reglab/housing_qa huggingface dataset:
37-B ME Rev Stat § 796 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §796. Material safety data sheets

 §796. Material safety data sheets 1.  Data sheets.  Any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the United States Occupational Safety and Health Act of 1970, Public Law 91-596, as amended, and regulations promulgated under it shall submit to the local emergency planning committee of the emergency planning district in which the facility is located, the commission and the fire department having jurisdiction over the facility, either data sheets or lists for which data sheets are available of the hazardous chemicals and extremely hazardous substances that are stored at the facility in an amount that exceeds the threshold planning quantity for those chemicals or substances. The hazardous chemicals and extremely hazardous substances shall be grouped together on any such data sheets by the categories of health and physical hazards. The data sheets shall include, without limitation, all criteria set forth in 29 Code of Federal Regulations, Section 1910.1200.   [PL 1989, c. 464, §3 (NEW).] 2.  Content of lists.  The list of chemicals referred to in subsection 1 must include each of the following:   A. A list of hazardous chemicals for which material safety data sheets are required under subsection 1 grouped in categories of health and physical hazards;   [PL 1989, c. 464, §3 (NEW).]B. The chemical name or the common name of each such chemical as provided on the material safety data sheet; and   [PL 1989, c. 464, §3 (NEW).]C. Any hazardous component of each such chemical as provided on the material safety data sheet.   [PL 1989, c. 464, §3 (NEW).][PL 1989, c. 464, §3 (NEW).] 3.  Revised data sheets.  Within 3 months after the discovery of new information about a hazardous chemical or extremely hazardous substance identified in the data sheet required by subsection 1, paragraph A or within 3 months after obtaining a hazardous chemical or extremely hazardous substance for which reporting is required by subsection 1, paragraph A, the owner or operator of a facility shall prepare and submit a revised data sheet or a revised list of chemicals for which data sheets are available that meets the requirements of subsection 1, paragraph A and contains the new information to the local emergency planning committee, the commission, and the fire department having jurisdiction over the facility.   [PL 1989, c. 464, §3 (NEW).] SECTION HISTORY PL 1989, c. 464, §3 (NEW).
37-B ME Rev Stat § 797 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §797. Maine chemical inventory report

 §797. Maine chemical inventory report A person required to submit a facility emergency response plan, material safety data sheet or list of hazardous chemicals and extremely hazardous substances must submit a Maine chemical inventory report to the commission, the local emergency planning committee and the local fire department with jurisdiction over the facility. The inventory report and fee must be submitted by March 1st annually for the previous calendar year. Information on the inventory of extremely hazardous substances and hazardous chemicals for the previous calendar year is required in the report. This report must state, at a minimum:   [PL 2009, c. 479, §1 (AMD).]1.  Chemical name.  The chemical name of each substance listed;   [PL 1989, c. 464, §3 (NEW).] 2.  Maximum weight.  The maximum number of pounds of each substance present at any time during the preceding year;   [PL 1989, c. 464, §3 (NEW).] 3.  Average amount.  The average daily amount of each substance present during the preceding year;   [PL 1989, c. 464, §3 (NEW).] 4.  Chemical storage.  A brief description of the manner of the chemical's storage;   [PL 1989, c. 464, §3 (NEW).] 5.  Chemical location.  The chemical's location at the facility;   [PL 1989, c. 464, §3 (NEW).] 6.  Information withholding.  An indication if the person is electing to withhold information from disclosure under section 800; and   [PL 2009, c. 579, Pt. B, §1 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).] 7.  Transportation.  A description of the manner in which the substance is shipped to the facility, including standard and alternate transportation routes taken through the State from point of origin or entry to the facility. Records held by the commission regarding standard and alternate transportation routes are confidential records for the purposes of Title 1, chapter 13, subchapter 1. The commission may provide those records to state, county or local emergency management agencies or public officials, as the commission determines necessary, but shall require those agencies or officials to hold those records as confidential.   [PL 2009, c. 579, Pt. B, §2 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).] 8.  Progress toward toxics use reduction goals.   [PL 2009, c. 579, Pt. B, §3 (RP); PL 2009, c. 579, Pt. B, §13 (AFF).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 1989, c. 929, §§2,3 (AMD). PL 1993, c. 355, §1 (AMD). PL 1995, c. 411, §1 (AMD). PL 2001, c. 533, §1 (AMD). PL 2009, c. 252, §5 (AMD). PL 2009, c. 479, §1 (AMD). PL 2009, c. 579, Pt. B, §§1-3 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF).
37-B ME Rev Stat § 798 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §798. Emergency notification

 §798. Emergency notification 1.  Immediate notification.  In the event of an unlicensed release from any facility where a CERCLA hazardous substance or an extremely hazardous substance is produced, used or stored that requires reporting under the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Section 103(a) or the federal Superfund Amendments and Reauthorization Act of 1986, Title III, Section 304(a), the owner or operator of the facility at which the release occurs must immediately contact the local fire department with jurisdiction over the site, the State Police as the designated agent for the commission and the community emergency coordinator. This oral notification must contain, to the extent known at the time of notice and so long as no delay in responding to the emergency results, information included in the Maine Emergency Management Agency's AR-1 form including:   A. The specific location of the release;   [PL 1989, c. 464, §3 (NEW).]B. Identification of the chemical released and the estimated quantity released;   [PL 1989, c. 464, §3 (NEW).]C. The time and duration of the release;   [PL 1989, c. 464, §3 (NEW).]D. The environmental media into which the chemical was released;   [PL 1989, c. 464, §3 (NEW).]E. Any known or anticipated acute or chronic health risks;   [PL 1989, c. 464, §3 (NEW).]F. Any precautions that should be taken, including evacuation or medical surveillance; and   [PL 1989, c. 464, §3 (NEW).]G. The names and telephone numbers of parties to be contacted for further information.   [PL 1989, c. 464, §3 (NEW).][RR 2021, c. 1, Pt. A, §50 (COR).] 2.  Transportation releases.  For releases of substances covered under this subchapter during transportation, the responsible party must contact the State Police.   [PL 1989, c. 464, §3 (NEW).] 3.  Follow-up report.  Within 14 days of the release, the owner or operator must file with the commission and committee a follow-up emergency notice, which details all of the information in subsection 1, along with:   A. Actions taken to respond to and contain the release;   [PL 1989, c. 464, §3 (NEW).]B. The cause of the release and the events leading to it;   [PL 1989, c. 464, §3 (NEW).]C. The known or anticipated health risks of the release and any medical attention needs of exposed persons; and   [PL 1989, c. 464, §3 (NEW).]D. The measures taken or to be taken to avoid recurrence.   [PL 1989, c. 464, §3 (NEW).][PL 1989, c. 464, §3 (NEW).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). RR 2021, c. 1, Pt. A, §50 (COR).
37-B ME Rev Stat § 799 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §799. Toxic chemical release reports

 §799. Toxic chemical release reports Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification Codes 20-39 must file toxic chemical release reports for routine releases with the United States Environmental Protection Agency, the Department of Environmental Protection, the commission and the local emergency planning committee by October 1, 1989 and annually thereafter consistent with the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Section 313, and 40 Code of Federal Regulations, Part 372. Those reports must be made available to the public by the commission and the local emergency planning committee.   [PL 2009, c. 579, Pt. B, §4 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).]SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 1989, c. 929, §4 (AMD). PL 1993, c. 355, §2 (AMD). PL 2009, c. 252, §6 (AMD). PL 2009, c. 579, Pt. B, §4 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF).
37-B ME Rev Stat § 800 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §800. Trade secrets

 §800. Trade secrets 1.  Withholding information.  Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department, and specific chemical names and identifications may be withheld in accordance with this subchapter if:   A. The information has not been disclosed to any other person except the commission, the local emergency planning committee, a public official or a person bound by confidentiality agreement, and reasonable measures have been taken to protect confidentiality;   [PL 1989, c. 464, §3 (NEW).]B. The information is not required to be disclosed by law;   [PL 1989, c. 464, §3 (NEW).]C. Disclosure is likely to cause harm to the business's competitive position; and   [PL 1989, c. 464, §3 (NEW).]D. The chemical identity in question is not readily discoverable through reverse engineering.   [PL 1989, c. 464, §3 (NEW).][PL 1989, c. 464, §3 (NEW).] 2.  Substitute information.  If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms:   A. The generic class of the material;   [PL 1989, c. 464, §3 (NEW).]B. Sufficient information so that emergency responders will not be hampered; and   [PL 1989, c. 464, §3 (NEW).]C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.   [PL 1989, c. 464, §3 (NEW).][PL 1989, c. 464, §3 (NEW).] 3.  Exception.  Trade secrecy cannot be claimed if:   A. The commission and the United States Environmental Protection Agency so rule;   [PL 1989, c. 464, §3 (NEW).]B. Notification is required by a release; or   [PL 1989, c. 464, §3 (NEW).]C. In the event of a life threatening situation, the information is requested by the State Toxicologist or a health professional treating a victim of exposure to the chemical.   [PL 1989, c. 464, §3 (NEW).][PL 1989, c. 464, §3 (NEW).] SECTION HISTORY PL 1989, c. 464, §3 (NEW).
37-B ME Rev Stat § 801 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §801. Fees

 §801. Fees 1.  Fees required.  The operators of any facility that is required to report to the State Emergency Response Commission under the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Sections 311, 312 and 313, are subject to the fees adopted pursuant to subsection 2. All fees collected pursuant to this section shall be deposited in the Emergency Response Commission Fund.   [PL 1989, c. 464, §3 (NEW).] 2.  Fees established.  The director, with the advice of the commission and subject to the Maine Administrative Procedure Act, shall promulgate rules to establish a fee schedule for:   A. Registering facilities, not to exceed $50 per facility; and   [PL 1989, c. 464, §3 (NEW).]B. Reporting hazardous materials, on a weight basis per chemical.   [PL 1989, c. 464, §3 (NEW).][RR 2015, c. 1, §43 (COR).] 3.  Fee caps.  Facility owners and operators shall be subject to maximum fees of $5,000 per facility for reporting hazardous materials under this section.   [PL 1989, c. 464, §3 (NEW).] 4.  Fee exemptions.  The following operators are exempt from the following requirements under this section.   A. Retail marketers of petroleum products with a storage capacity of 75,000 pounds or less per product shall be exempt from the reporting fee.   [PL 1989, c. 464, §3 (NEW).]B. Owners and operators of commercial agricultural operations are exempt from the fee requirements under this section for registering agricultural facilities and for hazardous materials used in the commercial production of agricultural products as defined in Title 7, section 152, subsection 2. Agricultural product processing facilities are not exempt from the fee requirements. For the purposes of this section, "processing" does not include the packaging of raw commodities or agricultural products for resale.   [PL 2007, c. 649, §9 (AMD).]C. Public schools are exempt from registration fees and inventory fees imposed pursuant to this section prior to March 1, 1994 for underground storage tanks. This paragraph does not exempt a public school from registration or inventory requirements other than the payment of fees prior to March 1, 1994 for underground storage tanks.   [PL 1993, c. 571, §1 (NEW).][PL 2007, c. 649, §9 (AMD).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 1993, c. 571, §1 (AMD). PL 2007, c. 649, §9 (AMD). RR 2015, c. 1, §43 (COR).
37-B ME Rev Stat § 802 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §802. Emergency Response Commission Fund

 §802. Emergency Response Commission Fund The Emergency Response Commission Fund is established to be used by the agency as a nonlapsing fund for carrying out the purposes of this subchapter. All fees collected under this subchapter shall be credited to this fund. All fines or penalties assessed pursuant to section 806 shall be credited to this fund.   [PL 1989, c. 464, §3 (NEW).]1.  Disbursements allowed.  The agency, with the advice of the commission, shall make disbursements from the fund for the following purposes:   A. To employ personnel within the agency to manage and coordinate data collected pursuant to this subchapter;   [PL 1989, c. 464, §3 (NEW).]B. To fund county training programs for local emergency planning committees;   [PL 1989, c. 464, §3 (NEW).]C. To provide training grants;   [PL 2013, c. 462, §11 (AMD).]D. To provide for the resource needs of the local emergency planning committees ; and   [PL 2013, c. 462, §11 (AMD).]E. To provide for the procurement and maintenance of hazardous materials incident response equipment and related consumable supplies. Disbursements for this purpose must be approved by the commission.   [PL 2013, c. 462, §12 (NEW).][PL 2013, c. 462, §§11, 12 (AMD).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 2013, c. 462, §§11, 12 (AMD).
37-B ME Rev Stat § 803 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §803. Agency responsibilities

 §803. Agency responsibilities The Maine Emergency Management Agency has the following responsibilities under this subchapter.   [PL 1989, c. 464, §3 (NEW).]1.  Review facility emergency plans.  The agency shall review facility area emergency plans submitted to the commission and make recommendations to the commission on their acceptance. The agency shall also develop model emergency plans.   [PL 1989, c. 464, §3 (NEW).] 2.  Manage and coordinate data.  The agency shall manage and coordinate data submitted pursuant to the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.   [PL 1989, c. 464, §3 (NEW).] 3.  Liaison.  The agency shall provide liaison to the State Emergency Response Commission, local emergency planning committees and industrial facilities throughout the State that manufacture, use, store or process hazardous materials.   [PL 1989, c. 464, §3 (NEW).] 4.  Monitor compliance.  The agency shall monitor the compliance of facilities, owners and operators with this subchapter and shall conduct inspections as necessary to ensure compliance with this subchapter. In the event of an accident or incident, the agency may investigate and inspect facilities to determine the cause and circumstances and may order appropriate reporting, facility response mitigation and corrective actions pursuant to any requirement of this subchapter.   [PL 1989, c. 464, §3 (NEW); PL 1989, c. 638, §3 (AMD).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 1989, c. 638, §3 (AMD).
37-B ME Rev Stat § 804 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §804. Local authority

 §804. Local authority Nothing in this subchapter or rules adopted under it preempts or otherwise affects any ordinance, regulation or rule of a political subdivision, limits the authority of a political subdivision to adopt or enforce any ordinance, regulation, or rule that it is authorized to adopt or enforce pursuant to the Constitution of Maine and laws of this State, or limits the authority of any department or agency of this State to adopt any rule or enforce any law or rule of this State that it is authorized to adopt or enforce under the laws of this State. This subchapter does not abridge rights of action or remedies in equity, under common law, or as provided by law.   [PL 1989, c. 464, §3 (NEW).]SECTION HISTORY PL 1989, c. 464, §3 (NEW).
37-B ME Rev Stat § 805 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986|37-B §805. Community right to know

 §805. Community right to know 1.  Availability to public.  Each emergency response plan, material safety data sheet, list described in section 796, subsection 2, Maine chemical inventory report, toxic chemical release report and follow-up emergency notice must be made available to the general public, consistent with section 800, during normal working hours at the location or locations designated by the Administrator of the United States Environmental Protection Agency, the Governor, the commission or the local emergency planning committee, as appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 797, the commission and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any specific chemical required by section 797 to be contained in a Maine chemical inventory report.   [PL 2009, c. 252, §7 (AMD).] 2.  Notice of public availability.  Each committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data sheets and Maine chemical inventory reports have been submitted under this section. The notice must state that follow-up emergency notices may subsequently be issued and announce that members of the public who wish to review any such plan, sheet, report or follow-up notice may do so at the location designated under subsection 1.   [PL 2009, c. 252, §7 (AMD).] SECTION HISTORY PL 1989, c. 464, §3 (NEW). PL 2009, c. 252, §7 (AMD).
37-B ME Rev Stat § 821 (2021)
2021 Maine Revised Statutes|TITLE 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT|Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY|Subchapter 4: ADMINISTRATION|37-B §821. Eminent domain

 §821. Eminent domain When the Governor has issued a proclamation in accordance with section 742 and, when in the Governor's judgment for the protection and welfare of the State and its inhabitants, the situation requires it as a matter of public necessity or convenience, the Governor may take possession of any real or personal property located within the State for public uses in furtherance of this chapter.   [RR 2019, c. 1, Pt. B, §49 (COR).]1.  Real property.  If real estate is seized under this section, a declaration of the property seized, containing a full and complete description, shall be filed with the register of deeds for the county in which the seizure is located and a copy of that declaration shall be furnished to the owner.   [PL 1983, c. 460, §3 (NEW).] 2.  Personal property.  If personal property is seized under this section, there shall be entered, upon a docket containing a permanent record, a description of that personal property and its condition when seized, and there shall be furnished to the owner of the seized property a true copy of the docket recording.   [PL 1983, c. 460, §3 (NEW).] 3.  Compensation.  The Governor shall award reasonable compensation to the owners of the property that the Governor takes under this section and for its use and for any injury thereto or destruction thereof caused by that use.   [RR 2019, c. 1, Pt. B, §50 (COR).] 4.  Appeal.  The owner of property of which possession has been taken under this section and to whom no award has been made or who is dissatisfied with the amount awarded the owner as compensation may bring an action in the Superior Court in the county in which the owner lives or has a usual place of business or in the County of Kennebec to have the amount of damages to which the owner is entitled determined. The plaintiff may bring the action within 6 years after the date when possession of the property was taken under this section, except that, if the owner of the property is in the military service of the United States at any time during which the owner should otherwise have brought the action, the owner may bring the action within 6 years after the owner's discharge from that military service. The plaintiff and the State severally have the right to have the damages assessed by a jury.   [RR 2019, c. 1, Pt. B, §51 (COR).] 5.  Continuation of right of action.  In the event the owner of property seized under this section dies, preventing the owner from bringing or continuing the action provided in subsection 4, the owner's executor or administrator may bring or continue the action.   [RR 2019, c. 1, Pt. B, §52 (COR).] SECTION HISTORY PL 1983, c. 460, §3 (NEW). RR 2019, c. 1, Pt. B, §§49-52 (COR).