An Act to Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth
Maine Legislature, Session 121, LD 0645
Committee: Natural Resources
Sponsors: CARR, STANLEY, CLARK, CLOUGH, FAIRCLOTH, JACKSON, JODREY, SHERMAN
Amends: 10 MRSA §1023-M

Legislative Document 
No. 645 
H.P.475 
House of Representati ves, February 11, 2003 
An Act to Provide Additional Financing for Costs Associated with 
the Remediation of a Waste Oil Site in Plymouth 
(EMERGENCY) 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative CARR of Lincoln. 
Cosponsored by Senator STANLEY of Penobscot and 
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/J1.1lld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CLARK of Millinocket, CLOUGH of Scarborough, FAIRCLOTH of Bangor, 
JACKSON of Fort Kent, JODREY of Bethel, McGLOCKLIN of Embden, McGOWAN of 
Pittsfield, SHERMAN of Hodgdon. 
Printed on recycled paper 
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 
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 within 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. as amended by PL 200L c. 
561, §1, is further amended by amending the first paragraph 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 site remedial study, past cost settlement, implementation of 
institutional 
controls 
approved 
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: 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill authorizes 
the 
Finance Authority of 
Maine 
to 
provide interest-free loans to potentially responsible parties 
for 
the 
cost 
of 
implementing 
institutional 
controls 
at 
the 
federally designated Superfund site at Hows Corner in Plymouth.