An Act Pertaining to Response Costs Incurred by the Department of Environmental Protection under the Waste Motor Oil Disposal Site Remediation Program
Maine Legislature, Session 124, LD 1386
Committee Amendment CA_A_S204 (Senate)
Amends: 10 MRSA §1020-A

COMMITTEE AMENDMENT" A" to S.P. 502, L.D. 1386, Bill, "An Act 
Pertaining to Response Costs Incurred by the Department of Environmental Protection 
under the Waste Motor Oil Disposal Site Remediation Program" 
Amend the bill by striking out all of section I and inserting the following: 
'Sec. 1. 10 MRSA §1020-A, sub-§4, ~A-l is enacted to read: 
A-I. The provisions of this paragraph may be used as an alternative to the procedure 
described in paragraph A. This alternative procedure may be used only when the 
authority is advised by the Department of Environmental Protection of the issuance 
of a certificate of final response costs and a final remedy selection for the remedy that 
will be or has been implemented by the department at the Ellsworth, Casco or 
Presque Isle waste motor oil disposal sites identified in section 963-A, subsection 5 I-
E, paragraphs B, C and D. 
(1) 
Upon notification by the Department of Environmental Protection, the 
authority shall determine the costs for that site that represent the collective share 
of those persons eligible under subsection 7 to have their share of the costs for 
the waste motor oil disposal site paid from the proceeds of revenue obligation 
securities. The proceeds of revenue obligation securities may be used only to 
fund the proportion of response costs attributable to responsible parties that are 
eligible under subsection 7. The authority may disburse proceeds of revenue 
obligation securities only after January 15, 2010 or after all Plymouth waste 
motor oil disposal site response costs set forth in a certificate of costs and a 
celtificate of determination under paragraphs A and B have been paid to or on 
behalf of eligible persons from the proceeds of revenue obligation s'ecurities, 
whichever occurs first. In determining the amount of response costs incurred by 
the department, the authority shall rely on a written certificate of response costs 
fi'om the department 'supported by copies of invoices, receipts or other evidence 
of payment. The department shall make the certificate of costs and supporting 
evidence available for public review and comment for a minimum of 30 days 
before receiving any disbursements from the proceeds of the revenue obligation 
Page I - 124LR1956(02)-1 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT" A 
"to S.P. 502, L.D. 1386 
securities. Notice of the availability of cost information and the opportunity for 
public comment must be included in the public notice made pursuant to 
subsection 7, paragraph· B, placed on the publicly accessible website of the 
department and sent to persons that have registered with the department as 
interested in receivirig a notice of availability of response cost information for the 
site. If warranted by public comment, the department shall provide the authority 
with an amended certificate of final response costs. 
(2) Upon receipt of full payment of eligible response costs for a responsible 
party from the proceeds of the revenue obligation securities for a site: 
Ca) The department or any other agency or instrumentality of the State 'may 
not sue or take administrative action against that responsible party pursuant 
to any state or federal statute or common law regarding response costs or 
environmental conditions related to the release, threatened release or 
presence of hazardous substances at or from the site prior to the effective date 
of this paragraph, including, without limitation, past response costs, future 
response costs, oversight costs, natural resource damages and the cost of 
assessment; and 
(b) The eligible person on whose behalf the authority paid response costs to 
the department is protected from contribution actions or claims regarding that 
site. 
(3) If responsible parties at the Ellsworth, Casco or Presque Isle waste motor oil 
disposal sites identified in section 963-A, subsection 51-E, paragraphs B, C and 
D are determined to not be eligible persons as defined in section 1020, subsection 
1, paragraph' A, the, department· shall negotiate in good faith with those 
responsible parties and seek to enter into a consent decree or other final 
settlement order or agreement under which the responsible parties agree to pay 
their proportionate share of response costs calculated in the same manner as for 
those persons determined to be eligible under subsection 7. Any consent decree 
or other settlement agreement entered into in accordance with this subparagraph 
must include a covenant not to sue and contribution protection as provided for in 
this paragraph.' 
Amend the bill by inserting after section 5 the following: 
'Sec. 6. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Deallocates funds in response to transaction cost savings generated from 
allowing direct reimbursement from the waste motor oil disposal site remediation 
program at the Finance Authority, of Maine to the Department of Environmental 
Protection, which eliminates negotiating with responsible parties. 
COMMIT 
'E AMENDMENT 
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COMMITIEE AMENDMENT" A" to s.p. 502,L.D. 1386 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2009-10 
($200,000) 
($200,000) 
2010-11 
($300,000) 
($300,000) 
This amendment amends the provisions in the bill regarding an alternative method for 
payment to the Department of Environmental Protection for cleanup performed at waste 
motor oil disposal sites. The amendment clarifies that the alternative procedure may be 
used only upon issuance of a certificate of final response costs and a final remedy 
selection at the Ellsworth, Casco and Presque Isle waste motor oil disposal sites. It 
provides that the department may only receive payment after January 15,2010 or after all 
response costs at the Plymouth waste motor oil disposal site have been paid to eligible 
. persons, whichever occurs first. It clarifies the future liability of eligible responsible 
parties against suits by the State and third parties. It requires the department to negotiate 
in good faith with persons who are not determined to be eligible persons. 
The amendment also adds an appropriations and allocations section to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/22/09 .:b/.czc 
LD 1386 
LR 1956(02) 
An Act Pertaining to Response Costs Incurred by the Department of Environmental Protection under 
the Waste Motor Oil Disposal Site Remediation Program 
Fiscal Note for Bill as Amended by Committee Amendment "A" 
Appropriations/Allocations 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
($200,000) 
($300,000) 
Projections 
2011-12 
($100,000) 
Pmjections 
2012-13 
$0 
Under currentlaw, the Department of Environmental Protection (DEP) negotiates reimbursement from responsible 
parties for cleanup expenditures from DEP's Uncontrolled Sites Fund. The eligible responsible parties t~en apply to 
the Finance Authority of Maine (FAME) Waste Oil Disposal Site Remediation Program for reimbursement. This bill 
allows FAME to directly reimburse the DEP's Uncontrolled Sites Fund instead of reimbursing the responsible parties 
who have paid DEP. The DEP will be able to reduce transaction and negotiating costs associated with recovering 
funds from eligible responsible parties, allowing a deallocation of$200,000 in FY 2009-10 and $300,000 in FY 2010-, 
11. Additional costs to the Finance Authority of Maine can be absorbed within existing budgeted resources. 
LR1956(02) - Fiscal Note - Page 1 of 1 
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