An Act To Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Handling Facility Site in Plymouth (AFTER DEADLINE)
Maine Legislature, Session 121, LD 1863
Committee: Natural Resources
Sponsors: MARTIN, CARR, SA WYER, STANLEY, KOFFMAN
Amends: 10 MRSA §1023-M

Legislative Document 
No. 1863 
S.P.709 
In Senate, February 24, 2004 
An Act To Provide Additional Financing for Costs Associated with 
the Remediation of a Waste Oil Handling Facility Site in Plymouth 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
Cosponsored by Representative CARR of Lincoln and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: SA WYER of Penobscot, STANLEY of Penobscot, Representative: KOFFMAN of 
Bar Harbor. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1023-M, sub-§2, as amended by PL 2003, c. 
129, §§1 and 2 and affected by §5, is further amended to read: 
2. 
Eligibility 
to 
participate 
in 
loan 
program. 
The 
authority may use money in the fund to carry out any power of the 
authority under this section or under section 1026-S, including, 
but not limited to, the pledge or transfer and deposit of money 
in the fund as security for and the application of money in the 
fund in payment of principal, interest and other amounts due on 
insured loans. 
Money in the fund may be used for direct loans or 
deferred loans for all or part of the costs of the Plymouth waste 
oil 
si te 
remedial 
study, 
remedial 
design, 
technical 
impracticability study, past cost settlement, implementation of 
institutional 
controls 
selected 
by 
the 
United 
States 
Environmental Protection Agency to prevent use of contaminated 
groundwater by nearby residents and time-critical removal action 
costs when the authority determines that: 
A-I. 
The applicant has been identified by the United States 
Environmental Protection Agency as a potentially responsible 
party with respect to the waste oil disposal site and the 
applicant is alleged by the United States 
Environmental 
Protection 
Agency 
to 
have 
generated waste 
oil 
from 
an 
address or location within the State; 
B. 
The 
applicant has 
signed the Administrative Order 
by 
Consent pursuant to United States Environmental Protection 
Agency Docket No. CERCLA 1-2000-0004; 
B-1. 
The applicant has signed the West Si te/Hows Corner 
RI/FS Group Agreement; 
B-2. The applicant has entered into a consent decree with 
the 
United 
States 
and 
the 
State 
regarding 
past 
cost 
settlement at the Plymouth waste oil disposal site and the 
applicant is a participant in that consent decree or the 
applicant has entered into an inability-to-pay settlement 
with the United States Environmental Protection Agency; 
B-3. 
To the extent that money in the fund will be used for 
all or part of the costs of remedial design, the applicant 
has signed the Administrative Order by Consent for remedial 
design in the matter of the West Site/Hows Corner, Maine; 
C. 
The applicant is not a state or federal agency; and 
D. There is a reasonable likelihood that the applicant will 
be able to repay the loan. 
Page l-LR2715(1) 
Money in the fund may not be used for attorney's fees associated 
with 
costs 
of 
the 
Plymouth 
waste 
oil site 
remedial 
study, 
remedial 
design, 
technical 
impracticability study, 
past 
cost 
settlement, 
implementation 
of 
institutional 
controls 
or 
time-critical removal action, except that money in the fund may 
be used for attorney's fees 
incurred for 
the preparation of 
restrictive covenants, including deed and title research, for the 
properties within 
the 
area identified by 
the 
United States 
Environmental Protection Agency as the institutional control zone 
in order to implement the institutional controls selected by the 
United States Environmental Protection Agency. 
A past cost settlement share may not be paid from the fund to a 
person if the United States Environmental Protection Agency has 
waived payment of the share based on the person's financial 
capacity. 
The authority may condition payments related to the 
Plymouth waste oil disposal site on receipt of an ability-to-pay 
determination from the agency. 
The authority, pursuant to Title 5, chapter 375, subchapter II ~, 
shall 
adopt 
rules 
for 
determining 
eligibility, 
feasibility, 
terms, 
conditions, security and fees for the loans, 
including 
deferred loans. 
The authority shall adopt rules that provide for 
a simplified loan application process for loan requests of under 
$2000. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
II-A 2-A. 
The authority shall charge an interest rate of 0°'0 on 
all loans. 
Loan repayment must be deferred until the United 
States 
Environmental 
Protection 
Agency 
determines 
that 
construction of the final 
remedy is complete. 
If the total 
amount of the loan requests exceeds funds available under section 
1023-L, 
the authority shall prorate the 
amount 
of 
the 
loan 
available to each applicant by the ratio of the funds available 
to the total loans requested. 
Sec. 2. 10 MRSA §1023-M, sub-§2-B is enacted to read: 
2-B. 
Deadline 
for 
applications. 
Applications 
submitted 
pursuant to subsection 2 must be received within 90 days after 
the effective date of this subsection, except that the authority 
may extend that deadline by an additional period of time not to 
exceed 60 days for good cause shown. 
This bill specifies 
Fund may be used for the 
impracticability study. 
SUMMARY 
that money in the Waste Oil Clean-up 
costs of remedial design and technical