An Act Pertaining to Response Costs Incurred by the Departmentof Environmental Protection under the Waste Motor Oil Disposal Site Remediation Program (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1386
Committee: Natural Resources
Sponsors: GOODALL, SIMPSON, SMITH, DUCHESNE, EDGECOMB, KNAPP, WELSH
Amends: 10 MRSA §1020-A

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
FIRST P,£GULAR SESSION-2009 
Legislative Document 
No. 1386 
S.P.502 
In Senate, April 2, 2009 
An Act Pertaining to Response Costs Incurred by the Departmentof 
Environmental Protection under the Waste Motor Oil Disposal Site 
Remediation Program 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council plJrsuantto Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator GOODALL of Sagadahoc. 
Cosponsored by Represelltative BOLDUC of Auburn and 
9tf}(J~ 
JOY J. O'BRIEN' 
Secretary of the Senate 
Senators: SIMPSON of Androscoggin, SMITH of Piscataquis, Representatives: A YOTTE,of 
Caswell, DUCHESNE of Hudson, EDGECOMB of Caribou, WALSH INNES ofYarm~uth, 
KNAPP of Gorham, WELSH of Rockport. 
PrinlcJ un rccyclcll pnper 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 10 MRSA §1020-A, sub-§4, ~A-l is enacted to read: 
A,l.. As an altemativeto the procedure described in paragraph A, when the authority 
is advised by the Department of Environmental 'Protection of the issuance. of a 
statement of substantial final response costs and a final remeay selection that will or 
has been implemented by the department, the authority shall determine those costs for 
that waste motor oil disposal site that represent the collective share of those persons 
eligible under subsection 7 to have their share of those costs for the waste motor oil 
disposal site paid from the proceeds of revenue obligation securities. 
Revenue 
obligation securities may be used only to fund the proportion of response costs 
attributable to responsible parties that are eligible under subsection 7. h1 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 supportiI1g 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 pubiic notice made 
pursuant to subsection 7, paragraph B, on the publicly accessible website of the 
department and to persons that have registered with the department as interested in 
receiving a notice of availability of response cost information fcir the site. Upon 
receipt of full payment of eligible response costs from the proceeds of the revenue 
obligation securities for a waste motor oil disposal site, the department may not sue 
or: take administrative action pursuant to federal law or Title 38, section 1367 or any 
other law for any releases or threats of release of hazardous substances that occurred 
prior. to January 1, 2009 at that site against any eligible responsible party on whose 
behalf the authority has paid response costs to the department for that site. 
Sec. 2. 10 MRSA §1020-A, sub-§4, ~, as enacted by PL 2007, c. 464, §6, is 
amended to 'read: 
B. With respect to a waste motor oil disposal site, following the determinations made 
. pursuant to paragraph A or A-I, the authority shall issue a certificate of determination 
setting forth the amount of: 
(1) The response' costs paid or to be paid with respect to that waste motor oil 
disposal site; 
(2) The eligible response costs with respect to that waste motor oil disposal site to 
be paid from the proceeds of revenue obligation securities; and 
(3) The proceeds of the revenue obligation securities to be paid to or on behalf of 
the responsible parties. 
Sec. 3~ 10 MRSA §1020-A, sub-§5, EITG, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
G. A person or its successor in interest that: 
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(1) Perfonned repairs at repair facilities located in this State on motor vehicles 
that are owned by 3rd parties; 
(2) Is identified as qualified under this subsection by the potentially responsible 
party (PRP) group at the waste oil disposal site as qualified under this subsection 
or, in the case when the response action was or will be undertaken by the State, 
by the Department of Environmental Protection; and 
(3) Certifies to the authority under oath and subject to the provisions of Title 
-A, section 451 that it is qualified under this subsection; 
Sec. 4. 10 MRSA §1020-A,sub-§5, 6jfH, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
H. Any person or its successor in interest that perfonned repairs on its own fleet of 
motor vehicles, is identified by the potentially responsible party (PRP) group at the 
waste motor oil disposal site or, in the case when the response action was or will be 
undertaken by the State is identified by the Department of Environmental Protection, 
as qualified under this subsection and certifies to the authority under oath and subject 
to the provisions of Title 17-A, section 451 that it is qualified under this subsection. 
The motor vehicles at all pertinent times must have been registered, garaged and 
serviced in this State; and 
Sec. 5. 10 MRSA §1020-A, sub-§5, 9ll, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
1. . Any person or its successor in interest that perfonned repairs, at repair facilities· 
located in this State, on special equipmynt or special mobile equipment, as defined in 
Title 29-A, section 10 1 ,subsections 69 and 70, is identified by the potentially 
responsible party (J:>RP) group at the waste motor oil disposal site or, in the case 
when the response action was or will be undertaken by the State is identified by the 
Department of Environmental Protection, as qualified under this subsection and 
certifies to the authority under oath and subject to the provisions of Title 17-A, 
section 451 that it is qualified under this subsection. 
SUMMARY 
This bill provides that the Finance Authority of Maine may use proceeds ofrevenue 
obligation securities to fund the costs of the cleanup of certain waste motor oil disposal 
sites implemented by the Department of Environmental Protection for eligible responsible 
parties. 
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