An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 123, LD 1778
Committee: Natural Resources
Sponsors: MARTIN, KOFFMAN
Amends: 32 MRSA §10010, 32 MRSA §1001, 32 MRSA §10011, 32 MRSA §10015, 38 MRSA §348, 38 MRSA §352, 38 MRSA §361-A, 38 MRSA §413, 38 MRSA §437, 38 MRSA §439-A, 38 MRSA §465-A, 38 MRSA §480-P, 38 MRSA §551-A, 38 MRSA §566-A, 38 MRSA §570, 38 MRSA §570-H, 38 MRSA §1610, 38 MRSA §1665-A

Legislative Document 
No. 1778 
S.P.629 
March 28, 2007 
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 Senator MARTIN of Aroostook. 
Cosponsored by Representative KOFFMAN of Bar Harbor. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA § 1 0006, as amended by PL 2001, c. 231, § 8, is further amended 
to read: 
§10006. Certification 
1. Certification required. Ne A person may not practice, or profess to practice, as 
an underground oil storage tank installer, or underground oil storage tank inspector 6T 
underground gasoline storage tanlc remover in this State or use the words "underground 
oil storage tank installer," "underground gasoline storage tanlc remover," "underground 
oil storage tank inspector" or other words or letters to indicate that the person using the 
words or letters is a certified underground oil storage tank installer practitioner, or 
underground oil storage tank inspector practitioner or underground gasoline storage tank 
remover practitioner unless that person is certified in accordance with this chapter. 
2. Individual. Only an individual may be certified under this chapter. 
3. Proper underground oil storage tank installer certification class required. Ne 
A person may not install or advertise to install underground oil storage tanks or remove, 
pursuant to Title 38, section 566-A, subsection 5, underground tanks used for the storage 
of Class 1 liquids unless the person has the appropriate class of certification been certified 
in accordance with this subsection. 
B. 
A Class 2 An underground oil storage tank installer may install or remove any 
type of underground oil storage tank, with the exception of field-constructed 
underground oil storage tanks and impressed-current cathodically protected tanks. 
C. 
A Class 3 underground storage tank installer may only install or remove 
underground oil storage tanks fer the storage of #2 heating oil. Class 3 installers are 
not certified to install or remove field constructed underground oil storage tanks, 
heavy oil storage or impressed current cathodically protected tanks. 
E. 
Certified underground oil storage tanlc installers may upgrade their certification 
by demonstrating to the satisfaction of the board training and experience comparable 
to completion of the appropriate apprenticeship requirements and passage of the 
written final examination in that class. 
4. 
Proper underground gasoline storage tanl( remover eertifieation €lass 
required. No person may remove or advertise to remove an underground gasoline 
storage tank unless the person is certified in accordance 'Hith this chapter or fer fire 
fighting personnel, Title 38, section 566 A, subsection 5. 
Sec. 2. 32 MRSA § 1 001 0, first ~, as amended by PL 2001, c. 231, § 1 0, is further 
amended to read: 
An applicant for certification as an underground oil storage tank installer 9f-afl 
underground gasoline storage tanlc remover or an underground oil storage tank inspector 
must file a written application provided by the board, showing to the satisfaction of the 
board that that person meets the following requirements. 
Sec. 3. 32 MRS A §10010, sub-§3, ~, as repealed and replaced by PL 1989, c. 
312, §8, is amended to read: 
B. 
Successful completion of an apprenticeship in accordance with this section and 
under the direct supervision of an underground oil storage tank installer certified in 
the elass for which the applicant is applying; and 
Sec. 4. 32 MRSA §10010, sub-§3, ~C, as enacted by PL 1989, c. 312, §9, is 
amended to read: 
C. 
Passage of a final written or oral examination specific to the elass for which the 
applicant is applying that is based on the laws outlined in and any rules promulgated 
adopted under Title 38, chapter 3, subchapter H-B 2-B, by the Board of 
Environmental Protection concerning the installation and removal of underground oil 
storage tanks. 
Sec. 5. 32 MRSA §1001O, sub-§3-A, ~, as enacted by PL 1989, c. 312, § 10, is 
amended to read: 
B. 
To be eligible to take the final examination for a Class 2 certification, the 
applicant must provide documentation of completion of 6 marketing and distribution 
or other motor fuel field experience, under the apprenticeship of an underground oil 
storage tank installations installer, sufficient to demonstrate expertise in the 
installation and removal of tanks and piping. The board shall specify, in the rules 
adopted pursuant to paragraph D, the nature and extent of field experience required to 
demonstrate this expertise. 
Sec. 6. 32 MRS A §10010, sub-§3-A, ~C, as enacted by PL 1989, c. 312, § 10, is 
repealed. 
Sec. 7. 32 MRSA §10010, sub-§3-A,~, as enacted by PL 1989, c. 312, §1O, is 
amended to read: 
D. 
The board shall adopt rules to administer this section and to provide a variance 
to the apprenticeship requirements of this subsection under paragraph B if the 
applicant can satisfactorily demonstrate training and experience comparable to 
completion of an apprenticeship. 
Sec. 8. 32 MRS A §lOOlO, sub-§5, as amended by PL 1997, c. 364, §10, is 
repealed. 
Sec. 9. 32 MRSA §lOOlO-C, as enacted byPL 1991, c. 817, §6, is repealed. 
Sec. 10. 32 MRSA §10011, sub-§l, as amended by PL 2001, c. 231, § 12, is 
further amended to read: 
1. Requirements; fees. Only a person satisfying the requirements of section 10010, 
subsections 1 and 2 may apply for examination in the manner prescribed by the board. 
The application must be accompanied by the nonrefundable fee prescribed by section 
10012. A person who fails either part of the applicable examination specified in section 
10010, subsection 3~ or 6 may apply for reexamination upon payment of the prescribed 
fee. 
Sec. 11. 32 MRSA §10015, sub-§2, as amended by PL 2001, c. 231, §16, is 
further amended to read: 
2. Grounds for disciplinary action. The following are grounds for an action to 
modify, reclassify, suspend, revoke or refuse to issue or renew a certificate or impose a 
civil penalty: 
A. The practice of any fraud or deceit in obtaining a certificate under this chapter or 
in connection with services rendered within the scope of the certificate issued; 
lOB. Unprofessional conduct, including any gross negligence, incompetency or 
misconduct in the certified person's performance of the work of underground oil 
storage tank installation or removal, underground gasoline storage tank removal or 
underground oil storage tank inspection or violation of any standard of professional 
behavior established by the board; 
C. 
Subject to the limitation of Title 5, chapter 341, conviction of a crime that 
involves dishonesty or false statement or relates directly to the practice for which the 
certified person is certified or conviction of any crime for which imprisonment for 
one year or more may be imposed; or 
D. Any violation of this chapter or any rule adopted by the board. 
Sec. 12. 38 MRS A §347-A, sub-§5, as enacted by PL 1989, c. 890, Pt. A, §32 
and affected by §40, is amended to read: 
5. Enforcement. All orders of the department may be enforced by the Attorney 
General and the department. If any order of the department is not complied with, the 
commissioner shall immediately notify the Attorney General. 
Sec. 13. 38 MRS A §348, sub-§I, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, §6, is further amended to read: 
1. General. In the event of a violation of any provision of the laws administered by 
the department or of any order, regulation, license, permit, approval or decision of the 
board or commissioner or decree of the court, as the case may be, the Attorney General or 
the department may institute injunction proceedings to enjoin any further violation 
thereof, a civil or criminal action or any appropriate combination thereof without recourse 
to any other provision of law administered by the department. 
Sec. 14. 38 MRSA §348, sub-§3, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, §6, is further amended to read: 
3. Injunction proceedings. If the department finds that the discharge, emission or 
deposit of any materials into any waters, air or land of this State constitutes a substantial 
and immediate danger to the health, safety or general welfare of any person, persons or 
property~ the department shall forthwith request the Attorney General to initiate 
immediate injunction proceedings to prevent such discharge or the commissioner may 
authorize pursuit of such an action in District Court. The injunction proceedings may be 
instituted without recourse to the issuance of an order, as provided for in section 347-B. 
Sec. 15. 38 MRSA §352, sub-§2, ~G, as enacted by PL 2005, c. 330, §6, is 
amended to read: 
G. The total amount of fees due for acceptance of a license, notice, registration and 
certification fees administered by the department under this Title must be doubled at 
the time an application is submitted if it is received after the date on which 
submission is required by law. This increase may be reduced at the commissioner's 
discretion with a showing of mitigating circumstances. 
Sec. 16. 38 MRSA §361-A, sub-§I-J, as amended by PL 2005, c. 330, §7, is 
further amended to read: 
I-J. 
Code of Federal Regulations. 
"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, 2005 July 1, 2007. 
Sec. 17. 38 MRSA §361-A, sub-§I-K, as amended by PL 2005, c. 330, §8, is 
further amended to read: 
l-K. Federal Water Pollution Control Act. "Federal Water Pollution Control Act" 
means federal Public Law 92-500 or 33 United States Code, Sections 1251 et seq., 
including all amendments effective on or before Jaauary 1, 2005 July 1, 2007. 
Sec. 18. 38 MRSA §413, sub-§3, as amended by PL 2003, c. 246, §6 and c. 689, 
Pt. B, §6, is further amended to read: 
3. Transfer of ownership. Application for transfer of a license must be made no 
later than 2 weeks after the transfer of ownership or interest in the source of the discharge 
is completed. 
In the eo.'eat that aay If a person possessing a license issued by the 
department transfers the ownership of the property, facility or structure that is the source 
of a licensed discharge, without transfer of the license being approved by the department, 
the license granted by the department continues to authorize a discharge within the limits 
and subject to the terms and conditions stated in the license, provided that as long as the 
parties to the transfer are jointly and severally liable for any violation thereof until such 
time as the department approves transfer or issuance of a waste discharge license to the 
new owner. The department may in its discretion require the new owner to apply for a 
new license, or may approve transfer of the existing license upon a satisfactory showing 
that the new owner can abide by its terms and conditions. 
Except when it has been demonstrated within 5 years prior to a transfer that there is no 
technologically proven alternative to an overboard discharge, prior to transfer of 
ownership of property containing an overboard discharge, the parties to the transfer shall 
detennine the feasibility of technologically proven alternatives to the overboard discharge 
that are consistent with the plumbing standards adopted by the Department of Health and 
Human Services pursuant to Title 22, section 42 based on documentation from a licensed 
site evaluator provided by the applicant and approved by the Department of 
Environmental Protection. The licensed site evaluator shall demonstrate experience in 
designing replacement systems for overboard discharge. 
If an alternative to the 
overboard discharge is identified, the alternative system must be installed within 90 days 
of property transfer, except that, if soil conditions are poor due to seasonal weather, the 
alternative may be installed as soon as soil conditions permit. The installation of an 
alternative to the overboard discharge may be eligible for funding under section 411-A. 
Sec. 19. 38 MRS A §420-D, sub-§14 is enacted to read: 
14. 
Rescission. 
The commissioner shall rescind a permit upon request and 
application of the permittee if no outstanding permit violation exists, the project is not 
continued and the permittee has not constructed or caused to be constructed, or operated 
or caused to be operated, a project requiring a permit. For purposes of this section, "a 
project requiring a permit" is a project that requires a permit as defined either at the time 
of permit issuance or at the time of application for rescission. 
Sec. 20. 38 MRSA §437, sub-§4, as amended by PL 1989, c. 403, §6, is further 
amended to read: 
4. Fish River. The Fish River from the former bridge site at the dead end of Mill 
Street in Fort Kent Mills to the outlet of Eagle Lake in Walla grass, and from the Portage 
Lake and T.14, R.6, townline to the Portage Lake and T.13, R.7, W.E.L.S. townline, 
excluding Portage Lake; 
Sec. 21. 38 MRS A §439-A, sub-§5, ~A, as repealed and replaced by PL 1991, c. 
66, Pt. A, § 10, is amended to read: 
A. 
Selective cutting of no more than 40% of the trees -4- 4.5 inches or more in 
diameter, measured at 4 112 feet above ground level, in any 1O-year period, provided 
that as long as a well-distributed stand of trees and other natural vegetation remains; 
Sec. 22. 38 MRSA §439-A, sub-§6, ~C, as enacted by PL 1987, c. 815, §§7 and 
11, is amended to read: 
C. 
Selective cutting of no more than 40% of the trees -4- 4.5 inches or more in 
diameter, measured at 4 112 feet above ground level, is allowed in any 1 O-year period, 
provided that as long as a well-distributed stand of trees and other natural vegetation 
remams. 
Sec. 23. 38 MRSA §465-A, sub-§I,~, as enacted by PL 1985, c. 698, §15, is 
amended to read: 
B. 
Class GPA waters shall must be described by their trophic state based on 
measures of the chlorophyll "a" content, Secchi disk transparency, total phosphorus 
content and other appropriate criteria. Class GP A waters shall must have a stable or 
decreasing trophic state, subject only to natural fluctuations and shall must be free of 
culturally induced algal blooms whieh that impair their use and enjoyment. The 
number of Escherichia coli bacteria of human and domestic animal origin in these 
waters may not exceed a geometric mean of 29 per 100 milliliters or an instantaneous 
level of 194 per 100 milliliters. 
Sec. 24. 38 MRSA §480-P, sub-§6, as enacted by PL 1987, c. 809, §2, is 
amended to read: 
6. Fish River. The Fish River from the former bridge site at the dead end of Mill 
Street in Fort Kent Mills to the Fort Kent and Wallagrass Plantation town line, from the 
T.16, R.6, W.E.L.S. and Eagle Lake town line to the Eagle Lake and Winterville 
Plantation town line and from the T.l4, R.6, W.E.L.S. and Portage Lake town line to the 
Portage Lake and T.13, R.7, W.E.L.S. town line, excluding Portage Lake; 
Sec. 25. 38 MRS A §480-P, sub-§13, as enacted by PL 1987, c. 809, §2, is 
amended to read: 
13. Piscataquis River. The Piscataquis River from the Penobscot River to the 
Monson and Blanchard Plantation town line, including its tributaries the East and West 
Branches of the Piscataquis River from the Blanchard Plantation and Shirley town line to 
the Shirley and Little Sql:la\", Moosehead Junction Township town line; the Seboeis 
Stream from its confluence with the Piscataquis River in Howland to the Howland and 
Mattamiscontis Township town line and from the Mattamiscontis and Maxfield town line 
to the Maxfield and Seboeis Plantation town line, excluding Shirley Pond and West 
Shirley Bog; 
Sec. 26. 38 MRS A §480-Q, sub-§23, ~B is amended to read: 
B. 
If the cutting or clearing is not subject to the jurisdiction of a municipality 
pursuant to chapter 3, subchapter 1, article 2-B, vegetation within the adjacent area is 
maintained as follows: 
(1) There is no cleared opening greater than 250 square feet in the forest canopy 
as measured from the outer limits of the tree crown, except that a footpath may be 
established for the purpose of access to water if it does not exceed 6 feet in width 
as measured between tree trunks and has at least one bend in its path to divert 
channelized runoff; 
(2) Any selective cutting of trees within the buffer strip leaves a well-distributed 
stand of trees and other natural vegetation. 
(a) For the purposes of this subparagraph, a "well-distributed stand of trees" 
is defined as maintaining a rating score of 16 or more points in a 25-foot by 
50-foot rectangular area as determined by the following rating system. 
(i) A tree with a diameter at 4 1/2 feet above ground level of 2.0 to less 
than 4.0 inches has a point value of one. 
(ii) A tree with a diameter at 4 112 feet above ground level of 4.0 inches 
to less than 8.0 inches has a point value of 2. 
(iii) A tree with a diameter at 4 112 feet above ground level of 8.0 inches 
to less than 12.0 inches has a point value of 4. 
(iv) A tree with a diameter at 4 1/2 feet above ground level of 12.0 or 
more inches has a point value of 8. 
(b) In applying this point system: 
(i) The 25-foot by 50-foot rectangular plots must be established where 
the landowner or lessee proposes clearing within the required buffer; 
(ii) Each successive plot must be adjacent to, but may not overlap, a 
previous plot; 
(iii) Any plot not containing the required points may have no vegetation 
removed except as otherwise allowed by this subsection; 
(iv) 
Any plot containing the required points may have vegetation 
removed down to the minimum points required or as otherwise allowed 
by this subsection; and 
(v) Where conditions permit, no more than 50% of the points on any 2S-
foot by SO-foot rectangular area may consist of trees greater than 12 
inches in diameter. 
(c) 
For the purposes of this subparagraph, "other natural vegetation" is 
defined as retaining existing vegetation under 3 feet in height and other 
ground cover and retaining at least S saplings less than 2 inches in diameter 
at 4 112 feet above ground level for each 2S-foot by SO-foot rectangular area. 
If S saplings do not exist, the landowner or lessee may not remove any 
woody stems less than 2 inches in diameter until 5 saplings have been 
recruited into the plot; 
(3) In addition to the requirements of subparagraph (2), no more than 40% of the 
total volume of trees 4:() 4.S inches or more in diameter, measured 4 112 feet 
above ground level, is selectively cut in any 1 O-year period; 
(S) Tree branches are not pruned except on the bottom 113 of the tree as long as 
tree vitality will not be adversely affected; and 
(6) In order to maintain a buffer strip of vegetation, when the removal of storm-
damaged, diseased, unsafe or dead trees results in the creation of cleared 
openings in excess of 250 square feet, these openings are replanted with native 
tree species unless there is existing new tree growth. 
Sec. 27. 38 MRS A §551, sub-§6, as amended by PL 1993, c. 35S, § 13, is further 
amended to read: 
6. Reimbursements to Maine Coastal and Inland Surface Oil Clean-up Fund. 
For the use of the fund, the commissioner shall seek recovery of all disbursements from 
the fund for the following purposes, including overdrafts and interest computed at IS% a 
year from the date of expenditure, unless the department finds the amount involved too 
small, the likelihood of success too uncertain or that recovery of costs is unlikely due to 
the inability of the responsible party to pay those costs, provided that recoveries resulting 
from damage due to an oil pollution disaster declared by the Governor pursuant to section 
S47 must be apportioned between the Maine Coastal and Inland Surface Oil Clean-up 
Fund and the General Fund so as to repay the full costs to the General Fund of any bonds 
issued as a result of the disaster: 
A. All disbursements made by the fund pursuant to subsection 5, paragraphs B, D, E, 
H and I in connection with a prohibited discharge; and 
B. 
In the case of a licensee promptly reporting a discharge as required by this 
subchapter, disbursements made by the fund pursuant to subsection 5, paragraphs B, 
D and E in connection with any single prohibited discharge including 3rd-party 
claims in excess of $15,000, except to the extent that the costs are covered by 
payments received under any federal program. 
Requests for reimbursement to the fund, if not paid within 30 days of demand, may be 
turned over to the Attorney General for collection or may be submitted to a collection 
agency or agent or an attorney retained by the department with the approval of the 
Attorney General in conformance with Title 5, section 191, or the department may file 
suit in District Court. 
The commissioner may file claims with appropriate federal 
agencies to recover for the use of the fund all disbursements from the fund in connection 
with a prohibited discharge. 
Requests for reimbursement to the fund for disbursements pursuant to subsection 5, 
paragraph B, if not paid within 60 days of demand, are subject to a penalty not to exceed 
twice the total amount of reimbursement requested. This penalty is in addition to the 
reimbursement requested and any other fines or civil penalties authorized by this Title. 
Sec. 28. 38 MRSA §551-A, sub-§l, as enacted by PL 1991, c. 698, §12, is 
amended to read: 
1. Membership. The Governor shall appoint the chair of the committee. The 
committee consists of the following -l4 2 members: 
A. 
+fH:ee Two members representing the marine fisheries interest, including the 
lobster industry, aquaoulture industry and sardine industry, 2 one appointed by the 
President of the Senate and one appointed by the Speaker of the House of 
Representatives; 
B. 
+fH:ee Two members representing the general public, one appointed by the 
President of the Senate and 2- one appointed by the Speaker of the House of 
Representatives; 
C. 
Two members representing the petroleum industry appointed by the Governor; 
D. 
One member familiar with oil spill technology appointed by the Governor; 
E. 
One naval arohiteot appointed by the GO'lernor; 
1 
F. 
One member with expertise in eoastal geology appointed by the Governor; 
C. 
One member with expertise in fisheries biology appointed by the Governor; 
H. 
One member with expertise in coastal geology, fisheries biology or coastal 
wildlife habitat appointed by the Governor; and 
I. 
One member who is a licensed state pilot or a licensed merchant marine officer 
appointed by the Governor. 
Sec. 29. 38 MRSA §551-A, sub-§2, as enacted by PL 1991, c. 698, §12, is 
amended to read: 
2. Terms. All members are appointed for staggered terms of 3 years except that a 
member may be appointed for an initial term of one or 2 years as necessary to ensure that 
the terms of the committee members are staggered. 
The GoverH:or shall appoint 2 
members for initial one year terms, 3 members for initial 2 year terms and 3 members for 
initial 3 year terms. The President of the Senate shall appoint one member for an initial 
one year term, one member for an initial 2 year term and one member for an initial 3 year 
term. The Speaker of the HOl:1se of RepresentatiYes shall appoint one member for an 
initial one year term, one member for an initial 2 year term and one member for an initial 
year term. A vacancy must be filled by the same appointing authority that made the 
original appointment. Ne A member may not serve more than 2 consecutive 3-year 
terms. 
Sec. 30. 38 MRSA §551-A, sub-§4, as enacted by PL 1991, c. 698, §12, is 
amended to read: 
4. Quorum. A quorum is & ~ members of the committee. An affirmative vote of the 
majority of the members present is required for any action. Action may not be considered 
unless a quorum is present. 
Sec. 31. 38 MRS A §566-A, sub-§5, as amended by PL 2001, c. 626, § 14, is 
further amended to read: 
5. Qualified personnel. AIl abandoned facilities and tanks used for the storage of 
Class 1 liquids that require removal must be removed under the direct, on-site supervision 
of an underground oil storage tank installer certified pursuant to Title 32, chapter 104-A, 
or of oertified fire fighting persollflel, eKeept for oodergrol:Hl:d gasoline storage tanks 
remoyed pl:1rsl:1ant to sl:1bseotion 6. The Board of Underground Oil Storage Tank Installers 
may eKaHHne and the sommissioner may sertify fire fighting persoflRel to superYise the 
removal of Class 1 underground oil storage !aoilities upon passage of the eKarRination for 
an tmderground gasoline storage tank remo>,'er. 
Fire fighting persoflRel may only 
sl:1peplise the removal ofan underground faoility or tank:~ 
A. Within the mumsipality vAth whish they are affiliated or within the jl:1risdiotion 
that the ml:Hl:ioipality '."lith which they are affiliated has a eompaet; and 
B. If the fire fighting persollflel have written Gl:1thorization from the ffil:1nieipality 
with whioh they are affiliated. 
Sec. 32. 38 MRSA §566-A, sub-§6, as amended by PL 1991, c. 88, §3, IS 
repealed. 
Sec. 33. 38 MRSA §570, first ~, as amended by PL 1999, c. 278, §4 and affected 
by PL 2003, c. 245, §21, is further amended to read: 
The intent of this subchapter is to provide the means for rapid and effective cleanup 
and to minimize direct and indirect damages and the proliferation of 3rd-party claims. 
Accordingly, each responsible party is jointly and severally liable for all disbursements 
made by the State pursuant to section 569-A, subsection 8, paragraphs B, D, E, Hand J, 
or other damage incurred by the State, except for costs found by the commissioner to be 
eligible for coverage under the fund. 
The term "other damages," as used in this 
paragraph, includes interest computed at 15% a year from the date of expenditure and 
damage for injury to, destruction of, loss of or loss of use of natural resources and the 
reasonable costs of assessing natural resources damage. The commissioner shall demand 
reimbursement of costs and damages paid by the department from state or federal funds 
except for amounts that are eligible for coverage by the fund under this subchapter. 
Payment must be made promptly by the responsible party or parties upon whom the 
demand is made. If payment is not received by the State within 30 days of the demand, 
the Attorney General may file suit in the Superior Court or the department may file suit in 
District Court and, in addition to relief provided by other law, may seek punitive damages 
as provided in section 568. Notwithstanding the time limits stated in this paragraph, 
neither a demand nor other recovery efforts against one responsible party may relieve any 
other responsible party of liability. 
Sec. 34. 38 MRSA §570, first~, as amended by PL 1999, c. 278, §5 and affected 
by PL 2003, c. 245, §20, is further amended to read: 
The intent of this subchapter is to provide the means for rapid and effective cleanup 
and to minimize direct and indirect damages and the proliferation of 3rd-party claims. 
Accordingly, each responsible party is jointly and severally liable for all disbursements 
made by the State pursuant to section 569-B, subsection 5, paragraphs B, D, E and G or 
other damage incurred by the State, including interest computed at 15% a year from the 
date of expenditure, and damage for injury to, destruction of, loss of or loss of use of 
natural resources and the reasonable costs of assessing natural resources damage. The 
commissioner shall demand reimbursement of costs and payment of damages paid by the 
department from state or federal funds to be recovered under this section and payment 
must be made promptly by the responsible party or parties upon whom the demand is 
made. If payment is not received by the State within 30 days of the demand, the Attorney 
General may file suit in the Superior Court or the department may file suit in District 
Court and, in addition to relief provided by other law, may seek punitive damages as 
provided in section 568. Notwithstanding the time limits stated in this paragraph, neither 
a demand nor other recovery efforts against one responsible party may relieve any other 
responsible party of liability. 
Sec. 35. 38 MRSA §570-H, as amended by PL 2001, c. 356, §9, is repealed and 
the following enacted in its place: 
§570-H. Report; adequacy of fund 
On or before February 15th of each year, the Fund Insurance Review Board, with the 
cooperation of the commissioner, shall report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters on the department's and the 
board's experience administering the fund, clean-up activities and 3rd-party damage 
claims. The report must include an assessment of the adequacy of the fund to cover 
anticipated expenses and any recommendations for statutory change. The report also 
must include an assessment of the adequacy of the Underground Oil Storage Replacement 
Fund and the Waste Oil Clean-up Fund to cover anticipated expenses and any 
recommendations for statutory change. To carry out its responsibility under this section, 
the board may order an independent audit of disbursements from the Groundwater Oil 
Clean-up Fund, the Underground Oil Storage Replacement Fund and the Waste Oil 
Clean-up Fund. 
Sec. 36. 38 MRS A §1319-Q, as amended by PL 1993, c. 355, §§55 to 57, is 
further amended to read: 
§1319-Q. Data collection; report 
1. Data collection and monitoring. The commissioner shall have data on the 
generation, transportation and handling of hazardous waste collected and monitored in a 
coordinated manner. The eommissioner shall use that data to review the need for 
adequate \vaste [aGilities for generators in this State, and shall deyelop appropriate 
polieies and reeommendations to ensure that suitable waste [aeilities are available. 
2. Report. The commissioner shall biennially, prior to May November 1 st, prepare a 
report to the board GOYering joint standing committee of the Legislature having 
jurisdiction over natural resources matters. The report must cover the prior 2 calendar 
years that and must include the following data: 
A. The amount of hazardous waste by type that is generated, handled or transported 
within the State; 
B. The amount of hazardous waste by type that is handled at commercial hazardous 
waste facilities within the State; 
C. The number of hazardous waste facility permits by type currently active and the 
number granted and revoked in the year; 
D. The amount of hazardous waste by type generated outside the State that was 
handled at permitted facilities within the State, and the amount of hazardous waste 
generated within the State that was handled at facilities located outside the State; 
E. A list of hazardous waste facilities located within the State and those located 
outside the State which are available for use by generators in the State; and 
F. A list of known firms that provide testing, consulting, brokerage, waste exchange, 
transport or other services to hazardous waste generators. 
4. Legislative FeeammeBdatiaBs. The eornmissioner shall make a biennial status 
report to the Legislature eoneerning hazardous vlaste management, ineluding any 
reeommendations of the board for legislative aetion to develop and establish needed 
hazardous 'Haste [aoilities. These reeommendations may indude tax and other finanGial 
inoentiYes or reeomrnendations to direetiy, or through an instrumentality, aequire suitable 
sites for hazardous waste faeilities, or to oonstruot and operate hazardous waste faoilities. 
Reeommendations in the bien.'lial status report must be based solely on the information 
and plans prepared pursuant to this seotion and information obtained at publie hearings. 
S. PFaeeduFal FequiFemeBts. ,''.11 polioies, plans and reeommendations prepared by 
the eornmissioner under this seetios are subjeot to the sotioe asd hearisg requiremests of 
the Maise Administrative Proeedure I\ot, Title 5, ehapter 375. 
Sec. 37. 38 MRSA §1610, sub-§l, as reallocated by RR 2003, c. 2, §119, is 
amended to read: 
1. Findings; purpose. The Legislature finds that the establishment of a system to 
provide for the collection and recycling of electronic devices in this State is consistent 
with its duty to protect the health, safety and welfare of its citizens, enhance and maintain 
the quality of the environment, conserve natural resources and prevent air, water and land 
pollution. The Legislature further finds that such a system is consistent with the overall 
state solid waste management policy including its intent to pursue and implement an 
integrated approach to solid waste management and to aggressively promote waste 
reduction, reuse and recycling as the preferred methods of waste management. 
The Legislature finds that the purpose of this section is to establish a comprehensive 
electronics recycling system that ensures the safe and environmentally sound handling, 
recycling and disposal of electronic products and components and encourages the design 
of electronic products and components that are less toxic and more recyclable. 
The Legislature further finds that it is the purpose of this section to establish an 
electronics recycling system that is convenient and minimizes cost to the consumer of 
electronic products and components. It is the intent of the Legislature that manufacturers 
of electronic products and components will be responsible for ensuring proper handling, 
recycling and disposal of discarded products and that costs associated with consolidation, 
handling and recycling be internalized by the manufacturers of electronic products and 
components before the point of purchase. 
The Legislature further finds that the manufacturers of electronic products and 
components should reduce and, to the extent feasible, ultimately phase out the use of 
hazardous materials in these products. 
The Legislature further finds that a system of shared responsibility for the collection and 
recycling of covered electronic devices among manufacturers, consolidation facilities 
consolidators, municipalities and other parties is the most effective and equitable means 
of achieving the purposes of this section .. Manufacturers of electronic devices and 
components, in working to achieve the goals and objectives of this section, should have 
the flexibility to act in partnership with each other, with state, municipal and regional 
governments and with businesses that provide collection and handling services to 
develop, implement and promote a safe and effective electronics recycling system for the 
State. 
Sec. 38. 38 MRS A §1610, sub-§2, ~, as reallocated by RR 2003, c. 2, § 119, is 
amended to read: 
B. 
"Consolidation facility" means a facility where electronic wastes are 
consolidated and temporarily stored while awaiting shipment of at least a 40-foot 
trailer full of covered electronic devices to a recycling, treatment or disposal facility. 
"Consolidation facility" includes a transport vehicle owned or leased by a recycling 
and dismantling facility with a minimum 40 foot trailer consolidator and used to 
collect covered electronic devices at municipal collection sites in this State at a cost 
no greater than the per pound transportation rate for a full 40-foot trailer as approved 
by the department for each consolidator pursuant to the rules governing reasonable 
operational costs adopted under subsection 5, paragraph D, subparagraph 1. 
Sec. 39. 38 MRSA §1610, sub-§2, ~-1 is enacted to read: 
B-1. 
"Consolidator" means a person that provides consolidation and handling 
services for electronic wastes and that operates at least one consolidation facility. 
Sec. 40. 38 MRS A §1610, sub-§2, ~, as amended by PL 2005, c. 330, §37, is 
further amended to read: 
D. "Manufacturer" means a person who manufaotlH'es and sells, or has sold, by any 
means, inoluding, but not limited to, transaotions oonduoted through sales outlets, 
oatalogs or the Internet, a sovered elestrorns de:vioe under its OVln brand or sells, or 
has sold, a sovered elestrorno devioe produoed by other suppliers under its own brand 
and label. ~ 
(1) Manufactures or has manufactured a covered electronic device under its own 
brand or label; 
(2) Sells or has sold under its own brand or label a covered electronic device 
produced by other suppliers; 
(3) Imports or has imported a covered electronic device into the United States 
that is manufactured by a person without a presence in the United States; or 
(4) Owns a brand that it licenses or licensed to another person for use on a 
covered electronic device. 
Sec. 41. 38 MRSA §1610, sub-§5, as amended by PL 2005, c. 330, §38, is 
further amended to read: 
5. 
Responsibility for recycling. 
Municipalities, oonsolidation faoilities 
consolidators, manufacturers and the State share responsibility for the disposal of covered 
electronic devices as provided in this subsection. 
A. 
Each municipality that chooses to participate in the state collection and recycling 
system shall ensure that computer monitors and televisions generated as waste from 
households within that municipality's jurisdiction are delivered to a consolidation 
facility in this State. A municipality may meet this requirement through collection at 
and transportation from a local or regional solid waste transfer station or recycling 
facility, by contracting with a disposal facility to accept waste directly from the 
municipality's residents or through curbside pickup or other convenient collection and 
transportation system. 
B. 
A oonsolidation fasilit~r consolidator is subject to the requirements of this 
paragraph. 
(1) 
Beginning January 1, 2006, a oonsolidation faoility consolidator shall 
identify the manufacturer of each waste computer monitor and waste television 
delivered to the a consolidation facility and identified as generated by a 
household in this State and shall maintain an accounting of the number of waste 
household computer monitors and waste household televisions by manufacturer. 
By March 1 st each year beginning in 2007, a OOR5olidation ... .fa€ility consolidator 
shall provide this accounting by manufacturer to the department. 
(2) 
A oonsolidation faoility consolidator may perform the manufacturer 
identification required by subparagraph (1) at the consolidation facility or may 
contract for this identification and accounting service with the recycling and 
dismantling facility to which the waste is shipped. 
(3) 
A oonsolidation faoility consolidator shall work cooperatively with 
manufacturers to ensure implementation of a practical and feasible financing 
system. At a minimum, a oonsolidation faoility consolidator shall invoice the 
manufacturers for the handling, transportation and recycling costs for which they 
are responsible under the provisions of this subsection. 
(4) A consolidation facility consolidator shall transport waste computer monitors 
and waste televisions to a recycling and dismantling facility that provides a sworn 
certification pursuant to paragraph C. A consolidation faoility consolidator shall 
maintain for a minimum of 3 years a copy of the sworn certification from each 
recycling and dismantling facility that receives covered electronic devices from 
the consolidation facility consolidator and shall provide the department with a 
copy of these records within 24 hours of request by the department. 
C. 
A recycling and dismantling facility shall provide to a consolidation faoility 
consolidator a sworn certification that its handling, processing, refurbishment and 
recycling of covered electronic devices meet guidelines for environmentally sound 
management published by the department. 
D. Computer monitor manufacturers and television manufacturers are subject to the 
requirements of this paragraph. 
(1) 
Ninety days after the department adopts rules as provided for in this 
subparagraph, each computer monitor manufacturer and each television 
manufacturer is individually responsible for handling and recycling all computer 
monitors and televisions that are produced by that manufacturer or by any 
business for which the manufacturer has assumed legal responsibility, that are 
generated as waste by households in this State and that are received at 
consolidation facilities in this State. In addition, each computer manufacturer is 
responsible for a pro rata share of orphan waste computer monitors and each 
television manufacturer is responsible for a pro rata share of orphan waste 
televisions generated as waste by households in this State and received at 
consolidation facilities in this State. The manufacturers shall pay the reasonable 
operational costs of the oonsolidation faoility consolidator attributable to the 
handling of all computer monitors and televisions generated as waste by 
households in this State, the transportation costs from the consolidation facility to 
a licensed recycling and dismantling facility and the costs of recycling. The 
manufacturers shall ensure that consolidation facilities are geographically located 
to conveniently serve all areas of the State as determined by the department. By 
November 1, 2005, the department shall adopt routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A that identify the criteria that consolidation 
facilities consolidators must use to determine reasonable operational costs 
attributable to the handling of computer monitors and televisions. 
(2) Each computer monitor manufacturer and television manufacturer shall work 
cooperatively 
with 
consolidation 
facilities 
consolidators 
to 
ensure 
implementation of a practical and feasible financing system. Within 90 days of 
receipt of an invoice, a manufacturer shall reimburse a consolidation facility 
consolidator for allowable costs incurred by that consolidation facility 
consolidator. 
E. 
Annually, beginning January 1, 2006, the department shall provide 
manufacturers and consolidation facilities consolidators 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. 42. 38 MRS A §1610, sub-§6, ~A, as amended by PL 2005, c. 561, §8, is 
further amended to read: 
A. 
A manufacturer shall develop a plan for the collection and recycling or reuse of 
computer monitors and televisions as follows. 
(1) By March 1, 2005, a manufacturer of computer monitors and a manufacturer 
. 19 
of televisions shall develop and submit to the department a plan for the collection 
and recycling or reuse of computer monitors and televisions produced by the 
manufacturer and generated as waste by households in this State. This plan must 
be based on the manufacturer's taking responsibility for its products upon receipt 
at consolidation facilities in the State. Following submission of the original plan, 
manufacturers may revise their plans at any time as they may consider 
appropriate in response to changing circumstances or needs only if these 
revisions conform to the provisions of this section and rules adopted pursuant to 
this section and are submitted to the department in a timely fashion. 
(2) Ninety days after the department adopts rules under subsection 5, paragraph 
D, subparagraph (1), a manufacturer of computer monitors and a manufacturer of 
televisions shall implement and finance the implementation of this plan for the 
collection and recycling or reuse of computer monitors and televisions produced 
by the manufacturer and generated as waste by households in this State. 
(3) Notwithstanding subparagraphs (1) and (2), a manufacturer may satisfy the 
plan requirements of this paragraph by agreeing to participate in a collective 
recovery plan with other manufacturers. The collective recovery plan must meet 
the same standards and requirements of the plans submitted by individual 
manufacturers. 
(4) The plan developed by the manufacturer must include, at a minimum: 
(a) 
A description of the collection system, including the methods of 
convenient collection; 
(b) A public education element to inform the public about the collection 
system, including details about meeting all consumer notification and 
labeling requirements; 
(c) 
Details for implementing and financing the handling of computer 
monitors and televisions produced by the manufacturer and orphan waste 
computer monitors and televisions that are generated as waste by households 
in this State and received by consolidation facilities in this State; 
(d) 
Details for the method of reimbursing consolidation facilities 
consolidators for the costs of handling and recycling the household computer 
monitors and televisions; 
(g) Descriptions of the performance measures that will be used and reported 
by the manufacturer to report recovery and recycling rates for computer 
monitors and televisions at the end of life of those computer monitors and 
televisions; and 
(i) Annual sales data on the number and type of computer monitors and 
televisions sold by the manufacturer in this State over the 5 years preceding 
the filing of the plan. 
The department may keep information submitted 
pursuant to this division confidential as provided under section 131 O-B. 
(5) A manufacturer is responsible for all costs associated with the development 
and implementation of the plan. If the costs are passed on to consumers, the 
costs must be imposed at the time of purchase and not with a fee imposed at the 
end of life of the computer monitor or television. 
Sec. 43. 38 MRSA §1665-A, sub-§9, as amended by PL 2003, c. 6, §1, is further 
amended to read: 
9. 
Reporting. 
Before January 1, 2003 and annually thereafter, motor vehicle 
manufacturers doing business in the State shall report to the joint standing committee of 
the Legislature having jurisdiction over natural resources matters on any fee or other 
charge collected on the sale of new motor vehicles for the purpose of paying the cost of 
carrying out the manufacturer responsibilities under subsection 5. 
The report must 
specify the amount of the fee or charge collected and how the amount of the fee or charge 
was determined. 
Before July 1, 2004 and annually thereafter, motor vehicle 
manufacturers shall report in writing to the department on the results of the source 
separation required under this section. The report must include, at a minimum, the 
number of mercury switches removed and recycled from motor vehicles during the 
previous calendar year; the estimated total amount of mercury contained in the 
components; and any recommendations to improve the future collection and recycling of 
motor vehicle components. 
Before January 1, 2004 and annually thereafter, the 
department shall report to the Mercury Products Advisory Committee joint standing 
committee of the Legislature having jurisdiction over natural resources matters on the 
effectiveness of the source separation required under this section, whether the partial 
reimbursement payment under subsection 5, paragraph B should be adjusted to increase 
the number of switches brought to consolidation facilities, whether other motor vehicle 
components should be added to the source separation efforts and whether the program 
should be terminated and, if so, when. 
Sec. 44. Applicability. Notwithstanding the Maine Revised Statutes, Title 32, 
Section 10010, any person certified as a Class 3 underground oil storage tank installer by 
the Board of Underground Oil Storage Tank Installers prior to the effective date of this 
Act may continue to install or remove underground oil storage tanks in accordance with 
the conditions and limitations of the certification until the certification expires by its 
terms. 
SUMMARY 
This bill amends the law governing certification of underground oil storage tank 
installers by the Board of Underground Oil Storage Tank Installers. The amendments 
eliminate the current distinction between Class I and Class II installers and eliminate the 
requirement to complete 6 tank installations as a condition of certification. In lieu of the 
latter requirement, candidates for certification must demonstrate field experience in 
accordance with rules to be adopted by the board. 
The bill amends the definition of "Code of Federal Regulations" to include those 
regulations effective on or before July 1, 2007. 
The bill amends the definition of "Federal Water Pollution Control Act" to include 
amendments effective on or before July 1,2007. 
The bill amends the transfer provision in the waste discharge laws to provide that 
application for transfer of a license must be made no later than 2 weeks after the transfer 
of ownership or interest in the source of the discharge is completed. 
The bill adds a rescission provision to the stormwater management laws. 
The bill amends the Fish River provision in the significant rivers list of the 
mandatory shoreland zoning laws to update a location description that refers to a bridge 
that has been removed. 
The bill amends the volume standard in the timber harvesting standard of the 
mandatory shore land zoning laws to be consistent with statewide timber harvesting 
standards adopted by the Department of Conservation. 
The bill amends the volume standard in the clearing of vegetation standard of the 
mandatory shore 1 and zoning laws to be consistent with statewide timber harvesting 
standards adopted by the Department of Conservation. 
The bill amends the bacteria standard for Class GPA waters in the water classification 
program to include Escherichia coli bacteria of domestic animal origin, consistent with 
other recent changes to bacteria standards in this program. 
The bill amends the Fish River provision in the list of outstanding river segments in 
the natural resources protection laws to update a location description that refers to a 
bridge that has been removed. 
The bill amends the Piscataquis River provision in the list of outstanding river 
segments in the natural resources protection laws to change the name of Little Squaw 
Township to Moosehead Junction Township. 
This bill amends the exemption in the natural resources protection laws for cutting or 
clearing subject to mandatory shoreland zoning laws to be consistent with statewide 
timber harvesting standards adopted by the Department of Conservation. 
This bill reduces the number of members on the Oil Spill Advisory Committee from 
to 9. 
This bill eliminates reference to 2 completed reporting requirements on the 
availability of insurance for oil storage tanks, while preserving the requirement to prepare 
an annual report on the adequacy of the Ground Water Oil Clean-up Fund. 
This bill provides for the biennial report on hazardous waste handling prepared by the 
Department of Environmental Protection under the Maine Revised Statutes, Title 38, 
section 1319-Q to be filed directly with the Legislature by November 1 s1. The bill also 
eliminates the need for the report to include recommendations for legislative action to 
develop and establish needed hazardous waste facilities. The current law provides for the 
report to be filed first with the Board of Environmental Protection for the purpose of 
making recommendations regarding the need for additional hazardous waste capacity. 
The board's responsibility to assess capacity needs was eliminated with the repeal of Title 
38, section 1319-Q, subsection 3 in 1993. 
This bill clarifies the law governing recycling of electronic waste by defining the 
term "consolidator" and amending the definitions of "consolidation facility" and 
"manufacturer." 
This bill requires the Department of Environmental Protection to submit the annual 
report on the removal of mercury switches from automobiles to the joint standing 
committee of the Legislature having jurisdiction over natural resources matters. Under 
current law, the report is submitted to the Mercury Products Advisory Committee, which 
ceased to exist as of August 1,2006 by operation of law. 
This bill adds language that removes any ambiguity that might be read into the State's 
environmental protection laws regarding the Department of Environmental Protection and 
Attorney General's shared responsibility for enforcement. 
This bill also adds language that removes any ambiguity that might be read into the 
Department of Environmental Protection fee setting authority regarding the amount 
subject to increase when an application is submitted after its due date.