An Act To Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Handling Facility Site in Plymouth LR 2715(02)
Maine Legislature, Session 121, LD 1863
Committee Amendment CA_A_S449 (Senate)
Amends: 10 MRSA §1023-M

COMMITTEE AMENDMENT "A, to S.P. 709, L.D. 1863, Bill, "An 
Act To Provide Additional Financing for Costs Associated with the 
Remediation of a Waste Oil Handling Facility Site in Plymouth" 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, Portland-Bangor Waste Oil Services, a defunct Maine 
corporation, operated a waste oil handling facility in Plymouth; 
and 
Whereas, this site is contaminated and must be cleaned up 
expeditiously to protect the public health, safety and welfare; 
and 
Whereas, 
investigation and 
cleanup of the site will be 
expensive; and 
Whereas, under state and federal law, any entity that sent 
waste oil or other contaminants to the site is a "responsible 
party" and, as such, is jointly and severally liable for the cost 
of investigation and cleanup; and 
Whereas, this liability may pose an extraordinary financial 
hardship to small businesses, municipalities and others who sent 
waste oil to the site; and 
Page l-LR2715(2) 
COMMITTEE AMENDMENT 
e". 
~-... 
COMMITTEE AMENDMENT .. A to S.P. 709, L.D. 1863 
Whereas, some waste oil handled at the site was collected 
from households as a public service and it is in the public 
interest to ensure 
the 
continued financial viability of 
the 
service 
station owners 
and 
other 
small 
business 
owners 
who 
provided this service; and 
Whereas, responsible parties at the Plymouth site have been 
asked to reimburse the United States Environmental Protection 
Agency for expenses incurred at that site; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency wi thin the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1023-M, sub-§§2-B and 2-C are enacted to 
read: 
2-B. 
Deadline for applications. 
Applications 
submitted 
pursuant to subsections 2 and 2-C 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. 
2-C. 
Remedial design: technical impracticability study. 
In 
addition to the uses authorized in subsection 2, money in the 
fund may be used for direct loans or deferred loans for remedial 
design or a technical impracticability study. 
Money may be used 
for remedial design only if the authority determines that the 
applicant has. signed the Administrative Order 
by Consent for 
remedial design in the matter of the West Site/Hows Corner, 
Maine. 
The provisions of subsection 2 apply to loans authorized 
under this subsection. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment adds an emergency clause and an emergency 
preamble to the bill. 
This amendment also avoids a conflict with 
newly enacted Public 
Law 
2003, 
chapter 
by striking the 
section concerning remedial design and technical impracticability 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~. to S.P. 709, L.D. 1863 
study and reformatting that provision as a unique subsection in 
the statutes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 03/12/04 ,;:t;pae 
Office of Fiscal and Program Review 
LD 1863 
An Act To Provide Additional Financing for Costs Associated with the 
Remediation of a Waste Oil Handling Facility Site in Plymouth 
LR 2715(02) 
Fiscal Note for Bill as Amended by Committee Amendment 'A 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
There are sufficient funds available in the Waste Oil Clean-Up Fund for this purpose. Additional costs to the Finance 
Authority of Maine can be absorbed utilizing existing budgeted resources. 
LR2715(2) - Fiscal Note - Page 1 of I