38 M.R.S. § 1292 — ME Code / Title 38 / Chapter 12-B / Section 1292
38 §1292. Prohibitions
Status: in_force

1. License or certificate required for residential lead-based paint activities. A person may not engage in any residential lead-based paint activities in the State unless licensed or certified pursuant to this chapter. [PL 1997, c. 375, §14 (NEW).]

2. License or certificate required for lead-based paint activities in public buildings, commercial buildings and superstructures. After the effective date of rules adopted by the department pursuant to section 1295 for licensing and certification to conduct lead-based paint activities in public buildings, commercial buildings and superstructures, a person may not engage in any lead-based paint activities in the State unless licensed or certified pursuant to this chapter. [PL 1997, c. 375, §14 (NEW).]

3. Notification required. A person may not engage in any residential lead abatement activity unless that person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust. After the effective date of rules adopted by the department pursuant to section 1295 for notification of lead abatement activities in public buildings, commercial buildings and superstructures, a person may not engage in those lead abatement activities unless the person notifies the commissioner in writing at least 5 working days before beginning any on-site work, including on-site preparation work, that has the potential to create lead dust. [PL 1997, c. 375, §14 (NEW).]

4. Work practices. All residential lead-based paint activities must be conducted in accordance with work practice standards adopted by rule pursuant to this chapter. After the effective date of rules adopted by the department pursuant to section 1295 for work practices pertaining to lead-based paint activities in public buildings, commercial buildings and superstructures, those lead-based paint activities must be conducted in accordance with the applicable work practice standards adopted by rule. [PL 1997, c. 375, §14 (NEW).]

5. Exemption. A person who is 18 years of age or older need not obtain licensing and certification to perform lead abatement activities within a residential dwelling unit that the person owns and personally occupies, as long as a child residing in the dwelling unit has not been identified as lead-poisoned. [PL 2023, c. 28, §2 (AMD).]
38 M.R.S. § 533 — ME Code / Title 38 / Chapter 3 / Section 533
38 §533. -- compensation
Status: in_force

The commissioners shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties.
38 M.R.S. § 480-S — ME Code / Title 38 / Chapter 3 / Section 480-S
38 §480-S. Fee for significant wildlife habitat review
Status: in_force

The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications regarding significant wildlife habitats in the same manner as provided for other fees in section 352 . The maximum fees are $150 for processing and $50 for a license. All fees must be credited to the Maine Environmental Protection Fund established in section 351 . [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §83 (AMD).]
38 M.R.S. § 1233 — ME Code / Title 38 / Chapter 11-A / Section 1233
38 §1233. Municipal system; transfer of assets to district
Status: in_force

A municipality that, pursuant to Title 30‑A, section 5403, subsection 14 or any other authority, including home rule authority, has constructed a sewer system that is composed of one or more subsurface wastewater collection, treatment and disposal systems shall, after the establishment of a district pursuant to this section to serve the area where that sewer system is located, sell, transfer and convey to the district by appropriate instruments, and the district shall acquire, all properties, assets, rights and privileges identified by the municipality as related to that sewer system in consideration of the assumption by the district of any outstanding debts, obligations and liabilities identified by the municipality as related to that sewer system, including, without limitation, any outstanding notes or bonds identified by the municipality as related to that sewer system that are due on or after the date of the transfer of the sewer system. If any debts, obligations, notes or bonds identified by the municipality are not assumable, the district is obligated for their repayment. The municipality shall identify to the board in the application submitted pursuant to section 1101 all properties, assets, rights, privileges, debts, obligations and liabilities related to the sewer system that are required to be transferred to or assumed by the district under this section. [PL 2005, c. 556, §4 (NEW).]

The municipality and the district by mutual agreement may arrange for the transfer of any other assets or liabilities that the municipality and the district determine necessary or appropriate to allow the district efficiently and effectively to carry out its purposes under this chapter. [PL 2005, c. 556, §4 (NEW).]
38 M.R.S. § 1368 — ME Code / Title 38 / Chapter 13-B / Section 1368
38 §1368. Emergency
Status: in_force

Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor. The Governor may declare an emergency and, in addition to whatever action is necessary and available to the Governor under law, may authorize the Commissioner of Environmental Protection in conjunction with the Commissioner of Public Safety to: [RR 2021, c. 2, Pt. B, §288 (COR).]

1. Take control. Take control of the uncontrolled site and threatened adjacent areas; [PL 1983, c. 569, §1 (NEW).]

2. Secure. Secure the uncontrolled site; [PL 1983, c. 569, §1 (NEW).]

3. Eject. Eject all persons from the uncontrolled site; [PL 1983, c. 569, §1 (NEW).]

4. Dispose, treat, store or handle. Dispose, treat, store or otherwise handle all hazardous substances located on the uncontrolled site, including soil and water contaminated by hazardous substances; and [PL 1983, c. 569, §1 (NEW).]

5. Take action. Take whatever other action is deemed necessary to abate, clean up or mitigate the threat or hazard posed by the uncontrolled site. [PL 1983, c. 569, §1 (NEW).]
38 M.R.S. § 492 — ME Code / Title 38 / Chapter 3 / Section 492
38 §492. Creation of commission -- Article II
Status: in_force

The New England Interstate Water Pollution Control Commission, as heretofore created and in this subchapter referred to as the commission, shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.

This State concurs in the conferring of any powers or duties on the New England Interstate Water Pollution Control Commission by other states in addition to those conferred by provision of this compact. [PL 1969, c. 166, §2 (NEW).]

The concurrence is subject to the following limitations: [PL 1969, c. 166, §2 (NEW).]

1. Limitations. Unless this State specifically confers a power or duty on the commission, other than one conferred by the compact itself, no financial or other burden or duties shall be placed upon this State, or any agency, officer or subdivision thereof by reason of the conferring or exercise of the powers or duty. At any time, the Governor, Attorney General or the Treasurer of State shall have the power to make inquiry of the commission and to examine its books and records in order to ascertain the state of compliance with this compact. [PL 1969, c. 166, §2 (NEW).]

2. Rights. The rights, privileges and responsibilities of this State with respect to the New England Interstate Water Pollution Control Compact and the commission established thereby shall not be limited or impaired. [PL 1969, c. 166, §2 (NEW).]

3. Account. The commission shall include in its annual report to the Governor and the Legislature of this State a full account of any additional powers or duties administered by it. [PL 1969, c. 166, §2 (NEW).]
38 M.R.S. § 343-F — ME Code / Title 38 / Chapter 2 / Section 343-F
38 §343-F. Reporting and disclosure requirements
Status: in_force

An environmental professional who obtains analytical information indicating a discharge or release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products at a site, at levels that, in that professional's best professional judgment, require removal or remedial action to prevent significant threats to public health or the environment shall advise that professional's client of that information. [PL 1993, c. 355, §5 (NEW).]

If the client of the environmental professional is not the owner or operator of the site, the client shall disclose the analytical information to the owner or operator of the site. Upon receipt of that information, the owner or operator shall submit this information to the commissioner within a reasonable time period unless the time period is otherwise prescribed by law. This section does not affect the legal protections afforded to confidential business information or other privileges, if any, that may be applicable. If the client makes a disclosure and the owner or operator does not submit this information to the commissioner, the client and the environmental professional may not be held liable for the owner's or the operator's failure to disclose. [PL 1993, c. 355, §5 (NEW).]

An applicant or permit holder who directly or indirectly retains an environmental professional for the purpose of providing information to the department shall disclose to the department if the environmental professional has a direct or indirect financial interest in the applicant, the permit holder or the property or activity that is the subject of the permit. [PL 2007, c. 399, §8 (NEW).]
38 M.R.S. § 3 — ME Code / Title 38 / Chapter 1 / Section 3
38 §3. Mooring sites
Status: in_force

In all harbors wherein channel lines have been established by the municipal officers, as provided in section 2 , and in all other coastal and tidal waters, harbors and great ponds where mooring rights of individuals are claimed to be invaded and protection is sought of the harbor master, the harbor master shall assign and indicate only to the masters or owners of boats and vessels the location that they may occupy for mooring purposes and shall change the location of those moorings from time to time when the crowded condition of that harbor or great pond, the need to conform to section 7‑A or other conditions render the change desirable. [PL 1991, c. 838, §16 (AMD).]

Unless permitted by an ordinance adopted under section 3‑A , mooring assignments may not be transferred. Assignments may not be rented unless the provision for rental was part of the agreement when the mooring was assigned. [PL 1991, c. 685, §1 (AMD).]

Assignment of these mooring privileges does not confer any right, title or interest in submerged or intertidal lands owned by the State. To the extent that there is any inconsistency between this subchapter and any law that establishes or otherwise provides for a port authority, board of harbor commissioners or similar authority for any coastal waters of the State, that inconsistency must be resolved in favor of this subchapter. [PL 2003, c. 660, Pt. A, §23 (AMD).]

Whenever practicable, the harbor master shall assign mooring privileges in those waters where individuals own the shore rights to a parcel of land, are masters or owners of a boat or vessel and are complainants, and shall locate suitable mooring privileges therefor for boats and vessels, temporarily or permanently, as the case may be, fronting their land, if so requested, but not to encroach upon the natural channel or channels established by municipal officers; provided that not more than one mooring may be assigned to any shorefront parcel of land under this privilege. Notwithstanding section 11 , persons who, prior to January 1, 1987, owned shore rights of at least 100 feet of frontage regardless of the size of the lot have mooring privileges assigned according to this section. The limitation of one mooring assigned under this privilege does not prevent the owner of a shorefront parcel from receiving additional mooring assignments under the allocation system for all other residents. [PL 2003, c. 660, Pt. A, §23 (AMD).]

A harbor master may refuse to assign mooring privileges to any vessel or boat owner or master who has not paid any fee, charge for services, forfeiture or penalty levied pursuant to this subchapter. [PL 1987, c. 655, §3 (NEW).]

Municipalities may not charge mooring fees for and do not have jurisdiction over the siting or specifications of structural moorings used to secure aquaculture equipment within the boundaries of a lease site when that site's lease is issued pursuant to Title 12, section 6072 , 6072‑A or 6072‑B . [PL 2003, c. 660, Pt. A, §23 (NEW).]

Municipalities have jurisdiction over boat and vessel moorings within the boundaries of a lease site when that site's lease is issued pursuant to Title 12, section 6072 , 6072‑A or 6072‑B . A municipality may not charge a mooring fee for a boat or vessel within the boundaries of a lease that is inconsistent with that municipality's other mooring fees for commercial vessels. [PL 2003, c. 660, Pt. A, §23 (NEW).]

A harbor master, a code enforcement officer or, in the case of a great pond located in an unorganized territory, a board of county commissioners of the county in which the unorganized territory is located may direct the master or owner of a boat or vessel to remove that person's mooring or floating dock from a great pond if the harbor master, code enforcement officer or the board of county commissioners determines that leaving the mooring or floating dock in during ice-in conditions would create a public safety hazard. [PL 2015, c. 105, §1 (NEW).]
38 M.R.S. § 2177 — ME Code / Title 38 / Chapter 24 / Section 2177
38 §2177. Water supply monitoring and protection
Status: in_force

Upon written request from persons owning land contiguous to a solid waste disposal facility, the bureau shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manner specified by and that meets criteria developed by the department. [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

If a facility adversely affects a public or private water supply by pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the bureau shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer. [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Extent of analysis. Water supplies must be analyzed for all parameters or chemical constituents determined by the commissioner to be indicative of typical contamination from solid waste disposal facilities. The laboratory performing the sampling and analysis shall provide written copies of sample results to the bureau, the landowner and to the commissioner. [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Additional sampling required. If the analysis indicates possible contamination from a solid waste disposal facility, the commissioner shall conduct, or require the bureau to conduct, additional sampling and analysis to determine more precisely the nature, extent and source of contamination. The commissioner shall, if necessary, require this sampling beyond the boundaries of the contiguous property. [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Written notice of rights. On or before December 1, 1989, for permits issued under this chapter prior to October 1, 1989, and at or before the time of permit issuance for permits issued under this chapter after October 1, 1989, the bureau shall provide owners of contiguous land with written notice of their rights under this section on a form prepared by the commissioner. [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 437 — ME Code / Title 38 / Chapter 3 / Section 437
38 §437. Significant river segments identified (REALLOCATED FROM TITLE 12, SECTION 4811-B)
Status: in_force

(REALLOCATED FROM TITLE 12, SECTION 4811-B)

For purposes of this chapter, significant river segments include the following: [PL 1985, c. 481, Pt. A, §25 (RAL).]

1. Aroostook River. The Aroostook River from St. Croix Stream in Masardis to the Masardis and T.10, R.6, W.E.L.S. townline, excluding segments in T.9, R.5, W.E.L.S.; including its tributary the Big Machias River from the Aroostook River in Ashland to the Ashland and Garfield Plantation townlines; [PL 1985, c. 481, Pt. A, §25 (RAL).]

2. Dennys River. The Dennys River from the railroad bridge in Dennysville Station to the dam at Meddybemps Lake, excluding the western shore in Edmunds Township and No. 14 Plantation; [PL 1985, c. 481, Pt. A, §25 (RAL).]

3. East Machias River. The East Machias River from 1/4 of a mile above the Route 1 bridge in East Machias to the East Machias and T.18, E.D., B.P.P. townline, and from the T.19, E.D., B.P.P. and Wesley townline to the outlet of Crawford Lake in Crawford, excluding Hadley Lake; [PL 1985, c. 481, Pt. A, §25 (RAL).]

4. Fish River. The Fish River from the former bridge site at the dead end of Mill Street in Fort Kent Mills to the outlet of Eagle Lake in Wallagrass, and from the Portage Lake and T.14, R.6, townline to the Portage Lake and T.13, R.7, W.E.L.S. townline, excluding Portage Lake; [PL 2007, c. 292, §20 (AMD).]

5. Machias River. The Machias River from the Whitneyville and Machias townline to the Northfield T.19, M.D., B.P.P. townline; [PL 1985, c. 481, Pt. A, §25 (RAL).]

6. Mattawamkeag River. The Mattawamkeag River from the outlet of Mattakeunk Stream in Winn to the Mattawamkeag and Kingman Township townline, and from the Reed Plantation and Bancroft townline to the East Branch, including its tributaries the West Branch from the Mattawamkeag River to the Haynesville T.3, R.3, W.E.L.S. townline and from its inlet into Upper Mattawamkeag Lake to the Route 2 bridge; the East Branch from the Mattawamkeag River to the Haynesville and Forkstown Township townline and from the T.4, R 3, W.E.L.S. and Oakfield townline to Red Bridge in Oakfield; the Fish Stream from the Route 95 bridge in Island Falls to the Crystal-Patten townline; and the Baskehegan Stream from its inlet into Crooked Brook Flowage in Danforth to the Danforth and Brookton Township townline; [PL 1985, c. 481, Pt. A, §25 (RAL).]

7. Narraguagus River. The Narraguagus River from the ice dam above the railroad bridge in Cherryfield to the Beddington and Devereaux Township townline, excluding Beddington Lake; [PL 1985, c. 481, Pt. A, §25 (RAL).]

8. East Branch of Penobscot. The East Branch of the Penobscot from the Route 157 bridge in Medway to the East Millinocket and Grindstone Township townline; [PL 1985, c. 481, Pt. A, §25 (RAL).]

9. Pleasant River. The Pleasant River from the railroad bridge in Columbia Falls to the Columbia and T.18, M.D., B.P.P. townline, and from the T.24, M.D., B.P.P. and Beddington townline to the outlet of Pleasant River Lake; [PL 1985, c. 481, Pt. A, §25 (RAL).]

10. Rapid River. The Rapid River from the Magalloway Plantation and Upton townline to the outlet of Pond in the River; [PL 1985, c. 481, Pt. A, §25 (RAL).]

11. West Branch Pleasant River. The West Branch Pleasant River from the East Branch to the Brownville and Williamsburg Township townline; and [PL 1985, c. 481, Pt. A, §25 (RAL).]

12. West Branch of Union River. The West Branch of the Union River from the Route 9 bridge in Amherst to the outlet of Great Pond in the Town of Great Pond. [PL 1985, c. 481, Pt. A, §25 (RAL).]
38 M.R.S. § 842 — ME Code / Title 38 / Chapter 5 / Section 842
38 §842. Transition provision
Status: in_force

All orders of the State Soil and Water Conservation Commission or the Commissioner of Agriculture, Food and Rural Resources issued under former Title 12, section 304 continue in effect and must be enforced by the commissioner until they expire or are rescinded or amended under this subarticle. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §203 (AMD).]
38 M.R.S. § 1061 — ME Code / Title 38 / Chapter 11 / Section 1061
38 §1061. Short title
Status: in_force

This chapter shall be known and may be cited as the Maine Sanitary District Enabling Act. [PL 1965, c. 310 (NEW).]
38 M.R.S. § 491-A — ME Code / Title 38 / Chapter 3 / Section 491-A
38 §491-A. Reaffirmation of support -- Article I-A
Status: in_force

The State reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality and the quality requirements of water based recreation and other uses, the New England Interstate Water Pollution Control Commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this State first enacted the compact, as may be appropriate. [PL 1969, c. 166, §1 (NEW).]
38 M.R.S. § 3201 — ME Code / Title 38 / Chapter 35 / Section 3201
38 §3201. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

1. High-value agricultural land. "High-value agricultural land" means land that has a high value for agricultural use, as determined in accordance with rules adopted by the Department of Agriculture, Conservation and Forestry, in consultation with the department and the Governor's Energy Office. [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

2. Solar energy development. "Solar energy development" means a development that: A. Uses ground-mounted solar arrays and installations to convert solar energy to electrical energy; [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).] B. Occupies 5 acres or more; and [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).] C. Is wholly or partially located on high-value agricultural land. [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).] [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]
38 M.R.S. § 951 — ME Code / Title 38 / Chapter 6 / Section 951
38 §951. Purpose
Status: in_force

The Legislature finds that the Saco, Ossipee and Little Ossipee Rivers are largely unspoiled by intensive or poorly planned commercial, industrial or residential development; that existing water quality on the inland portions of these rivers is extremely high; that these rivers and their associated wetlands constitute an important present and future source of drinking water; that they support large and diverse aquatic populations; and that they are heavily used for fishing, swimming, canoeing, camping and other forms of outdoor recreation. [PL 1979, c. 459, §1 (NEW).]

The Legislature finds that the wetlands associated with these rivers constitute important water storage areas; that they moderate the flow of these rivers in time of flood and drought; that they replenish the groundwater; and that they provide nutrients and essential habitat for numerous species of fish, migratory birds and other forms of wildlife. [PL 1979, c. 459, §1 (NEW).]

The Legislature finds that the periodic flooding of these rivers contributes to the fertility of the adjacent lands; that the unrestricted flow of water within the floodway in the upper portions of these rivers is an essential factor in limiting the severity of flooding in the lower portions of these rivers; and that because the floodplains are largely undeveloped, the flooding which now occurs results in relatively little loss of life, personal injury and damage to property. [PL 1979, c. 459, §1 (NEW).]

The Legislature finds that these rivers and their adjacent lands possess outstanding scenic and aesthetic qualities and that certain areas along these rivers are of outstanding scenic, historic, archaeological, scientific and educational importance. [PL 1979, c. 459, §1 (NEW).]

The Legislature finds that the towns along these rivers are experiencing rapid population growth and that the rivers themselves are subject to increasing development pressures which threaten to destroy the quality of these rivers and the character of the adjacent lands. [PL 1979, c. 459, §1 (NEW).]

In view of the dangers of intensive and poorly planned development, it is the purpose of this chapter to preserve existing water quality, prevent the diminution of water supplies, to control erosion, to protect fish and wildlife populations, to prevent undue extremes of flood and drought, to limit the loss of life and damage to property from periodic floods; to preserve the scenic, rural and unspoiled character of the lands adjacent to these rivers; to prevent obstructions to navigation; to prevent overcrowding; to avoid the mixture of incompatible uses; to protect those areas of exceptional scenic, historic, archaeological, scientific and educational importance; and to protect the public health, safety and general welfare by creating the Saco River Corridor, established in section 953 , and by regulating the use of land and water within this area. [PL 1989, c. 503, Pt. B, §177 (AMD).]
38 M.R.S. § 1294 — ME Code / Title 38 / Chapter 12-B / Section 1294
38 §1294. Reciprocity agreement
Status: in_force

The commissioner may develop reciprocity agreements with other states and with federally recognized tribes when the states and tribes have established licensing and certification and accreditation requirements that are at least as stringent as those set forth in this chapter. [PL 1997, c. 375, §14 (NEW).]
38 M.R.S. § 1317-A — ME Code / Title 38 / Chapter 13 / Section 1317-A
38 §1317-A. Discharge prohibited
Status: in_force

The discharge of hazardous matter into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air is prohibited unless licensed or authorized under state or federal law. For purposes of this section, the discharge of gaseous hazardous matter into the ambient air includes discharges within buildings or structures from sources that are not encapsulated within secondary containment. The discharge must be reported and removed as provided under section 1318‑B, subsections 1 and 3 . [PL 2005, c. 330, §32 (AMD).]
38 M.R.S. § 2328 — ME Code / Title 38 / Chapter 27 / Section 2328
38 §2328. Exemptions
Status: in_force

The department may exempt classes of facilities and specific uses of priority toxic chemicals by commercial and industrial facilities from the requirements of this chapter if the department determines that no reasonably available safer alternative exists, that the chemical is naturally occurring or that application of this chapter is unlikely to result in the reduction of the use of a priority toxic chemical. [PL 2009, c. 579, Pt. A, §3 (NEW).]

A facility subject to the requirements of this chapter may file an application for an exemption from some or all of the requirements of this chapter on a form developed by the department. The department shall rule on a request for an exemption within 120 days of receipt of an application. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 2161 — ME Code / Title 38 / Chapter 24 / Section 2161
38 §2161. Condemnation proceedings
Status: in_force

At the time the bureau sends the notice in section 2160 , the bureau shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the bureau fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the bureau is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the bureau is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the bureau until payment for the property is made. [PL 2011, c. 655, Pt. GG, §47 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 534 — ME Code / Title 38 / Chapter 3 / Section 534
38 §534. Reservations and limitations
Status: in_force

Notwithstanding any contrary provisions hereinbefore contained, it is hereby specifically provided that

1. Classification. The members representing the State of Maine on the New England Interstate Water Pollution Control Commission shall have no authority to vote in favor of or to commit said State of Maine or any administrative agency thereof or any municipal corporation or administrative agency thereof, or any person, firm or corporation therein, A. To any classification of the interstate waters of the State of Maine or to any standards of water quality appertaining to any such classification, which in any aspect shall impose a higher classification or higher water quality than are established by the laws of the State of Maine for such waters, or B. To any classification and pertinent standards of water quality in respect to such interstate waters of the State of Maine as have not been assigned a classification under the laws of the State of Maine.

2. Prior classifications and standards. No classification of waters or standards of water quality thereto appertaining which shall have been approved by the New England Water Pollution Control Commission prior to August 20, 1955, as established in section 537 , shall be binding upon the State of Maine or any administrative agency thereof or any municipal corporation or administrative agency thereof, or any person, firm or corporation therein, with relation to any interstate waters of the State of Maine.
38 M.R.S. § 2327 — ME Code / Title 38 / Chapter 27 / Section 2327
38 §2327. Penalties
Status: in_force

The owner or operator of a facility subject to the requirements of this chapter that fails to meet any requirement of this chapter is subject to penalties under section 349 . [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 1756 — ME Code / Title 38 / Chapter 17 / Section 1756
38 §1756. District assessments
Status: in_force

Where assessment authority is granted to a district pursuant to section 1755 , the district shall have that assessment power with respect to the member municipalities and any assessments made shall follow these procedures. [PL 1983, c. 820, §2 (NEW).]

1. Warrant. In substantially the same form as a warrant of the Treasurer of State for taxes, the board of directors shall issue its warrants to the assessors of each member municipality requiring them to assess upon the taxable estates within the municipality an amount which is that municipality's share of the district's expenses and costs which are not covered by other revenues of the district, as determined by the board of directors after preparation of the district budget. [PL 1983, c. 820, §2 (NEW).]

2. Commitment. The municipal assessors shall commit the assessment to the municipal constable or collector. Constables and collectors shall have the authority and power to collect the district's taxes as is vested in them by law to collect state, county and municipal taxes. [PL 1983, c. 820, §2 (NEW).]

3. Installments. The board of directors shall notify the member municipalities of the monthly installments and the assessments that will become payable during the fiscal year. [PL 1983, c. 820, §2 (NEW).]

4. Payment. Each member municipality shall pay the amount of the tax assessed in the fiscal year against the municipality to the treasurer of the district. The payments shall be paid in monthly installments on or before the 20th of each month. [PL 1983, c. 820, §2 (NEW).]

5. Enforcement. If a member municipality fails to pay the installment due, or any part, on the dates required, the treasurer of the district may issue a warrant for the amount of the unpaid tax to the county sheriff requiring the sheriff to levy by distress and sale on the real and personal property of any of the inhabitants of the municipality where that default takes place. The sheriff or sheriff's deputies shall execute the warrant. In collecting taxes within member municipalities, the board of directors shall have the same power as county officials for the collection of county taxes under Title 36, chapter 105, subchapter IX . [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 2166 — ME Code / Title 38 / Chapter 24 / Section 2166
38 §2166. Rechargeable consumer products
Status: in_force

1. Nonremoveable battery requirements. A person may not sell, distribute or offer for sale in this State any product powered by a rechargeable battery primarily used or purchased to be used for personal, family or household purposes unless: A. The battery may be easily removed by the consumer or is contained in a battery pack that is separate from the product and may be easily removed; and [PL 1991, c. 808, §2 (NEW).] B. The product, the battery itself and the package containing the product are all labeled, in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable. [PL 1991, c. 808, §2 (NEW).] [PL 1991, c. 808, §2 (NEW).]

2. Exemption. [PL 1995, c. 656, Pt. A, §50 (RP).]

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

4. Penalty. A violation of this section is a civil violation for which a forfeiture of not more than $100 per battery sold, distributed or offered for sale may be adjudged. Each day that a violation continues or exists constitutes a separate offense. [PL 1991, c. 808, §2 (NEW).]
38 M.R.S. § 1024 — ME Code / Title 38 / Chapter 9 / Section 1024
38 §1024. Waters between 2 towns
Status: in_force

In any river or tidewater lying between 2 towns or cities, no such wharf or fish weir described in sections 1022 and 1023 shall be erected without the consent of the municipal officers of both. In no case shall any wharf be extended beyond any wharf lines heretofore legally established.
38 M.R.S. § 490-Y — ME Code / Title 38 / Chapter 3 / Section 490-Y
38 §490-Y. Notice of intent to comply
Status: in_force

Except as provided in section 484‑A , a person intending to create or operate a quarry under this article must file a notice of intent to comply before the total area of excavation of rock or overburden on the parcel exceeds one acre excavated since January 1, 1970. Both reclaimed and unreclaimed areas are added together in determining whether this one-acre threshold is exceeded. A notice filed under this section must be complete, submitted on forms approved by the department and mailed to the municipality where the quarry is located, the department, the Maine Historic Preservation Commission and each abutting property owner. The notice that is mailed to the municipality and each abutting property owner must be sent by certified mail at least 7 days before the notice of intent to comply is filed with the regulator. The notice that is mailed to the department must be sent by certified mail, return receipt requested. Upon receiving the postal receipt, the owner or operator may commence operation of the quarry. The municipality where the proposed quarry is located may submit comments to the department if the proposed quarry may pose an unreasonable adverse impact under the standards in section 490‑Z . Within 30 days of receipt of the notice of intent to comply, the department shall respond to the comments made by the municipality. Abutting property owners, the Maine Historic Preservation Commission or other interested persons may submit comments directly to the department. [PL 2017, c. 137, Pt. A, §11 (AMD).]

A notice of intent to comply is not complete unless it includes the following: [PL 1995, c. 700, §35 (NEW).]

1. Name, address and telephone number. The name, mailing address and telephone number of the owner of the quarry and, if different from the owner, the operator of the quarry; [PL 1995, c. 700, §35 (NEW).]

2. Map and site plan. A location map and site plan drawn to scale showing property boundaries, stockpile areas, existing reclaimed and unreclaimed lands, proposed maximum acreage of all affected lands, all applicable private drinking water supplies or public drinking water sources and all existing or proposed solid waste disposal areas; [PL 1995, c. 700, §35 (NEW).]

3. Parcel description. A description of the parcel including size and deed description; [PL 1995, c. 700, §35 (NEW).]

4. Legal interest. A copy of the lease or other document showing that an operator who is not the owner has a legal right to excavate on the property. Stumpage information does not have to be shown; [PL 1995, c. 700, §35 (NEW).]

5. Information on abutters. The names and addresses of abutting property owners; [PL 1995, c. 700, §35 (NEW).]

6. Signed statement. A statement signed and dated by the owner or operator certifying that the quarry will be operated in compliance with this article; and [PL 1995, c. 700, §35 (NEW).]

7. Fees. A fee paid to the department as provided by section 490‑EE . [PL 1995, c. 700, §35 (NEW).]

If the department determines that a notice filed under this section is not complete, the department must notify the owner or operator no later than 45 days after receiving the notice. [PL 1995, c. 700, §35 (NEW).]
38 M.R.S. § 1027 — ME Code / Title 38 / Chapter 9 / Section 1027
38 §1027. Exemptions
Status: in_force

Weir fishing for alewives is exempt from the provisions of this chapter. [PL 1985, c. 97, §2 (NEW).]
38 M.R.S. § 1737 — ME Code / Title 38 / Chapter 17 / Section 1737
38 §1737. Rules
Status: in_force

The directors may from time to time adopt rules to regulate the handling, collection, transportation, resource conservation, resource recovery and disposal of solid waste within the district. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 414-B — ME Code / Title 38 / Chapter 3 / Section 414-B
38 §414-B. Publicly owned treatment works
Status: in_force

1. Definition. [PL 2017, c. 353, §2 (RP).]

2. Pretreatment standards. The department may establish pretreatment standards for the introduction into publicly owned treatment works of pollutants that interfere with, pass through or otherwise are incompatible with those treatment works. In addition, the department may establish pretreatment standards for designated toxic pollutants that may be introduced into a publicly owned treatment works. In order to assume and properly administer the authority to issue and enforce permits under the Federal Water Pollution Control Act, the department may adopt rules as necessary, provided that the rules comply with the Federal Water Pollution Control Act or 40 Code of Federal Regulations, Part 403. The department may require that any license for a discharge from a publicly owned treatment works include conditions to require the identification of pollutants, in terms of character and volume, from any significant source introducing pollutants subject to pretreatment standards, and to assure compliance with these pretreatment standards by each of these sources. [PL 1997, c. 794, Pt. A, §26 (AMD).]

2-A. Prohibited discharge through publicly owned treatment works. The discharge to a publicly owned treatment works of any pollutant that interferes with, passes through or otherwise is incompatible with these works, or that is a designated toxic pollutant, is prohibited unless in compliance with pretreatment standards established for the applicable class or category of discharge. Violation of the terms and conditions of local pretreatment regulations or a user contract, permit or similar agreement between an industrial user and the owner of a publicly owned treatment works is prohibited. A violation may be enforced by the State or the owner of the treatment works or through joint action. [PL 1997, c. 794, Pt. A, §27 (AMD).]

3. User charges. The department may impose as a condition in any license for the discharge of pollutants from publicly owned treatment works appropriate measures to establish and insure compliance by users of such treatment works with any system of user charges required by state or federal law or regulations promulgated thereunder. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §32 (AMD).]

4. Acceptance of wastewater. Municipal and quasi-municipal wastewater treatment facilities constructed wholly or in part with funding allocated pursuant to section 411 shall accept for treatment holding tank wastewater from any watercraft sewage pump-out facilities required pursuant to section 423‑B . Municipal and quasi-municipal wastewater treatment facilities may charge an annual or per visit fee for this service to be approved by the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §33 (AMD).]

5. Operation and maintenance and asset management; rules. The department may adopt rules establishing standards for operation and maintenance and asset management for publicly owned treatment works and municipal satellite collection systems. For the purposes of this subsection, "municipal satellite collection system" has the same meaning as in section 414‑D, subsection 1, paragraph A . Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 582, §1 (NEW).]
38 M.R.S. § 3012 — ME Code / Title 38 / Chapter 31 / Section 3012
38 §3012. Uniformity of application and construction
Status: in_force

In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 996 — ME Code / Title 38 / Chapter 8 / Section 996
38 §996. Authority
Status: repealed

The commission may, to the extent permitted by the laws of the United States and Canada: [PL 1987, c. 470, §2 (NEW).]

1. Develop plan; cooperation with landowners. Direct the development of the recreational and resource management plan in cooperation with landowners; [PL 1987, c. 470, §2 (NEW).]

2. Establish committees. Establish working committees to conduct the planning and recommend the management strategies to the commission for the uses and resources of concern; [PL 1987, c. 470, §2 (NEW).]

3. Implement plans. Seek to implement plans, through working agreements established among the line departments of the State, the Province of New Brunswick, where appropriate, and, to the extent possible, the United States Government, the Government of Canada and private landowners; [PL 1987, c. 470, §2 (NEW).]

4. Cooperate. Cooperate with private entrepreneurs and landowners; [PL 1987, c. 470, §2 (NEW).]

5. Provide for involvement and education. Provide a formal channel for public involvement and education on the planning and management efforts; and [PL 1987, c. 470, §2 (NEW).]

6. Encourage adherence to the plan. Encourage that the area is managed according to the adopted plan, in cooperation with all interested parties, until the plan is modified or until enabling legislation is repealed by either the State or the Province of New Brunswick. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 1275 — ME Code / Title 38 / Chapter 12-A / Section 1275
38 §1275. Approval of training courses
Status: in_force

The board, after consultation with the Commissioner of Administrative and Financial Services and the Commissioner of Labor, shall develop rules establishing criteria and procedures for the approval of training courses and examinations that ensure the qualifications of applicants for certification as required in this chapter. The board shall adopt these rules in accordance with Title 5, chapter 375, subchapter II . [PL 1993, c. 355, §42 (AMD).]

1. Course requirements. To qualify for approval, a training course must contain a combination of class instruction, practical application and public health procedures of a length and content that to the satisfaction of the commissioner must ensure adequate training for the level and type of responsibility for each named certification category. [PL 1993, c. 355, §42 (AMD).]

2. Instructors. All courses certified under this section must be conducted by instructors whose training and experience is determined by the commissioner to be appropriate for the subject matter being taught and the level of certification category for which the course is designed. All courses must be designed and conducted under the guidance of an asbestos abatement design consultant. [PL 1993, c. 355, §42 (AMD).]

3. Transition. Training courses conducted by, and instructors employed by, a firm with in-house asbestos abatement units contracting for asbestos removal with the Federal Government are considered certified under this section pending review for certification if the firm has submitted to the commissioner by March 1, 1990, a training course that meets training requirements set forth in this chapter. [PL 1991, c. 473, §15 (AMD).]
38 M.R.S. § 490-CC — ME Code / Title 38 / Chapter 3 / Section 490-CC
38 §490-CC. Variances
Status: in_force

An owner or operator must comply with the performance standards in section 490‑Z unless a variance from those performance standards is approved by the department. Except when prohibited by section 490‑Z , the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. The department may adopt rules that set forth the standards for granting a variance from the performance standards in this article. Such rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . A variance application must include any fee applicable under section 490‑EE . The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules. [PL 2005, c. 602, §7 (AMD).]

The department shall publish a timetable for responding to variance applications in the same manner prescribed in section 344‑B . A variance is not valid unless approved by the department and, if a municipality is the regulator, the municipality. In making its decision on a variance application, the department shall consider comments or information received and the compliance record of the owner or operator. The department shall inform the owner or operator of any significant concerns or issues raised. [PL 1995, c. 700, §35 (NEW).]
38 M.R.S. § 1305 — ME Code / Title 38 / Chapter 13 / Section 1305
38 §1305. Municipalities; powers and duties
Status: in_force

1. Disposal services. Each municipality shall provide solid waste disposal services for domestic and commercial solid waste generated within the municipality and may provide these services for industrial wastes and sewage treatment plant sludge. [PL 1989, c. 585, Pt. E, §17 (RPR).]

2. Ordinances. [PL 1983, c. 816, Pt. A, §43 (RP).]

3. [PL 1983, c. 380, §3 (RP).]

4. Municipal status reports. [PL 1989, c. 585, Pt. E, §18 (RP).]

5. Municipal permits. All permits issued pursuant to Title 30‑A, chapter 183, subchapter I , shall, in addition to requirements imposed by those sections, be conditioned on compliance with rules adopted by the board concerning the operation of solid waste disposal facilities. Copies of permits issued by the municipality must be submitted to the commissioner within 30 days of issue. [PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §231 (AMD).]

6. Municipal septage sites. Each municipality shall provide for the disposal of all refuse, effluent, sludge and any other materials from all septic tanks and cesspools located within the municipality. In addition, any person may provide a site for disposal of septage. In addition to making application to the Department of Environmental Protection for approval of any site, that person shall have written approval for the site location from the municipality in which it is located, unless the site is located in a Resource Protection District under the jurisdiction of the Maine Land Use Planning Commission. A municipality may determine whether approval of the site must be obtained first from the department or the municipality. The municipal officers shall approve, after hearing, any such private site if they find that the site complies with municipal ordinances and with local zoning and land use controls. In the absence of applicable municipal ordinances and local zoning and land use controls, the municipality shall base its approval of the site on compliance with the siting and design standards in the department's rules relating to septage management. For purposes of this subsection, "municipality" means a city, town or plantation. [PL 1997, c. 40, §1 (AMD); PL 2011, c. 682, §38 (REV).]

7. On-site disposal of domestic septage; enforcement. [PL 2021, c. 641, §3 (RP).]

8. Septage and sludge permits; municipal enforcement. Pursuant to Title 30‑A, section 4452, subsection 6 , a municipality, after notifying the department, may enforce the terms and conditions of a septage land disposal or storage site permit or a sludge land application or storage site permit issued by the department under this subchapter. [PL 1997, c. 38, §2 (AMD).]

9. Coordination between municipality and department. Coordination between the department and a municipality concerning applications and modifications in the terms or conditions of a permit or license for a sludge land application site or storage facility is governed by this subsection. A. Within 14 working days of its receipt of a complete application for a sludge land application site or storage facility, the department shall notify the municipal officers or their designees from the municipality in which the site or facility would be located of the application and the name and address of the applicant. The department shall provide the municipal officers with copies of all test results performed on the sludge material that is proposed to be spread in that municipality. Prior to approving an application for a sludge land application site or storage facility, the department shall consult with the municipal officers or their designees in the municipality in which the site or facility is proposed and provide them with an opportunity to suggest conditions, including additional setbacks, to be imposed on a permit or license. If the department does not impose conditions on a permit or license that have been suggested in writing by the municipal officers, the department shall provide a written explanation to the municipal officers. [PL 1999, c. 393, §3 (NEW).] B. The department shall consult with the municipal officers within 10 days of receiving a request by the sludge generator to change the terms or conditions of a permit or license. The municipality may petition the commissioner to review a generating facility's testing protocol for sludge. The commissioner shall respond to the municipality in writing within 10 days of the municipality's petition. The commissioner may order the applicant to conduct an additional test at the applicant's cost. A copy of the additional test results must be provided to the municipal officers. [PL 1999, c. 393, §3 (NEW).] [PL 1999, c. 393, §3 (RPR).]
38 M.R.S. § 585-A — ME Code / Title 38 / Chapter 4 / Section 585-A
38 §585-A. Establishment of standards
Status: in_force

The board may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution. [PL 1989, c. 144, §4 (AMD).]

Prior to the establishment or amendment of rules, the board shall offer an opportunity for a public hearing thereon in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . The board shall solicit and consider all available information concerning applicable ambient air quality and emission standards; the availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control air pollution or violations of ambient air quality or emission standards which would be required by any proposed rules; and such other evidence as in the board's judgment will enable it to determine and establish rules adequate to maintain applicable ambient air quality and emission standards. [PL 1989, c. 144, §4 (AMD).]

The board shall establish or amend rules to achieve the purposes set forth in this section. The board may delay the effective date of the rules. [PL 1989, c. 144, §4 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §159 (AMD).]

The department shall confer with the joint standing committee of the Legislature having jurisdiction over natural resource matters before it proposes any revisions to the state implementation plan, required in the federal Clean Air Act, Section 110, 42 United States Code, Section 7410, that would require the State to implement new emissions reduction strategies or programs or substantially revise or terminate existing emissions reduction strategies or programs. Notwithstanding any other parts of this section, rules adopted pursuant to this section relating to motor vehicle fuel standards are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1999, c. 107, §1 (AMD).]
38 M.R.S. § 341-E — ME Code / Title 38 / Chapter 2 / Section 341-E
38 §341-E. Board meetings
Status: in_force

Board meetings held under section 341‑D are governed by the following provisions. [PL 2011, c. 304, Pt. H, §13 (AMD).]

1. Quorum. Four members of the board constitute a quorum. A quorum is required to open a meeting and for a vote of the board. [PL 2011, c. 304, Pt. H, §13 (AMD).]

2. Proceedings recorded. All proceedings before the board must be recorded electronically. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 2201 — ME Code / Title 38 / Chapter 24 / Section 2201
38 §2201. Maine Solid Waste Management Fund established
Status: in_force

The Maine Solid Waste Management Fund, referred to in this section as "the fund," is established as a nonlapsing fund to support programs administered by the bureau and the Department of Environmental Protection. The fund must be segregated into 2 subsidiary accounts. The first subsidiary account, called operations, receives all fees established and received under article 1 . Except as provided in section 2203‑A, subsection 2‑A , the 2nd subsidiary account, called administration, receives all fees established under this article and under Title 36, chapter 719 and all funds recovered by the department as reimbursement for departmental expenses incurred to abate imminent threats to public health, safety and welfare posed by the illegal disposal of solid waste. [PL 2021, c. 664, §4 (AMD).]

Money in the fund not currently needed to meet the obligations of the department or bureau must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [PL 2011, c. 655, Pt. GG, §64 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

Funds deposited in the fund related to administration may be expended only in accordance with allocations approved by the Legislature for administrative expenses directly related to the bureau's and the department's programs, including actions by the department necessary to abate threats to public health, safety and welfare posed by the disposal of solid waste. Funds deposited in the fund related to fees imposed on the disposal of construction and demolition debris and residue from the processing of construction and demolition debris may be expended only for the state cost share to municipalities under the closure and remediation cost-sharing program for solid waste landfills established in section 1310‑F . Funds deposited in the fund related to fees imposed under this article may be expended to provide grant funding in accordance with the Maine Solid Waste Diversion Grant Program established in section 2201‑B . The department shall, on an annual basis, conduct a review of the revenues presently in the fund and the revenues projected to be added to or disbursed from the fund in upcoming calendar years and determine what amount of revenues, if any, are available to provide grant funding under section 2201‑B . If the department determines that there are revenues in the fund available in the upcoming calendar year to provide grant funding under section 2201‑B , the department must ensure that such revenues are designated for use in accordance with section 2201‑B by the end of that calendar year. Funds deposited in the fund related to operations may be expended only in accordance with allocations approved by the Legislature and solely for the development and operation of publicly owned facilities owned or approved by the bureau and for the repayment of any obligations of the bureau incurred under article 3 . These allocations must be based on estimates of the actual costs necessary for the bureau and the department to administer their programs, to provide financial assistance to regional associations and to provide other financial assistance necessary to accomplish the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must annually transfer to the General Fund an amount necessary to reimburse the costs of the Bureau of Revenue Services incurred in the administration of Title 36, chapter 719 . Allowable expenditures include "Personal Services," "All Other" and "Capital Expenditures" associated with all bureau activities other than those included in the operations account. [PL 2021, c. 664, §4 (AMD).]
38 M.R.S. § 954-C — ME Code / Title 38 / Chapter 6 / Section 954-C
38 §954-C. Rule-making powers
Status: in_force

1. The commission shall have the power, after notice and public hearing, to adopt such rules and regulations governing its procedures as it deems necessary to carry out the purposes of this chapter. The rules and regulations may cover but shall not be limited to: A. The form and content of applications; [PL 1979, c. 459, §1 (NEW).] B. The conduct of meetings and hearings; [PL 1979, c. 459, §1 (NEW).] C. The determination of parties to hearings; [PL 1979, c. 459, §1 (NEW).] D. The provision, form and content of both public notice and notice to individuals, groups and property owners affected by proposed action of the commission; [PL 1979, c. 459, §1 (NEW).] E. The issuance and revocation of permits and certificates of compliance; [PL 1979, c. 459, §1 (NEW).] F. The issuance of decisions and findings of facts; [PL 1979, c. 459, §1 (NEW).] G. The adoption, amendment and interpretation of district boundaries; [PL 1979, c. 459, §1 (NEW).] H. The amendment and revision of the comprehensive plan; [PL 1979, c. 459, §1 (NEW).] I. The adoption and amendment of a schedule of fees; [PL 1979, c. 459, §1 (NEW).] J. The adoption and amendment of additional performance standards for permitted uses under section 962‑A ; and [PL 1979, c. 459, §1 (NEW).] K. The grant or denial of variances. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]

2. In adopting rules and regulations under this section, the commission shall consider, in addition to the other requirements set forth in this chapter, the following factors: A. Expense and facility of administration; [PL 1977, c. 459, §1 (NEW).] B. Convenience to landowners and individuals affected; [PL 1977, c. 459, §1 (NEW).] C. Encouragement of public participation; and [PL 1977, c. 459, §1 (NEW).] D. Cooperation with municipal and state officials. [PL 1977, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 633 — ME Code / Title 38 / Chapter 5 / Section 633
38 §633. Prohibition
Status: in_force

1. Permit required. A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department. [PL 2007, c. 160, §2 (AMD).]

2. Exceptions. This subarticle does not apply to activities for which, prior to the effective date of this Act, a permit or permits have been issued pursuant to any of the following laws: Land use regulation laws, Title 12, sections 681 to 689 ; stream alteration laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration of coastal wetlands laws, former sections 471 to 478; site location of development laws, sections 481 to 489‑E ; and small hydroelectric generating facilities laws, this subarticle. [PL 2011, c. 653, §24 (AMD); PL 2011, c. 653, §33 (AFF).]

3. Exemptions. Normal maintenance and repair of an existing and operating hydropower project shall be exempt from this subarticle, provided that: A. The activity does not involve any dredging or filling below the normal high-water line of any great pond, coastal wetland, river, stream or brook; and [PL 1983, c. 458, §18 (NEW).] B. The activity does not involve any dredging or filling on the land adjacent to any great pond, coastal wetland, river, stream or brook such that any dredged spoil, fill or structure may fall or be washed into those waters. [PL 1983, c. 458, §18 (NEW).] [PL 1983, c. 458, §18 (NEW).]
38 M.R.S. § 3202 — ME Code / Title 38 / Chapter 35 / Section 3202
38 §3202. Permitting of solar energy development
Status: in_force

Except as otherwise provided in this section, a person may not construct, cause to be constructed or operate a solar energy development without a permit from the Department of Agriculture, Conservation and Forestry. Notwithstanding any provision of law to the contrary, the Department of Agriculture, Conservation and Forestry has permitting authority over solar energy development. The Department of Agriculture, Conservation and Forestry shall adopt rules to implement this section, which must include, but are not limited to: [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

1. Administration. Administrative procedures relating to the permitting process, including required fees; [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

2. Permit; standards. Standards for the approval of a permit; [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

3. Delegation. Standards and conditions for delegation of the authority to issue permits for solar energy development to a municipality or the Maine Land Use Planning Commission; and [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

4. Enforcement. Procedures for the enforcement of this section. [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]

Notwithstanding Title 5, section 8071, subsection 3 , rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 448, §3 (NEW); PL 2023, c. 448, §5 (AFF).]
38 M.R.S. § 470 — ME Code / Title 38 / Chapter 3 / Section 470
38 §470. Classification of ground water
Status: in_force

All ground water shall be classified as not less than Class GW-A, except as otherwise provided in this section. The board may recommend to the Legislature the reclassification of any ground water, after careful consideration, public hearings and in consultation with other state agencies and the municipalities and industries involved, and where the board finds that it is in the best interests of the public that the waters be so classified. [PL 1985, c. 698, §15 (NEW).]
38 M.R.S. § 1735 — ME Code / Title 38 / Chapter 17 / Section 1735
38 §1735. Appeal
Status: in_force

If any person sustaining damages by any taking by a disposal district under section 1732 does not agree with the district upon the sum to be paid, either party, upon petition to the county commissioners of the county in which the property is located, may have the damages assessed by them. The procedure and all subsequent proceedings and right of appeal shall be had under the same restrictions, conditions and limitations as are or may be by law prescribed in the case of damages by the laying out of highways by the county commissioners, except that: [PL 1983, c. 820, §2 (NEW).]

1. Vesting of title. Title to the lands, real estate, easements or interests therein and other property and rights to be taken shall not vest in the district until payment to the owner of the amount awarded therefor or, if the payment is refused upon tender, until tender thereof to the treasurer of the county in which lands and interest are located, for escrow at interest for the benefit of the owner, pending final determination of the amount to which the owner is entitled; and [PL 1983, c. 820, §2 (NEW).]

2. Appeal. In the event of any appeal of the amount awarded as damages for that taking: A. The petition for assessment of damages shall be filed with the clerk of the county commissioners, by either party, within 30 days following the filing and recording of plans of the location of all the property, facilities and rights taken; and [PL 1983, c. 820, §2 (NEW).] B. If the return of the county commissioners has not been made within 120 days following the filing of the petition for assessment, the county commissioners shall be conclusively presumed to have confirmed the award of damages by the district and either party may, within 30 days following that 120-day period, appeal the amount of the damages awarded by the district to the Superior Court. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 103 — ME Code / Title 38 / Chapter 1 / Section 103
38 §103. Lapsed
Status: in_force

Any pilot heretofore licensed by the commission whose license lapses for any reason may be reinstated upon compliance with sections 91 and 93 , as if applying for an initial license. [PL 1999, c. 355, §24 (AMD).]
38 M.R.S. § 1023 — ME Code / Title 38 / Chapter 9 / Section 1023
38 §1023. Expiration of license
Status: in_force

The license for the building or extension of a fish weir or trap issued under section 1022 or any right or privilege granted by the Legislature for the building or extension of any such fish weir or trap shall terminate and become void unless the weir or trap is built within one year from the date of the license or the granting of that right or privilege and maintained in good faith for the duration of the license. [PL 1985, c. 97, §1 (RPR).]

The weir shall be considered to be maintained in good faith if the following conditions are met: [PL 1985, c. 97, §1 (NEW).]

1. Annual license fee; bond coverage. The licensee shall pay an annual license fee and submit proof of the required bond coverage extending at least one year beyond the current license year; [RR 2021, c. 2, Pt. B, §267 (COR).]

2. Inspection and repair. The licensee shall inspect and repair all stakes and brush of the weir structure so as to maintain it in condition to receive netting when fishing conditions warrant; and [PL 1985, c. 97, §1 (NEW).]

3. Report. The licensee shall complete these actions by July 15th of each year and shall report that completion to the Commissioner of Marine Resources and to the municipality within 7 days of that date on forms provided by the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §208 (AMD).]

Satisfaction of these conditions shall be necessary but not sufficient to retain the weir's protected fishing zone as provided by Title 12, section 6525‑A, subsections 1 and 5 . [PL 1985, c. 97, §1 (NEW).]

The Commissioner of Marine Resources shall, by December 31st each year, report to the municipality the name of the licensed owner and location of each weir and whether the weir was maintained in good faith in that year. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §209 (AMD).]
38 M.R.S. § 2133 — ME Code / Title 38 / Chapter 24 / Section 2133
38 §2133. Municipal recycling
Status: in_force

1. Technical and financial assistance program. [PL 1995, c. 465, Pt. A, §43 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

1-A. Recycling progress. Municipalities are not required to meet the state recycling goal in section 2132 , but they must demonstrate reasonable progress toward that goal. The department shall determine reasonable progress. [PL 2011, c. 655, Pt. GG, §33 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Recycling feasibility studies. [PL 1995, c. 465, Pt. A, §45 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

2-A. Assistance with managing solid waste. The department shall assist municipalities with managing solid waste. The department may also provide planning assistance to municipalities and regional organizations for managing municipal solid waste. Planning assistance may include cost and capacity analysis and education and outreach activities. The department shall provide assistance pursuant to this subsection in accordance with the waste management hierarchy in section 2101 . Preference in allocating resources under this section must be given to municipalities that take advantage of regional economies of scale. [PL 2013, c. 300, §21 (AMD).]

2-B. Household hazardous waste collection. The department may, within available resources, award grants to eligible municipalities, regional associations, sanitary districts and sewer districts for household hazardous waste collection and disposal programs. In implementing this program, the department shall attempt to: A. Coordinate the household hazardous waste collection programs with overall recycling and waste management; [PL 1995, c. 465, Pt. A, §46 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] B. Encourage regional economies of scale; [PL 1995, c. 465, Pt. A, §46 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).] C. Coordinate programs between private and public institutions; [PL 1999, c. 779, §3 (AMD).] D. Maximize opportunities for federal grants and pilot programs; and [PL 1999, c. 779, §3 (AMD).] E. By January 1, 2002 and as necessary thereafter, fund capital improvements and operating expenses to facilitate the development of collection programs throughout the State for hazardous waste that is universal waste, as identified in board rules, generated by households, small-quantity generators, public schools and municipalities. [PL 1999, c. 779, §3 (NEW).] At a minimum, the department shall award grants to public schools and municipalities for reasonable costs incurred as a result of managing waste mercury-added products generated by those public schools and municipalities, in compliance with the requirements in sections 1663 and 1664 , that would not otherwise be incurred by complying with existing laws, rules or regulations as of July 15, 2002. [PL 2013, c. 300, §22 (AMD).]

2-C. Business technical assistance program. The department may, as resources allow, assist the business community to develop state programs and services that are designed to promote the solid waste hierarchy and that are desired by and financially supported by the business community. The department shall coordinate these efforts in conjunction with the department. [PL 2011, c. 655, Pt. GG, §33 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2-D. Preference for other state grants and investments. [PL 2013, c. 300, §23 (RP).]

3. Recycling capital investment grants. The department may make grants to eligible municipalities, regional associations, sanitary districts and sewer districts for the construction of public recycling and composting facilities and the purchase of recycling and composting equipment. The department may establish requirements for local cost sharing of up to 50% of the total grant amount. [PL 2011, c. 655, Pt. GG, §33 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Recycling incentives. The department shall develop and implement a program of incentives to encourage public recycling programs to reach maximum feasible levels of recycling and to meet the recycling goal of section 2132 . A. [PL 1993, c. 298, §2 (RP).] B. [PL 1995, c. 465, Pt. A, §48 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).] [PL 2011, c. 655, Pt. GG, §33 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Access to state waste disposal services. [PL 1995, c. 465, Pt. A, §49 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]

6. Recycling demonstration grants. The department may make demonstration grants to eligible municipalities, regional associations or other public organizations to pilot waste reduction, recycling and composting programs and to test their effectiveness and feasibility. [PL 2011, c. 655, Pt. GG, §33 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

7. Recycling progress reports. Municipalities shall report biennially, on forms provided by the department, on their solid waste management and recycling practices. The biennial report must identify the options available to residents and businesses within the municipality for managing solid waste, including any provisions for the separate management of reportable recyclable materials and organic waste and the disposal of other municipal solid waste, including construction and demolition debris. The department shall assist municipalities in developing and tracking a municipal or regional recycling rate by developing a municipal waste stream management assessment model. The model must rely on actual waste data whenever possible, but incorporate default generation estimates when needed. Default generation estimates must incorporate factors such as commercial activity, geographical differences and municipal population. [PL 2019, c. 291, Pt. B, §4 (AMD).]
38 M.R.S. § 1474 — ME Code / Title 38 / Chapter 14-A / Section 1474
38 §1474. Regional compacts
Status: in_force

1. Negotiation. The Governor may negotiate on behalf of the State compacts or other agreements, with other states and the Federal Government with respect to the siting, licensing, operation and use of low-level radioactive waste disposal facilities. [PL 1985, c. 705, §3 (NEW).]

2. Ratification. Except for an agreement with the Southeast Compact Commission for acceptance through June 30, 1994 of low-level radioactive waste generated by and on the premises of any facility of the United States Navy in Kittery, Maine, any compact or agreement with any other state or states or the Federal Government for low-level waste disposal must be ratified by legislative act and, in accordance with subchapter IV , by the voters of the State. [PL 1993, c. 541, §1 (AMD).]
38 M.R.S. § 1740 — ME Code / Title 38 / Chapter 17 / Section 1740
38 §1740. Annual audit
Status: in_force

Each year an audit must be made of the accounts of the district, and for this purpose authorized agents of a certified public accounting firm appointed by the directors must have access to all necessary papers, books and records. Upon the completion of each audit, a report must be made to the chair of the district board of directors and a copy must be sent to the municipal officers of each member municipality. [RR 2021, c. 2, Pt. B, §294 (COR).]
38 M.R.S. § 465-B — ME Code / Title 38 / Chapter 3 / Section 465-B
38 §465-B. Standards for classification of estuarine and marine waters
Status: in_force

The department shall have 3 standards for the classification of estuarine and marine waters. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §66 (AMD).]

1. Class SA waters. Class SA shall be the highest classification and shall be applied to waters which are outstanding natural resources and which should be preserved because of their ecological, social, scenic, economic or recreational importance. A. Class SA waters must be of such quality that they are suitable for the designated uses of recreation in and on the water, fishing, aquaculture, propagation and harvesting of shellfish, navigation and as habitat for fish and other estuarine and marine life. The habitat must be characterized as free-flowing and natural. [PL 2003, c. 227, §6 (AMD).] B. The estuarine and marine life, dissolved oxygen and bacteria content of Class SA waters must be as naturally occurs, except that the number of enterococcus bacteria in these waters may not exceed a geometric mean of 8 CFU or MPN per 100 milliliters in any 90-day interval or 54 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. The number of total coliform bacteria or other specified indicator organisms in samples representative of the waters in shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration as set forth in its publication "Guide for the Control of Molluscan Shellfish" (2019 revision) or any successor publication. [PL 2021, c. 551, §14 (AMD).] C. There may be no direct discharge of pollutants to Class SA waters, except for the following: (1) Storm water discharges that are in compliance with state and local requirements if one or more of the following conditions are met: (a) The storm water discharge existed prior to the waters' being classified as Class SA with a designation as an outstanding national resource as described in section 464, subsection 4, paragraph F , subparagraph (2), including storm water discharges that existed prior to designation of the waters as an outstanding national resource and are not licensed by the department or were not relicensed for some duration after the waters' designation as an outstanding national resource. This division does not authorize new or increased storm water discharge; (b) For storm water discharges requiring a general permit for construction, the discharge is temporary and short term and does not permanently degrade water quality. For the purposes of this division, a discharge is temporary and short term if the discharge occurs only during the time necessary to construct a facility to make it operational. Best management practices must be used during such construction; or (c) The Class SA water is not designated as an outstanding national resource as described in section 464, subsection 4, paragraph F , subparagraph (2) and section 469 ; (2) Discharges of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety using materials and methods that provide for protection of nontarget species. When the department issues a license for the discharge of aquatic pesticides authorized under this subparagraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website; (3) An overboard discharge licensed prior to January 1, 1986 if no practicable alternative exists; and (4) Discharges of pesticides approved by the department that are: (a) Unintended and an incidental result of the spraying of pesticides; (b) Applied in compliance with federal labeling restrictions; and (c) Applied in compliance with statute, Board of Pesticides Control rules and best management practices. [PL 2021, c. 503, §3 (AMD).] [PL 2021, c. 503, §3 (AMD); PL 2021, c. 551, §14 (AMD).]

2. Class SB waters. Class SB waters shall be the 2nd highest classification. A. Class SB waters must be of such quality that they are suitable for the designated uses of recreation in and on the water, fishing, aquaculture, propagation and harvesting of shellfish, industrial process and cooling water supply, hydroelectric power generation, navigation and as habitat for fish and other estuarine and marine life. The habitat must be characterized as unimpaired. [PL 2003, c. 227, §7 (AMD).] B. Class SB waters must be of sufficient quality to support all estuarine and marine species indigenous to those waters without detrimental changes in the resident biological community. The dissolved oxygen content of Class SB waters may not be less than 85% of saturation. Between April 15th and October 31st, the number of enterococcus bacteria in these waters may not exceed a geometric mean of 8 CFU or MPN per 100 milliliters in any 90-day interval or 54 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. The number of total coliform bacteria or other specified indicator organisms in samples representative of the waters in shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration as set forth in its publication "Guide for the Control of Molluscan Shellfish" (2019 revision) or any successor publication. [PL 2021, c. 551, §15 (AMD).] C. Discharges to Class SB waters may not cause adverse impact to estuarine and marine life in that the receiving waters must be of sufficient quality to support all estuarine and marine species indigenous to the receiving water without detrimental changes in the resident biological community. There may be no new discharge to Class SB waters that would cause closure of open shellfish areas by the Department of Marine Resources. For the purpose of allowing the discharge of aquatic pesticides approved by the department for the control of mosquito-borne diseases in the interest of public health and safety, the department may find that the discharged effluent will not cause adverse impact to estuarine and marine life as long as the materials and methods used provide protection for nontarget species. When the department issues a license for the discharge of aquatic pesticides authorized under this paragraph, the department shall notify the municipality in which the application is licensed to occur and post the notice on the department's publicly accessible website. [PL 2007, c. 291, §7 (AMD).] [PL 2021, c. 551, §15 (AMD).]

3. Class SC waters. Class SC waters shall be the 3rd highest classification. A. Class SC waters must be of such quality that they are suitable for recreation in and on the water, fishing, aquaculture, propagation and restricted harvesting of shellfish, industrial process and cooling water supply, hydroelectric power generation, navigation and as a habitat for fish and other estuarine and marine life. [PL 2003, c. 227, §8 (AMD).] B. Class SC waters must be of sufficient quality to support all species of fish indigenous to those waters and to maintain the structure and function of the resident biological community. The dissolved oxygen content of Class SC waters may not be less than 70% of saturation. Between April 15th and October 31st, the number of enterococcus bacteria in these waters may not exceed a geometric mean of 14 CFU or MPN per 100 milliliters in any 90-day interval or 94 CFU or MPN per 100 milliliters in more than 10% of the samples in any 90-day interval. The number of total coliform bacteria or other specified indicator organisms in samples representative of the waters in restricted shellfish harvesting areas may not exceed the criteria recommended under the National Shellfish Sanitation Program, United States Food and Drug Administration as set forth in its publication "Guide for the Control of Molluscan Shellfish" (2019 revision) or any successor publication. [PL 2021, c. 551, §16 (AMD).] C. Discharges to Class SC waters may cause some changes to estuarine and marine life provided that the receiving waters are of sufficient quality to support all species of fish indigenous to the receiving waters and maintain the structure and function of the resident biological community. [PL 1985, c. 698, §15 (NEW).] [PL 2021, c. 551, §16 (AMD).]
38 M.R.S. § 490-H — ME Code / Title 38 / Chapter 3 / Section 490-H
38 §490-H. Enforcement and penalties
Status: in_force

Except as provided in section 490‑I , the department shall administer and enforce the provisions of this article. [PL 1993, c. 350, §5 (NEW).]

1. Stop-work order. The regulator may order the owner or operator that is not operating in compliance with this article to cease operations until the noncompliance is corrected. [PL 1995, c. 700, §28 (AMD).]

2. Penalty. A person who violates the provisions of this article commits a civil violation and is subject to the penalties established under section 349 . Penalties assessed for enforcement actions taken by the State are payable to the State and penalties assessed for enforcement actions taken by a municipality registered under section 490‑I are payable to that municipality. For any action brought by a municipality under this article in which the municipality prevails, the court may require the owner or operator to reimburse the municipality for costs associated with that enforcement action. [PL 1993, c. 350, §5 (NEW).]

3. Reclamation. If, after an opportunity for a hearing, the commissioner determines that the owner of an excavation site or the person who was engaged in the excavation activity at the excavation site has violated this article, the commissioner shall direct the department staff or contractors under the supervision of the commissioner to enter on the property and carry out the necessary reclamation. The person engaged in mining or any affiliated person who guarantees performance at the excavation site is liable for the reasonable expenses of the necessary reclamation. The commissioner may use the bond or other security to meet the reasonable expenses of reclamation. [PL 1995, c. 700, §29 (NEW).]
38 M.R.S. § 1310-Q — ME Code / Title 38 / Chapter 13 / Section 1310-Q
38 §1310-Q. Transfer of license
Status: in_force

1. Transfer. A person may not transfer a license issued pursuant to this Title without the transfer of the license being approved by the department prior to transfer of the ownership of the property, facility or structure that constitutes or is part of the solid waste disposal facility. The department, at its discretion, may require that the proposed new owner of the facility apply for a new license or may approve the transfer of the existing license upon a satisfactory showing that the new owner can abide its terms and conditions and will be able to comply with the provisions of this Title, except that the department may not approve the transfer of an existing license of a municipal solid waste disposal facility to a private entity and the department may not approve the transfer of the license of a solid waste facility subject to subsection 2 unless the provisions of that subsection are satisfied. The department shall consider the extent to which the disposal facility was sited and developed and is currently operated to meet the capacity needs of municipalities within a specific geographic region. The department shall approve the transfer of license when, in addition to all other requirements of this Title, the applicant has demonstrated that: A. The facility will continue to be operated to meet the municipal disposal capacity needs for which the facility was sited and developed and for which it is currently operated; [PL 1987, c. 557, §2 (NEW).] B. The applicant has made substantially equivalent, alternative provisions to satisfy these disposal capacity needs; or [PL 1987, c. 557, §2 (NEW).] C. These disposal capacity needs no longer exist. [PL 1987, c. 557, §2 (NEW).] [PL 2009, c. 380, §1 (AMD); PL 2009, c. 380, §2 (AFF).]

2. Transfers of solid waste license for a facility that incinerates municipal solid waste or special waste. In addition to the provisions of subsection 1 , during the stated term of any waste handling contract between a solid waste facility that incinerates municipal solid waste or special waste and the host community in which the facility is geographically sited, the department may approve the transfer of a solid waste facility license from the solid waste facility only after the expiration of a due diligence review period for the host community in which the facility is geographically sited, which must conclude within 180 days of the date of filing of the application for transfer of the license. For purposes of this section, any change of owner or operator of the solid waste facility, whether accomplished through sale, merger, lease, sale of stock, assignment or otherwise, is subject to the requirement set forth in this subsection. Any facility owned wholly or in part by a regional association pursuant to section 1304‑B, subsection 5 is exempt from this subsection. A transfer to a host community in which the facility is geographically sited is exempt from this subsection. The board shall decide all applications for transfer of a license subject to this subsection. The board shall hold a public hearing on a transfer application within or in the vicinity of the municipality in which the facility is located after expiration of the due diligence review period prescribed in this subsection. [PL 2009, c. 380, §1 (NEW); PL 2009, c. 380, §2 (AFF).]
38 M.R.S. § 90-A — ME Code / Title 38 / Chapter 1 / Section 90-A
38 §90-A. Reports; liaison; limitations
Status: in_force

On or before August 1st of each year, the commission shall submit to the commissioner for the preceding fiscal year ending June 30th its annual report of its operations and financial position, together with those comments and recommendations that the commission considers essential. [PL 1999, c. 355, §13 (AMD).]
38 M.R.S. § 1041 — ME Code / Title 38 / Chapter 10 / Section 1041
38 §1041. Crossing other public utilities and railroad corporations
Status: in_force

If a standard district, in constructing, maintaining or replacing any of its facilities, must cross property of another public utility or railroad corporation, the standard district must obtain the consent of the other public utility or railroad corporation and undertake the work in accordance with conditions established by agreement. If, within 30 days after requesting consent, the standard district fails to reach an agreement with the public utility or railroad corporation the standard district may petition as follows. [PL 2013, c. 555, §6 (NEW).]

1. Public utility. In the case of crossing property of a public utility, the standard district may petition the Public Utilities Commission to determine the time, place and manner of crossing. All work done on the property of the public utility must be done under the supervision and to the satisfaction of the public utility or as prescribed by the Public Utilities Commission. [PL 2013, c. 555, §6 (NEW).]

2. Railroad corporation. In the case of crossing the property of a railroad corporation, the standard district may petition the Department of Transportation to determine the time, place and manner of crossing. All work done on the property of the railroad corporation must be done under the supervision and to the satisfaction of the railroad corporation or as prescribed by the Department of Transportation. [PL 2013, c. 555, §6 (NEW).]

All work under this section must be done at the expense of the standard district. [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 589-A — ME Code / Title 38 / Chapter 4 / Section 589-A
38 §589-A. Notification of violation to affected municipality
Status: in_force

When the department issues a notice of violation for a violation of this chapter pursuant to section 347‑A or receives an air quality-related notice of violation from the United States Environmental Protection Agency, the department shall provide notice of that violation to each municipality in which the violation occurred. The department may provide the information required under this section electronically. [PL 2019, c. 321, §1 (NEW).]
38 M.R.S. § 853 — ME Code / Title 38 / Chapter 5 / Section 853
38 §853. Reimbursement
Status: in_force

If they are not reimbursed by the profits of the mill or paid by the other owners within 6 months after the work is completed, they may charge 1% a month on the amount advanced, from the end of 6 months until so reimbursed. If a delinquent owner dies or alienates the delinquent owner's interest in the premises, the advancing owners have a continuing lien thereon for reimbursement. Any special contract made by the owners respecting the building or repair of such mill or dam is not hereby affected. [RR 2021, c. 2, Pt. B, §256 (COR).]
38 M.R.S. § 1725 — ME Code / Title 38 / Chapter 17 / Section 1725
38 §1725. Appointment of directors and organizational meeting
Status: in_force

Directors are appointed by the municipal officers of the municipality they represent. Alternate directors may be appointed by the municipal officers to act in the absence of a director. To the extent possible, the board of directors must include a mix of individuals with sufficient managerial, technical, financial or business experience to execute their duties efficiently and effectively. Appointments must be by vote of the municipal officers, attested to by the municipal clerk and presented to the clerk of the district. The municipal officers, by majority vote, may remove their appointed representatives during their term for stated reasons, but directors may not be removed except for neglect of duty, misconduct or other acts that indicate an unfitness to serve. Upon receipt of the names of all the directors, the department shall set a time, place and date for the first meeting of the directors, notice of the meeting to be given to the directors by certified or registered mail, return receipt requested and mailed at least 10 days prior to the date set for the meeting. [PL 2011, c. 655, Pt. GG, §24 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

The directors shall organize by election from their own members a chair, a vice-chair, a treasurer and a clerk, each of whom holds office for one year and until a successor is duly elected and qualified, and choose, employ and fix the compensation of any other necessary officers and agents who serve at their pleasure, and they shall adopt a corporate seal. Prior to the election of the officers, each director must be sworn to the faithful performance of the director's duties by the respective municipal clerk. For the election of chair, vice-chair, treasurer and clerk, each director shall cast one vote regardless of the population of the municipality that the director represents. [RR 2021, c. 2, Pt. B, §291 (COR).]

The power and authority of the district and the administration and the general supervision of all affairs of the district shall be vested in the directors of the district. [PL 1983, c. 820, §2 (NEW).]

The directors may from time to time adopt, establish and amend bylaws consistent with the laws of the State, and necessary or reasonable for their own convenience and the proper management of the affairs of the district, and perform any other acts within the powers delegated to them by law. [PL 1983, c. 820, §2 (NEW).]

After the original organizational meeting, the directors shall meet annually at a time determined by their bylaws for the purpose of electing from among the members a chair, vice-chair, treasurer and clerk to serve until the next annual election and until their successors are appointed and qualified. The treasurer shall furnish bond in such sum and with such sureties as the directors approve, but not less than 50% of the anticipated annual revenues of the district, the cost to be paid by the district. The chair, vice-chair, treasurer and clerk may receive such compensation for serving in these capacities as the directors determine. This compensation is in addition to the compensation payable to them as directors. The directors shall make and publish an annual report, including a report of the treasurer. [RR 2021, c. 2, Pt. B, §292 (COR).]

The directors shall receive compensation as recommended by them and approved by majority vote of the municipal officers in municipalities representing a majority of the population within the district. Certification thereof shall be recorded with the Secretary of State and recorded in the bylaws. Their compensation for duties as directors shall be on the basis of such specific amount as may be specified in the bylaws. [PL 1983, c. 820, §2 (NEW).]

A member of the board of directors may not be employed for compensation as an employee or in any other capacity by the district of which the member is a director. [RR 2021, c. 2, Pt. B, §293 (COR).]

The board of directors may establish an executive board and grant authority as it may deem necessary. The board of directors may establish any and all committees as it may deem necessary. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 1694 — ME Code / Title 38 / Chapter 16-D / Section 1694
38 §1694. Identification of priority chemicals
Status: in_force

Effective July 1, 2012, a chemical is eligible for designation as a priority chemical only if that chemical has been identified and listed as a chemical of high concern pursuant to section 1693‑A . [PL 2011, c. 319, §5 (NEW).]

1. Criteria. The department may designate a chemical of high concern as a priority chemical if the commissioner finds, in concurrence with the Department of Health and Human Services, Maine Center for Disease Control and Prevention: A. The chemical has been found through biomonitoring to be present in human blood, including umbilical cord blood, breast milk, urine or other bodily tissues or fluids; [PL 2007, c. 643, §2 (NEW).] B. The chemical has been found through sampling and analysis to be present in household dust, indoor air or drinking water or elsewhere in the home environment; or [PL 2011, c. 319, §5 (AMD).] C. [PL 2011, c. 319, §5 (RP).] D. The chemical is present in a consumer product used or present in the home. [PL 2011, c. 319, §5 (AMD).] E. [PL 2011, c. 319, §5 (RP).] F. [PL 2011, c. 319, §5 (RP).] [PL 2019, c. 315, §16 (AMD).]

2. Designation. The commissioner shall designate at least 2 priority chemicals by January 1, 2011. The department may designate additional priority chemicals if the commissioner finds that the chemicals meet one of the criteria listed in subsection 1 . [PL 2019, c. 315, §16 (AMD).]

The department shall adopt rules to implement the provisions of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 315, §17 (AMD).]
38 M.R.S. § 448 — ME Code / Title 38 / Chapter 3 / Section 448
38 §448. Municipalities establish commercial fishing and maritime activity zones
Status: in_force

A municipality may, within coastal shoreland areas of that municipality, adopt zoning ordinances establishing a commercial fishing and maritime activity zone. In creating that zone, the municipality shall consider at least the following: [PL 1989, c. 403, §15 (NEW).]

1. Utilization. The number of persons who fish commercially and the utilization of the shoreland area; [RR 2021, c. 2, Pt. B, §235 (COR).]

2. Availability. The availability of shoreland area for commercial fishing; [PL 1989, c. 403, §15 (NEW).]

3. Demand for property. The demands for shoreland property for commercial and residential purposes not related to commercial fishing or maritime activity; and [PL 1989, c. 403, §15 (NEW).]

4. Access. Access to the shore and availability of space appropriate for commercial fishing and maritime activities. [PL 1989, c. 403, §15 (NEW).]
38 M.R.S. § 418-A — ME Code / Title 38 / Chapter 3 / Section 418-A
38 §418-A. Protection of the Penobscot River
Status: in_force

1. Findings. The Legislature finds that the Penobscot River is a unique and valuable natural resource. The Penobscot River serves as an example to the Nation that good public policy carefully implemented can restore and preserve our natural resources. The river has supported, and is again beginning to support, the greatest run of Atlantic salmon and 11 other species of anadromous fish in North America, providing a unique fishing opportunity for Maine residents and members of the Penobscot Indian Nation. The Legislature declares that the preservation and restoration of the Penobscot River is of the highest priority. [PL 2019, c. 72, §1 (AMD).]

2. Prohibition. To protect water quality and aquatic resources, fisheries and fishing opportunities, and as an exercise of the public trust of the State, no person, firm, corporation, municipality or other legal entity may erect, operate, maintain or use any dam on that portion of the Penobscot River downstream from the Milford Dam located between Milford and Old Town, except that portion of the river known as the Stillwater Branch, to the southernmost point of Verona Island for any purpose not previously authorized by act, resolve or operation of law, unless specifically authorized by the Legislature. [PL 2019, c. 72, §1 (AMD).]

3. Study authorized. [PL 2019, c. 72, §1 (RP).]
38 M.R.S. § 1304-A — ME Code / Title 38 / Chapter 13 / Section 1304-A
38 §1304-A. Data; facility needs plan (REALLOCATED TO TITLE 38, SECTION 1319-Q)
Status: in_force

(REALLOCATED TO TITLE 38, SECTION 1319-Q)
38 M.R.S. § 410-G — ME Code / Title 38 / Chapter 3 / Section 410-G
38 §410-G. Report required
Status: in_force

The commissioner in cooperation with the Department of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resources and the joint standing committee of the Legislature having jurisdiction over marine resources during the first regular session of each Legislature. The report is due on or before March 15th. The report must address the problems or potential problems of marine and estuarine resources caused by industrial contaminants. The commissioner also shall prescribe remedial steps to address problems identified in the report. If the department does not receive funding for the Marine Environmental Monitoring Program described in section 410‑F during all or part of the calendar year prior to the first regular session of a Legislature, then the reporting requirements of this section are waived. [PL 2001, c. 232, §7 (AMD).]
38 M.R.S. § 1319-Q — ME Code / Title 38 / Chapter 13 / Section 1319-Q
38 §1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION  1304-A)
Status: in_force

(REALLOCATED FROM TITLE 38, SECTION 1304-A)

1. Data collection and monitoring. The commissioner shall have data on the generation, transportation and handling of hazardous waste collected and monitored in a coordinated manner. [RR 2007, c. 1, §21 (COR).]

2. Report. The commissioner shall biennially, prior to November 1st, prepare a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must cover the prior 2 calendar years and must include the following data: A. The amount of hazardous waste by type that is generated, handled or transported within the State; [PL 1987, c. 517, §13 (RAL).] B. The amount of hazardous waste by type that is handled at commercial hazardous waste facilities within the State; [PL 1987, c. 517, §13 (RAL).] C. The number of hazardous waste facility permits by type currently active and the number granted and revoked in the year; [PL 1987, c. 517, §13 (RAL).] D. The amount of hazardous waste by type generated outside the State that was handled at permitted facilities within the State, and the amount of hazardous waste generated within the State that was handled at facilities located outside the State; [PL 1987, c. 517, §13 (RAL).] E. A list of hazardous waste facilities located within the State and those located outside the State which are available for use by generators in the State; and [PL 1987, c. 517, §13 (RAL).] F. A list of known firms that provide testing, consulting, brokerage, waste exchange, transport or other services to hazardous waste generators. [PL 1987, c. 517, §13 (RAL).] [PL 2007, c. 292, §38 (AMD).]

3. Facility needs plan. [PL 1993, c. 355, §56 (RP).]

4. Legislative recommendations. [PL 2007, c. 292, §38 (RP).]

5. Procedural requirements. [PL 2007, c. 292, §38 (RP).]
38 M.R.S. § 2219 — ME Code / Title 38 / Chapter 24 / Section 2219
38 §2219. Leasehold or other interests of lessee taxable
Status: in_force

The interest of the user of any project is subject to taxation in the manner provided for similar interests in Title 36, section 551 , subject to Title 36, sections 655 and 656 . [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 651 — ME Code / Title 38 / Chapter 5 / Section 651
38 §651. Milldams and canals
Status: in_force

Any person may on the person's own land erect and maintain a watermill and dams to raise water for working it, upon and across any stream not navigable; or, for the purpose of propelling mills or machinery, may cut a canal and erect walls and embankments upon the person's own land, not exceeding one mile in length, and thereby divert from its natural channel the water of any stream not navigable, upon the terms and conditions and subject to the regulations hereinafter expressed. [RR 2021, c. 2, Pt. B, §245 (COR).]
38 M.R.S. § 2217 — ME Code / Title 38 / Chapter 24 / Section 2217
38 §2217. Revenue refunding securities
Status: in_force

The agency may provide for the issuance of revenue refunding securities of the agency to refund any outstanding revenue securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of any redemption premiums and any interest accrued or to accrue to the date of redemption, and, if deemed advisable for the agency, to construct or enable the construction of improvements, extensions, enlargements or additions of the original project. The agency may provide for the issuance of revenue obligation securities of the agency for the combined purpose of refunding any outstanding revenue obligation securities or revenue refunding securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of redemption premiums and interest accrued or to accrue and paying all or any part of the cost of acquiring or constructing or enabling the acquisition or construction of any additional project or part of any improvements, extensions, enlargements or additions of any project. The issuance of the securities, the maturities and other details, the rights and remedies of the holders and the rights, powers, privileges, duties and obligations of the agency shall be governed by the provisions of this subchapter insofar as they are applicable. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 1491 — ME Code / Title 38 / Chapter 14-A / Section 1491
38 §1491. Title
Status: in_force

This subchapter shall be known and may be cited as "An Act to Require Voter Approval of the Disposal of Low-level Radioactive Waste." [IB 1985, c. 1 (NEW).]
38 M.R.S. § 2222 — ME Code / Title 38 / Chapter 24 / Section 2222
38 §2222. Taxable bond option
Status: in_force

With respect to all or any portion of any issue of any bonds or any series of bonds which the agency may issue in accordance with the limitations and restrictions of this subchapter, the agency may covenant and consent that the interest on the bonds shall be includable, under the United States Internal Revenue Code of 1986, as amended, or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders under the United States Internal Revenue Code or any subsequent law. The foregoing grant of power shall not be construed as limiting the inherent power of the State or its agencies under any other provision of law to issue debt, the interest on which is includable in the gross income of the holders of the interest under the United States Internal Revenue Code or any subsequent law. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 423-C — ME Code / Title 38 / Chapter 3 / Section 423-C
38 §423-C. Registered owner's liability for vehicle illegally discharging waste
Status: in_force

A person who is a registered owner of a vehicle at the time that vehicle is involved in a violation of section 423‑A commits a civil violation subject to the provisions of section 349, subsection 2 , except as provided in subsection 4 . For purposes of this section, "registered owner" includes a person issued a dealer or transporter registration plate. [PL 1991, c. 867, §1 (NEW).]

1. Report violation; investigation. A person who observes a violation of section 423‑A may report the violation to a police officer. If a report is made, the person shall report the time and the location of the violation and the registration plate number and a description of the vehicle involved. The officer shall initiate an investigation of the reported violation and, if possible, contact the registered owner of the motor vehicle involved and request that the registered owner supply information identifying the operator. [PL 1991, c. 867, §1 (NEW).]

2. Summons. The investigating officer may cause the registered owner of the vehicle to be served with a summons for a violation of this section. [PL 1991, c. 867, §1 (NEW).]

3. Registered owner not operator. Except as provided in subsection 4 , it is not a defense to a violation of this section that a registered owner was not operating the vehicle at the time of the violation. [PL 1991, c. 867, §1 (NEW).]

4. Defenses. The following are defenses to a violation of this section. A. If a person other than the owner is convicted of operating the vehicle at the time of the violation in violation of section 423‑A , the registered owner may not be found in violation of this section. [PL 1991, c. 867, §1 (NEW).] B. If the registered owner is a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee and the lessor provides the investigating officer with a copy of the lease agreement containing the information required by Title 29‑A, section 254 , the lessee and not the lessor may be charged under this section. [PL 1995, c. 65, Pt. A, §149 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).] C. If the vehicle is operated using a dealer or transporter registration plate and at the time of the violation the vehicle was operated by a person other than the dealer or transporter and if the dealer or transporter provides the investigating officer with the name and address of the person who had control over the vehicle at the time of the violation, that person and not the dealer or transporter may be charged under this section. [PL 1991, c. 867, §1 (NEW).] D. If a report that the vehicle was stolen is given to a law enforcement officer or agency before the violation occurs or within a reasonable time after the violation occurs, the registered owner may not be charged under this section. [PL 1991, c. 867, §1 (NEW).] [PL 1995, c. 65, Pt. A, §149 (AMD); PL 1995, c. 65, Pt. A, §153 (AFF); PL 1995, c. 65, Pt. C, §15 (AFF).]
38 M.R.S. § 420-C — ME Code / Title 38 / Chapter 3 / Section 420-C
38 §420-C. Erosion and sedimentation control
Status: in_force

A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in section 480‑B . Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation. [PL 1997, c. 502, §1 (AMD).]

A person who owns property in an organized area of this State that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8 . Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420‑D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8 . This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8 . [PL 2023, c. 505, §1 (AMD).]

This section applies to a project or any portion of a project located within the State. This section does not apply to agricultural fields. Forest management activities, including associated road construction or maintenance, conducted in accordance with applicable standards of the Department of Agriculture, Conservation and Forestry, Bureau of Forestry, are deemed to comply with this section. This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section. [PL 2023, c. 505, §2 (AMD).]
38 M.R.S. § 556 — ME Code / Title 38 / Chapter 3 / Section 556
38 §556. Municipal ordinances; powers limited
Status: in_force

Nothing in this subchapter may be construed to deny any municipality, by ordinance or by law, from exercising police powers under any general or special Act; provided that ordinances and bylaws in furtherance of the intent of this subchapter and promoting the general welfare, public health and public safety are valid unless in direct conflict with this subchapter or any rule or order of the board or commissioner adopted under authority of this subchapter. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §126 (AMD).]
38 M.R.S. § 410-M — ME Code / Title 38 / Chapter 3 / Section 410-M
38 §410-M. Lakes assessment and protection
Status: in_force

In implementing the Lakes Assessment and Protection Program, the commissioner shall conduct activities within the following areas: [PL 1997, c. 643, Pt. YY, §1 (NEW).]

1. Education and technical assistance. Education and technical assistance relating to lake functions and values, watershed planning and management, implementation of best management practices, effects of cumulative impacts and applicable laws and rules; [PL 1997, c. 643, Pt. YY, §1 (NEW).]

2. Resource monitoring and research. Monitoring and research relating to the ecology and quality of lake resources, the vulnerability and the status of lakes, the relationship between the quality of lake resources and development, the design and effectiveness of best management practices and the effectiveness of efforts to protect lakes; and [PL 1997, c. 643, Pt. YY, §1 (NEW).]

3. Compliance monitoring and enforcement. Promoting and monitoring compliance with and enforcement of the natural resources protection laws, the mandatory shoreland zoning laws, the storm water management laws, the erosion and sedimentation control laws and other state and local laws providing standards for the protection of lakes. [PL 1997, c. 643, Pt. YY, §1 (NEW).]
38 M.R.S. § 959-A — ME Code / Title 38 / Chapter 6 / Section 959-A
38 §959-A. Requirements for granting permits
Status: in_force

1. Permits. The commission shall grant permits for uses allowed under this chapter upon a showing by the applicant that the soils are suitable for the proposed use and that it will be in compliance with all applicable performance standards and requirements established under this chapter. The commission shall also find that the proposed use will not involve any unreasonable: A. Degradation of air and water quality; [PL 1979, c. 459, §1 (NEW).] B. Harmful alteration of wetlands; [PL 1979, c. 459, §1 (NEW).] C. Increase in erosion or sedimentation; [PL 1979, c. 459, §1 (NEW).] D. Danger of increased flood damage; [PL 1979, c. 459, §1 (NEW).] E. Obstruction of flood flow; [PL 1979, c. 459, §1 (NEW).] F. Damage to fish and wildlife habitat; [PL 1979, c. 459, §1 (NEW).] G. Despoliation of the scenic, rural and open space character of the corridor; [PL 1979, c. 459, §1 (NEW).] H. Overcrowding; [PL 1979, c. 459, §1 (NEW).] I. Excessive noise; [PL 1979, c. 459, §1 (NEW).] J. Obstructions to navigation; or [PL 1979, c. 459, §1 (NEW).] K. 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).] The burden of proof shall be upon the applicant to show entitlement to a permit under this section, but if the applicant makes the requisite showing, a permit shall be issued by the commission. [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 3119 — ME Code / Title 38 / Chapter 33 / Section 3119
38 §3119. Reporting requirements
Status: in_force

This section establishes annual reporting requirements for initiators of deposit and for pick-up agents that are not initiators of deposit. [PL 2019, c. 526, §14 (NEW).]

1. Initiator of deposit annual report. Each initiator of deposit shall report annually by March 1st to the department concerning its deposit transactions in the preceding calendar year. The report must be in a form prescribed by the department and must include the number of nonrefillable beverage containers sold by the initiator of deposit in the State by container size, by beverage type and by redemption value, delineated at a minimum into wine, spirits and all other beverage types, and must include the number of nonrefillable beverage containers returned to the initiator of deposit by beverage type and by redemption value. [PL 2025, c. 241, §18 (AMD).]

2. Pick-up agent annual report. Each pick-up agent that is not an initiator of deposit shall report annually by March 1st to the department concerning the redemptions for each initiator of deposit it served in the preceding calendar year. The report must be in a form prescribed by the department and must include the number of nonrefillable containers returned by the pick-up agent to each initiator of deposit it served by redemption value, except that the pick-up agent may report by average weight and total weight of beverage containers returned by material type for containers managed pursuant to a qualified commingling agreement under section 3107 . [PL 2025, c. 241, §19 (AMD).]

3. Proprietary information. Proprietary information submitted to the department in a report required under this section that is identified by the submittor as proprietary information is confidential and must be handled by the department in the same manner as confidential information is handled under section 1310‑B . [PL 2025, c. 241, §20 (AMD).]
38 M.R.S. § 2162 — ME Code / Title 38 / Chapter 24 / Section 2162
38 §2162. Assistance in regional association siting
Status: in_force

1. Technical assistance. Upon request by a regional association, the bureau may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the site. The regional association shall describe fully the need and justification for the request. The bureau may request information from the regional association necessary to provide assistance. [PL 2011, c. 655, Pt. GG, §48 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Submission of report recommending construction of state-owned facility. When the bureau, in consultation with a regional association, finds that disposal capacity is projected to be needed for bulky wastes, construction or demolition waste or land-clearing debris and that the regional association is not able to pursue the siting, establishment and operation of a waste facility, the bureau may submit a report recommending the construction and operation of a state-owned solid waste disposal facility that will fulfill the disposal need to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation authorizing the construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to this subsection. [PL 2011, c. 655, Pt. GG, §48 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
38 M.R.S. § 570-G — ME Code / Title 38 / Chapter 3 / Section 570-G
38 §570-G. Construction
Status: in_force

This subchapter is necessary for the general welfare, public health and public safety of the State and its inhabitants and shall be liberally construed to effect the purposes set forth under this subchapter. No rule or order of the department may be stayed pending appeal under this subchapter. [PL 1987, c. 787, §15 (AMD).]
38 M.R.S. § 3011 — ME Code / Title 38 / Chapter 31 / Section 3011
38 §3011. Enforcement of environmental covenant
Status: in_force

1. Civil action. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: A. A party to the covenant unless the agency determines otherwise for good cause at the time the environmental covenant is created, but in that event the party has no liability for any violation of the covenant by others; [PL 2005, c. 370, §1 (NEW).] B. The agency or, if it is not the agency, the department; [PL 2005, c. 370, §1 (NEW).] C. Any person to whom the covenant expressly grants power to enforce; [PL 2005, c. 370, §1 (NEW).] D. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or [PL 2005, c. 370, §1 (NEW).] E. A municipality or other unit of local government in which the real property subject to the covenant is located. [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

2. Effect or regulatory authority. This chapter does not limit the regulatory authority of the agency or the department under any law other than this chapter with respect to an environmental response project. [PL 2005, c. 370, §1 (NEW).]

3. Liability for environmental remediation. A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 1031 — ME Code / Title 38 / Chapter 10 / Section 1031
38 §1031. Short title
Status: in_force

This chapter may be known and cited as "the Standard Sewer District Enabling Act." [PL 2013, c. 555, §6 (NEW).]
38 M.R.S. § 1274-A — ME Code / Title 38 / Chapter 12-A / Section 1274-A
38 §1274-A. Certification and licensing requirements
Status: in_force

The board may adopt and amend rules necessary to govern the licensing of business or public entities including but not limited to asbestos abatement contractors, in-house asbestos abatement units, asbestos consultants, asbestos analytical laboratory and training providers; and the certification of asbestos professionals undertaking asbestos abatement activities. [PL 1993, c. 355, §41 (AMD).]
38 M.R.S. § 1152-A — ME Code / Title 38 / Chapter 11 / Section 1152-A
38 §1152-A. Procedure in exercise of right of eminent domain
Status: in_force

The right of eminent domain granted in section 1152 may only be exercised after complying with the following procedures. [PL 1981, c. 466, §5 (NEW).]

1. Notice to owner. The district shall provide notice to the owner as follows. A. The owner or owners of record shall be notified as follows: (1) The determination of the trustees that they will exercise the right of eminent domain; (2) A description and scale map of the land or easement to be taken; (3) The final amount offered for the land or easement to be taken, based on the fair value, as estimated by the district; and (4) Notice of the time and place of the hearing provided in subsection 3 . [PL 1981, c. 466, §5 (NEW).] B. Notice may be made: (1) By personal service in hand by an officer duly qualified to serve civil process in this State; or (2) By certified mail, return receipt requested, to the owner's last known address. [RR 2021, c. 2, Pt. B, §274 (COR).] C. Alternate notice. If the owner or owners are not known or if they cannot be notified by personal service or certified mail, notice may be given by publication in the same manner as provided in subsection 3 . [PL 1981, c. 466, §5 (NEW).] [RR 2021, c. 2, Pt. B, §274 (COR).]

2. Notice to tenant. Notice shall be made to any tenants in the same manner as for the owner. [PL 1981, c. 466, §5 (NEW).]

3. Hearing. The trustees shall hold a public hearing on the advisability of the proposed exercise of the right of the eminent domain. Notice of the hearing shall be made by publication in a newspaper of general circulation in the area of the taking and shall be given once a week for 2 successive weeks, the last publication to be at least 2 weeks prior to the time appointed in the hearing. The hearing notice shall include: A. The time and place of the hearing; [PL 1981, c. 466, §5 (NEW).] B. A description of the land or easement taken; and [PL 1981, c. 466, §5 (NEW).] C. The owners, if known. [PL 1981, c. 466, §5 (NEW).] [PL 1981, c. 466, §5 (NEW).]
38 M.R.S. § 1310-U — ME Code / Title 38 / Chapter 13 / Section 1310-U
38 §1310-U. Municipal ordinances
Status: in_force

Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173 , municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the State or a state agency or a regional association. [PL 2011, c. 655, Pt. GG, §15 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second and Title 30‑A, section 3001 , municipalities, except as provided in this section, may enact ordinances with respect to solid waste facilities that contain standards the municipality finds reasonable, including, without limitation, conformance with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard outside the facility; distance from existing residential, commercial or institutional uses; ground water protection; surface water protection; erosion and sedimentation control; and compatibility of the solid waste facility with local zoning and land use controls, provided that the standards are not more strict than those contained in this chapter and in chapter 3, subchapter I, articles 5‑A and 6 and the rules adopted under these articles. Municipal ordinances must use definitions consistent with those adopted by the board. [PL 1995, c. 126, §2 (AMD).]

A municipality adopting an ordinance under this section shall forward a copy of the ordinance to the commissioner within 30 days of its adoption. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §251 (AMD).]
38 M.R.S. § 1000 — ME Code / Title 38 / Chapter 8 / Section 1000
38 §1000. First meeting of commission
Status: in_force

The first meeting of the commission must be called by the Governor of the State and must be held in Calais, Maine. The Premier of the Province of New Brunswick has agreed, in the Memorandum of Understanding, to designate a person to serve as the temporary chair of the commission at its first meeting until the commission nominates from among its members and approves by consensus cochairs. [RR 2021, c. 2, Pt. B, §266 (COR).]
38 M.R.S. § 1319-T — ME Code / Title 38 / Chapter 13 / Section 1319-T
38 §1319-T. Criminal provisions
Status: in_force

In addition to being subject to civil penalties as provided by section 349, subsection 2 and to criminal penalties as provided in section 349, subsection 3 , conduct described in subsections 1 and 2 is subject to criminal penalties as follows. [PL 1991, c. 548, Pt. A, §32 (AMD).]

1. Penalty provisions. Any person is guilty of a Class C crime and may be punished accordingly if that person, with respect to any substance or material that has been identified as hazardous waste by the board and that the person believes may be harmful to human health or knows or has reason to know has been so identified, knowingly: A. Transports any such substance or material without, in fact, having a proper license or permit as may be required under this subchapter; [PL 1987, c. 517, §28 (NEW).] B. Transports any such substance or material to a waste facility knowing or consciously disregarding a risk that such facility does not have a proper license or permit as may be required under this subchapter; [PL 1987, c. 545 (AMD).] C. Handles any such substance or material without, in fact, having obtained a proper license or permit to do so as may be required under this subchapter; or [PL 1987, c. 517, §28 (NEW).] D. Handles any such substance or material at any location knowing or consciously disregarding a risk that such location does not have a proper license or permit as may be required under this subchapter for such treatment, storage or disposal. [PL 1987, c. 517, §28 (NEW).] Notwithstanding Title 17‑A, section 1704, subsection 3 or Title 17‑A, section 1705, subsection 4 , the fine for such violation may not exceed $50,000 for each day of such violation. In a prosecution under paragraph B or D , the conscious disregard of the risk, when viewed in light of the nature and purpose of the person's conduct and the circumstances known to the person, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation. [PL 2019, c. 113, Pt. C, §119 (AMD).]

2. Class D crimes. A person is guilty of a Class D crime if, with respect to any substance or material that, in fact, has been identified as hazardous waste by the board and that the person knows or has reason to believe has been so identified or may be harmful to human health, that person knowingly: A. Establishes, constructs, alters or operates any waste facility for any such substance or material without, in fact, having obtained a proper license or permit as may be required under this subchapter; [PL 1987, c. 517, §28 (NEW).] B. Handles or transports any substance or material identified as hazardous waste by the board in any manner that violates the terms of any condition, order, rule, license, permit, approval or decision of the board or commissioner with respect to the handling or transporting of that substance or material; or [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §265 (AMD).] C. Gives custody or possession of any such substance or material to any other person whom that person knows or has reason to believe: (1) Does not have a license or permit to transport or handle such substance or material as may be required under this subchapter; or (2) Will transport or handle such substance or material in violation of this subchapter or rules adopted under it. [PL 1991, c. 548, Pt. A, §32 (AMD).] A person who violates the provisions of this subsection may be punished accordingly, except that, notwithstanding Title 17‑A, section 1704, subsection 4 , or Title 17‑A, section 1705, subsection 5 , the fine for such violation may not exceed $25,000 for each day of the violation. [PL 2019, c. 113, Pt. C, §119 (AMD).]
38 M.R.S. § 4 — ME Code / Title 38 / Chapter 1 / Section 4
38 §4. Neglecting to remove or replace moorings
Status: in_force

In case of the neglect or refusal of the master or owner of any boat or vessel to remove the master's or owner's mooring or to replace it by one of different character when so directed by the harbor master, that harbor master shall cause the entire mooring to be removed or the buoy removed and the chain dropped to the bottom or shall make such change in the character of the mooring as required, and collect from the master or owner of that boat or vessel the sum of $100 for either of those services rendered and the necessary expenses. [RR 2021, c. 2, Pt. B, §225 (COR).]

Before removing a mooring or a buoy, a harbor master shall notify the master or owner, if ownership can be determined, by mail at the master's or owner's last known address of the action desired of the master or owner, the fact that the mooring will be removed and the fine. If the matter is not settled to the harbor master's satisfaction within 2 weeks, the harbor master may take the action provided for in this section. [RR 2021, c. 2, Pt. B, §225 (COR).]
38 M.R.S. § 2006 — ME Code / Title 38 / Chapter 23 / Section 2006
38 §2006. Operational date of watershed districts
Status: in_force

On the date set by the commissioner as provided in section 2005 , the watershed district becomes operative. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §286 (AMD).]
38 M.R.S. § 343-B — ME Code / Title 38 / Chapter 2 / Section 343-B
38 §343-B. Preapplication and presubmission meetings
Status: in_force

At the request of a potential applicant or when required by rule, the department shall hold a preapplication meeting to identify the issues, types of information and documentation necessary for the department to properly assess a specific project. For any application that has had a preapplication meeting, the department shall also hold a presubmission meeting to review the application prior to the application being filed by the applicant unless the department determines that the presubmission meeting is unnecessary based upon the complexity of the application, status of development of the application or other factors and the applicant agrees not to hold a presubmission meeting. [PL 2005, c. 330, §4 (AMD).]

The board may adopt rules that identify classes of applications that require an applicant to attend a preapplication and presubmission meeting held by the department prior to submitting the application. [PL 1991, c. 804, Pt. B, §1 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
38 M.R.S. § 1-A — ME Code / Title 38 / Chapter 1 / Section 1-A
38 §1-A. Training
Status: in_force

The following provisions govern the training of harbor masters and deputy harbor masters appointed pursuant to section 1 or 2 . [PL 2005, c. 525, §1 (NEW).]

1. Basic training course. A person appointed or reappointed a harbor master or a deputy harbor master after August 31, 2006 must complete a basic harbor master training course offered by a statewide harbor masters association that represents Maine harbor masters within one year after being appointed or reappointed unless that person has previously completed such a course. If a person has not held the position of harbor master or deputy harbor master within the last 5 years prior to being appointed or reappointed, that person upon appointment or reappointment must complete the basic harbor master training course. [PL 2021, c. 53, §1 (AMD).]

1-A. Continuing education. A person appointed or reappointed a harbor master or deputy harbor master who has completed the basic training course under subsection 1 shall complete, at a minimum, 8 hours of training every 3 years to maintain certification as a harbor master or deputy harbor master. The training requirement of this subsection may be met by completing continuing education training offered or approved by a statewide harbor masters association that represents Maine harbor masters. [PL 2021, c. 53, §1 (NEW).]

2. Payment; reimbursement. Nothing in this section may be construed to prohibit a municipality, at its sole discretion, from paying for or reimbursing a harbor master or deputy harbor master for the cost of training under this section. [PL 2021, c. 53, §1 (AMD).]

3. Additional training. Nothing in this section may be construed to prohibit a municipality from requiring a harbor master or deputy harbor master to obtain training beyond that required by this section. [PL 2005, c. 525, §1 (NEW).]

4. Training format. During any 3-year period, the training courses offered by the statewide harbor masters association must include, at a minimum, in-person, remote and online options. [PL 2021, c. 53, §1 (NEW).]
38 M.R.S. § 574 — ME Code / Title 38 / Chapter 3-A / Section 574
38 §574. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 237, §1 (NEW).]

1. Greenhouse gas. "Greenhouse gas" means any chemical or physical substance that is emitted into the air and that the department determines by rule may reasonably be anticipated to cause or contribute to climate change. "Greenhouse gas" includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 237, §1 (NEW).]

1-A. Climate action plan. "Climate action plan" means the state plan adopted under section 577 . [PL 2019, c. 476, §5 (NEW).]

1-B. Gross annual greenhouse gas emissions. "Gross annual greenhouse gas emissions" means the total amount of greenhouse gases emitted by all sources within the State each year. [PL 2019, c. 476, §5 (NEW).]

1-C. Net annual greenhouse gas emissions. "Net annual greenhouse gas emissions" means gross annual greenhouse gas emissions less the total amount of greenhouse gases absorbed each year by plants and natural ecosystems, including, but not limited to, trees, crops, soil and wetlands within the State. [PL 2019, c. 476, §5 (NEW).]

2. Sector. "Sector" means one of the 5 sectors identified in the climate change action plan adopted by the Conference of New England Governors and Eastern Canadian Premiers in August 2001. The 5 sectors are the transportation, industrial, commercial, institutional and residential sectors. [PL 2003, c. 237, §1 (NEW).]
38 M.R.S. § 281 — ME Code / Title 38 / Chapter 1 / Section 281
38 §281. Speed restrictions
Status: in_force

Whoever operates any watercraft, vessel, water skis, surfboard, similar device or motorboat, however propelled, upon the tidewaters of any municipality or upon any of the offshore waters within the jurisdiction of this State at a speed greater than is reasonable and proper, having due regard for traffic, proximity to wharves, docks, moorings or shores, and for any other conditions then existing, shall be guilty of a Class E crime. [PL 1977, c. 696, §336 (RPR).]
38 M.R.S. § 659 — ME Code / Title 38 / Chapter 5 / Section 659
38 §659. --damages
Status: in_force

Damages caused by flowage of lands from which timber or other property has been removed under section 658 must be assessed as though there had been no severance, and the amount paid for such timber or other property with interest to the date of the judgment must be credited thereon, except that the owner of the land has the right to elect whether the owner's damages are assessed for flowage as of the time of taking or of flowing. [RR 2021, c. 2, Pt. B, §247 (COR).]
38 M.R.S. § 1732 — ME Code / Title 38 / Chapter 17 / Section 1732
38 §1732. Real and personal property and right of eminent domain
Status: in_force

Each disposal district formed under this chapter may acquire and hold real and personal property which it deems necessary for its purposes, and is granted the right of eminent domain; and for those purposes may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, as for public uses any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining and operating refuse disposal, resource disposal, resource recovery and resource conservation facilities and may provide for the conversion of waste to energy and the transmission thereof. [PL 1983, c. 820, §2 (NEW).]

No property may be so taken, except as may be necessary for the construction of steam and electric transmission lines, roads and communications equipment, unless the property is located within the disposal district. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 489-D — ME Code / Title 38 / Chapter 3 / Section 489-D
38 §489-D. Technical assistance to municipalities
Status: in_force

A state department or agency shall provide technical assistance to a municipality in the form of a peer review of development studies when the state capacity and resources exist. [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).]

1. Costs. A state department or agency may charge a municipality for this assistance under this section. A municipality may recover these costs from the developer. [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).]

2. Type of development. The following provisions apply to assistance under this section. A. Assistance is available for the review of site location issues arising from a proposal for a subdivision of at least 5 lots and 20 acres and for a proposal for a development that has at least 3 acres of buildings, parking lots, roads, paved areas, wharves or areas to be stripped or graded and not revegetated and not subject to review by the department under this article. [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).] B. A municipality may also obtain technical assistance in the form of a peer review from a private consultant or regional council and may recover costs from the developer for a project of any size. The Department of Agriculture, Conservation and Forestry has the authority to establish rules as necessary for this purpose. [PL 2011, c. 655, Pt. JJ, §33 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] [PL 2011, c. 655, Pt. JJ, §33 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
38 M.R.S. § 772 — ME Code / Title 38 / Chapter 5 / Section 772
38 §772. Petition to raise ways and enlarge water vents
Status: in_force

When the owners of mills carried by the water of a stream, or the owners of water power for operating mills, find or apprehend that the necessary head of water for working or reservoir purposes cannot be obtained, or when their existing rights in respect to the same cannot be exercised without overflowing some highway or town way, they may petition the county commissioners for permission to raise such ways and to enlarge the water vent thereof. Such commissioners shall appoint a time and place for a hearing on the petition and give notice thereof to all parties interested as provided in Title 23, section 2052 , and such notice may be proved in the manner therein provided.
38 M.R.S. § 545 — ME Code / Title 38 / Chapter 3 / Section 545
38 §545. Operation without license prohibited
Status: in_force

No person shall operate or cause to be operated an oil terminal facility as defined in this subchapter without a license. [PL 1969, c. 572, §1 (NEW).]

1. Expiration of license. Licenses are issued upon application and are for a period of not less than 12 months to expire no later than 60 months after the date of issuance. The department may issue a temporary license for a shorter period of time if it finds that the applicant has substantially complied but has failed to comply with one or more provisions of existing rules. Licenses are issued subject to such terms and conditions determined by the department as necessary to carry out the purposes of this subchapter. [PL 1993, c. 355, §9 (AMD).]

2. Renewal of licenses. As a condition precedent to the issuance or renewal of a license the department shall require satisfactory evidence that the applicant has or is in the process of implementing state and federal plans and rules and regulations for control of pollution related to oil and the abatement thereof when a discharge occurs. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §111 (AMD).]

3. Exemptions. The Legislature finds and declares that the likelihood of significant damage to marine, estuarine and terrestrial environment, due to spills of oil, petroleum products and their by-products by the following classes of persons, is remote due to the limited nature of their operations and the small quantities stored, and accordingly exempts the same from the licensing requirements imposed by this section: A. Persons engaged in the business of servicing the fuel requirements of pleasure craft, fishing boats and other commercial vessels, where the purchaser and the consumer are the same entity and the serviced vessel is 200 feet or less in overall length. [PL 1993, c. 355, §10 (AMD).] [PL 1993, c. 355, §10 (AMD).]

4. Certain vessels included. Licenses issued to any fixed or permanent oil terminal facility must include vessels under the direction or control of such facility and used to transport oil, between such fixed or permanent facility and vessels within state waters. Any person operating or causing to be operated a vessel used to transport oil between a permanent or fixed oil terminal facility and vessels within state waters, which vessel is not subject to the direction or control of that permanent oil terminal facility, shall obtain a license as required by this section. This subsection does not apply to vessels engaged in oil spill response activities. [PL 1991, c. 698, §5 (AMD).]
38 M.R.S. § 414-D — ME Code / Title 38 / Chapter 3 / Section 414-D
38 §414-D. Municipal satellite collection systems
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Municipal satellite collection system" or "system" means a wastewater collection system, owned or operated by a municipality or a quasi-municipal entity, that directly or indirectly conveys wastewater to a publicly owned treatment works that is owned or operated by a separate legal entity. "Municipal satellite collection system" includes a gravity sewer and a force main. [PL 2017, c. 353, §3 (NEW).] B. "Unauthorized discharge" means a discharge of wastewater from a municipal satellite collection system to any location other than the publicly owned treatment works identified by the owner of the system pursuant to subsection 2 . [PL 2017, c. 353, §3 (NEW).] [PL 2017, c. 353, §3 (NEW).]

2. Registration. The owner of a municipal satellite collection system shall register the system with the department in accordance with this subsection on a form prepared and furnished by the department. The registration process required under this subsection must, at a minimum, require the owner of a municipal satellite collection system to provide the department with the following information: A. Contact information for the owner and the operator of the system; [PL 2017, c. 353, §3 (NEW).] B. Information on the publicly owned treatment works that the system discharges to; [PL 2017, c. 353, §3 (NEW).] C. Information on the geographic areas served by the system; [PL 2017, c. 353, §3 (NEW).] D. A basic map or schematic diagram of the system; and [PL 2017, c. 353, §3 (NEW).] E. System specifications, including, but not limited to, the number of miles of pipe within the system, the number and location of pump stations within the system and the number of customers served by the system. [PL 2017, c. 353, §3 (NEW).] [PL 2017, c. 353, §3 (NEW).]

3. Report of unauthorized discharge. The owner or operator of a municipal satellite collection system shall report to the department any unauthorized discharge in accordance with this subsection. A. An initial report of the unauthorized discharge must be provided orally to the department by the owner or operator of the system within 24 hours of the time the owner or operator becomes aware of the discharge. [PL 2017, c. 353, §3 (NEW).] B. A written report of the unauthorized discharge must be provided to the department by the owner or operator of the system within 5 days of the time the owner or operator becomes aware of the discharge. The written report must be submitted on a form prepared and furnished by the department and must contain information on the unauthorized discharge including, but not limited to, the cause of the discharge, the date and time of the discharge, the location of the discharge, information on any water bodies that may be impacted by the discharge, the number of gallons of wastewater discharged and, if the discharge has not been corrected at the time of the written report, the anticipated amount of time that the discharge is expected to continue and the steps that the owner or operator plans to implement to reduce and eliminate the discharge and prevent a recurrence of the discharge. [PL 2017, c. 353, §3 (NEW).] [PL 2017, c. 353, §3 (NEW).]
38 M.R.S. § 1319-J — ME Code / Title 38 / Chapter 13 / Section 1319-J
38 §1319-J. Liability
Status: in_force

Any person who permits, causes or is responsible for a discharge or threatened discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, including personnel costs, in the removal of the discharge or threatened discharge. Funds recovered under this section must be deposited to the account from which they were expended. Requests for reimbursement, if not made within 30 days of demand, must be turned over to the Attorney General for collection. [PL 2021, c. 186, §13 (AMD).]

In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge or threatened discharge. The State need only plead and prove the fact of the discharge or threatened discharge and that the discharge or threatened discharge occurred while the hazardous waste was in the custody or control of the person causing, permitting or responsible for the discharge or threatened discharge or that the discharge or threatened discharge occurred at or involved any real property, structure, equipment or conveyance under the custody or control of that person. [PL 1981, c. 478, §7 (NEW).]
38 M.R.S. § 702 — ME Code / Title 38 / Chapter 5 / Section 702
38 §702. --service
Status: in_force

The complaint shall be filed and service made as in other actions.
38 M.R.S. § 1729 — ME Code / Title 38 / Chapter 17 / Section 1729
38 §1729. Dissolution
Status: in_force

1. Method. In the event all member municipalities vote to withdraw pursuant to section 1728 , the board of directors shall vote to dissolve the district. The board of directors may, at any time by 2/3 vote, recommend to the member municipalities that the district be dissolved. If such a recommendation is made, the municipal officers in each member municipality shall cause the question of dissolving the district to be put to the voters in each municipality in referendum. If the voters in 2/3 of the municipalities vote to dissolve the district, the district shall be dissolved by the board of directors at a time fixed by the board of directors. [PL 1983, c. 820, §2 (NEW).]

2. Assets and liabilities. Upon dissolution, the directors shall wind up the affairs of the district and shall liquidate the district's assets and liabilities as follows: A. Pay all expenses and debts of the district; and [PL 1983, c. 820, §2 (NEW).] B. Distribute all assets and liabilities proportionately among the member municipalities in accordance with the formula contained in section 1754 for guarantees and assessments. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]

3. Filing of articles of dissolution. A copy of the articles of dissolution shall be filed with the Secretary of State by the board of directors. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 349-Q — ME Code / Title 38 / Chapter 2 / Section 349-Q
38 §349-Q. Application
Status: in_force

This subchapter does not limit any authority of the department to adjust or otherwise mitigate any penalty imposed or sought by the department for a violation when the regulated entity responsible for the violation does not receive an incentive under this subchapter for the same violation. [PL 2011, c. 304, Pt. A, §1 (NEW).]
38 M.R.S. § 957-B — ME Code / Title 38 / Chapter 6 / Section 957-B
38 §957-B. Limited Residential District
Status: in_force

1. Areas to be included. The Limited Residential District shall include lands within the corridor which may be suitable for development, but which are not necessary for the growth of areas of intensive development. The Limited Residential District shall serve as the residuary district and shall include all areas within the corridor which are not included in the Resource Protection or General Development Districts. [PL 1979, c. 459, §1 (NEW).]

2. Uses for which no permit from the commission is required. Uses for which no permit from the commission is required within the Limited Residential District shall include those uses for which no permit from the commission is required within the Resource Protection District. [PL 1979, c. 459, §1 (NEW).]

3. Uses allowed by permit. Uses within the Limited Residential District which may be allowed by permit shall include: A. Uses allowed by permit within the Resource Protection District; [PL 1979, c. 459, §1 (NEW).] B. Roads; [PL 1979, c. 459, §1 (NEW).] C. Commercial establishments related, necessary and accessory to uses allowed without permit, except as prohibited by subsection 4 ; [PL 1979, c. 459, §1 (NEW).] D. Home occupations or enterprises; [PL 1979, c. 459, §1 (NEW).] E. Single-family residences and accessory structures meeting all of the following performance standards: (1) The minimum lot frontage on the river measured at the normal or mean high water line is 100 feet; (2) The minimum setback of any building is 100 feet from the normal or mean high water line of the river and is 75 feet from the normal or mean high water line of any tributary stream; (3) The combined river frontage and setback of any building is not less than 500 feet; (4) The structures and fill do not encroach on the 100-year floodplain; (5) Where there is an accepted road or public right-of-way, as of March 19, 1974, within 500 feet of the normal or mean high water mark of the river with different land ownership on either side of the road or public right-of-way, the landowner on the far side of the road or public right-of-way from the river has an aggregate of setback from the river and frontage on the far side of the road or public right-of-way equal to 500 feet; (6) Where there is a recorded subdivision, as of March 19, 1974, "frontage," for the purposes of determining compliance with this section, means lot frontage on the side of the lot nearest to and most nearly parallel to the river; and (7) Where a landowner, as of March 19, 1974, owns a lot abutting land owned by a public utility, and the public utility land lies between the abutting landowner's lot and the river, "frontage," for the purpose of determining compliance with this section, means the frontage on the side of the lot abutting that public utility land that is nearest to and most nearly parallel to the river; [PL 1995, c. 171, §7 (AMD).] F. Libraries and firehouses; [PL 1979, c. 459, §1 (NEW).] G. Public utility structures; [PL 1979, c. 459, §1 (NEW).] H. Necessary expansion or enlargement of nonconforming uses; and [PL 1979, c. 459, §1 (NEW).] I. Reconstruction of nonconforming structures damaged or destroyed by casualty. [PL 1979, c. 459, §1 (NEW).] [PL 1995, c. 171, §7 (AMD).]

4. Prohibited uses. Prohibited uses within the Limited Residential District shall include: A. Hotels, motels, mobile home parks and trailer courts; [PL 1979, c. 459, §1 (NEW).] B. Restaurants, cafeterias or other commercial establishments involved in the preparation or sale of food or other beverages; [PL 1979, c. 459, §1 (NEW).] C. Commercial uses other than those undertaken and permitted pursuant to subsections 2 and 3 ; [PL 1979, c. 459, §1 (NEW).] D. Any fill or deposit of materials, or dredging or alteration of wetlands, not permitted as accessory to uses allowed within this district; [PL 1979, c. 459, §1 (NEW).] E. Manufacturing and industrial uses; [PL 1979, c. 459, §1 (NEW).] F. Hospitals and clinics; [PL 1979, c. 459, §1 (NEW).] G. Billboards; and [PL 1979, c. 459, §1 (NEW).] H. All uses prohibited in the General Development District. [PL 1979, c. 459, §1 (NEW).] [PL 1979, c. 459, §1 (NEW).]
38 M.R.S. § 3105 — ME Code / Title 38 / Chapter 33 / Section 3105
38 §3105. Labels; stamps; brand names
Status: in_force

1. Labels. Except as provided under subsection 4 , the refund value, or the words "refund value" or the abbreviation "RV," and the word "Maine" or the abbreviation "ME" must be clearly indicated on every refundable beverage container sold or offered for sale by a dealer in this State, by embossing, stamping, labeling or other method of secure attachment to the beverage container, except in instances when the initiator of deposit has specific permission from the department to use stickers or similar devices. The refund value may not be indicated on the bottom of the container. [PL 2023, c. 482, §8 (AMD).]

2. Labels; nonrefillable containers; nonexclusive distributorships. [PL 2023, c. 482, §9 (RP).]

3. Labels; nonrefillable containers; exclusive distributorships. [PL 2023, c. 482, §10 (RP).]

4. Refillable beverage containers. Refillable beverage containers for which the deposit is initiated under section 3103 that have a refund value of not less than 5¢ and a brand name permanently marked on the container are not required to comply with subsection 1 . [PL 2023, c. 482, §11 (AMD).]

5. Label registration. An initiator of deposit shall register the container label of any beverage offered for sale in the State on which it initiates a deposit. Registration must be on forms or in an electronic format provided by the department prior to July 15, 2026 and by the cooperative beginning July 15, 2026 and must include the universal product code for each combination of beverage and container manufactured. The initiator of deposit shall renew a label registration annually and whenever that label is revised by altering the universal product code or whenever the container on which it appears is changed in size, composition or glass color. The initiator of deposit shall also include as part of the registration identification of a collection agent, identification of all of the parties to a commingling agreement that applies to the container and proof of the collection agreement. A. Prior to July 15, 2026, the department may charge a fee for registration and registration renewals under this subsection. [PL 2025, c. 241, §1 (AMD).] B. Beginning July 15, 2026, a commingling group shall ensure that all initiators of deposit participating in the commingling group provide to the cooperative accurate and up-to-date label registration information required by this subsection and that any updates to label registrations are provided to the cooperative at least 30 days prior to introduction for sale in the State. The cooperative shall ensure that accurate and up-to-date information regarding all label registrations is shared with entities using or administering reverse vending machine and account-based bulk processing programs and is made available on its publicly accessible website. [PL 2025, c. 241, §1 (AMD).] [PL 2025, c. 241, §1 (AMD).]

6. Removal of product. A product that is sold or distributed in the State that is not in compliance with the initiator of deposit or the labeling registration requirements established in this section may be removed from sale by the department. [PL 2015, c. 166, §14 (NEW).]
38 M.R.S. § 726 — ME Code / Title 38 / Chapter 5 / Section 726
38 §726. No abatement by death
Status: in_force

No complaint for so flowing lands or diverting water abates by the death of any party thereto; but it may be prosecuted or defended by the surviving plaintiffs or defendants, or the executors or administrators of the deceased.
38 M.R.S. § 1703 — ME Code / Title 38 / Chapter 17 / Section 1703
38 §1703. Purposes
Status: in_force

The purposes of each district formed under this chapter are to construct, maintain, operate or otherwise provide for a system of solid waste management for domestic, commercial and industrial solid waste and, in conjunction, to foster resource conservation and resource recovery for public purposes and for the health, welfare, comfort and convenience of the inhabitants of the district. It is anticipated that, in the furtherance of the purpose and declaration of policy of this Act, each district may contract and otherwise act in conjunction with a variety of public, private and municipal firms, corporations and persons. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 3004 — ME Code / Title 38 / Chapter 31 / Section 3004
38 §3004. Contents of environmental covenant
Status: in_force

1. Required contents. An environmental covenant must: A. State that the instrument is an environmental covenant executed pursuant to this chapter; [PL 2005, c. 370, §1 (NEW).] B. Contain a legally sufficient description of the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] C. Describe the activity and use limitations on the real property; [PL 2005, c. 370, §1 (NEW).] D. Identify every holder; [PL 2005, c. 370, §1 (NEW).] E. Be signed by the agency, every holder and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant, except that the agency may not waive signature by an owner of the fee simple who is the current occupant of the real estate, if any; and [PL 2005, c. 370, §1 (NEW).] F. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant. [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

2. Permissible contents. In addition to the information required by subsection 1 , an environmental covenant may contain other information, restrictions and requirements agreed to by the persons that signed it, including: A. Any requirements for notice following transfer of a specified interest in the property subject to the covenant, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting any contamination on the property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] B. Any requirements for periodic reporting describing compliance with the covenant; [PL 2005, c. 370, §1 (NEW).] C. Any rights of access to the property granted in connection with implementation or enforcement of the covenant; [PL 2005, c. 370, §1 (NEW).] D. A brief narrative description of any contamination and its remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination; [PL 2005, c. 370, §1 (NEW).] E. Any limitation on amendment or termination of the covenant in addition to those contained in sections 3009 and 3010 ; and [PL 2005, c. 370, §1 (NEW).] F. Any rights of the holder in addition to the holder's right to enforce the covenant pursuant to section 3011 . [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

3. Additional signatories. In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant. [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 414-C — ME Code / Title 38 / Chapter 3 / Section 414-C
38 §414-C. Color pollution control
Status: in_force

1. Color pollution control; finding. The Legislature finds that further, rigorous control of color, odor and foam pollutants is consistent with modernization of the State's kraft pulp industry and that process technologies to accomplish this objective will enhance the competitive position of this industry. [PL 1989, c. 864, §1 (NEW).]

2. Best practicable treatment; color pollution. For the purposes of section 414‑A, subsection 1, paragraph D , "best practicable treatment" for color pollution control for discharges of color pollutants from the kraft pulping process is: A. For discharges licensed and in existence prior to July 1, 1989: (1) On July 1, 1998 and until December 31, 2000, 225 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and (2) On and after January 1, 2001, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis; and [PL 1997, c. 444, §1 (RPR).] B. For discharges licensed for the first time after July 1, 1989, 150 pounds or less of color pollutants per ton of unbleached pulp produced, measured on a quarterly average basis. [PL 1989, c. 864, §1 (NEW).] A discharge from a kraft pulp mill that is in compliance with this subsection is exempt from the provisions of subsection 3 . [PL 1997, c. 444, §1 (AMD).]

3. Instream color pollution standard. An individual waste discharge may not increase the color of any water body by more than 20 color pollution units. The total increase in color pollution units caused by all waste discharges to the water body must be less than 40 color pollution units. This subsection applies to all flows greater than the minimum 30-day low flow that can be expected to occur with a frequency of once in 10 years. A discharge that is in compliance with this subsection is exempt from the provisions of subsection 2, paragraph A . Such a discharge may not exceed 175 pounds of color pollutants per ton of unbleached pulp produced after January 1, 2001. [PL 1997, c. 444, §2 (AMD).]

4. Schedule of compliance. [PL 1997, c. 444, §3 (RP).]

4-A. Compliance deadlines. [PL 1997, c. 444, §4 (RP).]

4-B. Progress report. [PL 1997, c. 444, §4 (RP).]

4-C. Color reduction evaluation. If a discharge is not in compliance with either subsection 2 or 3 after January 1, 2001, the kraft pulp mill with a noncompliant discharge shall evaluate the potential for further color reductions. This evaluation must include the identification of each internal source of color, the contribution of color from each internal source, the options available for further color reductions for each internal source, the cost of these options for each internal source, the estimated final color discharge after implementation of the options given in pounds of color per ton of unbleached product and an assessment of the final impact on the in-stream color after implementation of the options including the amount of change expressed in color pollution units. This evaluation must be submitted to the commissioner for review no later than July 1, 2001 and by September 1, 2001 the commissioner shall modify the license to provide for a mill-specific best practicable treatment and compliance schedule. [PL 1997, c. 444, §5 (NEW).]

5. Interstate waters. For the purposes of the commissioner's responsibilities under the Federal Water Pollution Control Act, Public Law 92-500, Section 401(a)(2), as amended, the commissioner shall find that the discharge of color pollution in excess of the standard established under subsection 2, paragraph A , into any surface water that subsequently enters the State affects the quality of the State's waters so as to violate the water quality requirements of the State. [PL 1989, c. 864, §1 (NEW).]

6. Monitoring established. The commissioner shall incorporate as part of the department's ongoing water quality monitoring program, monitoring of color, odor and foam pollutants. [PL 1997, c. 444, §6 (AMD).]
38 M.R.S. § 1318-C — ME Code / Title 38 / Chapter 13 / Section 1318-C
38 §1318-C. Spill prevention control and clean-up plan
Status: in_force

A responsible party may develop and submit to the commissioner spill prevention, control and clean-up plans referred to in this section as "the plan" to address discharges of hazardous matter. [PL 1991, c. 208, §3 (NEW).]

1. Plan content. Spill prevention control and clean-up plans must include at a minimum the following information: A. The hazardous matter and substances covered including the reportable quantity for each hazardous matter and mixture measured in pounds if a solid and in pounds and gallons if a liquid; [PL 1993, c. 355, §53 (AMD).] B. Any containment and diversionary structures or equipment where appropriate; [PL 1991, c. 208, §3 (NEW).] C. Inspection, maintenance and testing procedures for storage and containment areas; [PL 1991, c. 208, §3 (NEW).] D. A list of emergency response equipment and locations and a description of the capabilities of the equipment; [PL 1991, c. 208, §3 (NEW).] E. A description of employee training programs; [PL 1991, c. 208, §3 (NEW).] F. A description of areas in need of protection and method of protection; [PL 1991, c. 208, §3 (NEW).] G. A description of discharge detection devices and emergency warning systems; [PL 1991, c. 208, §3 (NEW).] H. A list of on-site emergency coordinators and the qualifications of on-site trained employee responders; [PL 1991, c. 208, §3 (NEW).] I. A description of evacuation procedures and assembly points; [PL 1991, c. 208, §3 (NEW).] J. Notification procedures for federal, state and local officials; [PL 1991, c. 208, §3 (NEW).] K. Procedures for supplying written reports to the department; [PL 1991, c. 208, §3 (NEW).] L. General response and clean-up protocols by substance or substance class; [PL 1991, c. 208, §3 (NEW).] M. Specific on-site containment, treatment or removal plans; [PL 1991, c. 208, §3 (NEW).] N. A description of the record-keeping process for responses involving the implementation of this plan; [PL 1991, c. 208, §3 (NEW).] O. A description and copies of mutual aid agreements and any agreements with clean-up contractors; and [PL 1991, c. 208, §3 (NEW).] P. A promulgation statement and date of plan adoption. [PL 1991, c. 208, §3 (NEW).] [PL 1993, c. 355, §53 (AMD).]

2. Submission. The plan and all amendments to the plan must be submitted to the commissioner upon adoption or amendment. [PL 1991, c. 208, §3 (NEW).]

3. Amendments. The plan must be amended as necessary to reflect current conditions at the facility or as determined appropriate by the facility or state agencies. [PL 1991, c. 208, §3 (NEW).]
38 M.R.S. § 1452 — ME Code / Title 38 / Chapter 14-A / Section 1452
38 §1452. Consent of Legislature for federal radioactive waste storage facilities
Status: in_force

Notwithstanding any other provision of law, this State does not consent to the acquisition by the Federal Government, by purchase, condemnation, lease, easement or by any other means, of any land, building or other structure, above or below ground, or in or under the waters of the State for use in storing, depositing or treating high-level or low-level radioactive waste materials. The Legislature may consent, by prior affirmative vote, to such activities, except that consent is expressly withheld for any such activity undertaken in connection with the deep geological disposal of high-level radioactive waste, as provided in section 1461‑A . [PL 1985, c. 802, §5 (AMD).]
38 M.R.S. § 419-C — ME Code / Title 38 / Chapter 3 / Section 419-C
38 §419-C. Prevention of the spread of invasive aquatic plants
Status: in_force

1. Prohibition. A person may not: A. Transport any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, on the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; [PL 1999, c. 722, §2 (NEW).] B. Possess, import, cultivate, transport or distribute any invasive aquatic plant or parts of any invasive aquatic plant, including roots, rhizomes, stems, leaves or seeds, in a manner that could cause the plant to get into any state waters; [PL 2003, c. 627, §6 (AMD).] C. After September 1, 2000, sell or offer for sale in this State any invasive aquatic plant or any plant of the species and varieties in the genus Myriophyllum that is indigenous to the State; or [PL 2023, c. 5, §2 (AMD).] D. Fail to remove any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, from the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; or [PL 2023, c. 190, §1 (AMD).] E. Drain or release water held on or within a watercraft, allowing that water to enter any inland water body of the State. This restriction applies solely to water transported from a different water source. For the purposes of this paragraph, "watercraft" has the same meaning as in Title 12, section 13001, subsection 28 . [PL 2023, c. 190, §2 (NEW).] [PL 2023, c. 5, §2 (AMD); PL 2023, c. 190, §§1, 2 (AMD).]

1-A. Draining of watercraft and equipment. Just prior to launching and when removing a watercraft from an inland water body and prior to transport away from the launch site, a person: A. Shall remove or open any hull drain plugs, bailers, valves, live wells, ballast tanks and other devices designed for routine removal or opening and closing to encourage water to drain from areas containing water. Containers holding live baitfish for personal or commercial use are exempted from requirements in this subsection; and [PL 2023, c. 190, §3 (NEW).] B. May not allow drains to be opened in a way that allows water to enter any inland water body of the State pursuant to subsection 1, paragraph E . [PL 2023, c. 190, §3 (NEW).] For the purposes of this subsection, "watercraft" has the same meaning as in Title 12, section 13001, subsection 28 . Nothing in this subsection allows a person to directly or indirectly discharge pollutants into any inland water body of the State. This subsection does not apply to emergency response watercraft and their related equipment. [PL 2023, c. 190, §3 (NEW).]

2. Penalty. A person who violates this section commits a civil violation for which a forfeiture not to exceed $500 may be adjudged for the first violation and a forfeiture not to exceed $2,500 may be adjudged for a subsequent violation. [PL 2001, c. 434, Pt. A, §6 (AMD).]
38 M.R.S. § 1495 — ME Code / Title 38 / Chapter 14-A / Section 1495
38 §1495. Limiting provisions
Status: in_force

The provisions of this Act shall not apply: [IB 1985, c. 1 (NEW).]

1. Power plant waste facilities having all licenses, permits, approvals, etc., for construction and operation. To any nuclear power plant or facility for the disposal or storage of low-level radioactive wastes if, prior to May 1, 1984, such power plant or waste facility has obtained all federal, state and local licenses, permits, certificates, variances and other approvals necessary for the construction and operation thereof; or [IB 1985, c. 1 (NEW).]

2. Facilities used to store or dispose of wastes generated through medical or bioresearch applications. To any facility solely for the disposal or storage of low-level radioactive wastes generated within the State of Maine through medical or bioresearch applications. [IB 1985, c. 1 (NEW).]
38 M.R.S. § 1728 — ME Code / Title 38 / Chapter 17 / Section 1728
38 §1728. Withdrawal of member municipalities
Status: in_force

Withdrawal of a member municipality may take place at any time prior to the commitment by the district, or any member municipality on behalf of the district, to issue any instrument of indebtedness, including, but not limited to, bonds and notes with a maturity of one year or more. The date upon which a district or member municipality is committed to issue the debt shall be established by a majority vote of the board of directors, at least 90 days in advance of that date. At the time of withdrawal, the withdrawing municipality shall remain liable for its proportionate share of district debts and operating expenses incurred prior to the date of withdrawal, and shall make provisions satisfactory to the board of directors to pay its share of the debt outstanding at the time of withdrawal. [PL 1983, c. 820, §2 (NEW).]

After issuance of instruments of indebtedness with a maturity of one year or more, no member municipality may withdraw from the district while the indebtedness remains outstanding without the approval of a simple majority vote of the board of directors of the district. A withdrawing municipality shall make provisions satisfactory to the board of directors to pay its share of debt outstanding at the time of withdrawal. [PL 1983, c. 820, §2 (NEW).]

In considering the request of a municipality to withdraw, the board of directors shall consider the effect of the proposed withdrawal on the ability of the district to continue operating its waste facility in a manner and at a cost to the remaining member municipalities which is reasonable in comparison with costs experienced by the member municipalities over the most recent 3 fiscal years. The board of directors shall consider the effect on tipping fees and other costs, as well as the effect on revenue from the sale of power caused by the loss of the amount of waste contributed by the withdrawing municipality. [PL 1983, c. 820, §2 (NEW).]

If the withdrawal causes the costs of the other member municipalities to increase by reducing the efficiency of the waste facility, the withdrawing municipality may be required by the board of directors as a condition of withdrawal either to secure an alternate and equivalent source of waste for the district, both in quality and quantity, or to execute an agreement to make payments to the district for a period of 5 years following withdrawal, which will cause the cost of the other member municipalities to remain constant over that period, when adjusted annually for the effect of all other factors on such costs. [PL 1983, c. 820, §2 (NEW).]

Subject to any required approval by the board of directors of the district, withdrawal by a municipality may be accomplished by a vote of the inhabitants of the municipality, or by determination of the municipal officers, in the same manner as the decision to join in the formation of the district under section 1721 . The town meeting or city election, as the case may be, to consider withdrawal shall be called by the municipal officers upon receipt of a petition of 10% of the number of voters in the municipality who voted in the last gubernatorial election. The question to be voted upon shall be in substantially the following form: To see if the town (or city) of (name of town or city) will vote to withdraw from (name of disposal district). [PL 1983, c. 820, §2 (NEW).]

The number of votes required for passage shall be 2/3 of those voting. [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 3005 — ME Code / Title 38 / Chapter 31 / Section 3005
38 §3005. Validity; effect on other instruments
Status: in_force

1. Runs with land. An environmental covenant that complies with this chapter runs with the land. [PL 2005, c. 370, §1 (NEW).]

2. Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if: A. It is not appurtenant to an interest in real property; [PL 2005, c. 370, §1 (NEW).] B. It can be or has been assigned to a person other than the original holder; [PL 2005, c. 370, §1 (NEW).] C. It is not of a character that has been recognized traditionally at common law; [PL 2005, c. 370, §1 (NEW).] D. It imposes a negative burden; [PL 2005, c. 370, §1 (NEW).] E. It imposes an affirmative obligation on a person having an interest in the real property or on the holder; [PL 2005, c. 370, §1 (NEW).] F. The benefit or burden does not touch or concern real property; [PL 2005, c. 370, §1 (NEW).] G. There is no privity of estate or contract; [PL 2005, c. 370, §1 (NEW).] H. The holder dies, ceases to exist, resigns or is replaced; or [PL 2005, c. 370, §1 (NEW).] I. The owner of an interest subject to the environmental covenant and the holder are the same person. [PL 2005, c. 370, §1 (NEW).] [PL 2005, c. 370, §1 (NEW).]

3. Instrument recorded prior to effective date of chapter. An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument. [PL 2005, c. 370, §1 (NEW).]

4. Not invalidate or render unenforceable. This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343‑E . [PL 2005, c. 370, §1 (NEW).]
38 M.R.S. § 994 — ME Code / Title 38 / Chapter 8 / Section 994
38 §994. Creation of St. Croix International Waterway Commission
Status: in_force

To carry out the purposes of this chapter, there is created the St. Croix International Waterway Commission. The objectives of the commission are, to the extent permitted by the laws of the United States and Canada, to: [PL 1987, c. 470, §2 (NEW).]

1. Encourage wise use. Encourage continued wise use of the river system and adjacent lands for maximum economic benefit of the people of the region; [PL 1987, c. 470, §2 (NEW).]

2. Protect recreational resources. Protect and coordinate the management of an increasingly valuable natural and recreational resource for current and future usage; [PL 1987, c. 470, §2 (NEW).]

3. Encourage back country experience. Encourage and maintain a high quality back country recreational and educational experience for users of the resource; [PL 1987, c. 470, §2 (NEW).]

4. Encourage tourism. Encourage tourism, based on identified themes, with resultant economic benefits to the region; [PL 1987, c. 470, §2 (NEW).]

5. Promote heritage. Protect and promote awareness of human heritage resources, including both Indian and early European; [PL 1987, c. 470, §2 (NEW).]

6. Coordinate shared resource. Ensure coordination in the planning and management of a shared resource; [PL 1987, c. 470, §2 (NEW).]

7. Ensure fair use. Establish the mechanisms and processes to be used to ensure fair representation of all user groups, thereby minimizing conflicts; and [PL 1987, c. 470, §2 (NEW).]

8. Obtain optimal benefits. Obtain optimal benefits from recreational and educational use of the resource, while recognizing the historic and current economic importance of the forest resource, including its management and commercial utilization. [PL 1987, c. 470, §2 (NEW).]
38 M.R.S. § 1496 — ME Code / Title 38 / Chapter 14-A / Section 1496
38 §1496. Nullifying previous compacts or agreements
Status: in_force

Any compact, agreement or contract into which the State of Maine has entered with any individual, corporation or partnership or with any other state or states or the Federal Government between May 1, 1984, and the effective date of this Act concerning the disposal or storage of low-level radioactive wastes shall be null and void. [IB 1985, c. 1 (NEW).]
38 M.R.S. § 1161 — ME Code / Title 38 / Chapter 11 / Section 1161
38 §1161. Injury to property of districts
Status: in_force

Any person who shall place, discharge or leave any offensive or injurious matter or material on or in the conduits, catch basins or receptacles of any sanitary district formed under this chapter contrary to its regulations, or shall knowingly injure any conduit, pipe, reservoir, flush tank, catch basin, manhole, outlet, engine, pump or other property held, owned or used by that district shall be liable to pay twice the amount of the damages to the district, to be recovered in any proper action; and that person and any person who violates section 1159 and 1160 shall be guilty of a Class E crime. [PL 1977, c. 696, §347 (RPR).]
38 M.R.S. § 1208-A — ME Code / Title 38 / Chapter 11 / Section 1208-A
38 §1208-A. Waiver of automatic foreclosure of lien mortgage
Status: in_force

1. Waiver of sanitary district lien foreclosure. The treasurer of a district, when authorized by the trustees of the district, may waive the foreclosure of a sanitary district lien mortgage created under section 1208 by recording in the registry of deeds a waiver of foreclosure before the period for the right of redemption from the sanitary district lien mortgage has expired. The sanitary district lien mortgage remains in full effect after the recording of a waiver. Other methods established by law for the collection of any unpaid rate, toll, rent or other charges are not affected by the filing of a waiver under this section. [PL 2009, c. 490, §2 (NEW).]

2. Form. The waiver of foreclosure under subsection 1 must be substantially in the following form: STATE OF MAINE .....................SANITARY DISTRICT WAIVER OF AUTOMATIC FORECLOSURE OF SEWER LIEN Title 38, M.R.S.A., section 1208-A The foreclosure of the sewer lien mortgage on real estate for charges against ..........(NAME) to ..........(NAME OF SANITARY DISTRICT) dated .......... and recorded in the .......... County Registry of Deeds in Book .........., Page .......... is hereby waived. The form must be dated, signed by the treasurer of the district and notarized. A copy of the form must be provided to the party named on the sanitary district lien mortgage and each record holder of a mortgage on the real estate. [PL 2009, c. 490, §2 (NEW).]
38 M.R.S. § 2192 — ME Code / Title 38 / Chapter 24 / Section 2192
38 §2192. Purposes of the fees
Status: in_force

The fees charged to users of state-owned facilities and established by the bureau under this article, by rule, provide revenue for the following purposes: [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

1. Current expenses. To pay the current expenses, either incurred directly or through contractual agreements with another party or parties, for operating and maintaining a facility or delivering a service and to provide for normal maintenance and replacement of equipment. Current expenses also include costs incurred under subchapter 5 ; [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

2. Interest. To provide for the payment of interest on the indebtedness created or assumed by the bureau; [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

3. Indebtedness. To provide an annual sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the bureau, which sum must be turned into a sinking fund and there maintained to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund must be devoted to the retirement of the term obligations of the bureau and may be invested in such securities as savings banks in the State are allowed to hold; [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

4. Principal payments. To provide for annual principal payments on serial indebtedness created or assumed by the bureau; [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]

5. Contingency reserve fund allowance. To provide for a contingency reserve fund allowance by providing rates to reflect up to a 5% addition to yearly revenues over that required to operate the facility; [PL 1989, c. 585, Pt. A, §7 (NEW).]

6. Closing reserve fund. To provide for a closing and monitoring reserve fund by providing rates which, over the expected life span of the facility including the post-closure monitoring period, will generate the amount determined to be necessary by the department in its licensing process under chapter 13 ; and [PL 1989, c. 585, Pt. A, §7 (NEW).]

7. Compliance costs. To provide for the costs associated with licensing, compliance and enforcement efforts of the department. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 412-B — ME Code / Title 38 / Chapter 3 / Section 412-B
38 §412-B. Consultation on waste water disposal
Status: in_force

1. Consultation on disposal methods. The commissioner shall consult with and advise any person proposing or operating drainage, sewerage or industrial waste systems as to the best methods of disposal. In making recommendations, the commissioner shall consider the needs of the municipality, other municipalities and other persons affected. [PL 1989, c. 890, Pt. A, §36 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

2. Consultation on water pollution abatement and prevention. The commissioner may consult with and advise persons or corporations who are licensed or apply for a license under this subchapter on water pollution abatement and prevention. [PL 1989, c. 890, Pt. A, §36 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]

3. Submission of plans for waste disposal. Any person who proposes a new system of drainage, sewage disposal, sewage treatment or industrial waste disposal into any waters of the State shall submit plans and specifications for the system to the commissioner for approval. Purely storm water systems located in or on or draining from public ways and any alterations in existing facilities are exempt from this requirement. [PL 1989, c. 890, Pt. A, §36 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).]
38 M.R.S. § 284 — ME Code / Title 38 / Chapter 1 / Section 284
38 §284. Operation under influence of drugs or liquor
Status: in_force

Whoever operates any watercraft, vessel, water skis, surfboard, similar device or motorboat, however propelled, upon the tidewaters of any municipality or upon any of the offshore waters within the jurisdiction of this State while intoxicated or under the influence of any narcotic drug, barbiturate or cannabis, shall be guilty of a Class E crime. [PL 1977, c. 696, §339 (RPR); PL 2021, c. 669, §5 (REV).]
38 M.R.S. § 2330 — ME Code / Title 38 / Chapter 27 / Section 2330
38 §2330. Fees
Status: in_force

The commissioner shall deposit all money received in payment of fees under this section in a separate nonlapsing account within the Maine Hazardous Waste Fund to cover expenses incurred by the department in the administration of this chapter. [PL 2009, c. 579, Pt. A, §3 (NEW).]

1. Facilities subject to reporting under SARA, Title III, Section 312. An owner or operator of a facility that is required to report the presence of extremely hazardous substances under the SARA, Title III, Section 312 shall submit $100 for each extremely hazardous substance reported by the facility to the department annually by October 1st. For purposes of this subsection, "extremely hazardous substance" has the same meaning set forth in the SARA, Title III, Section 302 and listed in 40 Code of Federal Regulations, Part 355. [PL 2009, c. 579, Pt. A, §3 (NEW).]

2. Facilities subject to reporting under SARA, Title III, Section 313. An owner or operator of a facility that is required to report the release of chemicals under the SARA, Title III, Section 313 shall submit $100 for each toxic release inventory chemical reported by the facility to the department annually by October 1st. For purposes of this subsection, "toxic release inventory chemical" means any substance in a gaseous, liquid or solid state listed pursuant to the SARA, Title III, Section 313 and listed in 40 Code of Federal Regulations, Part 372.65. [PL 2009, c. 579, Pt. A, §3 (NEW).]

3. Hazardous waste generators. Generators that ship 661 pounds or more of hazardous waste in a calendar year shall pay the following fees to the department annually by October 1st: for generators that ship 5,000 pounds or more of hazardous waste in a calendar year, the fee is $1,000; for generators that ship between 2,640 pounds and 4,999 pounds per calendar year, the fee is $500; and for generators that ship between 661 pounds and 2,639 pounds per calendar year, the fee is $100. Generators that ship less than 661 pounds of hazardous waste in a calendar year are not required to pay fees under this section. [PL 2009, c. 579, Pt. A, §3 (NEW).]

4. Fee limitation. A facility subject to fees under this section may not be assessed more than $1,000 per year. [PL 2009, c. 579, Pt. A, §3 (NEW).]

5. Effective date. This section takes effect July 1, 2012. [PL 2009, c. 579, Pt. A, §3 (NEW).]
38 M.R.S. § 1704 — ME Code / Title 38 / Chapter 17 / Section 1704
38 §1704. Exemption from taxation
Status: in_force

1. Exemption. As formerly provided in section 1554 , the property, both real and personal, rights and franchises, of any district formed under this chapter shall be exempt from taxation. [PL 1983, c. 820, §2 (NEW).]

2. Limitation. Notwithstanding subsection 1 , the land of any district formed under this chapter shall be subject to property taxation in the jurisdiction where the property is located. [PL 1983, c. 820, §2 (NEW).]

3. Payments in lieu of taxes. A district may elect to make payments in lieu of taxes to communities in which its property is located or utilized. [PL 1983, c. 820, §2 (NEW).]

4. Service charges permitted. A district shall be subject to service charges when these charges are calculated according to the actual cost of providing municipal services to the real property of the district and to the persons who use that property. These services shall include, but are not limited to: A. Fire protection; [PL 1983, c. 820, §2 (NEW).] B. Police protection; [PL 1983, c. 820, §2 (NEW).] C. Road maintenance and construction, traffic control, snow and ice removal; [PL 1983, c. 820, §2 (NEW).] D. Water and sewer service; [PL 1983, c. 820, §2 (NEW).] E. Sanitation services; and [PL 1983, c. 820, §2 (NEW).] F. Any services other than education and welfare. [PL 1983, c. 820, §2 (NEW).] [PL 1983, c. 820, §2 (NEW).]
38 M.R.S. § 2220 — ME Code / Title 38 / Chapter 24 / Section 2220
38 §2220. Bonds as legal investments
Status: in_force

The revenue obligation securities of the agency and any loan or extension of credit issued under this article shall be legal investments in which all public officers and public bodies of the State, its political subdivisions, all regional associations and municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons who are now or may later be authorized to invest bonds or other obligations of the State, may properly and legally invest funds, including capital, in their control or belonging to them. The revenue obligation securities and any loan or extension of credit which is issued under this subchapter are also made securities, which may properly and legally be deposited with all public officers and bodies of the State or any agency or political subdivisions and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be authorized by law. [PL 1989, c. 585, Pt. A, §7 (NEW).]
38 M.R.S. § 611 — ME Code / Title 38 / Chapter 5 / Section 611
38 §611. Owner or mortgagee in possession liable for acts of tenants
Status: in_force

The owner or mortgagee in possession, as well as any tenant, of any mill used for manufacturing lumber is liable for the acts of the tenant in unlawfully obstructing or diverting the water of any river or stream by the slabs or other mill waste from that mill, but no action may be maintained without a demand of damages, at least 30 days prior to its commencement. Such an unlawful obstruction or diversion by the tenant shall terminate, at the election of the owner or mortgagee and on written notice to the tenant, the tenancy. [PL 1987, c. 769, Pt. A, §179 (RPR).]
38 M.R.S. § 580 — ME Code / Title 38 / Chapter 3-B / Section 580
38 §580. Short title
Status: in_force

This chapter may be known and cited as "the Regional Greenhouse Gas Initiative Act of 2007." [PL 2007, c. 317, §17 (NEW).]
38 M.R.S. § 3104 — ME Code / Title 38 / Chapter 33 / Section 3104
38 §3104. Dealer as distributor
Status: in_force

Whenever a dealer or group of dealers receives a shipment or consignment of, or in any other manner acquires, beverage containers outside the State for sale to consumers in the State, the dealer or dealers shall comply with this chapter as if they were distributors, as well as dealers. [PL 2015, c. 166, §14 (NEW).]