An Act To Create the Maine Forestry Operations Cleanup and Response Fund
Maine Legislature, Session 130, LD 0034
Committee: Agriculture, Conservation and Forestry
Sponsors: DILL
Amends: 12 MRSA §8869-B

Legislative Document
No. 34
S.P. 42
In Senate, January 13, 2021
An Act To Create the Maine Forestry Operations Cleanup and 
Response Fund
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Received by the Secretary of the Senate on January 11, 2021.  Referred to the Committee 
on Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DILL of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §8869-B is enacted to read:
§8869-B.  Maine Forestry Operations Cleanup and Response Fund
The Maine Forestry Operations Cleanup and Response Fund, referred to in this section 
as "the fund," is established to be used by the bureau as a nonlapsing, revolving fund for 
carrying out the purposes of this subchapter.  The balance in the fund is limited to $20,000.  
To this fund are credited permit fees, civil penalties and other fees and charges related to 
this subchapter.  To this fund are charged expenses of the bureau incurred to mitigate and 
remediate damages or potential damages to waters of the State created by violations of this 
subchapter, including but not limited to costs of cleanup of discharges of pollutants to 
waters of the State and the restoration of water supplies.
1.  Disbursements from fund.  Money in the fund may be disbursed only for costs, 
including without limitation payments to contractors undertaking mitigation and 
remediation activities and equipment expenses, involved in the control of sediment and 
water flow, the abatement of pollution and the implementation of remedial measures, 
including restoration of water supplies, related to the discharge of sediment and other 
pollutants discharged or at risk of discharging to waters of the State by timber harvesting 
activities.
2.  Reimbursements to the fund.  The following provisions govern reimbursements 
to the fund.
A.  For the use of the fund, the director shall seek recovery of disbursements from the 
fund from the responsible party, unless the bureau finds the amount involved too small, 
the likelihood of success too uncertain or that recovery of costs is unlikely due to the 
inability of the responsible party to pay those costs.
B.  Requests for reimbursement to the fund, if not paid within 30 days of demand, may 
be turned over to the Attorney General for collection or may be submitted to a 
collection agency or agent or an attorney retained by the department with the approval 
of the Attorney General in conformance with Title 5, section 191, or the bureau may 
file suit in District Court.
3.  Lien.  All costs incurred by the State to mitigate and remediate damages or potential 
damages to waters of the State created by violations of this subchapter under subsection 1 
and interest on those costs are a lien against the real estate of the responsible party.  A 
certificate of lien signed by the director must be sent by certified mail to the responsible 
party prior to being recorded and may be filed in the office of the clerk of the municipality 
in which the real estate is located.  The lien is effective when the certificate is recorded 
with the registry of deeds for the county in which the real estate is located.  The certificate 
of lien must include a description of the real estate, the amount of the lien and the name of 
the owner as grantor.
When the amount for which a lien has been recorded under this subsection has been paid 
or reduced, the director, upon request by any person of record holding interest in the real 
estate that is the subject of the lien, shall issue a certificate discharging or partially 
discharging the lien.  The certificate must be recorded in the registry in which the lien was 
recorded.  Any action of foreclosure of the lien must be brought by the Attorney General 
in the name of the State in the Superior Court for the judicial district in which the real estate 
subject to the lien is located.
SUMMARY
This bill establishes the Maine Forestry Operations Cleanup and Response Fund, a 
nonlapsing, dedicated revenue fund for the Department of Agriculture, Conservation and 
Forestry, Bureau of Forestry to use to mitigate and remediate water quality violations that 
result from timber harvesting activities and that require immediate action to prevent or 
minimize further damage to waters of this State.  The fund is replenished by financial 
penalties, permit fees and other charges associated with timber harvesting, up to a limit of 
$20,000.  The bill allows the bureau to recover costs incurred through the use of this fund 
and to place a lien on a property when the responsible party is unwilling or unable to repay 
such costs.