Is an out-of-state wholesaler of liquor that holds a certificate of approval issued pursuant to Title 28‑A . [PL 2019, c. 526, §4 (NEW).] [PL 2019, c. 526, §4 (AMD).]

14. Nonrefillable. "Nonrefillable" means a beverage container that, after being used by a consumer, is not to be reused as a beverage container by a manufacturer. [PL 2015, c. 166, §14 (NEW).]

15. Operator of a vending machine. "Operator of a vending machine" means an owner of a vending machine, the person who refills it or the owner or lessee of the property upon which it is located. [PL 2015, c. 166, §14 (NEW).]

16. Person. "Person" means an individual, partnership, corporation or other legal entity. [PL 2015, c. 166, §14 (NEW).]

16-A. Pick-up agent. "Pick-up agent" means a contracted agent of an initiator of deposit, a distributor, a commingling group or the commingling cooperative that receives redeemed beverage containers from a redemption center, except for beverage containers redeemed through an account‑based bulk processing program, and transports those containers for recycling. [PL 2023, c. 482, §6 (AMD); PL 2023, c. 482, §43 (AFF).]

17. Premises. "Premises" means the property of the dealer or the dealer's lessor on which a sale is made. [PL 2015, c. 166, §14 (NEW).]

17-A. Proprietary information. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. [PL 2019, c. 526, §5 (NEW).]

17-B. Recycling. "Recycling" or "recycle" means a series of activities by which material that has reached the end of its current use is processed into material for use in the production of new products. [PL 2019, c. 526, §5 (NEW).]

17-C. Redemption center. "Redemption center" means a place of business that deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and that is licensed under section 3113 . [PL 2019, c. 526, §5 (NEW).]

18. Refillable. "Refillable" means a beverage container that, after being used by a consumer, is to be reused as a beverage container at least 5 times by a manufacturer. [PL 2015, c. 166, §14 (NEW).]

19. Reverse vending machine. "Reverse vending machine" means an automated device that meets the requirements of rules adopted by the department and that uses a laser scanner or optical sensor and microprocessor to accurately recognize the universal product code on each beverage container and to accumulate information regarding containers redeemed, enabling the reverse vending machine to accept containers from redeemers and to issue script for the containers' refund value. "Reverse vending machine" does not include a hand scanner or other similar device. [PL 2023, c. 482, §7 (AMD).]

20. Rice milk. "Rice milk" means any liquid intended for internal human consumption of which the primary protein source is rice protein derived from partially milled brown rice. [PL 2015, c. 166, §14 (NEW).]

21. Spirits. "Spirits" has the same meaning as in Title 28‑A, section 2, subsection 31 . [PL 2015, c. 166, §14 (NEW).]

22. Unflavored soymilk. "Unflavored soymilk" means any liquid containing no additional flavoring ingredients and intended for internal human consumption, the primary protein source of which is soy protein derived from whole soybeans, isolated soy protein, soy protein concentrate, soy flour, spray-dried tofu or spray-dried soymilk. [PL 2015, c. 166, §14 (NEW).]

23. Use or consumption. "Use or consumption" means the exercise of any right or power over a beverage incident to the ownership thereof, other than the sale, storage or retention for the purpose of sale of a beverage. [PL 2015, c. 166, §14 (NEW).]

24. Wine. "Wine" has the same meaning as in Title 28‑A, section 2, subsection 36 , except that, for the purposes of this chapter, "wine" does not include wine coolers. [PL 2015, c. 166, §14 (NEW).]

25. Wine cooler. "Wine cooler" means a beverage of less than 8% alcohol content by volume consisting of wine and: A. Plain, sparkling or carbonated water; and [PL 2015, c. 166, §14 (NEW).] B. Any one or more of the following: (1) Fruit juices; (2) Fruit adjuncts; (3) Artificial or natural flavors or flavorings; (4) Preservatives; (5) Coloring; or (6) Any other natural or artificial blending material. [PL 2015, c. 166, §14 (NEW).] [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 417-A — ME Code / Title 38 / Chapter 3 / Section 417-A
38 §417-A. Manure spreading
Status: in_force

Notwithstanding Title 7, section 4207 , when the ground is frozen, a person may not spread manure on agricultural fields within a great pond watershed unless this activity is in accordance with a conservation plan for that land on file with a state soil and water conservation district. [PL 1997, c. 642, §6 (AMD).]
38 M.R.S. § 1101 — ME Code / Title 38 / Chapter 11 / Section 1101
38 §1101. Formation
Status: in_force

The formation of a sanitary district is accomplished as follows. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §211 (AMD).]

1. Application. The municipal officers of the municipality or municipalities, or portions thereof, or the residents of unorganized territory, that desire to form a sanitary district shall file an application with the Board of Environmental Protection on a form or forms to be prepared by the commissioner, setting forth the name or names of the municipality or municipalities, or portions thereof, or, in the case of residents of unorganized territory, the names of the residents, that propose to be included in a proposed district, and shall furnish other data as the board may determine necessary and proper. The application must contain, but is not limited to, a description of the territory of the proposed district, the name proposed for the district which must include the words "Sanitary District," a statement showing the existence in the territory of the conditions requisite for the creation of a sanitary district as prescribed in section 1062 . A copy of an engineering study or studies must be filed with the application. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).]

1-A. Application by referendum. Residents of a municipality or municipalities, or portions thereof, that desire to form a sanitary district may petition the municipal officers to file an application for a sanitary district with the Board of Environmental Protection. The petition shall contain a description of the territory of the proposed district. Upon receipt of a written petition signed by at least 10% of the number of voters voting for the gubernatorial candidates at the last statewide election in that proposed district, the municipal officers shall submit the question to the voters of the proposed district at the next general, primary or special election within the proposed district. The referendum question shall read as follows: "Shall the municipal officers representing the proposed sanitary district, consisting of (describe the territory of the proposed district), file an application for a sanitary district with the Board of Environmental Protection on behalf of the residents of the proposed district?" If the referendum question is approved by a majority of the legal voters voting at the election, provided that the total number of votes cast for and against the referendum question equaled or exceeded 20% of the total number of votes cast in the proposed district in the last gubernatorial election, the municipal officers representing the residents of the proposed sanitary district shall file an application for that proposed district in accordance with subsection 1 . [PL 1981, c. 466, §2 (NEW).]

2. Public hearing. Upon receipt of the application, the Board of Environmental Protection shall cause a public hearing to be held thereon, in one of the municipalities within the proposed district, or, in the case of an application made solely by residents of unorganized territory, at some convenient place within the boundaries of the proposed district. [PL 1977, c. 300, §50 (AMD).]

3. Approval of application. After the public hearing on the evidence received at the hearing, the board shall make findings of fact and conclusions thereon and determine of record whether or not the conditions requisite for the creation of a sanitary district exist in the territory described in the application. If the board finds that those conditions do exist, it shall issue an order approving the proposed district as conforming to the requirements of this chapter and designating the name of the proposed district. The commissioner shall give notice to the municipal officers within the municipality or municipalities involved, and where unorganized territory is involved, to the persons signing the application mentioned in subsection 1 and to the commissioners of the county wherein the unorganized territory is located, of a date, time and place of a meeting of the municipal officers of the municipality or municipalities involved, and, where unorganized territory is involved, a joint meeting of all the persons signing the application mentioned in subsection 1 and of the commissioners of the county in which the unorganized territory is located. The notice must be in writing and sent by registered or certified mail, return receipt requested, to the addresses shown on the application mentioned in subsection 1 and, in the case of county commissioners, to the addresses of the county commissioners obtained from the county clerk. A return receipt properly endorsed is evidence of the receipt of notice. The notice must be mailed at least 10 days prior to the date set for the meeting. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).]

4. Denial of application. If the board after a public hearing determines that the creation of a sanitary district in the territory described in the application is not warranted for any reason, it shall make findings of fact and conclusions thereon and enter an order denying its approval. The board shall give notice of the denial by mailing certified copies of the decision and order to the municipal officers of the municipality or municipalities involved, and, where unorganized territory is involved, to the persons signing the application mentioned in subsection 1 and to the commissioners of the county in which the unorganized territory is located. No application for the creation of a sanitary district, consisting of exactly the same territory, may be entertained within one year after the date of the issuance of an order denying approval of the formation of the sanitary district, but this provision does not preclude action on an application for the creation of a sanitary district embracing all or part of the territory described in the original application, provided that another municipality or fewer municipalities, or other or fewer sections thereof are involved, or that a different area of unorganized territory is involved, or, in the case of an application made solely by residents of unorganized territory, that an allegation of change in circumstances from those existing on the date of the previous application must be furnished to the commissioner with the resubmitted application. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).]

5. Appeal. [PL 1977, c. 300, §51 (RP).]

6. Joint meeting. The persons to whom the notice described in subsection 3 is directed shall meet at the time and place appointed. In the case where more than one municipality or where unorganized territory is involved, they shall organize by electing a chair and a secretary. No action may be taken at this meeting unless at the time of convening thereof there are present at least 1/2 of the total number of municipal officers eligible to attend and participate at the meeting, and, where the proposed district includes or is composed solely of unorganized territory, at least 2/3 of the persons signing the application mentioned in subsection 1 and at least 2 commissioners of the county wherein such unorganized territory is located, other than to report to the Commissioner of Environmental Protection that a quorum was not present and to request the commissioner to issue a new notice for another meeting. The purpose of the meeting is to determine a fair and equitable number of trustees, subject to section 1104 , to be elected by and to represent each participating municipality, or in the case of unorganized territory, the residents of the territory within the bounds of the proposed district. When a decision has been reached on the number of trustees and the number to represent each municipality or the residents of the unorganized territory within the bounds of the proposed district, subject to the limitations provided, this decision must be reduced to writing by the secretary and must be approved by a 2/3 vote of those present. Where 2 or more municipalities are or unorganized territory is involved, the vote so reduced to writing and the record of the meeting must be signed by the chair and attested by the secretary and filed with the commissioner. In cases where a single municipality is involved, a copy of the vote of the municipal officers duly attested by the clerk of the municipality must be filed with the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).]

7. Submission. When the record of the municipality or the record of the joint meeting, when municipalities are or unorganized territory is involved, has been received by the Commissioner of Environmental Protection and found by the commissioner to be in order, the commissioner shall order the question of the formation of the proposed sanitary district and other questions relating thereto to be submitted to the legal voters residing within the portion of the municipality, municipalities or unorganized territory that falls within the proposed sanitary district. The order must be directed to the municipal officers of the municipality or municipalities that propose to form said sanitary district, and, when the proposed sanitary district includes or is composed solely of unorganized territory, to the commissioners of the county in which the unorganized territory is located, directing them to forthwith call town meetings, city elections or a meeting of the residents of the unorganized territory within the bounds of the proposed sanitary district, as the case may be, for the purpose of voting in favor of or in opposition to each of the following articles or questions, as they may apply, in substantially the following form: A. To see if the town (or city) of (name of town or city) will vote to incorporate as a sanitary district to be called (name) Sanitary District; [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).] B. To see if the residents of the following described section of the town (or city) of (name of town or city) will vote to incorporate as a sanitary district to be called (name) Sanitary District: (legal description of the bounds of section to be included); [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).] C. To see if the residents of the (following described section of) (name of town or city) (unorganized territory) will vote to join with the residents of the (following described section of) (name of town or city) (unorganized territory) to incorporate as a sanitary district to be called (name) Sanitary District: (legal description of the bounds of the proposed sanitary district, except when district is to be composed of entire municipalities); [PL 1991, c. 548, Pt. A, §30 (AMD).] D. To see if the inhabitants of the following described section of that unorganized territory known as Township (number), Range (number) will vote to incorporate as a sanitary district to be called (name) Sanitary District: (legal description of the bounds of the proposed sanitary district); [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §212 (AMD).] E. To see if the residents of (the above described section of) (name of town or city) will vote to approve the total number of trustees and the allocation of representation among the municipalities (and included section of unorganized territory) on the board of trustees as determined by the municipal officers (and the persons representing the included area of unorganized territory) and listed as follows. The total number of trustees will be (number) and the residents of (the above described section of) (town or city) are entitled to (number) trustees (and the residents of the above described section of unorganized territory are entitled to (number) trustees); and [PL 1991, c. 548, Pt. A, §30 (AMD).] F. To choose (number) trustees to represent the residents of (the above described section) of (town or city) (unorganized territory) on the board of trustees of the (name) Sanitary District. [PL 1971, c. 400, §2 (RPR).] At any such town meeting, city election or election by the residents of the proposed sanitary district, trustees must be chosen to represent the municipality or the unorganized territory within the proposed sanitary district in the manner provided in section 1105 . [PL 1991, c. 548, Pt. A, §30 (AMD).]
38 M.R.S. § 1163 — ME Code / Title 38 / Chapter 11 / Section 1163
38 §1163. Sewer extensions
Status: in_force

1. Assurance. A sanitary district may not construct any sewer extension unless it acquires from the municipal officers or the designee of the municipal officers of any municipality through which the sewer extension will pass written assurance that: A. Any development, lot or unit intended to be served by the sewer extension is in conformity with any adopted municipal plans and ordinances regulating land use; and [PL 1995, c. 636, §1 (RPR).] B. The sewer extension is consistent with adopted municipal plans and ordinances regulating land use. [PL 1995, c. 636, §1 (RPR).] If the municipal officers fail to issue a response to a written request from a district for written assurance within 45 calendar days of receiving the request in writing, the written assurance is deemed granted. Not less than 7 days prior to the meeting at which the trustees will take final action on whether to proceed with the extension, the trustees of the district shall publish notice of the proposed extension in a newspaper having a general circulation that includes all municipalities through which the sewer extension will pass. [PL 1995, c. 636, §1 (RPR).]

2. Appeal. For an intermunicipal sewer extension, when written assurance is denied by municipal officers pursuant to subsection 1 , an aggrieved party may appeal, within 15 days of the decision, to the Department of Agriculture, Conservation and Forestry for a review of the municipal officers' decision. Notwithstanding Title 5, chapter 375, subchapter 4 , the following procedures apply to the review by the Department of Agriculture, Conservation and Forestry. A. The Department of Agriculture, Conservation and Forestry may request any additional information from the sanitary district, the municipality or the department. All information requested by the Department of Agriculture, Conservation and Forestry must be submitted within 30 days of the request, unless an extension is granted by the Department of Agriculture, Conservation and Forestry. [PL 2011, c. 655, Pt. JJ, §38 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] B. Within a reasonable time, the Department of Agriculture, Conservation and Forestry shall hold a hearing. The Department of Agriculture, Conservation and Forestry shall give at least 7 days' written notice of the hearing to the sanitary district, the municipality and the party that requested the hearing. The hearing is informal and the Department of Agriculture, Conservation and Forestry may receive any information it considers necessary. [PL 2011, c. 655, Pt. JJ, §38 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] C. Within 15 days of the hearing and within 60 days of the request for review, the Department of Agriculture, Conservation and Forestry shall make a decision that must include findings of fact on whether the sewer extension proposal is inconsistent with adopted municipal plans and ordinances regulating land use. The decision of the Department of Agriculture, Conservation and Forestry constitutes final agency action. [PL 2011, c. 655, Pt. JJ, §38 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] D. Notwithstanding subsection 1 , if the Department of Agriculture, Conservation and Forestry determines that the sewer extension proposal is not inconsistent with adopted municipal plans and ordinances regulating land use, the Department of Agriculture, Conservation and Forestry shall issue written assurance that the proposal is consistent with adopted municipal plans and ordinances regulating land use, and the sanitary district may construct the sewer extension. [PL 2011, c. 655, Pt. JJ, §38 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2011, c. 655, Pt. JJ, §38 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 963 — ME Code / Title 38 / Chapter 6 / Section 963
38 §963. Variance from performance standards
Status: in_force

1. Variance. A relaxation of the performance standards enacted by this chapter or adopted pursuant thereto may be granted by the commission, after notice and public hearing, upon a finding by the commission that the following provisions are met: A. Application of the performance standard to the land or water area in question will result in undue hardship to the applicant, except that hardship may not be construed to include hardship: (1) Attributable to any act, course of conduct or failure to act of the applicant or the applicant's predecessor in interest beginning with the owner of record on the effective date of this chapter or of a performance standard adopted pursuant to this chapter from which a variance is sought; or (2) That is not unique to the petitioner's land; [PL 2023, c. 405, Pt. A, §140 (AMD).] B. The variance, if granted, will not subvert the intent of this chapter as stated in section 951 or as manifested in the standards from which a variance is sought; and [PL 1979, c. 459, §1 (NEW).] C. The proposed use, if a variance is granted, will not unreasonably interfere with the use and enjoyment of their lands by adjacent landowners, or result in any unreasonable: (1) Degradation of air and water quality; (2) Harmful alteration of wetlands; (3) Increase in erosion or sedimentation; (4) Danger of increased flood damage; (5) Obstruction of flood flow; (6) Damage to fish and wildlife habitat; (7) Despoliation of the scenic, rural and open space character of the corridor; (8) Overcrowding; (9) Excessive noise; (10) Obstructions to navigation; or (11) Interference with the educational, scenic, scientific, historic or archaeological values of those areas designated and approved for inclusion within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).] No variance shall be granted because of other nonconforming uses within a district or because of similar uses in an adjoining district. The burden of proof shall be on the applicant to show entitlement to a variance under this section. The owner of a building lot of record which is wholly within the corridor on March 19, 1974, shall be entitled to a variance for a single family residence which may be granted by the commission without public hearing. Any variance granted by the commission may be granted subject to such reasonable conditions concerning matters enumerated in section 959‑B as the commission finds necessary to avoid the dangers enumerated in section 957‑D . For the purposes of enforcement, variances granted hereunder and the conditions thereto shall be treated as orders of the commission. [PL 2023, c. 405, Pt. A, §140 (AMD).]
38 M.R.S. § 1319 — ME Code / Title 38 / Chapter 13 / Section 1319
38 §1319. Powers of the board
Status: in_force

1. Identification of hazardous matter. A. Any substance designated as hazardous by the United States Environmental Protection Agency in proposed or final regulations under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code, Section 9602, and any substance identified as hazardous waste under section 1319‑O may be identified by rule as hazardous matter by the board. [RR 2021, c. 1, Pt. A, §51 (COR).] B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board. [PL 1979, c. 730, §2 (NEW).] C. Rules adopted under paragraph B shall be submitted to the Joint Standing Committee on Energy and Natural Resources for review. These rules shall become effective after the next regular session of the Legislature only if approved by Joint Resolution. [PL 1979, c. 730, §2 (NEW).] [RR 2021, c. 1, Pt. A, §51 (COR).]

2. Rules. The board shall have authority to adopt rules in order to: A. Prescribe procedures for reporting discharges prohibited by this subchapter; [PL 1979, c. 730, §2 (NEW).] B. Prescribe procedures, methods, means and equipment to be used in the removal of discharges of hazardous matter; and [PL 1979, c. 730, §2 (NEW).] C. Exempt types or methods of discharges of hazardous matter from the requirements of this subchapter that the board determines do not present danger, imminent, present or delayed, to the people of the State or to its natural environment. [PL 1999, c. 334, §13 (AMD).] [PL 1999, c. 334, §13 (AMD).]
38 M.R.S. § 452 — ME Code / Title 38 / Chapter 3 / Section 452
38 §452. Forms filed; right of entry; furnishing information
Status: in_force

Persons, firms, corporations, quasi-municipal corporations, municipalities, state agencies and other legal entities shall file with the commissioner information relative to their present method of collection, disposal, composition and volume of all wastes discharged by them into any waters of the State, in a manner and on forms prescribed by the commissioner, within 30 days of receipt of those forms. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §53 (AMD).]
38 M.R.S. § 1862 — ME Code / Title 38 / Chapter 20-A / Section 1862
38 §1862. Program to prevent infestation of and to control invasive aquatic plants
Status: in_force

1. Program. The commissioner and the Commissioner of Inland Fisheries and Wildlife jointly shall implement a program to inspect watercraft, watercraft trailers and outboard motors at or near the border of the State and at boat launching sites for the presence of invasive aquatic plants; to monitor inland waters of the State known to be infested with invasive aquatic plants; and to provide educational materials to the public and to watercraft owners regarding invasive aquatic plants and surface use restrictions on inland waters of the State pursuant to section 1864 . [PL 2025, c. 116, §1 (AMD).]

2. Other inspection stations allowed. The program established under this section also may include inspections at boat launching sites on inland waters that are already infested and at boat launching sites on the inland waters that have been identified as most at risk of introduction of invasive aquatic plants. [PL 2001, c. 434, Pt. A, §7 (NEW).]

3. Informational material to be provided. The program established under this section must provide for the distribution of informational material on invasive aquatic plants, including a guide to identifying those plants, information on how to prevent the spread of those plants and information on the potential environmental impact and other impacts of infestation. [PL 2001, c. 434, Pt. A, §7 (NEW).]

4. Program implementation. During the 2001 boating season, the department and the Department of Inland Fisheries and Wildlife shall spend at least 5,000 person hours inspecting watercraft, watercraft trailers and outboard motors at selected boat launching sites and at no fewer than 10 roadside locations at or near the state border. In 2001, the program established under this section also must include an extensive educational effort involving a variety of media with the goal of informing the public of the risks posed by invasive aquatic plants, how to inspect watercraft, watercraft trailers and outboard motors for the presence of invasive aquatic plant material and how to properly dispose of that material. The program also must include other invasive aquatic plant-related inspection or educational efforts considered appropriate by the commissioner and the Commissioner of Inland Fisheries and Wildlife. The program in 2002 and subsequent years must be at a level of effort determined by the commissioner and the Commissioner of Inland Fisheries and Wildlife in consultation with the Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, as established in section 1871 . The program must include a review of watercraft inspection protocols and surface use restrictions on inland waters of the State known to be infested with invasive aquatic plants pursuant to section 1864 . [PL 2025, c. 116, §2 (AMD).]

5. Report. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall submit a report detailing program activities to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters by January 15th annually. The committee may report out a bill based on the report to any regular or special session of the Legislature. [PL 2025, c. 116, §3 (NEW).]
38 M.R.S. § 720 — ME Code / Title 38 / Chapter 5 / Section 720
38 §720. Tenants may make offers
Status: in_force

Such offers may be made by or to the tenants or occupants of the land, and of the mill and dam, or canal, in like manner and with like effect as if made by or to the owners; but no agreements founded thereon bind the owners, unless made by their consent.
38 M.R.S. § 546-B — ME Code / Title 38 / Chapter 3 / Section 546-B
38 §546-B. Sensitive area identification and protection
Status: in_force

1. Sensitive area identification and data management. The commissioner, in consultation with 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 other appropriate agencies and organizations, both public and private, shall assess the nature and extent of sensitive areas and resources in the marine environment that may be threatened by oil spills and develop a system to collect and maintain the necessary data. The commissioner shall ensure that the duplication of effort among agencies and creation of incompatible data and databases are minimized. [PL 2011, c. 655, Pt. KK, §28 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]

2. Protection priorities. [PL 1991, c. 698, §9 (RP).]

3. Use of state geographic information system. The system developed pursuant to subsection 1 must be based on the state geographic information system to the maximum extent practicable. The commissioner is responsible for the design, implementation and execution of the marine oil spill prevention, planning and response system. The commissioner shall specify the format and types of data to be compiled by other agencies with money supplied by the fund. The format and digital conversion of the data must comply with standards developed by the state geographic information system and data must be added to that system's data base. The state geographic information system must provide technical assistance and serve as the final repository for final geographic information system data. Any persons employed for sensitive area mapping and supported by money from the fund must be involved in the digitization, quality assurance and control and training for sensitive area mapping. Development must proceed in 3 phases as follows: A. A pilot project for Casco Bay to be completed by December 31, 1991; [PL 1991, c. 454, §6 (NEW).] B. The Penobscot River and Penobscot Bay area to be completed in 1992; and [PL 1991, c. 454, §6 (NEW).] C. The remainder of the coastline to be completed in 1993. [PL 1991, c. 454, §6 (NEW).] [PL 1991, c. 454, §6 (NEW).]
38 M.R.S. § 931 — ME Code / Title 38 / Chapter 5 / Section 931
38 §931. Creation; right to flow land; damages
Status: in_force

Any person, firm or corporation which may be entitled to the rights and benefits provided for in this chapter is authorized and empowered to build, maintain and operate dams and other necessary works and structures, including side dams, embankments, ditches and drains, on lands owned or leased by them for the purpose of creating and maintaining water storage reservoirs or basins; to raise the level of the waters in such storage reservoirs or basins by augmenting the supply of stored water from sources other than the natural drainage area by means of pumping or otherwise; to retain and discharge said stored water; to build, maintain and operate pipes, conduits, penstocks, tunnels and canals for the purpose of augmenting and discharging said stored water for use by such persons, firms or corporations for working their water mill or mills. Such persons, firms or corporations are authorized and empowered to flow such lands as may be necessary to carry out the purposes of this section, and damages caused by the flowing of such lands by means of said dams, other works and structures shall be ascertained and determined in the manner as prescribed in this chapter.
38 M.R.S. § 501 — ME Code / Title 38 / Chapter 3 / Section 501
38 §501. Effective date -- Article XI
Status: in_force

This compact shall become effective immediately upon the adoption of the compact by any 2 contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall become effective as to those states.
38 M.R.S. § 1201 — ME Code / Title 38 / Chapter 11 / Section 1201
38 §1201. Bonds and notes
Status: in_force

1. Authorization of bonds. Any sanitary district formed under this chapter may provide by resolution of its board of trustees, without district vote, except as provided in subsection 10 , for the borrowing of money and the issuance from time to time of bonds for any of its corporate purposes, including, but not limited to: A. Paying and refunding its indebtedness; [PL 1979, c. 696, §1 (NEW).] B. Paying any necessary expenses and liabilities incurred under this chapter, including organizational and other necessary expenses and liabilities, whether incurred by the district or any municipality therein or any person residing in unorganized territory encompassed by the district, the district being authorized to reimburse any municipality therein or any person residing in unorganized territory encompassed by the district for any such expenses incurred or paid by it or the person; [RR 2021, c. 2, Pt. B, §277 (COR).] C. Paying costs directly or indirectly associated with acquiring properties, paying damages, laying sewers, drains and conduits, constructing, maintaining and operating sewage and treatment plants, or systems, and making renewals, additions, extensions and improvements to the same, and to cover interest payments during the period of construction and for such period thereafter as the trustees may determine; [PL 1985, c. 506, Pt. B, §35 (AMD).] D. Providing such reserves for debt service, repairs and replacements or other capital or current expenses as may be required by a trust agreement or resolution securing bonds; and [PL 1979, c. 696, §1 (NEW).] E. Any combination of these purposes. [PL 1979, c. 696, §1 (NEW).] Bonds may be issued under this chapter as general obligations of the district or as special obligations payable solely from particular funds. The principal of, premium, if any, and interest on all bonds shall be payable solely from the funds provided for that purpose from revenues. For purposes of this chapter, the term "revenues" means and includes the proceeds of bonds, all revenues, rates, fees, entrance charges, assessments, rents and other receipts derived by the district from the operation of its sewer system and other properties, including, but not limited to, investment earnings and the proceeds of insurance, condemnation, sale or other disposition of properties. All bonds issued by a district under this chapter shall be legal obligations of the district, and all districts formed under this chapter are declared to be quasi-municipal corporations within the meaning of Title 30‑A, section 5701 . Bonds may be issued under this chapter without obtaining the consent of any commission, board, bureau or agency of the State or of any municipality encompassed by the district, and without any other proceedings or the happening of other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter. Bonds issued under this chapter do not constitute a debt or liability of the State or of any municipality encompassed by the district or a pledge of the faith and credit of the State or any such municipality, but the bonds shall be payable solely from the funds provided for that purpose, and a statement to that effect shall be recited on the face of the bonds. [RR 2021, c. 2, Pt. B, §277 (COR).]

2. Notes. Any sanitary district formed under this chapter may also provide by resolution of its board of trustees, without district vote, for the issuance from time to time of notes in anticipation of bonds authorized under this chapter and of notes in anticipation of the revenues to be collected or received in any year or in anticipation of the receipt of federal or state grants or other aid. The issue of these notes shall be governed by the applicable provisions of this chapter relating to the issue of bonds, provided that notes in anticipation of revenue must mature no later than one year from their respective dates and notes issued in anticipation of federal or state grants or other aid and renewals thereof must mature no later than the expected date of receipt of those grants or aid. Notes in anticipation of revenue issued to mature less than one year from their dates may be renewed from time to time by the issue of other notes, provided that the period from the date of an original note to the maturity of any note issued to renew or pay the same or the interest thereon may not exceed one year. Any such district is authorized and empowered to enter into agreements with the State or the United States, or any agency of either, or any municipality, corporation, commission or board authorized to grant or loan money to or otherwise assist in the financing of projects of the type which that district is authorized to carry out, and to accept grants and borrow money from any such government, agency, municipality, corporation, commission or board as may be necessary or desirable to accomplish the purposes of the district. [PL 1979, c. 696, §1 (NEW).]

3. Maturity; interest; form; temporary bonds. The bonds issued under this chapter must be dated, must mature no later than 40 years from their date or dates and must bear interest at such rate or rates as may be determined by the board of trustees, and may be made redeemable before maturity, at the option of the district, at such price or prices and under such terms and conditions as may be fixed by the board of trustees prior to the issuance of the bonds. The board of trustees shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the State. Bonds must be executed in the name of the district by the manual or facsimile signature of such officer or officers as may be authorized in the resolution to execute the bonds, but at least one signature on each bond must be a manual signature. Coupons, if any, attached to the bonds must be executed with the facsimile signature of the officer or officers of the district designated in the resolution. In case any officer whose signature or a fascimile of whose signature appears on any bonds or coupons ceases to be such officer before the delivery of the bonds, the signature or its facsimile is nevertheless valid and sufficient for all purposes as if the officer had remained in office until the delivery. Notwithstanding any of the other provisions of this chapter or any recitals in any bonds issued under this chapter, all such bonds are deemed to be negotiable instruments under the laws of this State. The bonds may be issued in coupon or registered form, or both, as the board of trustees may determine, and provision may be made for the registration of any coupon bonds as to principal alone and as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The board of trustees may sell such bonds in such manner, either at public or private sale, and for such price as they may determine to be for the best interests of the district. The proceeds of the bonds of each issue must be used solely for the purpose for which those bonds have been authorized, and must be disbursed in such manner and under such restrictions, if any, as the board of trustees may provide in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds. The resolution providing for the issuance of bonds, and any trust agreement securing the bonds, may contain such limitations upon the issuance of additional bonds as the board of trustees may consider proper, and these additional bonds must be issued under such restrictions and limitations as may be prescribed by that resolution or trust agreement. Prior to the preparation of definitive bonds, the board of trustees may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when those bonds are executed and are available for delivery. The board of trustees may provide for the replacement of any bond that is mutilated, destroyed or lost. [RR 2021, c. 2, Pt. B, §278 (COR).]

4. Pledges and covenants, trust agreement. In the discretion of the board of trustees of any district, each or any issue of bonds may be secured by a trust agreement by and between the district and a corporate trustee, which may be any trust company within or without the State. The resolution authorizing the issuance of the bonds or the trust agreement may pledge or assign, in whole or in part, the revenues and other moneys held or to be received by the district and any accounts and contract or other rights to receive the same, whether then existing or thereafter coming into existence and whether then held or thereafter acquired by the district, and the proceeds thereof, but may not convey or mortgage the sewer system or any other properties of the district. The resolution may also contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including, but not limited to, covenants setting forth the duties of the district and the board of trustees in relation to the acquisition, construction, reconstruction, improvement, repair, maintenance, operation and insurance of its sewer system or any of its other properties, the fixing and revising of rates, fees and charges, the application of the proceeds of bonds, the custody, safeguarding and application of revenues, defining defaults and providing for remedies in the event thereof, which may include the acceleration of maturities, the establishment of reserves and the making and amending of contracts. The resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition, the resolution or trust agreement may contain such other provisions as the board of trustees may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the resolution or trust agreement may be treated as a part of the cost of operation. The pledge by any such resolution or trust agreement is valid and binding and is deemed continuously perfected for the purposes of the Uniform Commercial Code from the time when the pledge is made. All revenues, moneys, rights and proceeds so pledged and thereafter received by the district are immediately subject to the lien of the pledge without any physical delivery or segregation thereof or further action under the Uniform Commercial Code or otherwise, and the lien of the pledge is valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the district irrespective of whether those parties have notice thereof. The resolution authorizing the issuance of bonds under this chapter, or any trust agreement securing those bonds, may provide that all or a sufficient amount of revenues, after providing for the payment of the cost of repair, maintenance and operation and reserves therefor as may be provided in the resolution or trust agreement, must be set aside at such regular intervals as may be provided in the resolution or trust agreement and deposited in the credit of a fund for the payment of the interest on and the principal of bonds issued under this chapter as the same become due, and the redemption price or purchase price of bonds retired by call or purchase. The use and disposition of moneys to the credit of the fund are subject to such regulations as may be provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds and, except as may otherwise be provided in the resolution or trust agreement, the fund is a fund for the benefit of all bonds without distinction or priority of one over another. [RR 2013, c. 2, §52 (COR).]

5. Trust funds. Notwithstanding any other law, all moneys received pursuant to the authority of this chapter shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The resolution authorizing the issuance of bonds or the trust agreement securing the bonds shall provide that any officer to whom, or bank, trust company or other fiscal agent to which, those moneys shall be paid shall act as trustee of those moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as may be provided in the resolution or trust agreement or as may be required by this chapter. [PL 1979, c. 696, §1 (NEW).]

6. Remedies. Any holder of bonds issued under this chapter or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given may be restricted by the resolution authorizing the issuance of those bonds or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceeding, including proceedings for the appointment of a receiver to take possession and control of the properties of the district, protect and enforce any and all rights under the laws of the State or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the district or by any officer thereof, including the fixing, charging and collecting of rates, fees and charges for the use of or for the services and facilities furnished by the district. [PL 1979, c. 696, §1 (NEW).]

7. Refunding bonds. Any sanitary district formed under this chapter by resolution of its board of trustees, without district vote, may issue refunding bonds for the purpose of paying any of its bonds at maturity or upon acceleration or redemption. The refunding bonds may be issued at such time prior to the maturity or redemption of the refunded bonds as the board of trustees deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium thereon, any interest accrued or to accrue to the date of payment of such bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by a trust agreement or resolution securing bonds. The issue of refunding bonds, the maturities and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties and obligations of the district in respect of the same shall be governed by the applicable provisions of this chapter relating to the issue of bonds other than refunding bonds. [PL 1979, c. 696, §1 (NEW).]

8. Tax exemption. All bonds, notes or other evidences of indebtedness issued under this chapter, and their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the State. [PL 1979, c. 696, §1 (NEW).]

9. Bonds declared legal investments. Bonds and notes issued by any district under this chapter are made securities in which all public officers and public bodies of the State and its political subdivisions, all insurance companies and associations and other persons carrying on an insurance business, trust companies, banks, bankers, banking associations, savings banks and savings associations, including savings and loan associations, credit unions, building and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, pension, profit-sharing, retirement funds and other persons carrying on a banking business, and all other persons who are now or may hereafter be, authorized to invest in bonds or other obligations of the State, may properly and legally invest funds, including capital in their control or belonging to them. The bonds and notes are made securities which may properly and legally be deposited with and received by any state, municipal or public officer, or any agency or political subdivision of the State, for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law. [PL 1979, c. 696, §1 (NEW).]

10. Certain bond issues; notice; special meeting; vote. In the event that the trustees vote to authorize bonds or notes, for any of the corporate purposes of a sanitary district, excluding notes payable within one year, notes in anticipation of bonds authorized pursuant to this section, or notes in anticipation of the revenues to be collected or received in any year or notes in anticipation of the receipt of approved federal or state grants, the authorized amount of which, singly or in the aggregate included in any one financing, is $150,000 or more, the trustees shall call a special district meeting for the purpose of permitting the collection of testimony from the public concerning the purpose and the amount of debt so authorized. Notice of the special district meeting, stating the approximate amount of the debt and the purpose for which it is being issued, shall be published not less than 7 full days prior to the date of the meeting in a newspaper having general circulation in the district and shall be mailed to each ratepayer in the district not later than the date of the publication. No debt may be incurred under the vote of the trustees until the expiration of 7 full days following the date of the special district meeting. [PL 1983, c. 684 (RPR).]

Except for debt to fund that part of any project which has been approved for grant financing by the State Government or Federal Government to meet the requirements of the United States Clean Water Act, United States Code, Title 33, Section 1251 et seq., including any related facilities not eligible for that financing but essential to the operation of the approved project as an integral system, for debts in excess of the amount specified in this section, the following petition and referendum procedure shall apply. If, on or before the 7th day following the date of the special district meeting a petition signed by at least 5%, but not less than 50, of the registered voters of the district is filed with the clerk of the district requesting reference of the vote of the trustees to referendum, the clerk of the district shall call and hold a special election of the voters of the district for the purpose of submitting to referendum vote a question of approving the vote of the trustees. The vote of the trustees shall be suspended until it has received approval by vote of a majority of the voters of the district voting on the question at the special election. [PL 1983, c. 684 (RPR).]
38 M.R.S. § 1771 — ME Code / Title 38 / Chapter 18 / Section 1771
38 §1771. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 516, §1 (NEW).]

1. Brand. "Brand" means a name, symbol, word or mark that identifies a product, rather than its components, and attributes the product to the owner of the brand. [PL 2009, c. 516, §1 (NEW).]

1-A. Covered entity. "Covered entity" means a household in this State, a business or nonprofit organization in this State exempt from taxation under the United States Internal Revenue Code of 1986, Section 501(c)(3) that employs 100 or fewer individuals, an elementary school in this State or a secondary school in this State. [PL 2013, c. 315, §3 (NEW).]

2. Producer. "Producer" means a person that: A. Has legal ownership of the brand of a product sold in or into the State; [PL 2009, c. 516, §1 (NEW).] B. Imports a product branded by a person that meets the requirements of paragraph A and has no physical presence in the United States; or [PL 2009, c. 516, §1 (NEW).] C. Sells a product in the State at wholesale or retail, does not have legal ownership of the brand of the product and elects to fulfill the responsibilities of the producer for that product. [PL 2009, c. 516, §1 (NEW).] [PL 2009, c. 516, §1 (NEW).]

3. Product. "Product" means an item intended for sale within the State that is identified pursuant to section 1772 as appropriate for a product stewardship program. [PL 2009, c. 516, §1 (NEW).]

4. Product category. "Product category" means a group of similar products designated pursuant to section 1772 for the purpose of establishing product stewardship programs. [PL 2009, c. 516, §1 (NEW).]

5. Product stewardship. "Product stewardship" means a producer's taking responsibility for managing and reducing the life-cycle impacts of the producer's product, from product design to end-of-life management. [PL 2009, c. 516, §1 (NEW).]

6. Product stewardship program. "Product stewardship program" means a program financed and either managed or provided by producers individually or collectively that includes, but is not limited to, the collection, transportation, reuse and recycling or disposal, or both, of unwanted products. "Product stewardship program" includes a program financed through an assessment paid by the producers to a stewardship organization. [PL 2011, c. 206, §33 (AMD).]

6-A. Proprietary information. "Proprietary information" means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. [PL 2019, c. 227, §1 (NEW).]

7. Recycling. "Recycling" means the transforming or remanufacturing of an unwanted product or the unwanted product's components and by-products into usable or marketable materials. "Recycling" does not include landfill disposal, incineration or energy recovery or energy generation by means of combusting unwanted products, components and by-products with or without other waste. [PL 2009, c. 516, §1 (NEW).]

8. Reuse. "Reuse" means a change in ownership of a product or component in a product for use in the same manner and purpose for which it was originally produced. [PL 2009, c. 516, §1 (NEW).]

8-A. Stewardship organization. "Stewardship organization" means a corporation, nonprofit organization or other legal entity created by a producer or group of producers to implement a product stewardship program. [PL 2011, c. 206, §34 (NEW).]

9. Unwanted product. "Unwanted product" means a product that is no longer wanted by its owner or that has been abandoned or discarded or is intended to be discarded by its owner. [PL 2009, c. 516, §1 (NEW).]
38 M.R.S. § 583 — ME Code / Title 38 / Chapter 4 / Section 583
38 §583. Establishment of air quality regions
Status: in_force

The board may establish reasonable air quality regions within the State for the purposes of conducting air quality studies, and establishing reasonable ambient air quality standards and emission standards therein. [PL 1975, c. 618, §12 (AMD).]

The following air quality regions, established by the board are adopted: [PL 1975, c. 618, §12 (AMD).]

1. Metropolitan Portland Air Quality Region. The Metropolitan Portland Air Quality Region shall consist of the Counties of York, Cumberland, Sagadahoc and the municipalities of Brownfield, Denmark, Fryeburg, Hiram and Porter in the County of Oxford. [PL 1971, c. 346 (NEW).]

1-A. Portland Peninsula Air Quality Region. The Portland Peninsula Air Quality Region shall consist of that section of the City of Portland bordered on the west by Interstate 295, on the south and east by the Fore River and on the north by Casco Bay and the inlet to Back Bay. [PL 1985, c. 746, §25 (AMD).]

2. Central Maine Air Quality Region. The Central Maine Air Quality Region shall consist of the Counties of Androscoggin, Kennebec, Knox, Lincoln and Waldo; of the municipalities of New Portland, Embden, Solon, Athens, Harmony, Cambridge, Ripley and all other municipalities in Somerset County to the south of these; of the municipalities and unorganized territory of Township No. 6, Phillips, Salem Township, Freeman Township and all other municipalities and unorganized territory in Franklin County to the south of these; and of the municipalities and unorganized territory of Stow, Batchelder, Grant, Gilead, Riley T.A. No. 1, Grafton T.A. No. 2, Andover North Surplus, Byron and all other municipalities in Oxford County to the south and east of these with the exception of those municipalities within the Metropolitan Portland Air Quality Region. [PL 1971, c. 346 (NEW).]

3. Downeast Air Quality Region. The Downeast Air Quality Region shall consist of the Counties of Hancock and Washington; of the municipality of Stacyville, the unorganized territory of T.3, R.7, W.E.L.S., T.3, R.8, W.E.L.S. and all other municipalities and unorganized territory in Penobscot County to the south of these; and of the municipalities and unorganized territory of Blanchard Plantation, Monson, Willimantic, Bowerbank, Barnard Plantation, T.6, R.8, W.E.L.S. (Williamsburg Township), Brownville, Lake View Plantation and all other municipalities and unorganized territory in Piscataquis County to the south of these. [PL 1971, c. 346 (NEW).]

4. Aroostook Air Quality Region. The Aroostook Air Quality Region shall consist of all municipalities and unorganized territory in Aroostook County not included within the Northwest Air Quality Region. [PL 1971, c. 346 (NEW).]

5. Northwest Maine Air Quality Region. The Northwest Maine Air Quality Region shall consist of the municipality of Upton, the unorganized territory of C Surplus Township, C Township and all other municipalities and unorganized territory in Oxford County to the north of these; the municipalities and unorganized territory of D Township, E Township, Madrid, T.4, R.1, B.K.P., W.K.R., Kingfield and all other municipalities and unorganized territory in Franklin County to the north of these; of the municipalities and unorganized territory of Lexington Plantation, Concord Township, Bingham, Brighton Plantation and all other municipalities and unorganized territory in Somerset County to the north of these; of the municipalities and unorganized territory of Shirley, Elliottsville Plantation, T.7, R.9, W.E.L.S., T.6, R.9, W.E.L.S. (Katahdin Iron Works), T.5, R.9, W.E.L.S., T.4, R.9, W.E.L.S. and all municipalities and unorganized territory in Piscataquis County to the north of these; of the municipality of Patten, the unorganized territory of T.4, R.7, W.E.L.S., T.4, R.8, W.E.L.S., and all other municipalities and unorganized territory in Penobscot County to the north of these; and the municipality of St. Francis, the unorganized territory of T.16, R.9, W.E.L.S., T.15, R.9, W.E.L.S., T.14, R.9, W.E.L.S., T.13, R.9, W.E.L.S., T.12, R.9, W.E.L.S., T.11, R.9, W.E.L.S., and all other municipalities and unorganized territory in Aroostook County to the west of these. [PL 1971, c. 346 (NEW).]