reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 3003 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3003. Nature of rights

 §3003. Nature of rights 1.  Holder.  Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When the department is the agency determining or approving the environmental response project pursuant to which an environmental covenant is created, the department shall identify all holders of the environmental covenant and may identify the department as a holder, notwithstanding any other provision of law. Notwithstanding section 568, subsection 5-A and section 1364, subsection 7 or any other provision of law, the department may be a holder of an environmental covenant and approval of the board is not required.   [PL 2005, c. 370, §1 (NEW).] 2.  Right of agency.  A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.   [PL 2005, c. 370, §1 (NEW).] 3.  Obligations.  An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as provided in the covenant.   [PL 2005, c. 370, §1 (NEW).] 4.  Priority of recorded interests.  The priority of recorded interests is governed by other law, including law relating to the police powers of the State and public policies protecting health and the environment, and is unaffected by this Act, except as provided in section 3009, subsection 3 for tax liens.   [PL 2005, c. 370, §1 (NEW).] 5.  Signature on record.  If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing boards of the owners' association.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3004 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3004. Contents of environmental covenant

 §3004. Contents of environmental covenant 1.  Required contents.  An environmental covenant must:   A. State that the instrument is an environmental covenant executed pursuant to this chapter;   [PL 2005, c. 370, §1 (NEW).]B. Contain a legally sufficient description of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]C. Describe the activity and use limitations on the real property;   [PL 2005, c. 370, §1 (NEW).]D. Identify every holder;   [PL 2005, c. 370, §1 (NEW).]E. Be signed by the agency, every holder and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant, except that the agency may not waive signature by an owner of the fee simple who is the current occupant of the real estate, if any; and   [PL 2005, c. 370, §1 (NEW).]F. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 2.  Permissible contents.  In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons that signed it, including:   A. Any requirements for notice following transfer of a specified interest in the property subject to the covenant, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting any contamination on the property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]B. Any requirements for periodic reporting describing compliance with the covenant;   [PL 2005, c. 370, §1 (NEW).]C. Any rights of access to the property granted in connection with implementation or enforcement of the covenant;   [PL 2005, c. 370, §1 (NEW).]D. A brief narrative description of any contamination and its remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination;   [PL 2005, c. 370, §1 (NEW).]E. Any limitation on amendment or termination of the covenant in addition to those contained in sections 3009 and 3010; and   [PL 2005, c. 370, §1 (NEW).]F. Any rights of the holder in addition to the holder's right to enforce the covenant pursuant to section 3011.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 3.  Additional signatories.  In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3005 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3005. Validity; effect on other instruments

 §3005. Validity; effect on other instruments 1.  Runs with land.  An environmental covenant that complies with this chapter runs with the land.   [PL 2005, c. 370, §1 (NEW).] 2.  Valid and enforceable.  An environmental covenant that is otherwise effective is valid and enforceable even if:   A. It is not appurtenant to an interest in real property;   [PL 2005, c. 370, §1 (NEW).]B. It can be or has been assigned to a person other than the original holder;   [PL 2005, c. 370, §1 (NEW).]C. It is not of a character that has been recognized traditionally at common law;   [PL 2005, c. 370, §1 (NEW).]D. It imposes a negative burden;   [PL 2005, c. 370, §1 (NEW).]E. It imposes an affirmative obligation on a person having an interest in the real property or on the holder;   [PL 2005, c. 370, §1 (NEW).]F. The benefit or burden does not touch or concern real property;   [PL 2005, c. 370, §1 (NEW).]G. There is no privity of estate or contract;   [PL 2005, c. 370, §1 (NEW).]H. The holder dies, ceases to exist, resigns or is replaced; or   [PL 2005, c. 370, §1 (NEW).]I. The owner of an interest subject to the environmental covenant and the holder are the same person.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 3.  Instrument recorded prior to effective date of chapter.  An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument.   [PL 2005, c. 370, §1 (NEW).] 4.  Not invalidate or render unenforceable.  This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343-E.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3006 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3006. Relationship to other land-use law

 §3006. Relationship to other land-use law This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.   [PL 2005, c. 370, §1 (NEW).]SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3007 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3007. Notice

 §3007. Notice 1.  Provision of copy.  A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to:   A. Each person who signed the covenant;   [PL 2005, c. 370, §1 (NEW).]B. Each person holding a recorded interest in the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]C. Each person in possession of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]D. Each municipality or other unit of local government in which real property subject to the covenant is located; and   [PL 2005, c. 370, §1 (NEW).]E. Any other person the agency requires.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 2.  Effect of failure to provide copy.  The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3008 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3008. Recording

 §3008. Recording 1.  Recording required.  An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee.   [PL 2005, c. 370, §1 (NEW).] 2.  Subject to laws governing recording priority.  Except as otherwise provided in section 3009, subsection 3, an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3009 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3009. Duration; amendment by court action

 §3009. Duration; amendment by court action 1.  Perpetual duration.  An environmental covenant is perpetual unless it is:   A. By its terms limited to a specific duration or terminated by the occurrence of a specific event;   [PL 2005, c. 370, §1 (NEW).]B. Terminated by consent pursuant to section 3010;   [PL 2005, c. 370, §1 (NEW).]C. Terminated pursuant to subsection 2;   [PL 2005, c. 370, §1 (NEW).]D. Terminated by operation of other laws of this State governing priority of interests; or   [PL 2005, c. 370, §1 (NEW).]E. Terminated or modified in an eminent domain proceeding, but only if:   (1) The agency that signed the covenant is a party to the proceeding;   (2) All persons identified in section 3010, subsections 1 and 2 are given notice of the pendency of the proceeding; and   (3) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 2.  Intended benefits can no longer be realized.  If the agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in section 3010, subsections 1 and 2 have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.   [PL 2005, c. 370, §1 (NEW).] 3.  Extinguished, limited or impaired.  Except as otherwise provided in subsections 1 and 2, an environmental covenant may not be extinguished, limited or impaired through issuance of a tax deed or foreclosure of a tax lien or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement or acquiescence or a similar doctrine.   [PL 2005, c. 370, §1 (NEW).] 4.  Laws governing marketable title and dormant mineral interests.  An environmental covenant may not be extinguished, limited or impaired by application of laws governing marketable title and dormant mineral interests.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3010 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3010. Amendment or termination by consent

 §3010. Amendment or termination by consent 1.  Amendment or termination.  An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:   A. The agency;   [PL 2005, c. 370, §1 (NEW).]B. Unless waived by the agency, the current owner of the fee simple of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]C. Each person that originally signed the covenant, unless the person waived in a signed record the right to consent or a court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and   [PL 2005, c. 370, §1 (NEW).]D. The holder, unless the holder waived in a signed record the right to consent or except as otherwise provided in subsection 4, paragraph B.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 2.  Effect of amendment of covenant.  If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.   [PL 2005, c. 370, §1 (NEW).] 3.  Assignment to new holder.  Except for an assignment undertaken pursuant to a governmental reorganization, assignment of an environmental covenant to a new holder is an amendment.   [PL 2005, c. 370, §1 (NEW).] 4.  Assignment by holder; removal and replacement of holder.  Except as otherwise provided in an environmental covenant:   A. A holder may not assign its interest without consent of the other parties; and   [PL 2005, c. 370, §1 (NEW).]B. A holder may be removed and replaced by agreement of the other parties specified in subsection 1.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 5.  Vacancy filled by court.  A court of competent jurisdiction may fill a vacancy in the position of holder.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3011 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3011. Enforcement of environmental covenant

 §3011. Enforcement of environmental covenant 1.  Civil action.  A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:   A. A party to the covenant unless the agency determines otherwise for good cause at the time the environmental covenant is created, but in that event the party has no liability for any violation of the covenant by others;   [PL 2005, c. 370, §1 (NEW).]B. The agency or, if it is not the agency, the department;   [PL 2005, c. 370, §1 (NEW).]C. Any person to whom the covenant expressly grants power to enforce;   [PL 2005, c. 370, §1 (NEW).]D. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; or   [PL 2005, c. 370, §1 (NEW).]E. A municipality or other unit of local government in which the real property subject to the covenant is located.   [PL 2005, c. 370, §1 (NEW).][PL 2005, c. 370, §1 (NEW).] 2.  Effect or regulatory authority.  This chapter does not limit the regulatory authority of the agency or the department under any law other than this chapter with respect to an environmental response project.   [PL 2005, c. 370, §1 (NEW).] 3.  Liability for environmental remediation.  A person is not responsible for or subject to liability for environmental remediation solely because the person has the right to enforce an environmental covenant.   [PL 2005, c. 370, §1 (NEW).] SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3012 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3012. Uniformity of application and construction

 §3012. Uniformity of application and construction In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2005, c. 370, §1 (NEW).]SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3013 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT|38 §3013. Relation to federal Electronic Signatures in Global and National Commerce Act

 §3013. Relation to federal Electronic Signatures in Global and National Commerce Act This chapter modifies, limits or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq. but does not modify, limit or supersede Section 101 of that Act, 15 United States Code, Section 7001(a) or authorize electronic delivery of any of the notices described in Section 103 of that Act, 15 United States Code, Section 7003(b).   [PL 2005, c. 370, §1 (NEW).]SECTION HISTORY PL 2005, c. 370, §1 (NEW).
38 ME Rev Stat § 3101 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3101. Purpose

 §3101. Purpose 1.  Legislative findings.  The Legislature finds that beverage containers are a major source of nondegradable litter and solid waste in this State and that the collection and disposal of this litter and solid waste constitute a great financial burden for the citizens of this State.   [PL 2015, c. 166, §14 (NEW).] 2.  Intent.  It is the intent of the Legislature to create incentives for the manufacturers, distributors, dealers and consumers of beverage containers to reuse or recycle beverage containers thereby removing the blight on the landscape caused by the disposal of these containers on the highways and lands of the State and reducing the increasing costs of litter collection and municipal solid waste disposal.   [PL 2015, c. 166, §14 (NEW).] SECTION HISTORY PL 2015, c. 166, §14 (NEW).
38 ME Rev Stat § 3103 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3103. Refund value

 §3103. Refund value To encourage container reuse and recycling, every beverage container sold or offered for sale to a consumer in this State must have a deposit and refund value. The deposit and refund value are determined according to the provisions of this section.   [PL 2015, c. 166, §14 (NEW).]1.  Refillable containers.  For refillable beverage containers, except wine and spirits containers, the manufacturer shall determine the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢.   [PL 2015, c. 166, §14 (NEW).] 2.  Nonrefillable containers; exclusive distributorships.  For nonrefillable beverage containers, except wine and spirits containers, sold through geographically exclusive distributorships, the distributor shall determine and initiate the deposit and refund value according to the type, kind and size of the beverage container. The deposit and refund value may not be less than 5¢.   [PL 2015, c. 166, §14 (NEW).] 3.  Nonrefillable containers; nonexclusive distributorships.  For nonrefillable beverage containers, except wine and spirits containers, not sold through geographically exclusive distributorships, the deposit and refund value may not be less than 5¢.   [PL 2015, c. 166, §14 (NEW).] 4.  Wine and spirits containers.  For wine and spirits containers of 50 milliliters or less, the refund value may not be more than 5¢. For wine and spirits containers of greater than 50 milliliters, the refund value may not be less than 15¢.   [PL 2017, c. 140, §1 (AMD); PL 2017, c. 140, §3 (AFF).] SECTION HISTORY PL 2015, c. 166, §14 (NEW). PL 2017, c. 140, §1 (AMD). PL 2017, c. 140, §3 (AFF).
38 ME Rev Stat § 3104 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3104. Dealer as distributor

 §3104. Dealer as distributor Whenever a dealer or group of dealers receives a shipment or consignment of, or in any other manner acquires, beverage containers outside the State for sale to consumers in the State, the dealer or dealers shall comply with this chapter as if they were distributors, as well as dealers.   [PL 2015, c. 166, §14 (NEW).]SECTION HISTORY PL 2015, c. 166, §14 (NEW).
38 ME Rev Stat § 3110 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3110. Prohibition on certain types of containers and holders

 §3110. Prohibition on certain types of containers and holders A beverage may not be sold or offered for sale to consumers in this State:   [PL 2015, c. 166, §14 (NEW).]1.  Flip tops.  In a metal container designed or constructed so that part of the container is detachable for the purpose of opening the container without the aid of a separate can opener, except that nothing in this subsection prohibits the sale of a container, the only detachable part of which is a piece of adhesive-backed tape; and   [PL 2015, c. 166, §14 (NEW).] 2.  Plastic cans.  In a container composed of one or more plastics if the basic structure of the container, exclusive of the closure device, also includes aluminum or steel.   [PL 2015, c. 166, §14 (NEW).] SECTION HISTORY PL 2015, c. 166, §14 (NEW).
38 ME Rev Stat § 3111 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3111. Penalties

 §3111. Penalties 1.  Civil violation.  A violation of this chapter by any person is a civil violation for which a fine of not more than $100 may be adjudged.   [PL 2015, c. 166, §14 (NEW).] 2.  Separate violations.  Each day that a violation under subsection 1 continues or exists constitutes a separate offense.   [PL 2015, c. 166, §14 (NEW).] 3.  Container pickup.  Notwithstanding subsection 1, a person who knowingly violates a provision of section 3106, subsection 8 commits a civil violation for which a fine of $1,000 may be adjudged.   [PL 2015, c. 166, §14 (NEW).] SECTION HISTORY PL 2015, c. 166, §14 (NEW).
38 ME Rev Stat § 3112 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 33: MANUFACTURERS, DISTRIBUTORS AND DEALERS OF BEVERAGE CONTAINERS|38 §3112. Exception for beverage containers used on international flights

 §3112. Exception for beverage containers used on international flights This chapter does not apply to any beverage container sold to an airline and containing a beverage intended for consumption on an aircraft flight in interstate or foreign commerce.   [PL 2015, c. 166, §14 (NEW).]SECTION HISTORY PL 2015, c. 166, §14 (NEW).