An Act To Streamline the Waste Motor Oil Disposal Site Remediation Program
Maine Legislature, Session 125, LD 1434
Committee: Environment and Natural Resources
Sponsors: MARTIN, SAVIELLO, DUCHESNE, GOODALL
Amends: 10 MRSA §963-A, 10 MRSA §1020, 10 MRSA §1020-A, 10 MRSA §1020-B, 10 MRSA §1020-C, 10 MRSA §1023-L, 10 MRSA §1023-M, 36 MRSA §112, 36 MRSA §144, 36 MRSA §191, 36 MRSA §1752, 38 MRSA §568-B, 38 MRSA §570-H

Legislative Document 
No. 1434 
H.P. 1055 
House of Representatives, April 7, 2011 
An Act To Streamline the Waste Motor Oil Disposal Site 
Remediation Program 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative MARTIN of Eagle Lake. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representative: DUCHESNE of Hudson, Senator: GOODALL of Sagadahoc. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, waste oil was discharged between 1953 and 1981 at 4 sites in Maine: 
Plymouth, Casco, Ellsworth and Presque Isle; and 
Whereas, the 4 sites require significant cleanup, costing some $30,000,000; and 
Whereas, the costs of cleanup place an intolerable financial burden on businesses, 
municipalities, schools and state agencies throughout the State that contributed waste oil 
to one or more of the sites; and 
Whereas, the public health, safety and welfare require that the sites be cleaned up 
expeditiously; and 
Whereas, it is in the public interest to ensure the continued financial viability of the 
businesses, municipalities, schools and state agencies that contributed waste oil to one or 
more of the sites; and 
Whereas, the Finance Authority of Maine has issued revenue bonds to partially fund 
the cost of the cleanup of these sites but revenues are insufficient to support additional 
bonds to fully resolve the sites; and 
Whereas, a stakeholder group convened by the Department of Environmental 
Protection at the direction of the Legislature has developed a complete resolution to this 
problem that uses revenues more efficiently rather than increasing existing premiums; 
and 
Whereas, immediate changes to the waste motor oil disposal site remediation 
program are necessary to implement these efficiencies; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  10 MRSA §963-A, sub-§47-B, ¶C, as enacted by PL 2007, c. 464, §2, is 
repealed. 
Sec. 2.  10 MRSA §1020, sub-§1, as amended by PL 2009, c. 213, Pt. KKK, §1, 
is further amended to read: 
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, 
the following terms have the following meanings. 
A.  "Eligible person" means a person that is eligible, pursuant to section 1020-A, to 
have that person's share of response costs paid from the proceeds of revenue 
obligation securities issued pursuant to this subchapter or is eligible to have that 
person's share of response costs paid from the fund as otherwise set forth in this 
subchapter. 
A-1.  "Bulk motor vehicle oil" means all motor vehicle oil other than prepackaged 
motor vehicle oil. 
A-2.  "Diesel engine bulk motor vehicle crankcase oil" means diesel engine bulk 
motor vehicle oil that is classified for use in a diesel engine crankcase by meeting the 
performance requirements of the American Petroleum Institute CJ-4 beginning with 
CA standards and all preceding succeeding specifications under those standards, 
inclusive of all viscosity grades original equipment manufacturer-specific engine oils. 
C.  "Fund" means the Waste Motor Oil Revenue Fund established under subsection 2 
to be deposited with and administered by the authority. 
C-1.  "Gasoline engine bulk motor vehicle crankcase oil" means gasoline engine bulk 
motor vehicle oil that is classified for use in a gasoline engine crankcase by meeting 
the performance requirements of the American Petroleum Institute SM, beginning 
with SA standards through the most current standards, inclusive of original 
equipment 
manufacturer-specific 
engine 
oils, 
and 
International 
Lubricant 
Standardization and Approval Committee GF-4 GF-1 standards and all preceding 
specifications under those through current standards, inclusive of all viscosity grades 
original equipment manufacturer-specific engine oils. 
D.  "Motor vehicle" has the same meaning as in Title 29-A, section 101, subsection 
42. 
F.  "Motor vehicle oil" means any lubricating oil or other lubricant that is reclaimable 
and classified for use in an internal combustion engine or the transmission, gear box, 
hydraulic reservoir system, compressor or differential for a motor vehicle, including 
but not limited to natural, synthetic and rerefined motor oils, whether or not in retail 
containers. 
G.  "Motor vehicle oil dealer" means any person, firm or corporation engaged in the 
business of producing, packaging or otherwise preparing motor vehicle oil for 
market, or selling or distributing motor vehicle oil. 
H.  "Prepackaged motor vehicle oil" means motor vehicle oil sold in a container with 
a volume not in excess of 5 gallons. 
Sec. 3.  10 MRSA §1020, sub-§3, as enacted by PL 2007, c. 464, §6, is amended 
to read: 
3.  Application of fund.  Money in the fund must be applied to the payment of 
principal of, interest on or, redemption of premiums on or other costs of revenue 
obligation securities issued pursuant to section 1020-A and may, in whole or in part, be 
pledged or transferred and deposited as security for those securities.  Money in the fund 
not immediately needed to meet the obligations of the authority as provided for in this 
subsection may be invested in such a manner as permitted by law.  Any reasonable costs 
incurred by the authority in administering this fund may be taken from the money in the 
fund. 
Notwithstanding any provision of this subchapter to the contrary, money in the fund may 
not be transferred from the fund or otherwise applied except as expressly provided in this 
subsection unless: 
A.  All amounts required by the trust documents securing those revenue obligation 
securities to be transferred to the trustee or to a paying agent have been transferred 
during the same calendar year; 
B.  All costs incurred, or projected by the authority to be incurred, in administering 
the fund in that calendar year have been funded through the transfer of such amounts 
to the authority; and 
C.  The completion of the transfer or other application does not result in a balance in 
the fund of less than $600,000. 
Sec. 4.  10 MRSA §1020, sub-§3-A is enacted to read: 
3-A.  Excess revenue; application.  By April 15th annually, the authority shall 
determine whether, as of the immediately preceding December 31st, the fund contained 
more than $600,000, which is referred to in this subsection as "excess revenue." Excess 
revenue must be used to satisfy the following obligations in the following order each 
year, until the excess revenue is exhausted or the obligations have been satisfied, 
whichever comes first. 
A.  As the first obligation, an amount not to exceed $65,000 per year for payments to 
eligible motor vehicle oil dealers pursuant to section 1020-C. The amount available 
for reimbursement must be reported to the State Tax Assessor no later than April 15th 
annually. 
B.  As the 2nd obligation, but only until fully repaid, reimbursement of the remaining 
amount due to each responsible party at the waste motor oil disposal site in Plymouth 
pursuant to the determination made in section 1020-A, subsection 4 after application 
of the: 
(1)  Proceeds of revenue obligation securities; 
(2)  Amounts available from the Waste Oil Clean-up Fund pursuant to section 
1023-L, as determined by the authority; and 
(3)  Elimination of loan balances under the Plymouth Waste Oil Loan Program 
pursuant to section 1023-M, as determined by the authority. 
This paragraph is repealed December 31, 2012. 
C.  As the 3rd obligation, but only until fully repaid, reimbursement to the Maine 
National Guard for response costs at the waste motor oil disposal site in Plymouth in 
an amount not to exceed $41,778.49, notwithstanding that the Maine National Guard 
is not listed on the registry established by the authority pursuant to section 1020-A, 
subsection 7.  This paragraph is repealed December 31, 2012. 
D.  As the 4th obligation, transfer of up to $1,000,000 per year to the Uncontrolled 
Sites Fund established under Title 38, section 1364, subsection 6 until $6,919,681.57 
has been transferred for response costs incurred by the Department of Environmental 
Protection at the waste motor oil disposal site. 
E.  As the 5th obligation, an additional reimbursement from the fund to eligible motor 
vehicle oil dealers pursuant to section 1020-C. The amount available for 
reimbursement under this paragraph must be reported to the State Tax Assessor no 
later than April 15th annually. 
F.  As the 6th obligation, notwithstanding the $1,000,000 annual limit specified in 
paragraph D, an additional transfer of any remaining excess revenues to the 
Uncontrolled Sites Fund established under Title 38, section 1364, subsection 6 until 
the amount specified in paragraph D is paid in full. 
Sec. 5.  10 MRSA §1020, sub-§6-A, as amended by PL 2009, c. 213, Pt. KKK, 
§2, is repealed and the following enacted in its place: 
6-A.  Premium.  In addition to any other tax or charge imposed under state or federal 
law, a premium is imposed on 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 motor vehicle oil in the State shall pay the premium. 
The premium is calculated as follows: 
A.  Diesel engine crankcase oil is subject to a premium of 35¢ per gallon; 
B.  Gasoline engine crankcase oil sold or distributed in a container with a volume of 5 
gallons or less is subject to a premium of 35¢ per gallon; 
C.  Gasoline engine crankcase oil sold or distributed in a container with a volume of 
more than 5 gallons is subject to a premium of $1.10 per gallon; and 
D.  All motor vehicle oil other than diesel engine crankcase oil and gasoline engine 
crankcase oil that is sold or distributed in a container with a volume of 16 gallons or 
less is 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. By the 20th 
day of each month, the State Tax Assessor shall notify the State Controller and the 
Treasurer of State 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. 
Sec. 6.  10 MRSA §1020, sub-§8, as enacted by PL 2007, c. 618, §13, is repealed. 
Sec. 7.  10 MRSA §1020-A, sub-§1, ¶A, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
A.  Pay the response costs of eligible persons, except that a revenue obligation 
security may not be issued after July 1, 2011 to fund the payments required by this 
paragraph; 
Sec. 8.  10 MRSA §1020-A, sub-§2, as enacted by PL 2007, c. 464, §6, is 
amended to read: 
2.  Payment of proceeds.  The authority shall pay proceeds of the revenue obligation 
securities to or on behalf of the responsible parties in accordance with subsection 4.  To 
the extent that any responsible party receives or is eligible to receive proceeds of the 
revenue obligation securities as reimbursement for expenses that party has paid through 
the Plymouth Waste Oil Loan Program in section 1023-M, that party's obligations to the 
authority must be repaid in full with the proceeds of the revenue obligation securities and 
the authority is authorized to receive those proceeds directly. 
Sec. 9.  10 MRSA §1020-A, sub-§4, ¶A-1, as enacted by PL 2009, c. 304, §1, is 
repealed. 
Sec. 10.  10 MRSA §1020-A, sub-§4, ¶B, as amended by PL 2009, c. 304, §2, is 
further amended to read: 
B.  With respect to a waste motor oil disposal site, following the determinations made 
pursuant to paragraph A or A-1, 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. 11.  10 MRSA §1020-A, sub-§5, as amended by PL 2009, c. 304, §§3 to 5, 
is further amended to read: 
5.  Eligibility.  For purposes of this section, "person" means any natural person, 
corporation, partnership or other entity identified as a responsible party at a waste motor 
oil disposal site. The following persons that contributed waste motor oil to a waste motor 
oil disposal site and who have been designated by the Department of Environmental 
Protection or the United States Environmental Protection Agency as responsible parties 
with respect to any of the waste motor oil disposal sites are eligible to have their share of 
response costs paid from the proceeds of revenue obligation securities issued pursuant to 
this subchapter:  
A.  Those responsible parties that the Department of Environmental Protection or 
United States Environmental Protection Agency determines are insolvent, unlocated 
or defunct; 
B.  Those responsible parties that the Department of Environmental Protection or 
United States Environmental Protection Agency determines have a limited ability to 
pay; 
C.  Those responsible parties that the Department of Environmental Protection or 
United States Environmental Protection Agency determines are responsible for 110 
gallons or less of waste motor oil at a waste motor oil disposal site; 
D.  The State and any agencies, authorities, departments, boards, commissions or 
instrumentalities of the State or political subdivisions of the State; 
E.  All franchised new car and truck dealers licensed pursuant to Title 29-A, chapter 
9, subchapter 3 or the successors in interest of any such franchised new car or truck 
dealers.  The Secretary of State shall certify to the authority those responsible parties 
that were licensed pursuant to Title 29-A, chapter 9, subchapter 3; 
F.  All used car and truck dealers licensed in accordance with Title 29-A, chapter 9, 
subchapter 3 or the successors in interest of any such used car and truck dealers.  The 
Secretary of State shall certify to the authority those responsible parties that were 
licensed pursuant to Title 29-A, chapter 9, subchapter 3; 
G.  A person or its successor in interest that: 
(1)  Performed 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 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 
17-A, section 451 that it is qualified under this subsection; 
H.  Any person or its successor in interest that performed 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 
I.  Any person or its successor in interest that performed repairs, at repair facilities 
located in this State, on special equipment or special mobile equipment, as defined in 
Title 29-A, section 101, subsections 69 and 70, 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. 
Notwithstanding any provision of this subsection to the contrary, at the Ellsworth, Casco 
and Presque Isle waste motor oil disposal sites identified in section 963-A, subsection 
51-E, paragraphs B, C and D, eligible persons include all responsible parties except those 
enumerated in subsection 6.  
Sec. 12.  10 MRSA §1020-A, sub-§9 is enacted to read: 
9.  Liability releases and covenants at certain sites.  This subsection applies to the 
Ellsworth, Casco and Presque Isle waste motor oil disposal sites identified in section 
963-A, subsection 51-E, paragraphs B, C and D and referred to in this subsection as "the 
sites."  Upon receipt by the Department of Environmental Protection of the first 
$3,500,000 pursuant to section 1020, subsection 3-A, paragraphs D and F: 
A.  The Department of Environmental Protection or any other agency or 
instrumentality of the State may not sue or take administrative action against any 
responsible party at a waste motor oil 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 any of the 
sites 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; 
B.  The State, including all of its departments, agencies and instrumentalities, by and 
through the Attorney General, shall execute a release in favor of all eligible persons 
at the sites. The release must forever discharge and release all eligible persons from 
all claims, suits, actions, liabilities, causes of action, demands, costs, damages and 
expenses of any nature whatsoever, including, without limitation, past response costs, 
future response costs, oversight costs, natural resource damages and the cost of 
assessment, whether known or unknown, arising out of, directly or indirectly, a 
release, threatened release or presence of hazardous substances at or from the sites 
prior to the effective date of this paragraph; and 
C.  The eligible persons at the sites are protected from contribution actions or claims 
regarding those sites. 
The State shall include a covenant not to sue and contribution protection in any consent 
decree or other settlement agreement entered into between the State and federal agencies 
related to recovery of the State's response costs at the sites. 
Sec. 13.  10 MRSA §1020-B, sub-§2, as enacted by PL 2009, c. 213, Pt. KKK, 
§3, is amended to read: 
2.  Funding report.  By February 15, 2010 and every year thereafter, the authority 
and the State Tax Assessor shall report the revenue collected pursuant to section 1020, 
subsection 6-A for the preceding calendar year.  The report may be incorporated into the 
biennial report required under subsection 1.  The joint standing committee of the 
Legislature having jurisdiction over natural resources matters shall determine, beginning 
in 2013 and every odd-numbered year thereafter, whether the premium imposed pursuant 
to section 1020, subsection 6-A may be reduced or eliminated in a manner that does not 
adversely affect the ability of the authority to provide for the full and timely payment of 
the principal of, interest on, redemption of premiums on or other costs of all revenue 
obligation securities issued pursuant to section 1020-A that remain outstanding as those 
costs become due or adversely affect the security for those revenue obligation securities 
and may submit legislation related to the determination and report required under this 
subsection. 
Sec. 14.  10 MRSA §1020-C is enacted to read: 
§1020-C.  Motor vehicle oil premium reimbursement 
1.   Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Eligible dealer" means a motor vehicle oil dealer that has reported and paid the 
motor vehicle oil premium imposed under section 1020, subsection 6-A on motor 
vehicle oil sales or distributions. 
B.  "Eligible premium" means a premium that has been reported and paid by an 
eligible dealer to the State Tax Assessor on motor vehicle oil that was sold or 
distributed by that eligible dealer outside the State during the relevant reimbursement 
period. 
C.  "Reimbursement claim" means the value of all eligible premiums reported by an 
eligible dealer during a reimbursement year. 
D.  "Unreimbursed eligible premium" means a properly filed eligible premium that 
has not been reimbursed to the eligible dealer for current or prior year obligations. 
2.  Annual application for reimbursement.  An eligible dealer shall submit a claim 
for reimbursement of eligible premiums on a form prescribed by the State Tax Assessor 
no later than March 31st annually.  An application filed in 2011 or 2012 may include a 
reimbursement request for eligible premiums paid from October 1, 2009 to December 31, 
2011.  Reimbursement claims submitted beginning in 2013 may be made only for eligible 
premiums paid in the immediately preceding calendar year.  All applications for 
reimbursement must be made under penalties of perjury.  For purposes of this subsection, 
an application for reimbursement is considered a return, as defined in Title 36, section 
111, subsection 4. 
3.  Calculation of reimbursement.  Reimbursement of funds available in the fund is 
calculated according to this subsection. 
A.  Annually, no later than April 30th immediately following notification by the 
authority pursuant to section 1020, subsection 3-A, paragraphs A and E, the State Tax 
Assessor shall calculate the value of reimbursement claims. The State Tax Assessor 
shall provide reimbursement, as determined pursuant to paragraph B, to eligible 
dealers no later than the immediately following May 31st. 
B.  For any reimbursement year, the total amount reimbursed to an eligible dealer 
may not exceed that eligible dealer's unreimbursed eligible premiums. Priority is 
given to the oldest unreimbursed eligible premiums in succession until all eligible 
premiums have been reimbursed. 
The amount of reimbursement for each eligible dealer is calculated as follows:  The State 
Tax Assessor shall reimburse each eligible dealer for any reimbursement year an amount 
equal to a fraction, the numerator of which is the total amount of each eligible dealer's 
eligible premium and the denominator of which is the total amount of reimbursement 
claims for the same reimbursement year, multiplied by the amount determined as 
available by the authority pursuant to section 1020, subsection 3-A, paragraphs A and E. 
Interest is not due on any reimbursement made to an eligible dealer pursuant to this 
subsection. 
4.  Payment.  A reimbursement made in accordance with this section must be paid 
from the amount the authority reports to the State Tax Assessor pursuant to section 1020, 
subsection 3-A, paragraphs A and E. 
Sec. 15.  10 MRSA §1023-L, as amended by PL 2007, c. 464, §§7 and 8, is 
repealed. 
Sec. 16.  10 MRSA §1023-M, as amended by PL 2007, c. 479, §1 and affected by 
§2, is repealed. 
Sec. 17.  36 MRSA §112, sub-§8, ¶D, as amended by PL 2009, c. 496, §2, is 
further amended to read: 
D.  Administration of the premium imposed on bulk motor vehicle oil and 
prepackaged motor vehicle oil under Title 10, section 1020. 
Sec. 18.  36 MRSA §144, sub-§2, ¶A, as enacted by PL 1997, c. 668, §10, is 
amended to read: 
A.    Subsection 1 does not apply in the case of premiums imposed pursuant to Title 
10, section 1020, subsection 6-A, sales and use taxes imposed by Part 3, estate taxes 
imposed by chapter 575, income taxes imposed by Part 8 and any other tax imposed 
by this Title for which a specific statutory refund provision exists. 
Sec. 19.  36 MRSA §191, sub-§2, ¶PP, as corrected by RR 2009, c. 2, §107, is 
amended to read: 
PP.  The disclosure to the Department of Conservation of information contained on 
the commercial forestry excise tax return filed pursuant to section 2726, such as the 
landowner name, address and acreage, to facilitate the administration of chapter 367; 
and 
Sec. 20.  36 MRSA §191, sub-§2, ¶QQ, as reallocated by RR 2009, c. 2, §108, is 
amended to read: 
QQ.  The disclosure of registration, reporting and payment information to the 
Department of Agriculture, Food and Rural Resources necessary for the 
administration of Title 32, chapter 28.; and 
Sec. 21.  36 MRSA §191, sub-§2, ¶RR is enacted to read: 
RR.  The disclosure to the Finance Authority of Maine of the cumulative value of 
eligible premiums submitted for reimbursement pursuant to Title 10, section 1020-C. 
Sec. 22.  36 MRSA §1752, sub-§14, ¶B, as amended PL 2009, c. 625, §4 and 
affected by §§16 and 18 and c. 652, Pt. C, §8, is further amended to read: 
B.  "Sale price" does not include: 
(1)  Discounts allowed and taken on sales; 
(2)  Allowances in cash or by credit made upon the return of merchandise 
pursuant to warranty; 
(3)  The price of property returned by customers, when the full price is refunded 
either in cash or by credit; 
(4)  The price received for labor or services used in installing or applying or 
repairing the property sold, if separately charged or stated; 
(5)  Any amount charged or collected, in lieu of a gratuity or tip, as a specifically 
stated service charge, when that amount is to be disbursed by a hotel, restaurant 
or other eating establishment to its employees as wages; 
(6)  The amount of any tax imposed by the United States on or with respect to 
retail sales, whether imposed upon the retailer or the consumer, except any 
manufacturers', importers', alcohol or tobacco excise tax; 
(7)  The cost of transportation from the retailer's place of business or other point 
from which shipment is made directly to the purchaser, provided that those 
charges are separately stated and the transportation occurs by means of common 
carrier, contract carrier or the United States mail; 
(8)  The fee imposed by Title 10, section 1169, subsection 11; 
(9)  The fee imposed by section 4832, subsection 1; 
(10)  The lead-acid battery deposit imposed by Title 38, section 1604, subsection 
2-B;  
(11)  Any amount charged or collected by a person engaged in the rental of living 
quarters as a forfeited room deposit or cancellation fee if the prospective 
occupant of the living quarters cancels the reservation on or before the scheduled 
date of arrival;  
(12) The premium imposed on bulk motor vehicle oil  and prepackaged motor 
vehicle oil by Title 10, section 1020, subsection 6-A; or 
(13)  Any amount charged for the disposal of used tires. 
Sec. 23.  38 MRSA §568-B, sub-§2, ¶E, as amended by PL 2001, c. 356, §8, is 
further amended to read: 
E.  To consult with the Finance Authority of Maine at such times as are necessary, 
but no less than annually, to review income and disbursements from the Waste Oil 
Clean-up Fund under Title 10, section 1023-L. The board, at such times and in such 
amounts as it determines necessary, and in consultation with the Finance Authority of 
Maine, shall direct the transfer of funds from the Underground Oil Storage 
Replacement Fund to the Groundwater Oil Clean-up Fund. 
Sec. 24.  38 MRSA §570-H, as amended by PL 2007, c. 292, §37, is further 
amended to read: 
§570-H.  Report; adequacy of fund 
On or before February 15th of each year, the Fund Insurance Review Board, with the 
cooperation of the commissioner, shall report to the joint standing committee of the 
Legislature having jurisdiction over natural resources matters on the department's and the 
board's experience administering the fund, clean-up activities and 3rd-party damage 
claims.  The report must include an assessment of the adequacy of the fund to cover 
anticipated expenses and any recommendations for statutory change.  The report also 
must include an assessment of the adequacy of the Underground Oil Storage Replacement 
Fund and the Waste Oil Clean-up Fund to cover anticipated expenses and any 
recommendations for statutory change.  To carry out its responsibility under this section, 
the board may order an independent audit of disbursements from the Groundwater Oil 
Clean-up Fund, and the Underground Oil Storage Replacement Fund and the Waste Oil 
Clean-up Fund. 
Sec. 25.  Final use of funds in Waste Oil Clean-up Fund by the authority.  
Within 30 days of the effective date of this Act, the Finance Authority of Maine shall 
ascertain the balance in the Waste Oil Clean-up Fund established in the Maine Revised 
Statutes, Title 10, section 1023-L and disburse that amount to eligible persons at the 
waste motor oil disposal site in Plymouth, as defined in Title 10, section 963-A, 
subsection 51-E, paragraph A, in accordance with the certificate of determination 
pursuant to Title 10, section 1020-A, subsection 4.  The authority shall disburse that 
amount to those eligible persons on a pro rata basis. 
Sec. 26.  Elimination of loan balances.  Notwithstanding any provision of law to 
the contrary, the Finance Authority of Maine, within 30 days of the effective date of this 
Act, shall ascertain the outstanding loan balance of each borrower under the Plymouth 
Waste Oil Loan Program under the Maine Revised Statutes, Title 10, section 1023-M.  
Each outstanding loan balance must be treated as if the loan funds were a grant to the 
borrower from the Finance Authority of Maine and the borrower has no further obligation 
to the Finance Authority of Maine related to the loan balance nor does the Finance 
Authority of Maine have any further obligation under the Plymouth Waste Oil Loan 
Program except to release and discharge any corresponding loan collateral. 
Sec. 27.  Effective date.  Those sections of this Act that amend the Maine Revised 
Statutes, Title 10, section 1020, subsection 1 and repeal and replace Title 10, section 
1020, subsection 6-A take effect July 1, 2011.  Those sections of this Act that amend 
Title 10, section 1020-A, subsection 2 and Title 38, section 568-B, subsection 2, 
paragraph E and repeal Title 10, section 963-A, subsection 47-B, paragraph C and  
sections 1023-L and 1023-M take effect December 31, 2012. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved, except as otherwise indicated. 
SUMMARY 
This bill implements the recommendations of the stakeholder group convened by the 
Department of Environmental Protection pursuant to Resolve 2009, chapter 211.  The bill 
amends the waste motor oil disposal site remediation program and the Plymouth Waste 
Oil Loan Program in accordance with the stakeholder group recommendations. 
1.  Current law imposes a premium on prepackaged gasoline engine motor oil and 
diesel engine bulk motor vehicle oil at the rate of 35¢ per gallon and on gasoline engine 
bulk motor vehicle oil at the rate of $1.10 per gallon.  This bill specifies that the premium 
is $1.10 per gallon of gasoline engine crankcase oil sold or distributed in a volume of 
more than 5 gallons and 35¢ per gallon on diesel engine crankcase oil, gasoline engine 
crankcase oil sold or distributed in containers of 5 gallons or less and all other motor 
vehicle oil sold or distributed in containers of 16 gallons or less.  
2.  As long as there is at least $600,000 in the Waste Motor Oil Revenue Fund, the 
Finance Authority of Maine is directed to disburse the funds in excess of that amount 
each year to reimburse motor vehicle oil dealers for premiums paid on oil sold or 
distributed outside of Maine, to pay the responsible parties at the Plymouth waste motor 
oil disposal site, to reimburse the Maine National Guard for response costs incurred at the 
Plymouth waste motor oil disposal site and to reimburse the Uncontrolled Sites Fund in 
the Department of Environmental Protection for response costs incurred by the 
department at the waste motor oil disposal sites in Plymouth, Casco, Ellsworth and 
Presque Isle. 
3.  Once $3,500,000 is paid to the Department of Environmental Protection from the 
Waste Motor Oil Revenue Fund, the department is directed to release from liability any 
eligible person at the Ellsworth, Casco and Presque Isle waste motor oil disposal sites. 
4.  A program to reimburse motor oil dealers for premiums paid on oil sold or 
distributed out of state is established using funds in the Waste Motor Oil Revenue Fund. 
5.  The Finance Authority of Maine is required to disburse, on a pro rata basis, all 
funds in the Waste Oil Clean-up Fund, established in the Maine Revised Statutes, Title 
10, section 1023-L, to eligible persons at the waste motor oil disposal site in Plymouth. 
6.  The Finance Authority of Maine is required to treat as a grant any loan made by 
the authority under the Plymouth Waste Oil Loan Program established in Title 10, section 
1023-M and to dismiss any further obligation of the borrower.