An Act To Amend the Waste Motor Oil Disposal Site Remediation Program (AFTER DEADLINE) . Approved for introducti<?n by amajority of the Legislative Council pursuant to Joint Rule 205.. . .
Maine Legislature, Session 124, LD 1827
Committee: Natural Resources
Sponsors: MARTIN, GOODALL, DUCHESNE
Amends: 10 MRSA §1020, 10 MRSA §1020-A

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No. 1827 
H.P.1314 
House of Representatives, March 26, 2010 
An Act To Amend the Waste Motor Oil Disposal Site Remediation 
Program 
(AFTER DEADLINE) . 
Approved for introducti<?n by amajority of the Legislative Council pursuant to Joint Rule 
205.. . 
. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Senator GOODALL of Sagadahoc and 
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fr}.1llac~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representative: DUCHESNE of Hudson, Synator: SMITH of Piscataquis. 
Printed on n:cycleJ PLlp!..'1' 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRS A §1020, sub-§I, ~A-2, as enacted by PL 2007, c. 618, §3, is 
repealed. 
Sec. 2. 10 MRSA §1020, sub-§I, €JTC-l, as enacted by PL 2007, c. 618, §5, is 
repealed. 
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Sec. 3. 10 MRSA §1020, sub-§6-A, as amended ~y PL 2009, c. 213, Pt. KKK, 
§2, is further amended to read: . 
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6-A. Premium. In addition to any other tax or charge imposed under state or federal 
law, a premium is imposed on bulk motor vehicle oil and prepackaged motor vehicle oil 
sold or distributed in the State as provided-in this subsection. A motor vehicle oil dealer 
that makes the first sale or distribution of bulk motor vehicle oil or prepackaged motor 
vehiCle oil in the State shall pay the premium. Gasoline engine bulk motor vehicle oils 
and prepackaged motor vehicle oils are subject to a premium of $1.1 0 per gallon. Diesel 
engine bulk motor vehicle oils are sllbject to a premium of 35¢ per gallon. Prepackaged 
motor vehicle oils are subject to a premium of 35¢ per gallon. All premiums must be 
paid to the State Tax Assessor and are subject to the administrative provisions of Title 36, 
Parts 1 and 3, as though they were a sales tax liability. Any seller of prepackaged motor 
vehicle oil that stores prepackaged motor vehicle oil at a distribution facility located in 
the State and distributes the prepackaged motor vehicle oil to a sales location out of the 
State, and for consumption out of the State, is entitled to Ii rebate of the premium paid on 
the prepackaged motor vehicle oil distributed to out-of-state locations by providing the 
State Tax Assessor with a monthly sworn certification stating the gallons of prepackaged 
motor vehicle oil shipped from the seller's distribution facility to out-of-state locations in 
the previous month, the specific out-of-state store locations and the amount of premium 
previously paid on the prepackaged motor vehicle oil. By the 20th day of each month, 
the State Tax Assessor shall notify the State Controller and the Treasurer of Sfate of the 
amount of revenue attributable to the premium collected under this subsection in the 
previous month. When notified by the State Tax Assessor, the State Controller shall 
transfer that amount to the fund. The premium iniposed on prepadcaged motor vehicle 
oil takes effect October 1.2009. 
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Sec. 4. 10 MRS A §1020, sub-§8, as enacted by PL 2007, c. 618, § 13, is repealed. , . 
Sec. 5. 10 MRS A §1020-A, sub-§4, ~A-l, as enacted by PL 2009, c: 304, § 1, is 
amerided 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, or Casco er 
Presque Isle waste motor oil disposal sites identified in section 963-A, subsection 
5I-E, paragraphs B, and C and-f}. 
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(1) 
Upon notific~tion by the Department of Environment~1 Protection, the 
authority shall determine the costs f<;>r 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 
certificate of determination under paragraphs A and B have .been paid to or on 
behalf of eligible persons from the proceeds of revenue obligation securities, 
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 
from 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 
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 receiving a n()tice 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: 
(a) 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, or Casco or Presque Isle waste motor 
oil disposal sites identified in section 963-A, subsection 51-E, paragraphs B, and 
C aru:!-Q are determined to not be eligible persons as defined in section 1020, 
subsection 1, paragraph A, the department shall negotiate in good faith witli 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 urider subsection 7. Any consent decree 
or other settlement agreement entered into in accordance with this subparagraph· 
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must include a covenant not to sue and contribution protection as provided for in 
this paragraph. 
Sec. 6. 10 MRSA §1020-A, sub-§4, E[D is enacted to read: 
D.Notwithstanding subsection 5 and 6, the procedure described in this paragraph 
may be followed for the Presque Isle waste motor oil disposal site as an alternative to 
the procedures described in paragraphs A, Band C. 
Upon issuance by the 
Commissioner of Environmental Protection of. a final remedy selection decision 
document, induding a response to public comments, selecting the final remedy for 
the Presque Isle waste motor oil disposal site following notice and an adequate 
opportunity for public comment on the Department of Environmental Protection's 
proposed final remedy, the department shall provide a written certification to the 
authority that the department has selected and will implement the final remedy and 
that the department will incur all response costs to implement the final remedy. The 
authority shall reimburse. the department for those incurred response costs from the 
proceeds of the revenue obligation securities for the Presque Isle waste motor oil 
disposal site, subiect to fund availability, the payment prioritization in paragraph E 
and verification that the department has incurred the response costs expended in 
implementation of the final remedy. Upon full reimbursement of the final response 
costs as certified by the department, the· department or any· other agency· or 
instrumentality of the State may not sue or take administrative action against any 
responsible party at the Presque Isle waste motor on disposal site under 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. The responsible parties at the Presque Isle waste. 
motor oil disposal site on whose behalf the authority paid response costs to the 
. department are protected from contribution actions or claims regarding that site. 
Sec. 7. 10 MRSA §1020-A, sub-§4, ~ 
is enacted to read: 
E. 
The authority shall pay proceeds of the revenue obligation seCUrItIes issued 
pursuant to this section first to responsible parties at the Plymouth waste motor oil. 
disposal site and then to the Department of Environmental Protection for clean-up 
costs at the Ellsworth, Casco and Presque Isle waste motor oil disposal sites in that 
order. 
Sec. 8. 10 MRSA §1020-A, sub-§9 is enacted to read: 
9. Maine National Guard. Notwithstanding the provisions of subsections 4, 5, 6 
and 7, the authority shall pay from revenue obligation securities the response costs 
incurred by the Maine National Guard at the Plymouth waste motor oil disposal site. 
Sec. 9. 36 MRS A §191, sub..;§2, ~p is enacted to read: 
PP. The disclosure to the Department of Environmental Protection or the Finance 
Authority of Maine of the name of each motor vehicle oil dealer who paid the 
premium required under Title 10, section 1020, subsection 6-A. . 
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SUMMARY 
This bill amends the premium on motor oil to raise additional revenue for deposit in 
the Waste Motor Oil Revenue Fund. 
Currently, the premium is $1.10 per gallon for bulk quantities of gasoline engine oil 
and 35¢ for diesel engine oilor prepackaged motor oil, oil sold in containers of 5 gallons 
or less. The bill increases the premium on prepackaged motor vehicle oil to $ U 0 per 
gallon. The bill also repeals definitions of the terms "diesel engine bulk motor vehicle 
oil" and "gasoline engine bulk motor vehicle oil," the effect of which is to expand the 
applicability of the premium to all motor oil grades .. 
The bill provides for a rebate of the premium paid for prepackaged motor vehicle oil 
that is stored in the State, and then sold out-of-state. 
The 'bill authorizes the Finance Authority of Maine to directly reimburse the 
Department of Environmental Protection for its costs to clean up the Presque Isle waste 
motor oil disposal site. 
The bill directs the Finance Authority of Maine to pay proceeds of the revenue 
obligation 'securities issued under the Waste Motor Oil Disposal Site Remediation 
Program first to r~sponsible parties at the Plymouth waste motor oil disposal site and then 
to the department for clean-up costs at the Ellsworth, Casco and Presque Isle waste motor 
oil disposal sites in that order. 
The bili authorizes the Finance Authority Of Maine to reimburse the Maine National 
Guard for its share ofresponse ,costs at the Plymouth waste motor oil disposal site. 
The bill allows the State Tax Assessor to disclose to the Department of 
Environmental Protection and the Finance Authority of Maine the names of each motor 
vehicle oil dealer who paid the required premium of motor oil sales.