reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 1319-E (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-E. Disbursements from the Maine Hazardous Waste Fund

 §1319-E. Disbursements from the Maine Hazardous Waste Fund 1.  Money disbursed.  Money in the Maine Hazardous Waste Fund may be disbursed by the commissioner for the following purposes, but for no other:   A. Costs incurred in the removal or abatement of an unlicensed discharge or threatened discharge of hazardous waste, waste oil or biomedical waste. Whenever practical, the commissioner may offer the responsible party the opportunity to remove or abate the discharge or threatened discharge;   [PL 1993, c. 355, §54 (AMD).]B.   [PL 1989, c. 546, §15 (RP).]C. Costs incurred for the purchase of necessary hazardous waste, waste oil and biomedical waste testing, response, inspection and monitoring equipment and supplies, response and compliance personnel and training of personnel in accordance with an allocation approved by the Legislature;   [PL 1993, c. 355, §54 (AMD).]D. Amounts necessary to reimburse municipalities as required by section 1319-R, subsection 3;   [PL 1989, c. 874, §8 (AMD).]E. Costs incurred in the inspection or supervision of hazardous waste, waste oil and biomedical waste activities and handlers; and   [PL 2011, c. 653, §26 (AMD); PL 2011, c. 653, §33 (AFF).]F. [PL 2011, c. 653, §27 (RP); PL 2011, c. 653, §33 (AFF).] G. Costs incurred in the administration of chapter 27 or the provision of technical assistance under the technical assistance and recognition programs described in section 2326.   [PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF).][PL 2009, c. 579, Pt. B, §10 (AMD); PL 2009, c. 579, Pt. B, §13 (AFF); PL 2011, c. 653, §§26, 27 (AMD); PL 2011, c. 653, §33 (AFF).] 2.  Limitation.   [PL 1987, c. 192, §28 (RP).] SECTION HISTORY PL 1981, c. 478, §7 (NEW). PL 1983, c. 342, §6 (AMD). PL 1985, c. 162, §12 (AMD). PL 1987, c. 192, §28 (AMD). PL 1987, c. 517, §26 (AMD). PL 1989, c. 546, §15 (AMD). PL 1989, c. 874, §§8-10 (AMD). PL 1989, c. 890, §§A40, B257 (AMD). PL 1991, c. 499, §23 (AMD). PL 1993, c. 355, §54 (AMD). PL 2009, c. 579, Pt. B, §10 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF). PL 2011, c. 653, §§26, 27 (AMD). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 1319-F (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-F. Personnel and equipment

 §1319-F. Personnel and equipment The commissioner may employ personnel, subject to the Personnel Laws, and maintain equipment necessary to carry out the department's responsibilities under this subchapter.   [PL 1981, c. 478, §7 (NEW).]SECTION HISTORY PL 1981, c. 478, §7 (NEW).
38 ME Rev Stat § 1319-J (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-J. Liability

 §1319-J. Liability Any person who permits, causes or is responsible for a discharge or threatened discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, including personnel costs, in the removal of the discharge or threatened discharge. Funds recovered under this section must be deposited to the account from which they were expended. Requests for reimbursement, if not made within 30 days of demand, must be turned over to the Attorney General for collection.   [PL 2021, c. 186, §13 (AMD).]In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge or threatened discharge. The State need only plead and prove the fact of the discharge or threatened discharge and that the discharge or threatened discharge occurred while the hazardous waste was in the custody or control of the person causing, permitting or responsible for the discharge or threatened discharge or that the discharge or threatened discharge occurred at or involved any real property, structure, equipment or conveyance under the custody or control of that person.   [PL 1981, c. 478, §7 (NEW).]SECTION HISTORY PL 1981, c. 478, §7 (NEW). PL 2021, c. 186, §13 (AMD).
38 ME Rev Stat § 1319-K (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-K. Construction

 §1319-K. Construction This subchapter, being necessary for the general welfare, public health and public safety of the State and its inhabitants, shall be construed to effect the purposes set forth under this subchapter. No rule, regulation or order of the board may be stayed pending appeal under this subchapter.   [PL 1981, c. 478, §7 (NEW).]SECTION HISTORY PL 1981, c. 478, §7 (NEW).
38 ME Rev Stat § 1319-L (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-L. Exemption for treatment of corrosive hazardous wastes

 §1319-L. Exemption for treatment of corrosive hazardous wastes 1.  Licensing.  A hazardous waste facility license is not required under section 1317-A or 1319-O for elementary neutralization units as defined in department rules for the owner or operator of the facility who complies with requirements of law applicable to elementary neutralization or elementary neutralization units. Requirements of law include waste discharge permits authorizing the discharge of treated waste, permit or other requirements for adoption of a spill prevention plan, and maintenance of collection and treatment equipment.   [PL 1995, c. 241, §1 (NEW).] 2.  Reporting.  Collection and handling of hazardous waste exempt from licensing under subsection 1 is also exempt from the reporting requirement under section 1318, subsection 1 and section 1318-B, subsection 1 provided such wastes are discharged into a contained area, which may include a pipe or sewer.   [PL 1995, c. 241, §1 (NEW).] SECTION HISTORY PL 1995, c. 241, §1 (NEW).
38 ME Rev Stat § 1319-P (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 5: HAZARDOUS WASTE AND WASTE OIL|38 §1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1310-A)

 §1319-P. Municipal hazardous waste control (REALLOCATED FROM TITLE 38, SECTION 1310-A)Nothing in this chapter shall be construed as a preemption of the field of hazardous waste regulation and study on the part of the State. Municipalities may study hazardous waste and adopt and enforce hazardous waste control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard under, or other action promulgated pursuant to, this chapter. Local ordinance provisions which touch on matters not dealt with by the chapter or which are more stringent than this chapter shall bind persons residing in the municipality.   [PL 1987, c. 517, §23 (RAL).]SECTION HISTORY PL 1987, c. 517, §23 (RAL).
38 ME Rev Stat § 1319-Q (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 5: HAZARDOUS WASTE AND WASTE OIL|38 §1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION 1304-A)

 §1319-Q. Data collection; report (REALLOCATED FROM TITLE 38, SECTION 1304-A)1.  Data collection and monitoring.  The commissioner shall have data on the generation, transportation and handling of hazardous waste collected and monitored in a coordinated manner.   [RR 2007, c. 1, §21 (COR).] 2.  Report.  The commissioner shall biennially, prior to November 1st, prepare a report to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must cover the prior 2 calendar years and must include the following data:   A. The amount of hazardous waste by type that is generated, handled or transported within the State;   [PL 1987, c. 517, §13 (RAL).]B. The amount of hazardous waste by type that is handled at commercial hazardous waste facilities within the State;   [PL 1987, c. 517, §13 (RAL).]C. The number of hazardous waste facility permits by type currently active and the number granted and revoked in the year;   [PL 1987, c. 517, §13 (RAL).]D. The amount of hazardous waste by type generated outside the State that was handled at permitted facilities within the State, and the amount of hazardous waste generated within the State that was handled at facilities located outside the State;   [PL 1987, c. 517, §13 (RAL).]E. A list of hazardous waste facilities located within the State and those located outside the State which are available for use by generators in the State; and   [PL 1987, c. 517, §13 (RAL).]F. A list of known firms that provide testing, consulting, brokerage, waste exchange, transport or other services to hazardous waste generators.   [PL 1987, c. 517, §13 (RAL).][PL 2007, c. 292, §38 (AMD).] 3.  Facility needs plan.   [PL 1993, c. 355, §56 (RP).] 4.  Legislative recommendations.   [PL 2007, c. 292, §38 (RP).] 5.  Procedural requirements.   [PL 2007, c. 292, §38 (RP).] SECTION HISTORY PL 1987, c. 517, §13 (RAL). PL 1989, c. 890, §§A40,B262 (AMD). PL 1993, c. 355, §§55-57 (AMD). RR 2007, c. 1, §21 (COR). PL 2007, c. 292, §38 (AMD).
38 ME Rev Stat § 1319-V (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 5: HAZARDOUS WASTE AND WASTE OIL|38 §1319-V. Corrective action

 §1319-V. Corrective action 1.  Requirement.  The facility owner or operator shall undertake corrective action beyond the facility boundary or site to remove the danger to public health or the environment unless the facility owner or operator demonstrates to the satisfaction of the board that the owner or operator is unable to undertake the action and despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake the action. If the board makes these findings, the facility owner or operator is not relieved of responsibility to clean up a release that has migrated off the facility site. The board shall decide how to proceed on a case-by-case basis.   [PL 1989, c. 794, §8 (NEW).] 2.  Compliance schedules.  If corrective action can not be completed by an applicant prior to issuance of a license pursuant to this subchapter, the license must contain a schedule of compliance for corrective action.   [PL 1989, c. 794, §8 (NEW).] SECTION HISTORY PL 1989, c. 794, §8 (NEW).
38 ME Rev Stat § 1319-W (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 5: HAZARDOUS WASTE AND WASTE OIL|38 §1319-W. Rights of action against financial guarantors

 §1319-W. Rights of action against financial guarantors If the owner or operator of a facility permitted under this subchapter is in liquidation, reorganization or adjustment pursuant to the federal Bankruptcy Reform Act of 1978, Public Law 95-598, as amended, or when, with reasonable diligence, jurisdiction in any state court or any federal court can not be obtained over an owner or operator likely to be solvent at the time of judgment, any claim arising from conduct for which evidence of financial capacity must be provided under this subchapter may be asserted by the department directly against the guarantor providing evidence of financial capacity. For the purpose of this section, the term "guarantor" means any person, other than the owner or operator, who provides evidence of financial capacity for an owner or operator under this subchapter.   [PL 1989, c. 794, §8 (NEW).]1.  Rights of guarantor.  In any action pursuant to this section, the guarantor is entitled to invoke all rights and defenses that would be available to the owner or operator if any action was brought against the owner or operator by the claimant and that would be available to the guarantor if an action was brought against the guarantor by the owner or operator.   [PL 1989, c. 794, §8 (NEW).] 2.  Liability.  The total liability of any guarantor is limited to the aggregate amount that the guarantor has provided as evidence of financial capacity to the board on behalf of the owner or operator under this subchapter. Nothing in this section may be construed to limit any other liability of a guarantor to its owner or operator as established by state or federal statutory, contractual or common law including, but not limited to, the liability of the guarantor for bad faith either in negotiating or in failing to negotiate the settlement of any claim. Nothing in this section may be construed to diminish the liability of any person under this subchapter or other applicable law.   [PL 1989, c. 794, §8 (NEW).] SECTION HISTORY PL 1989, c. 794, §8 (NEW).
38 ME Rev Stat § 1319-X (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 5: HAZARDOUS WASTE AND WASTE OIL|38 §1319-X. Criteria for development of waste oil facilities and biomedical waste facilities

 §1319-X. Criteria for development of waste oil facilities and biomedical waste facilities The following criteria for facility development apply to an application for a waste oil facility or a new or substantially modified biomedical waste treatment or disposal facility in addition to other criteria established by law or rule for those facilities.   [PL 2021, c. 186, §16 (AMD).]1.  Financial capacity.  The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards.   [PL 1993, c. 383, §38 (NEW).] 2.  No adverse effect on the natural environment.  The applicant has provided adequately for fitting the project harmoniously into the existing natural environment and the project will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.   [PL 1993, c. 383, §38 (NEW).] 3.  Ground water.  The proposed project does not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur.   [PL 1993, c. 383, §38 (NEW).] 4.  Soil types and erosion.  The project will be built on soil types suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment.   [PL 1993, c. 383, §38 (NEW).] 5.  Traffic movement.  The applicant has provided adequately for traffic movement of all types into, out of or within the project area. The department shall consider traffic movement both on site and off site, including safety and congestion along waste conveyance transportation routes. The Department of Transportation shall provide the department with an analysis of traffic movement of all types into, out of or within the project area.   [PL 1993, c. 383, §38 (NEW).] 6.  Infrastructure.  The applicant has provided adequately for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project and the project will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services.   [PL 1993, c. 383, §38 (NEW).] 7.  Flooding.  The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure.   [PL 1993, c. 383, §38 (NEW).] The department may not issue a license for a waste oil facility if the proposed facility overlies a significant ground water aquifer or a primary sand and gravel recharge area.   [PL 2021, c. 186, §17 (AMD).]SECTION HISTORY PL 1993, c. 383, §38 (NEW). PL 2021, c. 186, §§15-17 (AMD).
38 ME Rev Stat § 1452 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 1: GENERAL PROVISIONS|38 §1452. Consent of Legislature for federal radioactive waste storage facilities

 §1452. Consent of Legislature for federal radioactive waste storage facilities Notwithstanding any other provision of law, this State does not consent to the acquisition by the Federal Government, by purchase, condemnation, lease, easement or by any other means, of any land, building or other structure, above or below ground, or in or under the waters of the State for use in storing, depositing or treating high-level or low-level radioactive waste materials. The Legislature may consent, by prior affirmative vote, to such activities, except that consent is expressly withheld for any such activity undertaken in connection with the deep geological disposal of high-level radioactive waste, as provided in section 1461-A.   [PL 1985, c. 802, §5 (AMD).]SECTION HISTORY PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §5 (AMD).
38 ME Rev Stat § 1453 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 1: GENERAL PROVISIONS|38 §1453. Advisory Commission on Radioactive Waste (REPEALED)

 §1453. Advisory Commission on Radioactive Waste (REPEALED)SECTION HISTORY PL 1985, c. 309, §6 (NEW). PL 1985, c. 501, §B22 (AMD). PL 1985, c. 522, §1 (AMD). PL 1985, c. 525 (AMD). PL 1985, c. 737, §A115 (AMD). PL 1993, c. 92, §17 (AMD). PL 1993, c. 664, §14 (RP).
38 ME Rev Stat § 1453-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 1: GENERAL PROVISIONS|38 §1453-A. Advisory Commission on Radioactive Waste and Decommissioning (REPEALED)

 §1453-A. Advisory Commission on Radioactive Waste and Decommissioning (REPEALED)SECTION HISTORY PL 1993, c. 664, §15 (NEW). PL 1993, c. 664, §21 (AFF). PL 1995, c. 333, §§3,4 (AMD). PL 1995, c. 488, §5 (AMD). PL 1995, c. 642, §§13,14 (AMD). PL 1997, c. 700, §§2-8 (AMD). PL 1999, c. 366, §2 (AMD). PL 1999, c. 585, §§2,3 (AMD). PL 2003, c. 689, §§B6,7 (REV). MRSA T. 38 §1453-A, sub-7 (RP).
38 ME Rev Stat § 1454 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 1: GENERAL PROVISIONS|38 §1454. Radioactive Waste Evaluation Fund (REPEALED)

 §1454. Radioactive Waste Evaluation Fund (REPEALED)SECTION HISTORY PL 1985, c. 309, §6 (NEW). PL 1985, c. 522, §§2,3 (AMD). PL 1987, c. 530, §3 (RPR). PL 1989, c. 890, §§A40,B270 (AMD). PL 1993, c. 664, §16 (RP).
38 ME Rev Stat § 1454-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 1: GENERAL PROVISIONS|38 §1454-A. Radioactive Waste Advisory Commission Fund (REPEALED)

 §1454-A. Radioactive Waste Advisory Commission Fund (REPEALED)SECTION HISTORY PL 1993, c. 664, §17 (NEW). PL 1995, c. 333, §5 (AMD). PL 1995, c. 502, §E32 (AMD). PL 1999, c. 556, §39 (AMD). PL 2003, c. 689, §§B6,7 (REV). PL 2007, c. 619, §8 (RP).
38 ME Rev Stat § 1461 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE|38 §1461. Intent (REPEALED)

 §1461. Intent (REPEALED)SECTION HISTORY PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §6 (RP).
38 ME Rev Stat § 1461-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE|38 §1461-A. Disapproval of high-level radioactive waste repository

 §1461-A. Disapproval of high-level radioactive waste repository 1.  Disapproval.  The State has received notice that the United States Department of Energy, in accordance with the United States Nuclear Waste Policy Act of 1982, Public Law 97-425, is considering 2 sites within the State of Maine as potentially acceptable sites for location of a high-level radioactive waste repository and has considered at least 3 other sites within Maine for this purpose. The Legislature finds:   A. That, based on all available technical information, the geology at these sites is not suitable for a high-level radioactive waste repository;   [PL 1985, c. 802, §7 (NEW).]B. That exploration for, construction or operation of such a repository at these sites is contrary to the economic well-being of the people of this State; and   [PL 1985, c. 802, §7 (NEW).]C. That the location of such a repository at these sites is contrary to the safety and health of the people of the State of Maine and would substantially interfere with the power and ability of the State to govern its citizens and provide for their health, safety and welfare.   [PL 1985, c. 802, §7 (NEW).]For each of these reasons, the State of Maine expressly disapproves the further exploration for, construction or operation of a high-level radioactive waste repository at any of these sites.   [PL 1985, c. 802, §7 (NEW).] 2.  Review by State.  If the Federal Government, or any person acting under its direction, in spite of the State's disapproval as provided in subsection 1, proceeds with further efforts to investigate the siting, construction or operation of a high-level radioactive waste repository within the State of Maine, the provisions of sections 1463 to 1466 apply to the extent necessary to allow the State to monitor, review and regulate such activities in order to minimize the adverse effects on the health, safety and economic well-being of the people of this State arising from these activities.   [PL 1985, c. 802, §7 (NEW).] SECTION HISTORY PL 1985, c. 802, §7 (NEW).
38 ME Rev Stat § 1462 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE|38 §1462. Limitation (REPEALED)

 §1462. Limitation (REPEALED)SECTION HISTORY PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §8 (RP).
38 ME Rev Stat § 1464 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE|38 §1464. Site characterization and selection

 §1464. Site characterization and selection 1.  Limitation.  Except for oversight, monitoring and public information activities, no agent of the State may participate in site characterization or selection studies, until the Legislature finds that all of the matters in section 1463, subsection 3, have been adequately addressed and has approved a plan for the studies and the Federal Government agrees that the site characterization or selection process includes:   A. Compliance with the United States National Environmental Policy Act of 1969, Public Law 91-190, including preparation of a specific environmental impact statement; and   [PL 1983, c. 381, §9 (NEW).]B. Compliance with all applicable state and local laws.   [PL 1983, c. 381, §9 (NEW).][PL 1985, c. 802, §9 (AMD).] 2.  Legislative findings.   [PL 1985, c. 802, §9 (RP).] 2-A.  Limitations on excavation activities.  No person may excavate any exploratory shaft for site characterization, selection or construction, unless the Legislature has approved that activity.   [PL 1985, c. 802, §9 (NEW).] 3.  Reports.  The commissioner shall keep the Governor and the Legislature fully and currently informed about the conduct of any site characterization and, within 90 days of completion of that effort, shall review the findings and report them, together with the commissioner's comments to the Governor and the Legislature.   [PL 1985, c. 802, §9 (AMD).] SECTION HISTORY PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §9 (AMD).
38 ME Rev Stat § 1465 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 14-A: NUCLEAR WASTE ACTIVITY|Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE|38 §1465. Notice of disapproval (REPEALED)

 §1465. Notice of disapproval (REPEALED)SECTION HISTORY PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §10 (RP).