An Act To Amend Certain Laws Administered by the Department of Environmental Protection
Maine Legislature, Session 124, LD 0476
Committee Amendment CA_A_S56 (Senate)
Amends: 38 MRSA §344, 38 MRSA §566-A, 38 MRSA §1609

COMMITTEE AMENDMENT" A" to S.P. 179, L.D. 476, Bill, "An Act To 
Amend Certain Laws Administered by the Department of Environmental Protection" 
Amend the bill by striking out all of section 5 and inserting the following: 
'Sec. 5. 38 MRSA §344, sub-§10 is enacted to read: 
10. Voluntary surrender. Unless otherwise provided in this Title or rules adopted 
pursuant to this Title, a license may be voluntarily surrendered by the license holder upon 
department approval.' 
Amend the bill in section 9 in § 5 61 in the fIrst paragraph in the 6th line (page 3, line 
in L.D.) by striking out the following: "underground" and inserting in its place the 
following: 'underground oil storage facilities and aboveground' 
Amend the bill by inserting after section 10 the following: 
'Sec. 11. 38 MRSA §566-A, sub-§4, as amended by PL 1999, c. 334, §2, is 
further amended to read: 
4. Commissioner role. If the owner of an underground oil storage facility or tank 
. 
fails to properly abandon the facility or tank within a reasonable time period, the 
commissioner may undertake the abandonrUent. 
The commissioner shall collect any 
reimbursement due the Ground Water Oil Clean up Fund in accordance '.vith section 569 
A or 569 B. The commissioner shall seek recovery of costs incurred to undertake the 
abandonment, whether from state or federal funds, in accordance with the procedures set 
forth in section 569:..A, subsection 10. Costs incurred by the commissioner to undertake 
the abandonment are a lien against the real estate of the owner as provided under section 
569-A, subsection 10-A and section 569-B, subsection 6-A.' 
Amend the bill in section 11 in subsection 1 in the 2nd line (page 4, line 17 in L.D.) 
by striking out the following: "an oil storage facility" and inserting the following: 'an 
underground oil storage facility or an aboveground oil storage facility' 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A "to S.P. 179, L.D. 476 
Amend the bill in section 12 in paragraph A in the 2nd line (page 4, line 33 in L.D.) 
by striking out the following: "an oil storage facility" and inserting the following: 'an 
underground oil storage facility or an aboveground oil storage facility' 
Amend the bill in section 13 in subsection 2 in the 4th line (page 5, line 1 in L.D.) by 
striking out the following: 
"an oil storage facility" and inserting the following: 
'an 
underground oil storage facility or an aboveground oil storage facility' 
Amend the bill in section 15 in the indented paragraph in the 12th to 14th lines (page 
7, lines 16 to 18 in L.D.) by striking out the following: "The commissioner shall demand 
reimbursement of costs, including interest computed at 15% a year from the date of 
expenditure, and payment of damages to be recovered under this section and payment ... 
Payment" and inserting in its place the following: 
'The commissioner shall demand 
reimbursement of costs, including interest, and payment of damages to be recovered 
under this section and payment. The interest rate charged may not exceed the prime rate 
of interest plus 4%. Interest must be computed beginning 60 days from the date of a 
payment demand by the comrriissioner. Payment' 
. 
Amend the bill by striking out all of section 16 and inserting the following: 
'Sec. 16. 38 MRSA §1609, sub-§5, as enacted by PL 2007, c. 296, § 1, is 
amended to read: 
5. "Deca" mixture of polybrominated diphenyl ethers in electronics. Effective 
January 1, 2010, a person may not manufacture, sell or offer for sale or distribute for sale 
or use in the State a television or computer that has a plastic housing containing more 
than 0.1 % of the "deca" mixture of polybrominated diphenyl ethers.' 
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 clarifies a provision in the bill regarding voluntary surrender of a license. 
2. It changes a term used in the bill from "an oil storage facility" to "an underground 
oil storage facility or an aboveground oil storage facility" since the term "oil storage 
facility" is not defmed in statute. 
3. 
It amends a provision in the bill that authorizes the Commissioner of 
Environmental Protection to charge interest. 
4. It strikes a provision in the bill that repealed the exemptions to the "deca" sales 
ban. 
5. It adds a provision to the bill that allows a de minimis level of the "deca" mixture 
of polybrominated diphenyl ethers in electronics to be consistent with the de minimis· 
level allowed in products containing the "penta" and "octa" mixtures. 
6. It adds a provision to the bill that amends the law governing recovery of costs 
incurred to undertake the abandonment of underground oil storage facilities and tanks. It 
COMMITTEE AMENDMENT 
'> 
') 
) 
/) 
) 
I 
:/.> 
(-
(~~ 
COMMITTEE AMENDMENT "A" to S.P. 179, L.D. 476 
directs the commissioner to seek recovery of those costs regardless of whether the costs 
were paid from state or federal funds. 
FISCAL '-';-OTE REQL'lRED 
!?e.~.~.t.t~~~~~)_ 
COMMI 
EE AMENDMENT 
Approved: 04/09/09 Mac:.. 
LD476 
LR 527(02) 
An Act To Amend Certain Laws Administered by the Department of Environmental Protection 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''A'' 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
", 
\ 
) 
This bill provides clarifications and amends certain laws currently administered by the Department of Environmental, 
Protection (DEP). The bill does not create new responsibilities, only further defines existing statute. Any additional 
) 
costs to DEP associated with rulemaking can be absorbed within the existing budgeted resources. 
" 
) 
LR0527(02) - Fiscal Note - Page 1 of 1