An Act Establishing an Outdoor Wood Boiler Fund
Maine Legislature, Session 123, LD 2263
Committee: Natural Resources
Amends: 38 MRSA §610-B, 38 MRSA §610-C

Legislative Document 
No. 2263 
S.P.891 
March 19, 2008 
An Act Establishing an Outdoor Wood Boiler Fund 
Reported by Senator MARTIN of Aroostook for the Joint Standing Committee on Natural 
Resources pursuant to Joint Order, S.P. 886. 
Reference to the Committee on Natural Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary ofthe Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §610-B, sub-§4 is enacted to read: 
4. Emergency powers. If the commissioner finds after investigation that an outdoor 
wood boiler is being operated in a manner that may create a nuisance condition or a 
danger to public health or safety, the commissioner may order any person operating that 
outdoor wood boiler to immediately cease or prevent that operation, and the 
commissioner may take such action as may be necessary to terminate or mitigate the 
danger or likelihood of danger. The commissioner may also issue an order to any person 
contributing to the danger or likelihood of danger to cease or prevent that contribution. 
A. An order issued under this subsection must contain findings of fact describing, 
II 
insofar as possible, the site of the operation and the nuisance condition or danger to 
the public health or safety. 
B. Service of a copy of the commissioner's findings and order under this subsection 
must be made by the sheriff or deputy sheriff or by hand delivery by an authorized 
representative of the department in accordance with the Maine Rules of Civil 
Procedure. 
C. The person to whom the order is directed shall comply immediately. An order 
may not be appealed to the Superior Court, but the person to whom the 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 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 vote on a decision that continues, revokes 
or modifies the order. That decision must be in writing and signed by the board chair 
using any means for signature authorized in the department's rules and published 
within 2 working days after the hearing and vote. 
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 decision of the board may 
be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 
7. 
Sec. 2. 38 MRSA §610-C is enacted to read: 
§610-C. Outdoor Wood Boiler Fund 
1. Fund established. The Outdoor Wood Boiler Fund, referred to in this section as 
"the fund," is established as a nonlapsing fund administered by the commissioner to be 
used by the department to purchase and replace outdoor wood boilers that create a 
nuisance condition as defined in the department's rules or threat to public health or safety. 
2. Sources of money. The fund consists of any money received from the following 
sources: 
A. Appropriations by the State; 
Page I - 123LR3582(OI)-1 
B. Contributions from any other source, both public and private; and 
C. 
Up to $200,000 of civil penalties for violations of air quality laws or rules 
administered by the department if the penalties are imposed pursuant· to an 
administrative consent agreement or court-ordered consent decree and the person 
against whom the penalty is imposed expressly assents in the agreement or decree 
that the penalty may be paid into the fund. 
3. Application of fund. The department shall apply the money in the fund toward 
the purchase and replacement of outdoor wood boilers installed prior to February 1, 2008 
and determined by the department to constitute a nuisance condition or threat to public 
health or safety. The department shall adopt rules that include, but are not limited to, 
criteria for determining whether an outdoor wood boiler constitutes a nuisance condition 
or threat to public health or safety and is eligible for use of the fund, compensation 
criteria and amounts and procedures for certification and verification of removal and 
possible replacement of eligible outdoor wood boilers. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill creates the Outdoor Wood Boiler Fund with which outdoor wood boilers 
determined by the Department of Environmental Protection to constitute a nuisance 
condition or threat to public health or safety will be purchased by the State and retired or 
replaced with units that do not create a nuisance condition or threat to public health or 
safety. 
The bill also provides the Commissioner of Environmental Protection the 
authority to shut down any outdoor wood boiler that creates a nuisance condition or threat 
to public health or safety.