An Act To Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1887
Committee: Business, Research and Economic Development
Sponsors: MARTIN, TARDY, SMITH, KOFFMAN
Amends: 10 MRSA §1023-M

Legislative Document 
No. 1887 
S.P.686 
An Act To Provide Additional Financing for Costs Associated with 
the Remediation of a Waste Oil Site in Plymouth 
(AFTER DEADLINE) 
(EMERGENCY) 
May 2,2007 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator MARTIN of Aroostook. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative TARDY of Newport and Senator: SMITH of Piscataquis, 
Representative: KOFFMAN of Bar Harbor. 
Printed on recycled paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Portland-Bangor Waste Oil Services, a now 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, legislation concerning the Plymouth Waste Oil Loan Program was 
enacted in 1999, 2001, 2003 and 2004 and now further amendment is required to 
authorize loans to eligible parties to pay for the implementation of the clean-up remedy 
that is scheduled to commence in 2007-08; 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 2003, c. 537, §28 and 
affected by §53, 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-A, 
subsection 1, paragraph A, subparagraph (1), division (e), 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 selected by the United States Environmental 
Protection Agency to prevent use of contaminated groundwater by nearby residents~ 
oversight costs of the United States and the State, remedial action costs 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 SitelHows Comer RIlFS 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. The applicant has signed the Remedial Action Consent Decree for the West 
SitelHows Comer Superfund Site in Plymouth, 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. 
Money in the fund may not be used for attorney's fees associated with costs of the 
Plymouth waste oil site remedial study, past cost settlement, implementation of 
institutional controls eF~ time-critical removal action or remedial action or a de minimis 
settlement, 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 2, 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 $2,000. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
The authority shall charge an interest rate of 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 MRS A §1023-M, suh-§2-D is enacted to read: 
2-D. De minimis settlement. In addition to the uses authorized in subsection 2, 
money in the fund may be used for direct loans or deferred loans for payments as part of a 
de minimis settlement, including any settlement premium, between the United States, the 
State, responsible parties and an applicant. Money may be used only if the authority 
determines that the applicant has signed all of the settlement documents required by the 
United States and the State for a de minimis settlement in the matter of the West 
SitelHows Comer Superfund Site in Plymouth, Maine. The provisions of subsection 2 
apply to loans authorized under this subsection. 
Applications submitted pursuant to this subsection must be received within 180 davs 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. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Plymouth Waste Oil Loan Program and authorizes the Finance 
Authority of Maine to loan money in the Waste Oil Clean-up Fund to eligible responsible 
parties to pay their share of oversight costs of the United States and the State, remedial 
action costs and costs related to any de minimis settlement offered by the United States 
Environmental Protection Agency under federal law.