An Act To Amend Certain Laws Related to Environmental Protection
Maine Legislature, Session 123, LD 2119
Committee: Natural Resources
Sponsors: MARTIN, KOFFMAN, PINGREE
Amends: 5 MRSA §12004-D, 12 MRSA §683, 38 MRSA §341-A, 38 MRSA §3, 38 MRSA §480-I, 38 MRSA §562-A, 38 MRSA §563, 38 MRSA §566-A, 38 MRSA §568, 38 MRSA §1310-E, 38 MRSA §1310-F, 38 MRSA §1316-C, 38 MRSA §1316-G, 38 MRSA §1319-G, 38 MRSA §1367, 38 MRSA §1609, 38 MRSA §1665-A

Legislative Document 
No. 2119 
S.P.809 
December 31, 2007 
An Act To Amend Certain Laws Related to 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 and 
Representative: PINGREE of North Haven. 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 
MRSA §12004-D, sub-§l, as enacted by PL 1987, c. 786, §5, IS 
amended to read: 
1. 
II 
Maine Land Use Regulation 
Commission 
Legislative Per Diem 
$100 per day plus 
expenses 
MRSA §683 
Sec. 2. 5 MRSA §12004-D, sub-§2,as amended by PL 1989, c. 503, Pt. A, §8 
and c. 890, Pt. A, §§3 and 40, is further amended to read: 
2. 
Board of Environmental 
Protection 
Legislative Per Diem 
$100 per day plus 
expenses 
MRSA §341-A 
Sec. 3. 38 MRSA §3S2, sub-§3, as amended by PL 2001, c. 212, §2, is further 
amended to read: 
3. 
Special fcc. 
The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November I 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 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. 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. 
Sec. 4. 38 MRSA §480-I, su b-§3, as enacted by PL 1997, c. 230, § I, is repealed. 
Sec. 5. 38 MRSA §562-A, sub-§17, ~, as enacted by PL 1993, c. 363, §7 and 
affected by §21, is amended to read: 
E. 
With regard to sections 568, 568-A, 569-A and 570, persons described in 
paragraphs A to [) with regard to aboveground oil storage facilities. 
Sec. 6. 38 MRSA §563, sub-§4, as repealed and replaced by PL 1989, c. 865, §5, 
is amended to read: 
I 
4. Registration fees. The owner or operator of an underground oil storage facility 
shall pay an annual ~ fee to the department of $B $lQQ for each tank registered under 
this section located at the facility, except that single family homeowners are not required 
to pay a fee for a tank at their personal residence. Annual payments The fee must be paid 
on OF before January I st of each calendar year at the time the tank is first registered and 
every 3 years thereafter upon receipt of a bill from the department. The department may 
Qrorate the fee for new installations to put all tank owners and operators on the same 
billing cycle. 
Sec. 7. 38 MRSA §566-A, sub-§l-A, as enacted by PL 1991, c. 763, §6, IS 
amended to read: 
II 
I-A. Abandoned tanks brought back into service. Underground oil storage tanks 
and facilities that have been out of service for a period of more than 12 months may not 
be brought back into service without the written approval of the commissioner. The 
commissioner mav approve the return to service if the owner can demonstrate 
demonstrates to the commissioner's satisfaction that: 
A. 
The facility is in compliance with this subchapter and rules adopted pursuant to 
this subchapter; 
B. 
The underground oil storage tank and piping have successfully passed precision 
testing as directed by the commissoner; aOO 
C. 
The underground oil storage tank and piping are constructed of fiberglass, 
cathodically protected steel or other equally noncorrosive material approved by the 
commissionero~ 
D. The tank to be brought back into service has secondary containment; 
E. The facility has suction piping; and 
F-'-. 
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 
?!!QlJlies and the proximity of the facility to sensitive geologic areas. 
Sec. 8. 38 MRSA §568, sub-§l, as amended by PL 1991, c. 817, §22, is further 
amended to read: 
1. Removal. Any person discharging or suffering a discharge of oil to ground water 
&Ql!!Jdwater in the manner prohibited by section 543 and any other responsible party 
shall immediately undertake to remove that discharge to the commissioner's satisfaction. 
Notwithstanding this requirement, the commissioner may order the removal of that 
discharge pursuant to subsection 3, or may undertake the removal of that discharge and 
retain agents and contractors for that purpose, who shall operate under the direction of the 
cOlllmissioner. Any unexplained discharge of oil to ground I#ater groundwater within 
state jurisdiction must be removed by or under the direction of the commissioner. Any 
expenses involved in the removal of discharges. whether by the person causing the 
discharge, the person reporting the discharge, the commissioner or the commissioner's 
agents or contractors, may be paid in the first instance from the Ground Water Oil Clean-
up Fund, including any expenses incurred by the State under subsection 3, and any 
reimbursements due that fund must be collected in accordance with section 569-A or 569-
B. 
Sec. 9. 38 MRSA §1310-E1, sub-§4, as amended by PL 2001, c. 626, §18, is 
further amended to read: 
4. Subsequent landfill closure activity. Any municipality that closes a landfill 
pursuant to subsection 1, 2 or 3 and that inspects, monitors and maintains the closure 
measures as required pursuant to those subsections as necessary to ensure the closure 
I 1 
measures remain effective under subsection 6 is entitled to an assurance from the 
department that the municipality has met its closure obligations and that no further 
closure action other than inspection, monitoring and maintenance is required of the 
municipality by the department with regard to that landfill unless one or more of the 
following circumstances arises: 
A. 
The commissioner finds that the landfill, although closed, is nonetheless a high-
risk landfill and orders further closure or remediation activities; 
B. 
Additional closure or remediation activities are needed and the department's cost 
share of the additionally required activity is immediately available; or 
C. Additional closure or remediation activities are required as a result of an existing 
or pending formal department enforcement action with respect to the violation of the 
license conditions under which a landfill was operated. 
Nothing with regard to this assurance ts may be construed to limit the department's 
authority to act using its own resources as that activity may be otherwise authorized by 
law. 
Sec. 10. 38 MRSA §1310-E1, sub-§6 is enacted to read: 
6. Post-closure maintenance. A municipality that closes a landfill pursuant to 
subsection 1, 2 or 3 shall inspect, monitor and maintain the closure measures required 
under those subsections as necessary to ensure that the closure remains effective. 
Sec. 11. 38 MRSA §1310-F, sub-§l-A, as enacted by PL 1993, c. 732, Pt. C, 
§ 14, is amended to read: 
I-A. 
Remediation cost-share fraction. 
Subject Except as provided under 
subsection 2 and subject to the availability of funds, the commissioner shall issue grants 
or payments to eligible municipalities for 90% of the planning and implementation costs 
of remediation. 
Sec. 12. 38 MRSA §1316-C, first~, as enacted by PL 1991, c. 517, Pt. A, §2, is 
amended to read: 
Each responsible party is jointly and severally liable for all costs incurred by the 
State, including court costs and attorney's fees, for the abatement, cleanup or mitigation 
I 
of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury 
to, destruction of Sf, loss of or loss of use of natural resources of the State resulting from 
the uncontrolled tire stockpile, including the reasonable costs of assessing natural 
resources damages. The commissioner shall demand prompt reimbursement of all costs 
incurred under sections 1316-A and 1316-8. If payment is not received by the State 
within 30 days of demand, the Attorney General may file suit in the Superior Court and 
may seek reimbursement of other costs and any other relief provided by law. 
Notwithstanding the time limits stated in this section, neither a demand nor other 
recovery efforts against one responsible party may relieve any other responsible party of 
liability. 
II 
Sec. 13. 38 MRSA §1316-G, sub-§I, 'JH, as enacted by PL 1995, c. 578, §I, is 
amended to read: 
H. 
Educate the publ ic and encourage use of tires based on consideration of 
cnvironmental and public health impacts as well as market conditions; and 
Sec. 14. 38 MRSA §1316-G, sub-§I, ~rI, as enacted by PL 1995, c. 578, §I, is 
amended to read: 
I. 
Contract for services to reduce tire stockpiles and abate significant risk to the 
environment and public health at tire stockpile sites-;-aOO~ 
Sec. 15. 38 MRSA §1316-G, sub-§l, ~J, as enacted by PL 1995, c. 578, § I, is 
repealed. 
Sec. 16. 38 MRSA §1319-G, sub-§I, as amended by PL 1991, c. 817, §34, is 
further amended to read: 
1. 
Recovery. 
The commiSSIOner shall seek recovery to the use of the Maine 
Hazardous Waste Fund of all sums expended from the fund, including overdrafts, for 
disbursements made from the fund under section 1319-E, subsection I, paragraphs A, 8 
and C, including interest computed at -W% 15% a year from the date of expenditure, 
unless the commissioner finds the amount too small or the likelihood of recovery too 
uncertain. Requests by the department for reimbursement to the Maine Hazardous Waste 
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 
I 
by the department with the approval of the Attorney General pursuant to Title 5, section 
191. 
The commissioner may file a claim with or otherwise seek money from federal agencies 
to recover to the use of the fund all disbursements from the fund. 
Sec. 17. 38 MRSA §1367, first ~, as amended by PL 1991, c. 312, §3, is further 
amended to read: 
Each responsible party is jointly and severally liable for all costs incurred by the State 
for the abatement, cleanup or mitigation of the threats or hazards posed or potentially 
posed by an uncontrolled site, including, without limitation, all costs of acquiring 
property, and for damages for injury to, destruction of Sf, loss of or loss of use of natural 
I 
resources of the State resulting from hazardous substances at the site or from the acts or 
omissions of a responsible party with respect to those hazardous substances and for the 
reasonable costs of assessing natural resources damages. The commissioner shal1 demand 
reimbursement of costs and payment of damages to be recovered under this section and 
payment must be made promptly by the responsible party or parties upon whom the 
demand is made. Requests for reimbursement to the Uncontrol1ed Sites Fund, if not paid 
within 30 days of demand, may be turned over to the Attorney General for col1ection or 
may be submitted to a col1ection agency or agent or an attorney retained by the 
department with the approval of the Attorney General pursuant to Title 5, section 191. 
The Attorney General or an attorney retained by the department may file suit in the 
II 
Superior Court and, in addition to relief provided by other law, may seek punitive 
damages. 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 I iabi lity. 
Sec. 18. 38 MRSA §1609, sub-§4, as enacted by PL 2007, c. 296, § 1, is amended 
to read: 
4. 
"Deca" mixture of polybrominated diphenyl ethers in home furniture. 
Effective January I, 2008, a person may not manufacture, sell or offer for sale or 
distribute for sale or use in the State any of the following products that have plastic fibers 
containing contain the "deca" mixture ofpolybrominated diphenyl ethers: 
A. A mattress or mattress pad; SF and 
B. 
Upholstered furniture intended for indoor use 111 a home or other residential 
occupancy. 
Sec. 19. 38 MRSA §1665-A, sub-§9, as amended by PL 2007, c. 292, §45, 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 I, 2004 and annually thereafter, motor velt-i€re 
manufacturers ~;hall report in writing to the department on the results of the source 
separation required under this section. 
The repOli must include, at a minimum,--tfle 
number or mercury sv. itches removed and recycled from motor vehicles during the 
previolls calendar year; the estimated total amount of mercury contained i~ 
€Bll1ponents: and any recommendations to improve the future collection and recycling of 
motor '>Chicle components. 
Before January L 2004 and annually thereafter, the 
def*irtlllent shall report to the joint standing committee of the Legislature having 
jurisdiction over natural resources matters 011 the effectiveness of the source separation 
retj*Hred under thi~; section, whether the partial reimbursement payment under subsection 
.§,paragraph B should be adjusted to increase the number of switches brought-to 
consolidation facilities, v.hether other motor vehicle components should be added to the 
source separation efforts and whether the program should be terminated and, if so, ,,.,,hen. 
When the commissioner determines that the number of mercury switches available for 
collection is too small to warrant continuation of the program, the department shall 
recommend to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters that the mercury switch removal, collection and recycl ing 
!:~uirements of this section be repealed. The committee may report out a bill repealing 
th~s~~tion. 
SUMMARY 
This bill: 
1. 
Increases the per diem for members of the Maine Land Use Regulation 
II 
Commission and the Board of Environmental Protection to $100 per day when in 
attendance at meetings and hearings; 
2. Amends the law that provides for special fees by eliminating the cap and including 
the costs of any appeals; 
3. Repeals a requirement that the Commissioner of Environmental Protection and the 
Commissioner of Inland Fisheries and Wildlife jointly report by January I, 1998 and on 
or before January 1 st of every odd-numbered year thereafter to the joint standing 
committees of the Legislature having jurisdiction over natural resource matters and inland 
fisheries and wildlife matters on the progress of the mapping of significant wildlife 
habitats; 
4. Amends the oil storage laws to clarify that the teml "responsible party" as used in 
those laws includes the owner or operator of an oil storage tank and any person who 
causes a discharge from the tank; 
5. Amends the law requiring payment of registration fees on oil storage tanks to 
reduce the frequency of payment; 
6. Clarifies the circumstances under which abandoned underground oil storage tanks 
may be returned to service; 
7. Amends the law governing closure of municipal landfills to make it clear that 
municipalities must inspect, monitor and maintain their closed landfills as necessary to 
ensure that the landfill caps and other closure measures remain effective; 
8. 
Amends the law requiring the Department of Environmental Protection to pay 
90% of municipal landfill remediation costs to incorporate a cross-reference to other 
provisions of law that reduce the department share to 50% and zero in certain 
circumstances; 
9. 
EI im inates the requirement that the Department of Environmental Protection 
report to the Legislature regarding the progress, adequacy of funding and any legislation 
needed to ach ieve reduction of tire stockpi les and beneficial reuse of tires since this report 
is no longer required; 
10. Changes the interest rate on reimbursements to the Maine Hazardous Waste Fund 
to 15% to be consistent with all the other interest provisions administered by the 
Department of Environmental Protection; 
II. Amends the laws governing tire stockpile abatement and uncontrolled hazardous 
substance sites to make the language regarding recovery of natural resources damages 
consistent with corresponding language under the oil spill cleanup laws; 
12. Amends the law banning the sale of mattresses, mattress pads and residential 
upholstered furniture that contain the flame retardant decabromodiphenyl ether to make it 
clear that these products may not be sold in Maine after January I, 2008 regardless of 
how the chemical is applied to or incorporated into the product; and 
II 
13. 
Repeals the requirement to report annually on the removal, collection and 
recycling of mercury switches in motor vehicles and directs the Department of 
Environmental Protection to recommend repeal of the switch removal and recycling 
requirements when the commissioner determines that the number of mercury switches 
IS 
available for collection is too small to warrant continuation of the program.