An Act To Amend Certain Laws Related to Environmental Protection
Maine Legislature, Session 123, LD 2119
Committee Amendment CA_A_S482 (Senate)
Amends: 38 MRSA §352, 38 MRSA §353, 38 MRSA §1609

COMMITTEE AMENDMENT" /I " to S.P. 809, L.D. 2119, Bill, "An Act To 
Amend Certain Laws Related to Environmental Protection" 
Amend the bill by striking out all of sections 1 to 3 and inserting the following: 
'Sec. 1. 38 MRSA §352, sub-§3, as amended by PL 2001, c. 212, §2, is further 
amended to read: 
3. Special fee. 
The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November 1 st of each year. If the commissioner determines that a 
particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees. 
A Through 
August 31, 2009, a special fee may not exceed $250,000. Beginning September 1, 2009, 
~ special fee may not exceed $75,000. Such a designation must be made at, or prior to, 
the time the application is accepted as complete and may not be based solely on the 
likelihood of extensive public controversy. All department staff who have worked on the 
review of the application shall submit quarterly reports to the commissioner detailing the 
time spent on the application and all expenses attributable to the application, including 
the cost of any appeals filed by the applicant and, after taking into consideration the 
interest offaimess and equity, any other appeals if the commissioner finds it in the public 
interest to do so. The processing fee for that application must be the actual cost to the 
department. The applicant must be billed quarterly and all fees paid prior to receipt of the 
permit. Nothing in this section limits the commissioner's authority to enter into an 
agreement with an applicant for payment of costs in excess of the maximum special fee 
established in this subsection. 
Sec. 2. 38 MRSA §353, sub-§9, as enacted by PL 2007, c. 187, §1, is amended to 
read: 
9. Finance charges. In addition to other remedies specifically authorized in this 
Title, the department shall charge interest at a rate of 15% per annum, unless the 
commissioner finds the amount too small or the likelihood of recovery too uncertain, and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A "to S.P. 809, L.n. 2119 
may pursue enforcement, including, but not limited to, penalties pursuant to section 349 
and suspension or revocation pursuant to section 341-D, subsection 3 for the failure of a 
licensee to pay any portion of licensing fees owed by the date due.' 
Amend the bill in section 7 in subsection I-A by striking out all of paragraphs D, E 
and F and inserting the following: 
'D. The facility has confonning suction or double-walled pressurized piping; and 
E. 
The return of the facility to service does not pose an unacceptable risk to 
groundwater resources. In determining if the facility poses an unacceptable risk to 
groundwater resources. the commissioner may consider the age and maintenance 
history of the storage tanks and piping, the number and consequences of past oil 
discharges from the tanks and piping, the proximity of the facility to drinking water 
supplies and the proximity of the facility to sensitive geologic areas.' 
Amend the bill by inserting after section 11 the following: 
'Sec. 12. 38 MRS A §1310-AA, sub-§3, ~, as enacted by PL 2007, c. 338, §3 
and affected by §5, is amended to read: 
D. For a determination of public benefit under subsection I-A only, facilitates the 
operation of a solid waste disposal facility that proyides a substantial public benefit 
and the operation of that solid waste disposal facility would be precluded or 
significantly impaired if the waste is not accepted.' 
Amend the bill by inserting after section 18 the following: 
'Sec. 19. 38 MRSA §1609, sub-§13, ,A, as enacted by PL 2007, c. 296, §1, is 
amended to read: 
A. A mattress, a mattress pad or upholstered furniture intended for indoor use in a 
home or other residential occupancy that has plastic fibers containing contains that 
flame retardant; or' 
Amend the bill by inserting after section 19 the following: 
'Sec. 20. Report on special fees. 
By February 1, 2009, the Department of 
Environmental Protection shall submit to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters a report on special fees assessed 
pursuant to the Maine Revised Statutes, Title 38, section 352, subsection 3. The joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
has authority to submit legislation relating to the report.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
COMMITTEE AMENDMENT 
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COMM;TTEE AMENDMENT "A "to S.P. 809, L.D. 2119 
1. It removes from the bill proposed increases in the per diem for members of the 
Board of Environmental Protection and the Maine Land Use Regulation Commission. 
2. 
It amends the special fee provisions and requires the Department of 
Environmental Protection to submit a report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters. 
3. It modifies the requirements for bringing abandoned underground oil storage tanks 
into service. 
4. It allows the Commissioner of Environmental Protection discretion to not collect 
finance charges if the amounts are small or unlikely to be collected. 
5. It removes the requirement that a determination that a solid waste disposal facility 
provides a substantial public benefit must be made before the commissioner may find that 
acceptance of out-of-state waste at the facility provides a substantial public benefit. 
6. 
It changes language regarding rule-making authority of the Department of 
Environmental Protection relating to flame retardants to be consistent with other changes 
in the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/08 
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LD 2119 
LR 3340(02) 
An Act To Amend Certain Laws Related to Environmental Protection 
Revenue 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Other Special Revenue Funds 
$0 
$162,500 
($87,500) 
Fiscal Detail and Notes 
Projections 
2010-11 
($87,500) 
This legislation changes the annual $35 oil tank registration fee to a $100 triennial fee. Revenue is currently budgeted 
at $87,500 each year. Assuming 2500 registered tanks, this change will increase dedicated revenues to the Ground 
Water Oil Clean Up Fund by $162,500 in fiscal year 2008-09, and reduce revenues by $87,500 in fiscal year 2009-10 
and fiscal year 2010-11. 
Additional costs associated with the report requirement can be absorbed by the Department of Environmental 
Protection utilizing existing budgeted resources. 
LR3340(02) - Fiscal Note - Page 1 of 1