An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 122, LD 1588
Committee: Natural Resources
Sponsors: KOFFMAN, COWGER
Amends: 32 MRSA §10015, 36 MRSA §5219-X, 38 MRSA §343-B, 38 MRSA §347-A, 38 MRSA §361-A, 38 MRSA §467, 38 MRSA §480-B, 38 MRSA §480-E, 38 MRSA §480-Q, 38 MRSA §480-U, 38 MRSA §482, 38 MRSA §488, 38 MRSA §551, 38 MRSA §568-A, 38 MRSA §568, 38 MRSA §569-A, 38 MRSA §1296, 38 MRSA §1304, 38 MRSA §1310, 38 MRSA §1316-A, 38 MRSA §1317-A, 38 MRSA §1318-B, 38 MRSA §1365

Legislative Document 
No. 1588 
H.P. 1124 
House of Representatives, April 26, 2005 
An Act To Amend Certain Laws Administered by the Department 
of Environmental Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator COWGER of Kennebec. 
Printed on recycled paper 
7i/~ 
1I1.77!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA c. 421, sub-c. 2, as amended, is repealed. 
Sec. 2. 32 MRSA §10015, last" as enacted by PL 1989, c. 845, 
§14 and amended by PL 1999, c. 547, Pt. B, §78 and affected by 
§80, is further amended to read: 
The jurisdiction to suspend or revoke certificates conferred 
by this section is concurrent with that of the QistFiet ~erior 
Court. 
Civil penalties accrue to the Ground Water Oil Clean-up 
Fund. 
Any nonconsensual action under subsection 2-A taken under 
authority of this section may be imposed only after a hearing 
conforming 
to 
the 
requirements 
of 
Title 
5, 
chapter 
375, 
subchapter IV i, and is subject to judicial review exclusively in 
the J;)ist.Fiet Superior Court in accordance with Title 5, chapter 
375, subchapter VII 2, sysst.it.yt.iR~-~he-~~~~~~~~~~t~-~9F 
~SypeFieF-~eYFt.T~ notwithstanding any other provision of law. 
Sec. 3. 36 MRSA §5219-X, as enacted by PL 2003, c. 698, §l, 
is amended to read: 
§5219-X. Biofuel commercial production and commercial use 
1. 
Definition. 
As used in this section, unless the context 
otherwise indicates, the term "biofuel" means any commercially 
produced liquid or ~aseeys-p£~~~~~-~--&~~y-89YFee ~ 
used to 
propel motor vehicles or otherwise substitute for 
liquid or 
gaseous fuels that is derived from agricultural crops or residues 
or from forest products or byproducts, as distinct from petroleum 
or other fossil carbon sources. 
"Biofuel" includes, but is not 
limited to, ethanol, methanol derived from biomass, 
levulinic 
acid, biodiesel, pyrolysis oils from wood, hydrogen or methane 
from biomass, or combinations of any of the above that may be 
used to propel motor vehicles either alone or in blends with 
conventional gasoline or diesel fuels or that may be used in 
place of petroleum products in whole or in part to fire heating 
devices or any stationary power device. 
l'.:ruL~Jofuel must 
~ 
offered for sale and income must be derived from the commercial 
production of biofuel. 
2. 
Credit allowed. 
A taxpayer engaged in the production of 
biofuels 
in 
the 
State 
who 
has 
received certification under 
subsection 4 is allowed a credit against the tax imposed by this 
Part 
on 
income 
derived 
during 
the 
taxable 
year 
from 
the 
production of biofuel in the amount of 5¢ per gallon of liquid 
biofuel or gaseous biofuel with a BTU equivalent to that of one 
gallon of gasoline that replaces the use of petroleum or liquid 
fuels derived from other fossil carbon sources. 
In blends with 
petroleum or other nonbiofuels, the credit is allowed only on the 
• 
portion of that blend that the biofue1 constitutes. 
Biofuel for 
which 
the 
credit 
is 
allowed 
must 
meet 
state 
and 
federal 
regulatory requirements applicable to the nature and intended use 
of the fuel produced. 
3. 
Limitations. 
A person entitled to a credit under this 
section for any taxable year may carryover and apply the portion 
of any unused credits to the tax liability on income derived from 
the production of biofuel for anyone or more 
of the next 
succeeding 
taxable 
years. 
The 
credit 
allowed, 
including 
carryovers, may not reduce the tax otherwise due under this Part 
to less than zero. 
4. 
Certification. 
A taxpayer engaged in the production of 
biofuels 
who 
is claiming 
a 
credit under 
subsection 
shall 
provide 
information 
to 
the 
Commissioner 
of 
Environmental 
Protection regarding the biofue1 being produced, including the 
quantity of biofuel products, the type of forest or agricultural 
product being utilized, the nature and composition of the biofuel 
being produced, the proportion and composition of any nonbiofuel 
with which the biofuel is blended, 
the heating value of the 
biQllel as compared to the BTU value of one gallon of ga..s..o.line 
and the type of application for which it is intended to be used. 
Upon review of the information, the Commissioner of Environmental 
Protection 
shall 
provide 
the 
taxpayer 
with 
a 
letter 
of 
certification stating that 
the 
biofuel 
produced 
during 
the 
taxable year is eligible for a tax credit under this section and 
stating the number of gallons of biofuel produced during the 
taxable year. 
5. 
Application. 
This 
section 
applies 
to 
tax 
years 
beginning on or after January 1, 2004. 
Sec. 4. 38 MRSA §343-B, first" as enacted by PL 1991, c. 804, 
Pt. B, §1 and affected by §7, is amended to read: 
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 i~~ecessary based upon the complexity of 
the application, 
status of development of the application or 
other factQL§.. 
Sec. 5. 38 MRSA §347-A, sub-§3. as enacted by PL 1989, c. 311, 
§4, is amended to read: 
3. 
Emerqency 
orders. 
Whenever 
it 
appears 
to 
the 
commissioner, after investigation, that there is a violation of 
the laws or regulations wRieR the department administers or of 
the terms or conditions of any of the department's ordersT-wAieA 
.t.A.a.t 
is creating or is likely to create 
a 
substantial 
and 
immediate 
danger 
to 
public 
health 
or 
safety 
or 
to 
the 
environment, 
the commissioner may order the person or persons 
causing or contributing to the hazard to immediately take such 
actions as are necessary to reduce or alleviate the danger. 
Service of a copy of the commissioner's findings and order iss~ea 
~Bae~-~h4~-~~~~~~-sRall must be made by ~Re-6Ae~iff 
9~-eep~~y-~~~~-~1t~~~~-99~B&y-wRe~e-~h~~~~~-whGm-~Re 
9FaeF--is--aiFee~ea--9~eFa~es--9F--Fesiaes hand delivery 
by 
an 
authorized representative of the department or by certi~ 
__ m~ 
return receipt requested. in accordance with the Maine Rules of 
Civil Proc~. In the event that the persons are so numerous 
that the specified method of service is a practical impossibility 
or the commissioner is unable to identify the person or persons 
causing or contributing to the hazard, the commissioner shall 
make 
the 
order 
known 
through 
prominent 
publication 
or 
announcement in news media serving the affected area. 
The person to whom the order is directed shall comply with the 
order immediately. 
The order may not be appealed to the Superior 
Court in the manner provided in section 346, but within 48 hours 
after receipt of the order the person may apply to the board for 
a hearing on the order w»ieR-sAa~~-~~~~~~~rG-wi&Ria-48 
R9~~S--a-~~~--r~-&f--ap~l-i9a~i9B. 
Wi~RiR--1---da¥&--a.f"~-e-£--~Re 
ReaFiB~T-~~-~~-sRall-~-.f"4~~--9f--~-~-e9B~iB~eT 
FeY9lt;9-~--mod-1-f-y--t.ae--9~ae~... Within 7 working days after receipt 
of the application. the board shall hold a hearing. make findings 
of fact 
and vote 
on 
a 
decision that continues. 
revokes 
or 
modifies the order. 
The nature of the hearing is an appeal. 
At 
the hearing. all witnesses must be sworn and the commissioner 
shall first establish the basis for the order and for naming the 
person to whom the order was directed. 
The burden of going 
forward then shifts to the person appealing to demonstrate. based 
upon a .P.Le--1lQllilerance of 
th~eviJ;lgnce. that the order s1!Qyld bg 
modified or rescinded. 
The decision of the board may be appealed 
to the Superior Court in the manner provided by section 346. 
Sec. 6. 38 MRSA §361-A, sub-§l-J, as amended by PL 2001, c. 
232, §5, is further amended to read: 
I-J. 
Code 
of 
Federal 
Requlations. 
"Code 
of 
Federal 
Regulations" means the codification of regulations published in 
the Federal Register by the Federal Government, 
and includes 
those regulations effective on or before January 1, ~ggl 2005. 
• 
Sec. 7. 38 MRSA §361-A, sub-§l-K, as amended by PL 2001, c. 
232, §6, is further amended to read: 
1-K. 
Federa1 Water Po11ution Contro1 Act. 
"Federal Water 
Pollution Control Act" means federal Public Law 
92-500 or 
United 
States 
Code, 
Sections 
1251 
et 
seq., 
including 
all 
amendments effective on or before January 1, 6991 2005. 
Sec. 8. 38 MRS A §420-D, sub-§2, as amended by PL 2003, c. 318, 
§1, is further amended to read: 
2. 
Review. 
If the applicant is able to meet the standards 
for storm water using solely vegetative means, the department 
shall review the application within 69 
~ calendar days. 
If 
structural means are used to meet those standards, the department 
shall review the application within 90 calendar days. 
The review 
period begins upon receipt of a complete application and may be 
extended pursuant to section 
344-B or if 
a 
joint order is 
required pursuant to subsection 5. 
The department may request 
addi tional 
information 
necessary 
to 
determine 
whether 
the 
standards of this section are met. 
The application is deemed 
approved if the department does not notify the applicant within 
the applicable review period. 
The department may allow a municipality or 
a 
quasi-municipal 
organization, 
such 
as 
a 
watershed 
management 
district, 
to 
substi tute a management system for storm water approved by the 
department for the permit requirement applicable to projects in a 
designated 
area 
of 
the 
municipality. 
The 
municipality 
or 
quasi-municipality 
may 
elect to 
have 
this 
substitution take 
effect at the time the system is approved by the department, or 
at 
the 
time 
the 
system 
is 
completed 
as 
provided 
in 
an 
implementation schedule approved by the department. 
Sec. 9. 38 MRSA §467, sub-§3, 118, as amended by PL 2003, c. 
663, §2, is further amended to read: 
B. 
East 
Machias 
River, 
tributaries 
Class 
A 
unless 
otherwise specified . 
(1) 
All 
tributaries entering 
below 
the 
Route 
bridge in Jacksonville - Class B. 
(2) 
Beaverdam Brook - Class AA. 
(3) 
Seavey Brook in Crawford - Class AA. 
(4) 
Harmon Brook in Crawford - Class AA. 
(5) 
Northern Stream in Township 19 Eastern Division _ 
Class All.. 
(6) 
Creamer Brook in Township 19 Eastern Division _ 
Class All.. 
(7) 
Clifford Brook in Marion Township - Class All.. 
Sec. 10. 38 MRSA §480-B, sub-§2, as amended by PL 1989, c. 
430, §3, is further amended to read: 
2. 
Coastal wetlands. 
"Coastal wetlands" means all tidal 
and subtidal 
1andsT--i-no-l-udi--lli]--a;t;t--a-c-e-a&--Be;tew--any--iQe:at;i~iaB;te 
QeB~is--liae--k&f~-~-~4Qa~--aet;ie:a; all areas with vegetation 
present that is tolerant of salt water and occurs primarily in a 
salt water or estuarine habitat; 
and 
any 
swamp, 
marsh, 
bog, 
beach, flat or other contiguous lowland whieh that is subject to 
tidal action during the 
RlaKim~m--s-p~i-a'!f highest tide level .fQ.r. 
each year in which an activity is proposed as identified in tide 
tables published by the National Ocean Service. 
Coastal wetlands 
may include portions of coastal sand dunes. 
Sec. 11. 38 MRSA §480-E-l, as amended by PL 2001, c. 
232, 
§15, is repealed and the following enacted in its place: 
§480-E-1.. Del~gation of pegnit=9'.J"~tjD9 authority to Maine 
Land Use Regulation Commission 
The Maine Land Use Regulation Commission shal1 issue al1 
permits under this article for activities that are located wholly 
within its 
jurisdiction and 
are 
not 
subject 
to 
review 
and 
approval by the department under any other article of this Title 
except as follows. 
.l_~c.t..i...vit;y lo~~t~QJIl __ Q.:r9.~j.~~and ~or~i~eQ~~Q.Ct,~I f 
an activity is located in part within an organized area and in 
part within an area s@ject to tillL....iY .. dsdiction of the Maine LallQ 
Use Regulation Commission, that portion of the activity within 
~h~~anized area is subject to review under this article by the 
department 
and 
that 
pprtion 
of 
the 
acti vi ty 
within 
the 
jurisdiction of the Maine Land Use Regulation Commission requires 
a permit from the commission pursuant to this article except as 
provided in subsection 2. The part of the activity within the 
o(..g.Qn_i~--.area is 
s~Pie..ct t~view under this article if that 
portion is a regulated activity pursuant to this article. 
2. 
Allowed use. 
If an activity is located as described in 
sub~ection 1 
and 
the 
Maine 
Land 
Use 
Regulation 
CommissiQn 
determines 
that 
the 
project 
is 
an 
allowed 
use 
within 
the 
subdistrict or subdistricts for which it is proposed, so that a 
• 
.. 
£e~~ming is not required pursuant to Title 12, sec_tion 685-B, the 
entire activity is subject to review by the department under this 
article. 
Review of subsequent modifications to a development approved 
12y the department is reguired, except that the Maine Land Use 
Regulation Commission shall issue modifications to permits issued 
by the department pursuant to this article prior to September 18, 
1999. 
The Maine Land Use Regulation Commission shall process 
~hese permits and modif~tions in accordance with the provisions 
of Title 12, sections 681 to 689 and rules and standards adopted 
under those sections. 
The Maine Land Use Regulation Commission, in consultation 
with the department, shall annually review land use standards 
adopted by the commission to ensure that the standards afford a 
level of protection consistent with the goals of this article, 
the 
goals 
of Title 12, 
chapter 
206-A 
and 
the 
commission's 
comprehensive land use plan. 
Sec. 12. 38 MRS A §480-Q, sub-§§24 and 25, as enacted by PL 
2001, c. 618, §S, are amended to read: 
24. 
Ezistinq lawns 
and qardens. 
Maintenance, 
but not 
enlargementL 
ofT lawns and gardens in existence on September 1, 
2002 that are adjacent to a river, stream or brook not regulated 
by a municipality under chapter 3, subchapter 
~ ~, article 2-B; 
aBEl 
25. 
Ezistinq 
aqricultural 
fields 
and 
pastures. 
Maintenance, 
but not enlargementL 
ofT agricultural fields and 
pastures in existence on September 1, 2002 that are adjacent to a 
river, 
stream or brook not regulated by a municipality under 
chapter 3, subchapter * ~, article 2-BT~ 
Sec. 13. 38 MRSA §480-Q, sub-§26 is enacted to read: 
26. 
Overboard ~~~~~.ater system. 
Installation, maintenance 
Q.r removal of a licensed overboard discharge treatment system, 
including the outfall pipe, if: 
A. 
Erosion 
control 
measures 
are 
taken 
to 
prevent 
sedimentation of the water: 
B. 
Effects 
of 
construction activity 
on 
the 
protected 
natural resource are minimized; and 
C. 
The activity is approved by the department as provided 
in the department's rules concerning overboard discharges 
adopted pursuant to section 414-A. 
.. 
Sec. 14. 38 MRSA §480-U, sub-§2, 1[A, as amended by PL 1999, c. 
401, Pt. BB, §18, is further amended by amending subparagraph (3) 
to read: 
(3) 
Contains endangered or threatened plant species 
listeQ-~RQe£-~~~~~~r-~~~~&-~61§ as defined in Title 
12. section 544; 
Sec. 15. 38 MRSA §482, sub-§2, 1[B, as repealed and replaced by 
PL 1997, c. 502, §5, is amended to read: 
B. 
Is a metallic mineral mining or advanced exploration 
activity as 
defined in this section or 
an oil or 
gas 
exploration or production activity. including drilling or 
excavation under water; 
Sec. 16. 38 MRSA §488. sub-§9, as amended by PL 1997, c. 502, 
§9, is repealed and the following enacted in its place: 
9. 
Development within unorganized areas. 
A development 
.located entirely within an area subject to the jurisdiction of 
the Maine Land Use Regulation Commission. other than a metallic 
mineral 
mining 
or 
advanced 
exploration 
activity 
or 
an 
oil 
terminal 
facility, 
is 
exempt 
from 
the 
requirements 
of 
this 
article except as follows. 
A. If a development is located in part within an organized 
area and in part within an area subject to the jurisdiction 
of the Maine Land Use Regulation Commission. that portion of 
~ development within the organized area is subject to 
review 
under 
this 
article 
and 
that 
portion 
of 
the 
~~elopment within the jurisdiction of the 
comm~~sion is 
exempt 
from 
the 
requirements of this article 
excep~ 
provided in paragraph B. 
The part of the development within 
the organized area is subject to review under this ar~ 
if that portion is a regulated development pursuant to this 
article. 
B. If an activity.js located as desITibed in para_~~.1).J;1 
the Maine Land Use Regulation Commission determines that the 
pn)j.ect 
is 
an 
allowed 
use 
within 
the 
subdistrict 
or 
subdistricts for which it is proposed, so that a rezoning is 
ruLt required pursuant to Title 12, section 685-B, the entire 
activity is subject to review by the department under this 
article. 
Review 
by 
the 
department 
of 
subsequent 
modifications 
to 
a 
development 
approved 
by 
the 
department 
is 
required. 
For 
a 
development or part of a development within the jurisdiction of 
• 
• 
th,e Maine Land Use Regulation Commission, 
the~ire.~or of the 
commission 
may 
reguest 
and 
obtain 
technical 
assistance 
and 
recommendations 
from 
the 
department. 
The 
commissioner 
shall 
respond to the reguests in a timely manner. 
The recommendations 
of the department must be considered by the Maine 
Land Use 
Regulation Commission in acting upon a development application. 
Sec. 17. 38 MRSA §551, sub-§2, as amended by PL 2003, c. 551, 
§§9 and 10, is further amended by amending the first paragraph to 
read: 
2. 
Third-party 
damages. 
Any 
person 
claiming 
to 
have 
suffered property damage or actual economic damages, including, 
but not limited to, loss of income and medical expenses arising 
from physical bodily injury, directly or indirectly as a result 
of a discharge of oil prohibited by section 543 including all 
discharges of oil from interstate pipelines, in this subsection 
called the 
claimant, 
may 
apply within 
months 
after 
the 
occurrence of a discharge to coastal waters and for other surface 
discharges within 2 years after the occurrence or discovery of 
the 
injury 
or 
damage, 
whichever 
date 
is 
later, 
to 
the 
commissioner stating the amount of damage alleged to have been 
suffered as a result of that discharge. The commissioner shall 
prescribe appropriate forms 
and details for the applications. 
The commissioner may contract with insurance professionals to 
process claims. 
The commissioner may, upon petition and for good 
cause shown, waive the time limitation for filing damage claims. 
All 3rd-party damage claims for which no determination of award 
has been made 
e!'--t.-ha-t;..--hav-e--Ret;-~--i:"-e-f~-i:"-e4--t;e--a--~4--e~ 
a!'sit;!'at;ieR must be processed in accordance with the substantive 
and procedural provisions of this section. 
Sec. 18. 38 MRSA §568-A, sub-§2, ~C, as amended by PL 1999, c. 
652, §11, is further amended by amending subparagraph (1) to read: 
(1) 
For aboveground tanks subject to 
of 
the State Fire Marshal pursuant 
chapter ~11 34, the deductibles are: 
the jurisdiction 
to 
16-219 
CMR, 
(a) 
Five thousand dollars for failure to obtain a 
construction permit from the Office of the State 
Fire 
Marshal, 
when 
required 
under 
Title 
25, 
chapter 318 and 16-219 CMR, chapter ~11 ~; 
(b) 
Five thousand dollars for failure to design 
and 
install 
piping 
in 
accordance 
with 
section 
570-K and rules adopted by the department; 
(c) 
Five thousand dollars for failure to comply 
wi th an existing consent decree, court order or 
regarding 
outstanding 
deficiency 
statement 
violations at the aboveground facility: 
(d) 
Five 
thousand 
dollars 
for 
implement a certified spill prevention 
countermeasure plan, if required: 
failure 
to 
control and 
(e) 
Five thousand dollars for failure to install 
any required spill control measures, such as dikes: 
(f) 
Five thousand dollars for failure to install 
any required overfill equipment: 
( g) 
Five thousand dollars if the tank is not 
approved for aboveground use: and 
(h) 
Ten thousand dollars for failure to report 
any leaks at the facility as-Fe~~iFes-sy-Iaw. 
Sec. 19. 38 MRSA §568, sub-§3, "A and B, as repealed and 
replaced by PL 1991, c. 66, Pt. A, §28, are amended to read: 
A. 
Any 
orders 
issued 
under 
this 
section must 
contain 
findings of fact describing the manner and extent of oil 
contamination, the site of the discharge and the threat to 
the public health or environment. 
Service of a copy of the 
commissioner'S 
findings 
and order must 
be 
made 
by 
hand 
delivery by an authorized representative of the department 
or 
by 
certified 
mail, 
return 
receipt 
requested, 
in 
accordance with the Maine Rules of Civil Procedure. 
B. 
A responsible party to whom such an order is directed 
may apply to the board for a hearing on the order if the 
application is made within 10 working days after receipt of 
the order by a responsible party. 
";/;He-~4-~l-l--app9iRl: 
aR-4BsepeBseB~-Bea~4B~-~~~-~~~I~~~r~~-a&-seeR-as 
pess4sle-a~~e~-~~~~-~-applieal:i9RT Within 15 working 
days after receipt of the application, the board shall hold 
a hearing, make findings of fact and vote on a decision that 
continues, revokes or modifies the order. 
The nature of the 
hearing ffiQsl:-se 1£ an appeal. 
At the hearing, all witnesses 
must be sworn and the commissioner shall first establish the 
basis for the order and for naming the person to whom the 
order was directed. 
The burden of going forward then shifts 
to 
the 
person 
appealing 
to 
demonstrate, 
based 
upon 
a 
preponderance of the evidence, 
that the order should be 
modified or rescinded. 
Wil:hiB-~-Qay~-~~~-~~-h&a~i~r-l:he 
heaFiH~-~~~-~ha~~--ma*e-~-~~-e~--~aG&r--~~-s9aFs 
• 
sha**-¥~~~~-aeeep&r-~eje€~-~-~~~Y-~Re-~~~~~~-the 
heaFiB~--eHamiBeF--a&--tRe--BeHt--Fe~~*aF*y--sehea~*ea--BeaFa 
meetiR~---aRa---~aa~~--~~r--~~~--~---mea4~y---tRe 
eemmissieRe~~~--eFaeFT 
The decision of the board may be 
appealed to the Superior Court in accordance with the-MaiRe 
AamiRistFa&~Ve--~~~--AetT Title 
5, 
chapter 
375, 
subchapter VII 2. 
Sec. 20. 38 MRSA §569-A, sub-§2, as 
551, 
§§15 
and 16, 
is further 
amended 
blocked paragraph to read: 
amended by PL 2003, c. 
by amending the first 
All 3rd-party damage claims for which no determination of award 
has been made 
eF-~-ha-t:--.fl.a.o.r~-Ret-~-~-e-f-e-£~-eQ--te-~--b&a£.Q...-e~ 
aFBitFatieR must be processed in accordance with the substantive 
and procedural provisions of this section. 
Sec. 21. 38 MRSA §1296, 2nd and 3rd ", as enacted by PL 1997, 
c. 375, §14, are amended to read: 
An order issued under this section must contain findings of 
fact describing, insofar as possible, the site of the activity 
and the danger to the public health or safety. 
Service of a copy 
of the commissioner's findings and aR order must be made p~Fs~aRt 
te by 
hand delivery by 
an 
authorized representative of 
the 
department or by certified maiL 
return receipt requested, in 
accordance with the Maine Rules of Civil Procedure. 
The 
person to 
whom 
the 
order 
is directed shall 
comply 
immediately and may apply to the board for a hearing on the order 
if the application is made within 9 10 working days after receipt 
of the order by a responsible party. 
The board shall hold the 
hearing, 
make 
findings of fact 
and vote 
on 
a 
decision that 
continues, revokes or modifies the order within 9 15 working days 
after receipt of the application. 
The nature of the hearing 
before the board is an appeal. 
At the hearing, all witnesses 
must be 
sworn and the commissioner shall first establish the 
basis for the order and for naming the person to whom the order 
is directed. 
The burden of going forward then shifts to the 
person appealing to demonstrate, based upon a preponderance of 
the evidence, that the order should be modified or rescinded. 
WithiR-+-a~y~-~~-e-£-~~~~,-~~~~-~aa~~~a~e-~iRaiR~s-e~ 
~aet-aRa-£h~~~-~~~~-~~~-~~~y-&&e-eFaeFT The decision 
of the board may be appealed to the Superior Court in accordance 
with Title 5, chapter 375, subchapter VII 2. 
Sec. 22. 38 MRSA §1304, sub-§12, ,e, as enacted by PL 1985, c. 
746, §29, is amended to read: 
C. 
Service of a copy of the commissioner's findings and aR 
order shall mY.S..t be made by hand delivery by an authorized 
representative of the department or by certified 
mailiR~ 
'mail, return receipt requested, in accordance with the Maine 
Rules of Civil Procedure. 
Sec. 23. 38 MRSA ~1304, slIb-§12, 1[D, as amended by PL 1987, c. 
192, §26, is further amended to read: 
D. 
The person to whom the order is directed shall comply 
immediately or within a specified time period. 
That person 
may apply to the board within 10 working days after receipt 
of the order for a hearing on the order. 
Within 15 working 
days after receipt of the application, the board shall hold 
a hearing, make findings of fact and 
eeR1;iRbler--r~-eF 
meQi~y vote 
on 
a 
decision 
that 
continues, 
revokes 
or 
modifies the order. The nature of the hearin~~ 
__ -.the 
board is an appeal. 
At the hearing, all witnesses shall 
mY.S..t be sworn and the commisJLioner shall first establish the 
basis for the order and for naming the person to whom the 
order is directed. 
The burden of going forward then shifts 
to 
the 
person 
appealing 
to 
demonstrate, 
based 
upon 
a 
preponderance of the evidence, 
that the order should be 
modified or rescinded. 
The decision of the board may be 
appealed to the Superior Court in accordance with tohe-MaiRe 
AQmiRistoFa1;ive--..ftr-Q{}eduH~---Aeh 
Title 
5, 
chapter 
375, 
subchapter v** 1. 
Sec. 24. 38 MRSA §1310, 3rd 1[, as repealed and replaced by PL 
1979, c. 699, §16, is amended to read: 
Service of a 
copy of the commissioner's findings 
and aR 
order shall mY.S..t be made 
fl\:lFSblaB~--toe by hand deli very by an 
authorized representative of the department or by certified ma~ 
return receipt requested, in accordance with the Maine Rules of 
Civil Procedure. 
Sec. 25. 38 MRSA §1310, 4th 1[, as amended by PL 1987, c. 192, 
§27, is further amended to read: 
The 
person to 
whom 
the 
order 
is directed shall 
comply 
immediately. An order may not be appealed to the Superior Court, 
but a person to whom it is directed may apply to the board for a 
hearing on the order if the application is made within 48-HeblES 
working days after receipt of the order by the person to whom 
the order was directed. 
Within § 15 working days after receipt 
of the application, the board shall hold a hearing, make findings 
of fact and 
eeRtoiRbler-.£-e¥t>ke--G-F--meQi~y vote on a decision that 
continues, 
revokes or modifies the order. 
The nature of the 
hearing before the board is an appeal. 
At the 
h~aring, all 
witnesses 
must 
be 
sworn 
and 
the 
commissioner 
shall 
first 
Page ll-LR0379(1) 
~9tablish the basis fQr the order and __ for naming the 
per:~QILJ~Q 
whom the order is directed. 
The burden of going forward then 
~hifts to the person appealing to demonstrate, 
based upon 
a 
preponderance of the evidence, that the ord~r should be modified 
or rescinded. The decision of the board may be appealed to the 
Super ior 
Court 
in 
accordance 
wi th 
Ti I 
,_ e 
5, 
chapter 
375, 
subchapter VII 2. 
Sec. 26. 38 MRSA §1316-A, 3rd and 4th ", as enacted by PL 
1995, c. 579, §2, are amended to read: 
Service of a 
copy of the commissioner's findings and an 
aeminis~~a~iye order 
must 
be 
made 
by 
hand 
delivery 
by 
an 
authorized representative of the department or by certified mail, 
return receipt requested in accordance with the Maine Rules of 
Civil Procedure. 
The person to whom 
the 
aaminis~~a~iye order is directed 
shall comply immediately. 
That person may apply to the board for 
a 
hearing 
within 
working 
days 
after 
receipt 
of 
the 
aeminis~~a~iye order. 
~Re-£ea£ifl~-~~-Rele-~-~~-~a~-a~ 
~Re-~~-£e~~~a£~y--&eReQ~lee-~~~-fellewiR~--~~~&-~--~Re 
a~~liea~ieRT-&~~-~~~~~~-la&eF-~RaR-~~-~~~~--~e&~~&-e~ 
~Re--a-~~l~ea&ieRT Within 15 working days after receipt of the 
.app_lication-, 
the board shall hold a hearing, make findings of 
fact and vote on a decision that continues, revokes or modifies 
the order. 
The nature of the hearing before the board is an 
appeal. 
At the hearing, all witnesses sRall ~ 
be sworn, and 
the 
department 
shall 
first 
establish 
the 
basis 
for 
the 
administrative order 
and 
for 
naming 
the person to 
whom 
the 
administrative order 
was 
directed. 
Wi~RiR--+--Qays--a~~e~--&Re 
Rea~iR~T--~Re--bea£~--~~--~-~~~-~~--~ae&--aRe--sRall 
eeR~iRyeT-~~~€-~~-meQi~y-~~~~~~&~~~~-e~ee~T The burden 
of 
going 
forward 
then 
shifts 
to 
the 
person 
appealing 
to 
demonstrate, based upon a preponderance of the evidence, that the 
order should be modified or rescinded. 
The decision of the board 
may be appealed to the Superior Court in accordance with Title 5, 
chapter 375, subchapter VII]. 
Sec. 27. 38 MRSA §1317-A, as amended by PL 1991, c. 499, §22, 
is further amended to read: 
§1317-A. Discharge prohibited 
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 wi thin bt...i.1Jings 
or structures 
from 
sources that are not encapsulated within 
secondary 
containment. 
The 
discharge 
must 
be 
reported 
and 
removed as provided under section 
1618r-~~~-d 1318-B~ 
subsections 1 and 3. 
Sec. 28. 38 MRSA §1318-B, sub-§l, as amended by PL 1997, c. 
364, §39, is further amended to read: 
1. 
Reporting. Except as provided in this subsection, the 
responsible party or person causing the discharge shall report a 
discharge immediately to the Department of Public Safety, which 
shall 
immediately 
notify 
the 
Commissioner 
of 
Environmental 
Protection and the public safety agency of the municipality in 
which 
the 
discharge 
takes 
place. 
Upon 
submission 
to 
the 
commissioner of a written spill prevention control and clean-up 
plan that meets the criteria of section 1318-C, subsection 1, a 
discharge containing a hazardous matter that is covered by the 
plan must be reported only if the discharge equals or exceeds the 
applicable 
reportable quantity 
for 
that particular hazardous 
matter as specified in Code of Federal Regulations, Title 40, 
Parts 302.4, 302.5 and 302.6 (b)(l), revised as of July 1, ;1.999 
£QQ2, or when the discharge extends or spreads beyond the area on 
the site covered by the spill prevention control and clean-up 
plan. 
Sec. 29. 38 MRSA §1365, sub-§l, as enacted by PL 1983, c. 569, 
§1, is repealed and the following enacted in its place: 
1. 
Inyestigation. 
Upon finding, after 
investig~tion, that 
a location at which hazardous substances are or were handled or 
otherwise came to be located may create a danger to the public 
health, to the safety of any person or to the environment. the 
commissioner may: 
A. 
Designate that location as an uncontrolled hazardous 
substance site: 
B. 
Order any 
r~~Q...n~ill~-1tiliJ;y dealing with the hazardous 
substances to cease immediately or to prevent that activity 
and to take an action necessary to terminate or mitigate the 
danger or likelihood of danger: and 
C. 
Order 
any 
person 
contributing 
to 
the 
danger 
or 
likelihood of danger to cease or prevent that contribution. 
Sec. 30. 38 MRS A §136S, sub-§3, as enacted by PL 1983, c. 569, 
§1, is amended to read: 
3. 
Service. 
Service 
of 
a 
copy 
of 
the 
commissioner's 
findings and aD order shall must be made 
IHI.£S\HHl.-t.--1;e by hand 
delivery by an authorized representative of the department or by 
certified mail, 
re.~r~_~eipt regue.sted, in accordance with the 
Maine Rules of Civil Procedure. 
Sec. 31. 38 MRSA §1365, sub-§4, as affected by PL 1989, c. 
890, Pt. A, §40 and amended by Pt. B, §268, is further amended to 
read: 
4. 
Compliance; appeal. 
The person to whom the order is 
directed shall comply immediately and may apply to the board for 
a hearing on the order if the application is made within 9 10 
working days after receipt of the order by a responsible party. 
~he-heaFiR~-m~5~-~-~~~~~~~~it~~-~-G&y&-a~~eF-FeeeipE 
ef--a-ppl-i,.e&~ieBT 
Within 15 
working~Q..YS after receipt of the 
application, the board shall hold a hearing, make findings of 
fact and vote on a decision that continues r 
revokes or modifies 
the order. 
The nature of the hearing before the board is an 
appeal. 
At the hearing, all witnesses shall IJlJlll.J;, be sworn and 
the commissioner shall first establish the basis for the order 
and for naming the person to whom the order is directed. 
The 
burden of going forward then shifts to the person appealing to 
demonstrate, based upon a preponderance of the evidence, that the 
order should be modified or rescinded. 
WiEhiR--7--Qays--at"~-e-r--~he 
heaFiB~T--~Ae--~~~~--~~--~-~-~~-~~--~&e~--aBa--shall 
eeHt;iByer-~eveke--&r--fR<H.l-i-f-y--~h-e--eFE1eFT The decision of the board 
may be appealed to the Superior Court in accordance with t;he 
MaiBe--~~~~~~~-~~~--AeET Title 
5, 
chapter 
375, 
subchapter V~~ 2. 
Sec. 32. 38 MRS A §1610, sub-§5, 1JE, as reallocated by RR 2003, 
c. 2, §119, is amended to read: 
E. 
Annually, beginning January 1, 6QQ1 ~, the department 
shall 
provide 
manufacturers 
and 
consolidation 
facilities 
with a 
listing of each manufacturer's pro rata share of 
orphan 
waste 
computer 
monitors 
and 
televisions. 
The 
department 
shall 
determine 
each manufacturer's 
pro 
rata 
share based on the best available information, including but 
not 
limited 
to 
data 
provided 
by 
manufacturers 
and 
consolidators 
and 
data 
from 
electronic 
waste 
collection 
programs in other jurisdictions within the United States. 
Sec.33. PLI997,c.444,§9 is repealed. 
Sec. 34. PL 1997, c. 444, §10, as amended by PL 2003, c. 165, §2, 
is further amended to read: 
Sec. 10. Report; dioxin. 
The 
Commissioner of Environmental 
Protection and the Commissioner of Health and 
Human Services 
shall report to the Governor and the joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
natural 
resources 
matters 
by 
May 
1, 
2001, 
and 
every 
JaHQaFy---l-sE 
~ 
Page l4-LR0379(1) 
llll thereafter, on progress made in achieving the requirements 
specified in the Maine Revised Statutes, Title 38, section 420, 
subsection 
2. 
On 
February 
16, 
2004, 
the 
Commissioner 
of 
Environmental Protection and the Commissioner of Health an~ Human 
Services shall present to the Governor and the joint standing 
committee of the Legislature having jurisdiction over natural 
resources matters a comprehensive assessment on the progress in 
eliminating the discharge of dioxin from bleach kraft pulp mills 
in this State. 
The assessment must report on: 
1. 
Dioxin concentrations in fish above and below mills and 
the health implications of those concentrations; 
2. 
Any evidence that dioxin is being discharged from any 
mill; 
3. 
Current technology that achieves no discharge of dioxin; 
4. 
The need for continuing the dioxin monitoring program; 
and 
5. 
Other known sources of dioxin polluting rivers in this 
State. 
The commissioners shall make recommendations regarding any 
additional action that may be warranted. 
Sec. 35. Resolve 2003, c. 130, §1 is amended to read: 
Sec. 1. Adoption. Resolved: That final adoption of Chapter 
355: 
Sand Dune Rules, a provisionally adopted major substantive 
rule of the Department of Environmental Protection that has been 
submitted to the Legislature for review pursuant to the Maine 
Revised 
Statutes, 
Title 
5, 
chapter 
375, 
subchapter 
2-A, 
is authorized only if Chapter 
is amended in that section 
relating to new construction in frontal dunes and designated as 
section 6, 
paragraph B, 
subparagraph f*} ~ to provide that 
elevators, in addition to ramps, that are required for compliance 
with the requirements of the federal Americans with Disabilities 
Act are exempt 
from the 
requirement that a 
new structure or 
addition to an existing structure may not be constructed on or 
seaward of a frontal dune. 
The rule must also be amended to 
provide that elevators or ramps serving buildings required to 
comply with the federal Americans with Disabilities Act must be 
designed and constructed so 
as 
to minimize 
intrusion on the 
frontal dune, including locating the structures to the rear of 
buildings or within areas of a lot already developed, such as a 
parking area. 
The Department of Environmental Protection is not 
required to hold hearings or conduct other formal proceedings 
prior to finally adopting this rule in accordance with this 
resolve; and be it further 
Sec. 36. Application. 
That section of this Act that amends 
the Maine Revised Statutes, Title 36, section 5219-X applies to 
tax years beginning on or after January 1, 2004. 
SUMMARY 
This bill makes the following changes to laws administered 
by the Department of Environmental Protection. 
1. 
It repeals sections providing for issuance of permits by 
the Board of Environmental Protection for activities affecting 
coastal wetlands. 
2. 
It redirects 
Underground Oil Storage 
Superior Court. 
appeals 
of decisions 
by 
the 
Board of 
Tank Installers from District Court to 
3. 
It clarifies that a producer of biofuels must offer the 
biofuels for sale and must receive income derived from the sale 
of the biofuels in order to qualify for an income tax credit. 
4. 
It amends 
the requirement that the department always 
hold 
a 
presubmission meeting if a 
preapplication meeting is 
held. 
The bill provides that the department may choose not to 
hold a presubmission meeting if the department determines that 
the presubmission meeting is unnecessary based upon factors such 
as the complexity and status of the application. 
5. 
It makes the administrative appeals deadline consistent 
for 
all 
Department 
of 
Environmental 
Protection 
enforcement 
actions. 
6. 
It changes a date in the definition of "Code of Federal 
Regulations" 
to 
include 
regulations 
effective 
on 
or 
before 
January 1, 2005. 
7. 
It changes a date 
Pollution Control Act" 
to 
before January 1, 2005. 
in the definition of "Federal Water 
include 
amendments effective on or 
8. 
It 
changes 
application proposing 
days. 
the 
review 
period 
for 
solely vegetative measures 
a 
storm 
water 
from 30 to 45 
9. 
It clarifies the classification of waters to indicate 
that the "Clifford Brook" currently listed in the Maine Revised 
Page l6-LR0379(1) 
Statutes, Title 
38, 
section 467, 
subsection 
3, 
paragraph 
B, 
subparagraph (7) is located in Marion Township. 
10. 
It removes a reference to a debris line as it relates 
to 
determining 
the 
edge 
of 
the 
coastal 
wetland. 
It 
also 
clarifies the criterion for determining the elevation of the edge 
of the coastal wetland by changing "spring tide" to "highest tide 
level for each year in which an activity is proposed." 
11. 
It clarifies the jurisdiction of the Department of 
Environmental 
Protection 
and 
the 
Maine 
Land 
Use 
Regulation 
Commission when review is required under the laws governing the 
protection of natural resources and an activity is located in 
areas both within and outside the jurisdiction of the Maine Land 
Use Regulation Commission. 
12. 
It amends the laws governing the protection of natural 
resources to add an exemption for the installation, maintenance 
or removal of a licensed overboard discharge treatment system, 
including the outfall pipe, if certain requirements are met. 
13. 
It removes 
a 
reference to 
a list of endangered or 
threatened species that has been repealed and replaces it with a 
reference to a section that defines those terms. 
14. 
It restores a permit threshold to the laws governing 
site location of 
development specific to 
the exploration or 
production of oil or gas, including drilling or excavation under 
water. 
15. 
It clarifies the jurisdiction of the Department of 
Environmental 
Protection 
and 
the 
Maine 
Land 
Use 
Regulation 
Commission when review is required under the laws governing site 
location of development and a development is located in areas 
both within and outside the jurisdiction of the Maine Land Use 
Regulation Commission. 
16. 
It deletes 
obsolete 
references 
to 
the 
"board 
of 
arbitration" from the laws governing oil spill damage claims. 
17. 
It corrects a statut.ory reference to oil storage tank 
rules 
administered 
by 
the 
State 
Fire 
Marshal 
in 
the 
laws 
governing coverage of oil spill clean-up costs by the Ground 
Water Oil Clean-up Fund. 
It also clarifies that those seeking 
fund coverage of oil spill clean-up costs must. pay a 
$10,000 
deductible if they failed to report the spill for which coverage 
is sought. 
18. 
It corrects a cross-reference in the laws governing the 
reporting and removal of hazardous matter discharges. 
Page l7-LR0379(1) 
, 
19. 
It amends the laws governing the reporting of hazardous 
matter discharges 
to 
incorporate revisions 
to 
the 
reportable 
quantities under federal law. 
20. 
It amends 
the 
laws governing uncontrolled hazardous 
substance 
sites 
so 
that 
references 
to 
the 
Commissioner 
of 
Environmental Protection are gender neutral. 
21. 
It 
amends 
the 
laws 
governing 
the 
recycling 
of 
electronic waste to change the date when the department must 
begin 
providing 
manufacturers 
of 
televisions 
and 
computer 
monitors with a listing of their pro rata share of the waste 
stream. 
22. 
It 
repeals 
a 
reporting 
and 
requirement 
related 
to 
progress 
achieved 
requirements of the Maine Revised Statutes, 
4l4-C regarding color pollution control. 
potential 
hearing 
in 
meeting 
the 
Title 38, 
section 
23. 
It changes the annual due date for a report on dioxin 
from January 1st to March 31st. 
24. 
It corrects a citation error. 
Page l8-LR0379(1)