An Act To Stabilize Funding for Hazardous Material Emergency Response by the Department of Environmental Protection and Enhance Response Efforts of the Maine Emergency Management Agency
Maine Legislature, Session 124, LD 1793
Committee: Natural Resources
Sponsors: PERRY, BARTLETT, PRATT
Amends: 8 MRSA §801, 37-B MRSA §801, 37-B MRSA §802, 37-B MRSA §806

Legislative Document 
No. 
H.P.1281 
House of Representatives, February 23,2010 
An Act To Stabilize Funding for Hazardous Material Emergency 
Response by the Department of Environmental Protection and 
Enhance Response Efforts of the Maine Emergency Management 
Agency 
Reference to the Committee on Natural Resources suggested and ordered printed. 
17/~1J1. 7lldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PERRY of Calais. (GOYERNOR'SBILL) 
Cosponsored by Senator BARTLETT of Cumberland and 
Representative: PRATT of Eddington, Senator: PERRY of Penobscot. 
Printe!) UI1 ,.~cyd~u pnpcr 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-8 MRSA §801, sub-§l,as enacted by PL 1989, c. 464, §3,is amended 
~re~:-
1. Fees required. The operators of aAy f! faci"lity that is required to rep0\1 to the 
'State Emergency Response Commission under the Superf9nd Amendments,' and 
Reauthorization Act of 1986, Public Law 99-499,-Title III, Sections 311; 312 and 313, 
and all natural gas pipeiines are subjecqo the fe~s adoptee! pursuant to subsection 2. All 
fees collected pursuant to this section sHaH must be deposited in the Emergency Response 
Commission Fund. 
\ 
Sec. 2. 37-B MRSA §801, sub..,§2, as enacted by PL 1989, c. 464, §3, is amended 
to read: 
. 
, 12 
2. 
Fees, established. The director, with the advice of the commISSIOn and the 
Commissioner of Environmental Protection and subject to the Maine Administrative " 
14. 
Procedures Procedure Act, Title 5, chapter 375, shall promulgate adopt rules to establish 
a fee schedule for: 
A. Registering facilities, not to exceed $50 per facility; aRd 
B. Reporting hazardous materials~ on a weight basis per chemicak and 
C. Natural gas pipelines, not to exceed 2¢ per 5,000 cubic feet of g~s transported. 
The fee on natural gas must be paid quarterly by the owner of the pipeline in which the 
gas isf'irst transported in the State. 
Sec. 3. 37-B MRSA §802, sub-§l; GjfC, as enacted by PL 1989, c. 464, §3, is 
amended to read: 
C. To provide training grants; aRd 
Sec. 4. 37-B MRSA §802, sub-§l, E[D~ as enacted by PL 1989, c. 464, §3, is 
amended to read: 
D. To' provide for the resource needs of the local emergency planning committees7~ 
Sec.' 5. 37-B MRS A §'802,sub-§1, GjfE is enacted to read: 
E. 
To reimburse the Maine Hazardous Waste Fund established under Title 38, 
section 1319-0 for sums expended to pay costs,. including without limitation' 
personnel, equipment and training costs, 'incurred by the' Department of 
EnVIronmental Protection for emergency response related to the discharge of 
hazardous material to the extent those costs are not recovered from the responsible 
parties; and 
Sec. 6. 37-B MRSA §802, sub-§l, GjfF is enacted to read: 
) 
) 
) 
n 
I '-' 
,9 
]9 
L, 
F. 
To the Uncontrolled Sites Fund established under Title 38, section 1364, 
subsection 6, to be used by the Oepartment of Environmental Protectiorlto carry out 
its responsibilities related to uncontrolled hazardous substance sites. 
Sec. 7. 37-B MRSA §806, sub-§l, as enacted by PL 1989, c. 464, §3, is amended 
to read: 
1. Orders. The commission and the Commissioner of Environmental Protection 
may issue orders.requiring the owner or operator of a facility or other responsible person 
at a facility to abate a violation of any section of this subchapter or rule adopted under it. 
Sec. 8. 38 MRS A §347-A, sub-§l, ~A, as amended by PL 2003, c. 245, §5, is 
further amended to read: 
A. Whenever it appears to the commissioner, after investigation, that there is or has 
been a violation of this Title,ef or rules adopted under this Title, of Title 37-8, 
chapter 13, subchapter 3-A or rules adopted under that subchapter or of the terms or 
conditions of a license, permit or order issued by the board or the commissioner, the 
commissioner may initiate an enforcement action by taking one or more of the 
following steps: 
(1) 
Resolving the violation through an administrative consent agreement 
pursuant to subsection 4, signed by the violator and approved by the, board and 
the Attorney General; 
(2) 
,Referring the violation to the Attorney General for civil or criminal 
prosecution; 
(3) Scheduling and holding an enforcement hearing on the alleged violation 
pursuant to subsection 2; or 
(4) With the prior approval of the Attorney General, commencing a civil action 
pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, 
Rule 3. 
SUMMARY 
This' bill establishes a fee on natural gas transported by pipeline in the, State. 
Revenue from the fee must be deposited in the Erriergency Response Commission Fund 
to be used by the Maine Emergency Management Agency in support of planning and 
training for local emergency response to hazardous material incidents. 
The bill authorizes the transfer of money from the Emergency Response Commission 
Fund to the Maine Hazardous Waste Fund for the purpose of paying costs related to 
hazardous 'material emergency resp~nse incurred by the Department of Environmental 
Protection. The bill also authorizes transfers to the Uncontrolled Sites Fund to be used by 
the Department of Environmental Protection to carry out its responsibilities related to the 
oversight of uncontrolled hazardous substance sites. 
The bill authorizes the Commissioner of Environmental Protection to take 
enforcement action against facilities with hazardous materials th~t fail to register with the 
. Page 2 - 124LR2S7S(Ol)-1 
:2 
Maille Emergency Ml;lnagement Agency as required under the Maine Revised Statutes, 
Title 37-B, chapter 13, subchapter 3-A. 
) 
) 
)