An Act To Continue Coverage of Oil Crean-up Costs and Improve Administration of the Ground Water Oil Clean-up Fund
Maine Legislature, Session 124, LD 1332
Committee Amendment CA_A_H360 (House)
Amends: 38 MRSA §568-A, 38 MRSA §568-B, 38 MRSA §569-B, 38 MRSA §570

COMMITTEE AMENDMENT "A" to H.P. 936, L.D. 1332, Bill, "An Act To 
Continue Coverage of Oil Crean-up Costs and Improve Administration of the Ground 
Water Oil Clean-up Fund " 
Amend the bill by striking out all of section I. 
Amend the bill by striking out all of sections 9 to II. 
Amend the bi II by striking out all of section 15. 
Amend the bill by striking out all of sections 17 to 31 and inserting the following: 
'Sec. 17. 38 MRSA §568-A, sub-§7, as amended by PL 2003, c. 245, § 10, is 
further amended to read: 
7. Repeal date. This section is repealed December 31, ;w..w 2015. 
Sec. 18. 38 MRSA §568-B, sub-§3, as. enacted by PL 2003, c. 245, § II, is 
amended to read: 
3. Repeal date. This section is repealed December 31, ;w..w 2015. 
Sec. 19. 38 MRS A §569-A, sub-§13, as amended by PL 2003, c. 245, § 13, is 
further amended. to read: 
13. Repeal date. This section is repealed December 31, ~ 
2015. 
Sec. 20. 38 MRSA §569-B, sub-§8, as amended by PL 2003, c. 245, § 14, is 
further amended to read: 
8. Effective date. This section takes effect December 31, ~ 
2015. 
Sec. 21. 38 MRSA §570, first~, as affected by PL 2003, c. 245, §§20 and 21 and 
amended by PL 2007, c. 292, §§35 and 36, is repealed and the following enacted in its 
place: 
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. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" If" to H.P. 936, L.D. 1332 
Accordingly, each responsible party is jointly and severally liable for all disbursements 
made by the State pursuant to section 569-A, subsection 8, paragraphs 8, D, E, Hand J, 
or other damage incurred by the State, except for costs found by the commissioner to be 
eligible for coverage under section 568-A. 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, the 
reasonable costs of assessing natural resources damage and the costs of preparing and 
implementing a natural resources restoration plan. 
The commissioner shall demand 
reimbursement of costs and damages paid by the department from state or federal funds 
as provided under section 569-A, subsection 10 except for amounts that are eligible for 
coverage by the fund under this SUbchapter. Payment must be made promptly by the 
responsible paIty 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 effOIts against one responsible party may relieve any other responsible party of 
liability. This paragraph is repealed December 31, 2015. 
Sec. 22. 38 MRSA §S70, as affected by PL 2003, c. 245, §§20 and 21 and 
amended by PL 2007, c. 292, §§35 and 36, is further amended by adding after the first 
paragraph a new paragraph to read: 
This paragraph takes effect December 31, 2015. 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 of3rd-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. 23. 38 MRSA §S70-A, last Gjf, as amended by PL 2003, c. 245, § 15, IS 
further amended to read: 
This section is repealed December 31, ~ 
2015. 
Sec. 24. 38 MRSA §S70-B, last Gjf, as amended by PL 2003, c. 245, § 16, IS 
further amended to read: 
This section is repealed December 31, ~ 
2015. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,It" to H.P. 936, L.D. 1332' 
Sec. 25~ 38 MRS A §570-I, last 'iI, as amended by PL 2003" c. 245, § 17, is further 
amended to read: 
This section takes effect December 31, W-W 2015. 
Sec. 26. 38 MRSA §S70-J, last~, as amended by PL 2003, c. 245, § 18, is further 
amended to read: 
This section is effective December 31, W-W 2015. 
Sec. 27. PL 1991, c. 817, §28, as amended by PL 2003, c. 245, §20, is repealed. 
Sec. 28. PL 1991, c. 817, §30, as amended by PL 2003, c. 245, §21, is repealed. 
Sec. 29. Review and evaluation. The Department of Environmental Protection, 
lOin cOl')sultation with interested parties, shall review and evaluate the current framework 
for funding investigations and the cleanup of tank-related oil discharges at voluntary 
response action program sites under the Maine Revised Statutes, Title 38, section 343-E 
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and sites contaminated by discharges during the delivery of oil to an oil storage facility. 
The department shall make recommendations for sustainable public or private funding of 
the investigation and cleanup of those sites. By January 15, 2010, the department shaH 
submit to the Joint Standing Committee on Natural Resources a report 'detailing its 
findings and recommendations, and the committee may report out legislation to the . 
Sec. 30. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Remediation and Waste Management 0247 
Initiative: Deallocates funds as a result of limiting eligibility for coverage and modifying 
other activities to reduce expenditures from the Ground Water Oil Clean-up Fund. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
($500,000) 
($500,000) 
2010-11 
($500,000) 
($500,000) 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill: 
1. It extends the sunset date of the Ground Water Oil Clean-up Fund to December 
31,2015; 
2. It strikes the provision in the bill that proposes to require oil delivery companies to 
train their drivers in proper procedures for spill prevention, reporting and containment; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·A "to H.P. 936, L.D. 1332 
.3. 
It strikes the provision in the bill that proposes to make costs incurred to 
implement a voluntary response action plan ineligible for coverage by the fund; 
4. It strikes the provision in the bill that authorizes disbursements from the fund for 
personnel and equipment costs incurred in responding to and the removal of a discharge 
of oil if the costs are not paid by a responsible party; 
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5. It amends the bill to remove the proposed language relating to recovery by the 
Depal1ment of Environmental Protection of fund disbursements. This amendment also 
makes a technical correction to the format of the law governing liability for fund 
disbursements. The amendment repeals the current and future versions of the law and the 
confusing effective date provisions. 
This amendment enacts the same language in a 
manner that clarifies the effective date of each provision of law; 
6. It strikes the provisions in the bill relating to the abandonment of aboveground oil 
storage tanks; 
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7. It adds a requirement for the Department of Environmental Protection to review· 
the current framework for funding investigations and the cleanup of tank-related oil 
discharges at voluntary response· action program sites and sites contaminated by 
discharges during the delivery of oil to an oil storage facility; and 
8. It adds an appropriations and allocations section. 
The amendment retains the provisions in the bill that: 
1. Amend definitions; 
2. Require the Board of Environmental Protection. to adopt rules requiring operators 
of underground oil storage tanks used to store motor fuel or used in the marketing and 
distribution of oil to others to complete a department training program; 
3. Authorize the use of restrictive covenants and other land use controls to minimize 
the risk of human exposure to residual contamination on property that has suffered an oil 
discharge; and 
4. Deny coverage to a motor carrier for a discharge during the off-loading or on-
loading of oil from or to a motor vehicle used to transport oil. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 05/20109 Mac 
LD 1332 
LR 537(02) 
An Act To Continue Coverage of Oil Clean-up Costs and Improve Administration of the Ground 
Water Oil Clean-up Fund 
Fiscal Note for Bill as Amended by Committee Amendment I~" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Projections 
2009-10 
2010-11 
2011-12 
Projections 
2012-13 
Appropriations/ Aiiocations 
Other Special Revenue Funds 
($500,000) 
($500,000) 
($500,000) 
($500,000) 
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/iscal Detail and Notes 
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111is bill includes an annual deallocation of $500,000 from the Ground Water Oil Clean-up Fund. The provision to 
exclude motor carriers from coverage under the Fund is estimated to save $500,000 annually. The sunset clause of 
December 31,2010 is being extended.to December 31,2015. Additional costs to the Department of Environmental 
Protection associated with oil clean-up costs and improving the administration of the Ground Water Oil Clean-up 
Fund can be absorbed within existing res.ources. 
LR0537(02) - Fiscal Note - Page 1 of 1