reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 1316-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-A: TIRE STOCKPILE ABATEMENT|38 §1316-C. Liability; recovery by State

 §1316-C. Liability; recovery by State Each responsible party is jointly and severally liable for all costs incurred by the State, including court costs and attorney's fees, for the abatement, cleanup or mitigation of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury to, destruction of, loss of or loss of use of natural resources of the State resulting from the uncontrolled tire stockpile, including the reasonable costs of assessing natural resources damages. The commissioner shall demand prompt reimbursement of all costs incurred under sections 1316-A and 1316-B. If payment is not received by the State within 30 days of demand, the Attorney General may file suit in the Superior Court and may seek reimbursement of other costs and any other relief provided by law. Notwithstanding the time limits stated in this section, neither a demand nor other recovery efforts against one responsible party may relieve any other responsible party of liability.   [PL 2007, c. 655, §11 (AMD).]The commissioner may not demand from responsible parties that are municipalities reimbursement of more than 10% of all costs incurred by the State under sections 1316-A and 1316-B.   [PL 1991, c. 517, Pt. A, §2 (NEW).]In any suit filed under this section, the State need not prove negligence in any form or matter by a defendant. The State need only prove that a defendant is a responsible party and the site poses or posed or potentially poses or posed a threat or hazard to the health, safety or welfare of any citizen of the State or the environment of the State, to which the acts or omissions of the defendant are or were causally related. Punitive damages may be awarded by the court upon a finding that a responsible party acted in willful violation of law, rule or order in creating, increasing or maintaining an uncontrolled tire stockpile.   [PL 1991, c. 517, Pt. A, §2 (NEW).]Funds recovered under this section must be deposited into the Tire Management Fund.   [PL 1995, c. 465, Pt. A, §23 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]SECTION HISTORY PL 1991, c. 517, §A2 (NEW). PL 1995, c. 465, §A23 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2007, c. 655, §11 (AMD).
38 ME Rev Stat § 1316-D (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-A: TIRE STOCKPILE ABATEMENT|38 §1316-D. Immunity

 §1316-D. Immunity Notwithstanding Title 14, chapter 741, the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person to receive workers' compensation or other applicable benefits.   [PL 1991, c. 517, Pt. A, §2 (NEW).]SECTION HISTORY PL 1991, c. 517, §A2 (NEW).
38 ME Rev Stat § 1316-F (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-A: TIRE STOCKPILE ABATEMENT|38 §1316-F. Tire Management Fund

 §1316-F. Tire Management Fund The Tire Management Fund is created within the department as a nonlapsing dedicated fund to pay the costs of tire stockpile abatement, remediation and cleanup. All funds appropriated or allocated to the fund must be deposited in the fund and the fund may accept grants, bequests, gifts or contributions from any person, corporation or governmental entity. The fund must be used for the purposes set forth in section 1316-B. Permissible uses include providing financial incentives to tire processors to make the processing of tires economically feasible. The department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters by March 1, 1996 on how the funds have been spent.   [PL 1995, c. 465, Pt. A, §24 (NEW); PL 1995, c. 465, Pt. C, §2 (AFF).]SECTION HISTORY PL 1995, c. 465, §A24 (NEW). PL 1995, c. 465, §C2 (AFF).
38 ME Rev Stat § 1316-L (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-B: MANAGEMENT OF MOTOR VEHICLE TIRES|38 §1316-L. Management of motor vehicle tires

 §1316-L. Management of motor vehicle tires 1.  Disposal, storage and processing.  A person may not dispose of, store or process, or cause to be disposed of, stored or processed, used motor vehicle tires at a site or facility in this State that:   A. Is an uncontrolled tire stockpile that is the subject of an administrative order of the commissioner pursuant to section 1316-A; or   [PL 1995, c. 579, §5 (NEW).]B. Is unlicensed, unless the facility is exempt from licensing or otherwise authorized under state law to dispose of, store or process such tires.   [PL 1995, c. 579, §5 (NEW).][PL 1995, c. 579, §5 (NEW).] 2.  Transfer to tire transporter.  A person may not transfer custody or possession of scrap tires to any transporter if that person knows or has reason to believe the transporter:   A. Does not have a license or permit to transport scrap tires as required by department rules;   [PL 1995, c. 579, §5 (NEW).]B. Does not have a manifest documenting the transport of such tires as required by department rules; or   [PL 1995, c. 579, §5 (NEW).]C. Will transport or handle the scrap tires in violation of this subchapter or of subchapter II-A or rules adopted pursuant to section 1304.   [PL 1995, c. 579, §5 (NEW).][PL 1995, c. 579, §5 (NEW).] The department shall maintain current lists of uncontrolled tire stockpiles, licensed and authorized tire storage, disposal or processing facilities and transporters licensed or authorized to transport scrap tires.   [PL 1995, c. 579, §5 (NEW).]SECTION HISTORY PL 1995, c. 579, §5 (NEW).
38 ME Rev Stat § 1316-O (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-C: DANGEROUS OR UNSAFE MATERIAL CONTROL|38 §1316-O. Definitions

 §1316-O. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2005, c. 406, §1 (NEW).]1.  Dangerous or unsafe material.  "Dangerous or unsafe material" means any substance or material that is capable of or likely to cause injury, including, but not limited to:   A. Pressure tanks such as propane tanks;   [PL 2005, c. 406, §1 (NEW).]B. Flammable liquids or solids; and   [PL 2005, c. 406, §1 (NEW).]C. Explosive materials such as dynamite or fireworks.   [PL 2005, c. 406, §1 (NEW).][PL 2005, c. 406, §1 (NEW).] SECTION HISTORY PL 2005, c. 406, §1 (NEW).
38 ME Rev Stat § 1316-P (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 2-C: DANGEROUS OR UNSAFE MATERIAL CONTROL|38 §1316-P. Prohibition; penalties

 §1316-P. Prohibition; penalties A person commits a civil violation for which a fine of not more than $500 may be assessed if, with respect to any dangerous or unsafe material that the person knows is dangerous or unsafe, that person knowingly:   [PL 2005, c. 406, §1 (NEW).]1.  Conceals.  Conceals that material by placing it inside other waste material or covering it with other waste material; and   [PL 2005, c. 406, §1 (NEW).] 2.  Disposes at solid waste facility.  Disposes or causes another to dispose of such material in a solid waste facility.   [PL 2005, c. 406, §1 (NEW).] SECTION HISTORY PL 2005, c. 406, §1 (NEW).
38 ME Rev Stat § 1317 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1317. Definitions

 §1317. Definitions As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1979, c. 730, §2 (NEW).]1.  Discharge.  "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping onto the land or into the water or ambient air.   [PL 1979, c. 730, §2 (NEW).] 2.  Hazardous matter.  "Hazardous matter" means substances identified by the board under section 1319 that present a present or potential danger to the people of the State or to its natural environment when deposited on land or discharged on or into waters of the State or ambient air.   [PL 1979, c. 730, §2 (NEW).] 3.  Remove or removal.  "Remove" or "removal" means the mitigation of the danger created by hazardous matter by either:   A. Treatment or cleanup of a discharge of hazardous matter; or   [PL 1979, c. 730, §2 (NEW).]B. Any action necessary to prevent or minimize danger from a discharge or threatened discharge.   [PL 1979, c. 730, §2 (NEW).][PL 1979, c. 730, §2 (NEW).] 4.  Responsible party.  "Responsible party" means the person having care, custody, possession or control of hazardous matter.   [PL 1979, c. 730, §2 (NEW).] SECTION HISTORY PL 1979, c. 730, §2 (NEW).
38 ME Rev Stat § 1317-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1317-A. Discharge prohibited

 §1317-A. Discharge prohibited The discharge of hazardous matter into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air is prohibited unless licensed or authorized under state or federal law. For purposes of this section, the discharge of gaseous hazardous matter into the ambient air includes discharges within buildings or structures from sources that are not encapsulated within secondary containment. The discharge must be reported and removed as provided under section 1318-B, subsections 1 and 3.   [PL 2005, c. 330, §32 (AMD).]SECTION HISTORY PL 1979, c. 730, §2 (NEW). PL 1991, c. 499, §22 (AMD). PL 2005, c. 330, §32 (AMD).
38 ME Rev Stat § 1318 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1318. Mitigation of penalties

 §1318. Mitigation of penalties 1.  Reporting.  The immediate reporting of a discharge or threatened discharge by the responsible party or by the person causing the discharge may be considered in mitigation of any criminal or civil penalties assessed under this subchapter.   [PL 1979, c. 730, §2 (NEW).] 2.  Removal.  If the responsible party or person causing the discharge immediately reports and removes the discharge in accordance with this subchapter, a plan submitted under section 1318-C and the rules and orders of the board or commissioner, the party or person is not subject to criminal or civil penalties under this subchapter.   [PL 1991, c. 208, §1 (AMD).] SECTION HISTORY PL 1979, c. 730, §2 (NEW). PL 1989, c. 890, §§A40,B253 (AMD). PL 1991, c. 208, §1 (AMD).
38 ME Rev Stat § 1318-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1318-A. Recovery by State, counties and municipalities for expenditures for removal of discharges

 §1318-A. Recovery by State, counties and municipalities for expenditures for removal of discharges 1.  Responsible party.  The responsible party or the person causing the discharge is liable for all acts and omissions of its servants and agents that are committed within the course and scope of their employment.   [PL 2005, c. 100, §1 (AMD).] 2.  State, counties and municipalities to recover for expenditures for removal.  Any person who permits, causes or is responsible for a prohibited discharge shall reimburse the State, counties and municipalities for all costs incurred, including personnel costs, in removing the discharge, including costs for ensuring public safety. Funds recovered under this section must be deposited to the account from which they were expended. Requests from the State for reimbursement, 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 pursuant to Title 5, section 191, or, for county or municipal cost, to the District Attorney for collection.   [PL 2005, c. 100, §1 (AMD).] In any suit to enforce claims of the State, a county or a municipality under this section, it is not necessary for the State, county or municipality to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge. The State, county or municipality need only plead and prove the fact of the prohibited discharge and that the discharge occurred while the hazardous matter was in the custody or control of the person causing, permitting or responsible for the discharge.   [PL 2005, c. 100, §1 (AMD).]At the request of one or more municipalities, a county may bring legal action for recovery under this section on behalf of the municipality or municipalities. If the county is successful in the action, the county is entitled to recover the cost of the action and reasonable attorney's fees.   [PL 2005, c. 100, §1 (NEW).]SECTION HISTORY PL 1979, c. 730, §2 (NEW). PL 1989, c. 317, §1 (AMD). PL 1991, c. 817, §33 (AMD). PL 2005, c. 100, §1 (AMD).
38 ME Rev Stat § 1318-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1318-C. Spill prevention control and clean-up plan

 §1318-C. Spill prevention control and clean-up plan A responsible party may develop and submit to the commissioner spill prevention, control and clean-up plans referred to in this section as "the plan" to address discharges of hazardous matter.   [PL 1991, c. 208, §3 (NEW).]1.  Plan content.  Spill prevention control and clean-up plans must include at a minimum the following information:   A. The hazardous matter and substances covered including the reportable quantity for each hazardous matter and mixture measured in pounds if a solid and in pounds and gallons if a liquid;   [PL 1993, c. 355, §53 (AMD).]B. Any containment and diversionary structures or equipment where appropriate;   [PL 1991, c. 208, §3 (NEW).]C. Inspection, maintenance and testing procedures for storage and containment areas;   [PL 1991, c. 208, §3 (NEW).]D. A list of emergency response equipment and locations and a description of the capabilities of the equipment;   [PL 1991, c. 208, §3 (NEW).]E. A description of employee training programs;   [PL 1991, c. 208, §3 (NEW).]F. A description of areas in need of protection and method of protection;   [PL 1991, c. 208, §3 (NEW).]G. A description of discharge detection devices and emergency warning systems;   [PL 1991, c. 208, §3 (NEW).]H. A list of on-site emergency coordinators and the qualifications of on-site trained employee responders;   [PL 1991, c. 208, §3 (NEW).]I. A description of evacuation procedures and assembly points;   [PL 1991, c. 208, §3 (NEW).]J. Notification procedures for federal, state and local officials;   [PL 1991, c. 208, §3 (NEW).]K. Procedures for supplying written reports to the department;   [PL 1991, c. 208, §3 (NEW).]L. General response and clean-up protocols by substance or substance class;   [PL 1991, c. 208, §3 (NEW).]M. Specific on-site containment, treatment or removal plans;   [PL 1991, c. 208, §3 (NEW).]N. A description of the record-keeping process for responses involving the implementation of this plan;   [PL 1991, c. 208, §3 (NEW).]O. A description and copies of mutual aid agreements and any agreements with clean-up contractors; and   [PL 1991, c. 208, §3 (NEW).]P. A promulgation statement and date of plan adoption.   [PL 1991, c. 208, §3 (NEW).][PL 1993, c. 355, §53 (AMD).] 2.  Submission.  The plan and all amendments to the plan must be submitted to the commissioner upon adoption or amendment.   [PL 1991, c. 208, §3 (NEW).] 3.  Amendments.  The plan must be amended as necessary to reflect current conditions at the facility or as determined appropriate by the facility or state agencies.   [PL 1991, c. 208, §3 (NEW).] SECTION HISTORY PL 1991, c. 208, §3 (NEW). PL 1993, c. 355, §53 (AMD).
38 ME Rev Stat § 1319 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1319. Powers of the board

 §1319. Powers of the board 1.  Identification of hazardous matter.     A. Any substance designated as hazardous by the United States Environmental Protection Agency in proposed or final regulations under the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 United States Code, Section 9602, and any substance identified as hazardous waste under section 1319‑O may be identified by rule as hazardous matter by the board.   [RR 2021, c. 1, Pt. A, §51 (COR).]B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board.   [PL 1979, c. 730, §2 (NEW).]C. Rules adopted under paragraph B shall be submitted to the Joint Standing Committee on Energy and Natural Resources for review. These rules shall become effective after the next regular session of the Legislature only if approved by Joint Resolution.   [PL 1979, c. 730, §2 (NEW).][RR 2021, c. 1, Pt. A, §51 (COR).] 2.  Rules.  The board shall have authority to adopt rules in order to:   A. Prescribe procedures for reporting discharges prohibited by this subchapter;   [PL 1979, c. 730, §2 (NEW).]B. Prescribe procedures, methods, means and equipment to be used in the removal of discharges of hazardous matter; and   [PL 1979, c. 730, §2 (NEW).]C. Exempt types or methods of discharges of hazardous matter from the requirements of this subchapter that the board determines do not present danger, imminent, present or delayed, to the people of the State or to its natural environment.   [PL 1999, c. 334, §13 (AMD).][PL 1999, c. 334, §13 (AMD).] SECTION HISTORY PL 1979, c. 730, §2 (NEW). PL 1997, c. 364, §40 (AMD). PL 1999, c. 334, §13 (AMD). RR 2021, c. 1, Pt. A, §51 (COR).
38 ME Rev Stat § 1319-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 3: HAZARDOUS MATTER CONTROL|38 §1319-A. Duties of the commissioner

 §1319-A. Duties of the commissioner 1.  Facilities.  The commissioner may undertake studies and evaluations necessary to develop suitable waste facilities.   [PL 1979, c. 730, §2 (NEW).] 2.  Training.  The commissioner may train state and local personnel to remove discharges of hazardous matter. Insofar as practical, the commissioner shall rely on existing sources to deliver this training.   [PL 1979, c. 730, §2 (NEW).] SECTION HISTORY PL 1979, c. 730, §2 (NEW).
38 ME Rev Stat § 1319-B (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-B. Findings and purpose

 §1319-B. Findings and purpose The Legislature finds that the proper handling of hazardous waste and protection of the natural environment are important to the public health, safety and welfare. The Legislature also finds that spills and unlicensed discharges of hazardous waste may cause damage to owners and users of property, public and private recreational activities, the natural environment and the general health and safety of citizens of the State.   [PL 1981, c. 478, §7 (NEW).]The Legislature further finds that it is in the public interest of the State and its citizens to provide the capability for prompt and effective response to spills and unlicensed discharges of hazardous waste and that this state's interest overweighs the economic burdens and any burden of strict liability imposed by this subchapter upon those engaged in generating, transporting and handling hazardous waste.   [PL 1981, c. 478, §7 (NEW).]The Legislature further finds that substantial quantities of waste oil are contaminated by hazardous waste and that waste oil, if not properly handled, is a threat to the public health, safety and welfare and to the environment and therefore must be controlled.   [PL 1983, c. 342, §5 (NEW).]SECTION HISTORY PL 1981, c. 478, §7 (NEW). PL 1983, c. 342, §5 (AMD).
38 ME Rev Stat § 1319-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-C. Definitions

 §1319-C. Definitions As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1981, c. 478, §7 (NEW).]1.  Discharge.  "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of hazardous waste onto the land or into the water or ambient air.   [PL 1981, c. 478, §7 (NEW).] 2.  Remove or removal.   [PL 1985, c. 162, §10 (RP).] 3.  Responsible party.  "Responsible party" means any person who could be held liable under section 1319-J.   [PL 2009, c. 501, §15 (NEW).] SECTION HISTORY PL 1981, c. 478, §7 (NEW). PL 1985, c. 162, §10 (AMD). PL 2009, c. 501, §15 (AMD).
38 ME Rev Stat § 1319-D (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 13: WASTE MANAGEMENT|Subchapter 4: MAINE HAZARDOUS WASTE FUND|38 §1319-D. Maine Hazardous Waste Fund

 §1319-D. Maine Hazardous Waste Fund The Maine Hazardous Waste Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the department's responsibilities under this subchapter and subchapter III. All fees, penalties, interest and other charges under this subchapter must be credited to this fund. This fund must be charged with the expenses of the department related to this subchapter and subchapter III, including costs of removal or abatement of discharges and costs of the inspection or supervision of hazardous waste activities and hazardous waste handlers.   [PL 2001, c. 212, §6 (AMD).]Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities for hazardous waste management shall be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by statute. Interest received on that investment shall be credited to the fund.   [PL 1981, c. 478, §7 (NEW).]The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 1319-E, subsection 1, paragraphs C and E for each biennium. The budget must be submitted as part of the unified current services budget legislation in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures therefrom as approved by the commissioner. Expenditures pursuant to section 1319-E, subsection 1, paragraphs A and D may be made as authorized by the State Controller following approval by the commissioner.   [PL 1997, c. 424, Pt. B, §10 (AMD).]SECTION HISTORY PL 1981, c. 478, §7 (NEW). PL 1985, c. 162, §11 (AMD). PL 1987, c. 750, §4 (AMD). PL 1989, c. 546, §14 (AMD). PL 1989, c. 890, §§A40,B256 (AMD). PL 1997, c. 424, §B10 (AMD). PL 2001, c. 212, §6 (AMD).