reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-A: SEPTIC TANK AND CESSPOOL WASTE AND OTHER WASTE MATERIALS (REPEALED) › 38 §1320. Septic tank and cesspool waste and other waste materials (REPEALED)

§1320. Septic tank and cesspool waste and other waste materials
(REPEALED)
SECTION HISTORY
PL 1977, c. 353, §3 (NEW). PL 1979, c. 383, §12 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-A: SEPTIC TANK AND CESSPOOL WASTE AND OTHER WASTE MATERIALS (REPEALED) › 38 §1321. Disposal of certain materials prohibited (REPEALED)

§1321. Disposal of certain materials prohibited
(REPEALED)
SECTION HISTORY
PL 1977, c. 353, §3 (NEW). PL 1979, c. 383, §12 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-A: SEPTIC TANK AND CESSPOOL WASTE AND OTHER WASTE MATERIALS (REPEALED) › 38 §1322. Emergency (REPEALED)

§1322. Emergency
(REPEALED)
SECTION HISTORY
PL 1977, c. 353, §3 (NEW). PL 1979, c. 383, §12 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1361. Findings and purpose

§1361. Findings and purpose
The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners and users of property near or adjacent to uncontrolled sites.   [PL 1983, c. 569, §1 (NEW).]
The Legislature further finds that adequate measures must be taken to ensure that the threats posed by uncontrolled hazardous substance sites are abated, cleaned up or mitigated promptly.   [PL 1983, c. 569, §1 (NEW).]
The Legislature further finds that it is in the public interest of the State and its citizens to provide the capacity for prompt and effective planning and implementation of plans to abate, clean up or mitigate threats posed or potentially posed by uncontrolled sites. This paramount state interest outweighs any burden, economic or otherwise, imposed by this chapter.   [PL 1983, c. 569, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1363. Prohibited acts

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter.   [PL 1983, c. 569, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1366. Abatement, clean up and mitigation costs

§1366. Abatement, clean up and mitigation costs
Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]
In the case of a site at which federal resources may be or are being used, proceeds from the sale of bonds for the evaluation and investigation of sites and for implementation of plans to abate, clean up or mitigate hazards or threats posed or potentially posed by an uncontrolled site may be used:   [PL 1983, c. 569, §1 (NEW).]
1.  Privately owned sites.
In the case of a site that was privately owned at the time of disposal of any hazardous substances, for the state's share of remedial action costs; and
[PL 1983, c. 569, §1 (NEW).]
2.  Sites owned by state or political subdivision.
In the case of a site which was owned at the time of disposal of any hazardous substances by the state or a political subdivision thereof, for the state's share of response costs.
[PL 1983, c. 569, §1 (NEW).]
In the case of a site where federal resources are not used, the commissioner shall notify the Governor in writing. The Governor may authorize the commissioner to proceed under this chapter without those resources. In the event the State proceeds at its own expense with work eligible for federal funding, the commissioner shall present the United States Environmental Protection Agency with a demand for reimbursement.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW). PL 1987, c. 192, §30 (AMD). PL 1989, c. 890, §§A40,B269 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1367-A. Limited exemption from liability for financial institutions and federal and state banking or lending agencies (REPEALED)

§1367-A. Limited exemption from liability for financial institutions and federal and state banking or lending agencies
(REPEALED)
SECTION HISTORY
PL 1991, c. 811, §4 (NEW). PL 1991, c. 811, §7 (AFF). PL 1993, c. 732, §A11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1367-C. Limit on obligation to replace or treat water supply wells

§1367-C. Limit on obligation to replace or treat water supply wells
If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with a hazardous substance:   [PL 1993, c. 621, §8 (NEW).]
1.  Delineated contaminated area.
Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1; and
[PL 1995, c. 462, Pt. A, §79 (AMD).]
2.  Areas not delineated.
The obligation of the commissioner or any responsible party under this chapter with regard to replacement or treatment of the well is limited to reimbursement of the expense of installing the well and its proper abandonment if the well was installed in an area other than one described in subsection 1. The well owner is responsible in such a case for other expenses of replacing or treating the water supply well, including the cost of any pump or piping installed with the well.
[PL 1995, c. 462, Pt. A, §79 (AMD).]
For purposes of this section, "viable community public water system" has the same meaning as in section 548.   [PL 1993, c. 621, §8 (NEW).]
SECTION HISTORY
PL 1993, c. 621, §8 (NEW). PL 1995, c. 462, §A79 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1368. Emergency

§1368. Emergency
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor. The Governor may declare an emergency and, in addition to whatever action is necessary and available to the Governor under law, may authorize the Commissioner of Environmental Protection in conjunction with the Commissioner of Public Safety to:   [RR 2021, c. 2, Pt. B, §288 (COR).]
1.  Take control.
Take control of the uncontrolled site and threatened adjacent areas;
[PL 1983, c. 569, §1 (NEW).]
2.  Secure.
Secure the uncontrolled site;
[PL 1983, c. 569, §1 (NEW).]
3.  Eject.
Eject all persons from the uncontrolled site;
[PL 1983, c. 569, §1 (NEW).]
4.  Dispose, treat, store or handle.
Dispose, treat, store or otherwise handle all hazardous substances located on the uncontrolled site, including soil and water contaminated by hazardous substances; and
[PL 1983, c. 569, §1 (NEW).]
5.  Take action.
Take whatever other action is deemed necessary to abate, clean up or mitigate the threat or hazard posed by the uncontrolled site.
[PL 1983, c. 569, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW). RR 2021, c. 2, Pt. B, §288 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1369. Immunity

§1369. Immunity
Notwithstanding the provisions of Title 14, chapter 741, neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule adopted or directive issued in the implementation of this chapter, may be liable for the death of or injury to persons, or damage to property, as a result of that activity. This section does not affect the right of any person to receive benefits to which the person would otherwise be entitled under the workers' compensation law or any other pension law, nor the right of any person to receive benefits or compensation under any act of Congress.   [RR 2021, c. 2, Pt. B, §289 (COR).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW). RR 2021, c. 2, Pt. B, §289 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-B: UNCONTROLLED HAZARDOUS SUBSTANCE SITES › 38 §1370. Property forfeited

§1370. Property forfeited
The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319‑U and all property rights therein shall be in the State:   [PL 1987, c. 517, §30 (AMD).]
1.  Real estate.
All real estate, structures, appurtenances, improvements, equipment, machinery, containers, tanks, conveyances, products, materials and supplies used directly or intended to be used directly in violation of any provision of this chapter; and
[PL 1983, c. 569, §1 (NEW).]
2.  Moneys.
All moneys, negotiable instruments, securities or other things of value furnished or intended to be furnished by any person in any transaction, and all proceeds traceable to such a transaction, intended to be used directly in violation of any provision of this chapter.
[PL 1983, c. 569, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW). PL 1987, c. 517, §30 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1380. Foundation established; purpose (REPEALED)

§1380. Foundation established; purpose
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §127 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1381. Definitions (REPEALED)

§1381. Definitions
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §127 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1382. Board of trustees (REPEALED)

§1382. Board of trustees
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1991, c. 517, §B2 (AMD). PL 1995, c. 465, §A25 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1999, c. 668, §128 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1383. Powers and duties (REPEALED)

§1383. Powers and duties
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1384. Limitation of powers (REPEALED)

§1384. Limitation of powers
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1385. Prohibited interests of officers, directors and employees (REPEALED)

§1385. Prohibited interests of officers, directors and employees
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1386. Donations to the State (REPEALED)

§1386. Donations to the State
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1387. Annual report; audit (REPEALED)

§1387. Annual report; audit
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1388. Dissolution of foundation (REPEALED)

§1388. Dissolution of foundation
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1389. Funding (REPEALED)

§1389. Funding
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-C: SLUDGE AND RESIDUALS UTILIZATION RESEARCH › 38 §1390. Liability (REPEALED)

§1390. Liability
(REPEALED)
SECTION HISTORY
PL 1987, c. 799, §2 (NEW). PL 1999, c. 668, §129 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1391. Declaration of policy

§1391. Declaration of policy
The Legislature finds and declares it to be the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens, to establish a coordinated statewide program to protect drinking water wells from contamination by oil or hazardous waste. The Legislature further finds that spills of oil and hazardous waste pose a significant risk to groundwater quality and that the handling of those substances near drinking water wells should be restricted to reduce the risk of contamination.   [PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1392. Definitions

§1392. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2007, c. 569, §6 (NEW).]
1.  Aboveground heating oil supply tank.
"Aboveground heating oil supply tank" means an aboveground oil storage tank that is connected directly to an oil-burning heating appliance and is used solely to store heating oil.
[PL 2007, c. 569, §6 (NEW).]
2.  Aboveground oil storage facility.
"Aboveground oil storage facility" has the meaning set out in section 562‑A, subsection 1‑A.
[PL 2007, c. 569, §6 (NEW).]
3.  Aboveground oil storage tank.
"Aboveground oil storage tank" has the meaning set out in section 562‑A, subsection 1‑B.
[PL 2007, c. 569, §6 (NEW).]
4.  Community drinking water well.
"Community drinking water well" means a public drinking water well that supplies a community water system as defined under Title 22, section 2660‑B, subsection 2.
[PL 2007, c. 569, §6 (NEW).]
5.  Double-walled tank.
"Double-walled tank" means a tank with inner and outer walls separated by an interstitial space that allows detection and containment of leaks.
[PL 2007, c. 569, §6 (NEW).]
6.  Hazardous waste.
"Hazardous waste" means any substance identified as hazardous waste by the board pursuant to section 1319‑O.
[PL 2007, c. 569, §6 (NEW).]
7.  Oil.
"Oil" has the meaning set out in section 562‑A, subsection 15. "Oil" does not include liquefied natural gas or other liquefied petroleum that is a gas at ambient temperatures.
[PL 2007, c. 569, §6 (NEW).]
8.  Private drinking water well.
"Private drinking water well" means a well that is used to supply water for human consumption and that is not a public drinking water well.
[PL 2007, c. 569, §6 (NEW).]
9.  Public drinking water well.
"Public drinking water well" means a drinking water supply well for a public water system as defined in Title 22, section 2601, subsection 8.
[PL 2007, c. 569, §6 (NEW).]
10.  Underground oil storage facility.
"Underground oil storage facility" has the meaning set out in section 562‑A, subsection 21.
[PL 2007, c. 569, §6 (NEW).]
11.  Wellhead protection zone.
"Wellhead protection zone" means:
A. In the case of a private drinking water well, the area within 300 feet of the well; and   [PL 2007, c. 569, §6 (NEW).]
B. In the case of a public drinking water well, the greater of:
(1) The area within 1,000 feet of the well; and
(2) The source water protection area of the well if mapped by the Department of Health and Human Services as described under Title 30‑A, section 2001, subsection 20‑A.   [PL 2007, c. 569, §6 (NEW).]
[PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1393. Prohibition on installation of facilities in wellhead protection zones

§1393. Prohibition on installation of facilities in wellhead protection zones
1.  Prohibition.
Unless otherwise exempted pursuant to subsection 2:
A. A person may not install an underground oil storage facility in a wellhead protection zone; and   [PL 2007, c. 569, §6 (NEW).]
B. After September 30, 2008, a person may not install in a wellhead protection zone:
(1) An aboveground oil storage facility;
(2) An automobile graveyard as defined in Title 30‑A, section 3752, subsection 1 or an automobile recycling business as defined in Title 30‑A, section 3752, subsection 1‑A;
(3) An automobile body shop or other automobile maintenance and repair facility;
(4) A dry cleaning facility that uses perchloroethylene;
(5) A metal finishing or plating facility; or
(6) A commercial hazardous waste facility as defined under section 1303‑C, subsection 4.   [PL 2011, c. 206, §21 (AMD).]
[PL 2011, c. 206, §21 (AMD).]
2.  Exceptions.
Subsection 1 does not apply to:
A. A facility in existence on the effective date of the prohibition established under subsection 1;   [PL 2011, c. 206, §22 (AMD).]
B. The replacement or expansion of an underground oil storage facility in existence on September 30, 2001 or a facility identified in subsection 1, paragraph B in existence on September 30, 2008 as long as the replacement or expansion occurs on the same property, the facility meets all applicable requirements of law and, in the case of replacement, the facility owner:
(1) Within 30 days after removal of the existing facility, notifies the commissioner and municipal code enforcement officer in writing of the owner's intent to replace the facility; and
(2) Commences construction of the replacement facility within 2 years after removal of the existing facility;   [PL 2011, c. 206, §23 (AMD).]
C. The conversion of an aboveground oil storage facility in existence on September 30, 2001 to an underground oil storage facility or vice versa, as long as the conversion occurs on the same property and the facility to be converted meets all applicable requirements of law;   [PL 2007, c. 569, §6 (NEW).]
D. The installation of an oil storage facility used solely to store heating oil for consumption on the premises, including the installation of an aboveground heating oil supply tank; or   [PL 2007, c. 569, §6 (NEW).]
E. The installation of a facility located on the same property as a well serving only users of that property.   [PL 2007, c. 569, §6 (NEW).]
This subsection may not be interpreted to allow the conversion, replacement or expansion of an underground oil storage tank or underground oil storage facility subject to the abandonment requirement under section 566‑A.
[PL 2011, c. 206, §§22, 23 (AMD).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW). PL 2009, c. 501, §17 (AMD). PL 2011, c. 206, §§21-23 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1394. Variances

§1394. Variances
The provisions of this section govern the granting of a variance from the prohibitions under section 1393.   [PL 2007, c. 569, §6 (NEW).]
1.  Community drinking water well, private drinking water well or well that supplies school.
In the case of a community drinking water well, a private drinking water well or a well that supplies drinking water to a school, the commissioner may grant a variance from the prohibition of section 1393 if the applicant demonstrates that no hydrogeologic connection exists between the proposed facility and the water supply at issue.
[PL 2007, c. 569, §6 (NEW).]
2.  Public drinking water well that is not community drinking water well or does not supply school.
In the case of a public drinking water well other than a community drinking water well or a drinking water well supplying drinking water to a school, the commissioner may grant a variance from the prohibition of section 1393 if the commissioner determines that the engineering and monitoring measures proposed by the applicant exceed regulatory requirements and will effectively minimize the likelihood of drinking water contamination due to the discharge of oil or hazardous waste.
[PL 2007, c. 569, §6 (NEW).]
3.  Determination.
In considering whether to grant a variance under this section, the commissioner may consider the importance of the groundwater resource, the hydrogeology of the site and other relevant factors.
[PL 2007, c. 569, §6 (NEW).]
4.  Procedure.
The commissioner shall provide public notice and an opportunity for public comment on each variance request. The commissioner may deny a variance request or approve the request with or without conditions. The decision must be in writing with findings sufficient to explain the basis of the decision. The decision may be appealed to the board under section 341‑D, subsection 4, paragraph A.
[PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1395. Installation requirements for aboveground heating oil supply tanks in the wellhead protection zone of a community drinking water well

§1395. Installation requirements for aboveground heating oil supply tanks in the wellhead protection zone of a community drinking water well
Effective July 1, 2009, a person may not install an aboveground heating oil supply tank in the wellhead protection zone of a community drinking water well unless the tank:   [PL 2007, c. 569, §6 (NEW).]
1.  Double-walled or secondary containment.
Is a double-walled tank or has secondary containment approved by the commissioner;
[PL 2007, c. 569, §6 (NEW).]
2.  Independent testing authority.
And any secondary containment are listed and approved by a nationally recognized, independent testing authority; and
[PL 2007, c. 569, §6 (NEW).]
3.  Licensed professional.
Is installed by a journeyman or master oil and solid fuel burning technician licensed by the Maine Fuel Board under Title 32, section 18132 or 18133 or, in the case of an outside tank serving manufactured housing, by any person licensed by the Maine Fuel Board under Title 32, section 18140 to install such tanks.
[PL 2009, c. 344, Pt. D, §14 (AMD); PL 2009, c. 344, Pt. E, §2 (AFF).]
The requirements of this section do not apply to tanks with a capacity of more than 660 gallons or to tanks at an aboveground oil storage facility with an aggregate tank capacity of more than 1,320 gallons. The requirements of this section are in addition to any other installation standards provided for in law or rule.   [PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW). PL 2009, c. 344, Pt. D, §14 (AMD). PL 2009, c. 344, Pt. E, §2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1396. Financial assistance for upgrading aboveground oil storage tanks or facilities

§1396. Financial assistance for upgrading aboveground oil storage tanks or facilities
The commissioner may disburse money from the Maine Ground and Surface Waters Clean-up and Response Fund to retrofit, repair or replace aboveground oil storage tanks or aboveground oil storage facilities in a wellhead protection zone when the commissioner determines that action is necessary to abate an imminent threat to the well. Disbursements must be made in the manner provided under section 551, subsection 5, paragraphs N and O and are subject to the annual disbursement limitations of those paragraphs.   [PL 2015, c. 319, §40 (AMD).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW). PL 2015, c. 319, §40 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1397. Enforcement

§1397. Enforcement
In addition to other enforcement actions allowed under state law, the commissioner may issue an administrative order after providing a notice of violation for failure to comply with the requirements of this chapter and after providing a reasonable opportunity to correct the violation. The administrative order may include, but is not limited to, a requirement that the owner or operator of the facility cease operation of the facility that is the subject of the violation until the violation has been corrected.   [PL 2007, c. 569, §6 (NEW).]
1.  Service.
Service of the commissioner's administrative order under this section must be made by hand delivery by an authorized representative of the department or by certified mailing, return receipt requested.
[PL 2007, c. 569, §6 (NEW).]
2.  Appeal.
The person to whom the commissioner's administrative order under this section is directed shall comply immediately or within the time period specified in the order. That person may appeal the order to the board by filing a written petition within 5 working days after receipt of the order. Within 15 working days after receipt of the petition, the board shall hold a hearing on the matter. All witnesses at the hearing must be sworn. Within 7 working days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the administrative order. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7.
[PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1398. Eligibility for clean-up funds

§1398. Eligibility for clean-up funds
Clean-up costs and 3rd-party damages resulting from discharges from an aboveground oil storage facility or an underground oil storage facility installed in violation of section 1393 are not eligible for coverage by the Maine Ground and Surface Waters Clean-up and Response Fund under sections 551 and 568‑A.   [PL 2015, c. 319, §41 (AMD).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW). PL 2015, c. 319, §41 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1399. Municipal authority

§1399. Municipal authority
This chapter may not be construed to prevent a municipality from imposing siting restrictions more stringent than the prohibitions in this chapter or in rules adopted by the board.   [PL 2007, c. 569, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 569, §6 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 13-D: WELLHEAD PROTECTION › 38 §1400. Rules

§1400. Rules
Subject to Title 5, chapter 375, the department may adopt rules as it determines necessary to implement this chapter. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2011, c. 538, §14 (NEW).]
SECTION HISTORY
PL 2011, c. 538, §14 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14: LIABILITY OF PERSONS MITIGATING THE EFFECTS OF DISCHARGE OF HAZARDOUS MATERIALS › 38 §1401. Definitions

§1401. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 111 (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 1983, c. 432, §10 (RPR).]
2.  Hazardous material.
"Hazardous material" includes:
A. Hazardous waste, as defined in section 1303;   [PL 1983, c. 432, §11 (NEW).]
B. Hazardous matter, as defined in section 1317;   [PL 1983, c. 432, §11 (NEW).]
C. Hazardous material, as defined in Title 25, section 2102; and   [PL 1999, c. 57, Pt. B, §8 (AMD).]
D.   [PL 1999, c. 57, Pt. B, §9 (RP).]
E. Other substances identified as hazardous by any state or federal agency.   [PL 1983, c. 432, §11 (NEW).]
[PL 1999, c. 57, Pt. B, §§8, 9 (AMD).]
3.  Person.
"Person" includes any individual, partnership, corporation, association or other entity.
[PL 1983, c. 111 (NEW).]
SECTION HISTORY
PL 1983, c. 111 (NEW). PL 1983, c. 432, §§10,11 (AMD). PL 1999, c. 57, §§B8,9 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14: LIABILITY OF PERSONS MITIGATING THE EFFECTS OF DISCHARGE OF HAZARDOUS MATERIALS › 38 §1402. Immunity

§1402. Immunity
Notwithstanding any provision of law, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, or disposing of or in attempting to prevent, clean-up or dispose of any such discharge, may be subject to civil liabilities or penalties of any type.   [PL 1983, c. 111 (NEW).]
Revisor's Note: §1402. Definitions (As reallocated by PL 1983, c. 345, §2 is repealed by PL 1983, c. 500, §4)
SECTION HISTORY
PL 1983, c. 111 (NEW). PL 1983, c. 345, §2 (RAL). PL 1983, c. 500, §4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14: LIABILITY OF PERSONS MITIGATING THE EFFECTS OF DISCHARGE OF HAZARDOUS MATERIALS › 38 §1403. Exceptions

§1403. Exceptions
The immunities provided in section 1402 do not apply to any person:   [PL 1983, c. 111 (NEW).]
1.  Persons causing the discharge.
Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable therefore; or
[PL 1983, c. 111 (NEW).]
2.  Persons compensated for assistance.
Who receives compensation other than reimbursement for out-of-pocket expenses for its services in rendering the assistance or advice.
[PL 1983, c. 111 (NEW).]
SECTION HISTORY
PL 1983, c. 111 (NEW). PL 1983, c. 432, §12 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14: LIABILITY OF PERSONS MITIGATING THE EFFECTS OF DISCHARGE OF HAZARDOUS MATERIALS › 38 §1404. Liability for gross negligence or reckless, wanton or intentional misconduct

§1404. Liability for gross negligence or reckless, wanton or intentional misconduct
Nothing in section 1402 limits or otherwise affects the liability of any person for damages resulting from that person's gross negligence, or from that person's reckless, wanton or intentional misconduct.   [PL 1983, c. 111 (NEW).]
SECTION HISTORY
PL 1983, c. 111 (NEW).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 2: HIGH-LEVEL RADIOACTIVE WASTE › 38 §1466. Other facilities

§1466. Other facilities
Except for on-site storage of spent fuel from a nuclear power plant, any facility for storage or processing of high-level radioactive waste which is not a repository covered by section 1461, subsection 1, is subject to the requirements in this section. Except for storage in existing licensed capacity, on-site storage of spent fuel from a nuclear power plant shall be subject to subsections 1 and 2.   [PL 1985, c. 802, §11 (AMD).]
1.  Notification.
Any person planning to construct a facility covered by this section shall notify the commissioner. The board shall, by rule, specify the form, content and timing of that notice.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §271 (AMD).]
2.  Commissioner review.
Upon receipt of notice under subsection 1, the commissioner shall review the proposed facility as closely as possible in accordance with section 1463 and report its findings and recommendations within 90 days to the Governor and the Legislature.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §271 (AMD).]
3.  Legislative approval of facilities required.
No high-level radioactive waste disposal or storage facility covered by this section may be constructed or operated in the State, unless the Legislature has expressly approved the construction or operation of that facility. This approval does not replace any other license or permit that may be required by law or rule.
[PL 1983, c. 381, §9 (NEW).]
SECTION HISTORY
PL 1983, c. 381, §9 (NEW). PL 1985, c. 802, §11 (AMD). PL 1989, c. 890, §§A40,B271 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1471. Purpose

§1471. Purpose
In accordance with the United States Low-level Radioactive Waste Policy Act of 1980, Public Law 96-573, as amended by the United States Low-level Radioactive Waste Policy Amendments Act of 1985, Public Law 99-240, the State accepts its responsibility for providing for the capacity for the disposal of low-level radioactive waste generated within this State that consists of or contains Class A, B or C radioactive waste, as defined by the Code of Federal Regulations, Title 10, Section 61.55, as in effect on January 26, 1983, except for waste owned or generated by the United States Department of Energy or waste owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy or waste owned or generated as a result of any research, development, testing or production of any atomic weapon. It is the purpose of this subchapter to establish a program for the safe management of low-level radioactive waste, and to provide capacity for its disposal either within this State or in regional facilities.   [PL 1985, c. 705, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 381, §9 (NEW). PL 1985, c. 705, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1472. Reporting

§1472. Reporting
Each low-level radioactive waste generator shall annually report, by March 31st, the volume, radioactivity and other physical and chemical characteristics of low-level waste generated and of low-level waste shipped to commercial disposal facilities, and the volume, radioactivity and other pertinent characteristics of low-level radioactive waste stored on-site. This report shall be submitted to the commissioner and to the Commissioner of Health and Human Services, and shall include information on the specific radioactive materials handled.   [PL 1985, c. 705, §2 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
SECTION HISTORY
PL 1983, c. 381, §9 (NEW). PL 1985, c. 705, §2 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1473. Geological characterization

§1473. Geological characterization
The State Geologist shall advise the Governor and the Legislature on the suitability of areas of the State for low-level waste disposal. In determining suitability, the State Geologist shall consider final rules for facility siting under 10 Code of Federal Regulations, Part 61, and other rules, as appropriate.   [PL 1983, c. 381, §9 (NEW).]
SECTION HISTORY
PL 1983, c. 381, §9 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1474. Regional compacts

§1474. Regional compacts
1.  Negotiation.
The Governor may negotiate on behalf of the State compacts or other agreements, with other states and the Federal Government with respect to the siting, licensing, operation and use of low-level radioactive waste disposal facilities.
[PL 1985, c. 705, §3 (NEW).]
2.  Ratification.
Except for an agreement with the Southeast Compact Commission for acceptance through June 30, 1994 of low-level radioactive waste generated by and on the premises of any facility of the United States Navy in Kittery, Maine, any compact or agreement with any other state or states or the Federal Government for low-level waste disposal must be ratified by legislative act and, in accordance with subchapter IV, by the voters of the State.
[PL 1993, c. 541, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 381, §9 (NEW). PL 1983, c. 500, §1 (RAL). PL 1983, c. 862, §91 (RPR). PL 1985, c. 705, §3 (RPR). PL 1993, c. 541, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1476. Low-level Waste Siting Commission (REPEALED)

§1476. Low-level Waste Siting Commission
(REPEALED)
SECTION HISTORY
PL 1981, c. 439, §9 (NEW). PL 1983, c. 88, §2 (AMD). PL 1983, c. 381, §5 (RAL). PL 1983, c. 812, §§296,297 (AMD). PL 1985, c. 309, §7 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1477. Low-level Waste Siting Fund (REPEALED)

§1477. Low-level Waste Siting Fund
(REPEALED)
SECTION HISTORY
PL 1981, c. 439, §9 (NEW). PL 1983, c. 88, §§3,4 (AMD). PL 1983, c. 381, §6 (RAL). PL 1985, c. 309, §8 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1478. Departmental review of low-level radioactive waste facilities (REPEALED)

§1478. Departmental review of low-level radioactive waste facilities
(REPEALED)
SECTION HISTORY
PL 1983, c. 500, §5 (NEW). PL 1987, c. 233 (AMD). PL 1987, c. 787, §20 (AMD). PL 1989, c. 890, §§A40,B272, 273 (AMD). PL 1993, c. 383, §§39,40 (AMD). PL 1995, c. 642, §15 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1478-A. Hearings; orders; construction suspended (REPEALED)

§1478-A. Hearings; orders; construction suspended
(REPEALED)
SECTION HISTORY
PL 1993, c. 383, §41 (NEW). PL 1995, c. 642, §16 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1479. Legislative approval of facilities required

§1479. Legislative approval of facilities required
A low-level radioactive waste disposal or storage facility may not be established in the State, unless the Legislature has, by Private and Special Act, approved the establishment of that facility. The Legislature shall act expeditiously after a decision by the United States Nuclear Regulatory Commission to approve a facility, but may not act until after the conclusion of any judicial review of the decision and any resulting administrative proceedings.   [PL 1995, c. 642, §17 (AMD).]
Approval under this section does not replace any other license required by law and is in addition to the voter approval required by section 1493.   [PL 1995, c. 642, §17 (AMD).]
SECTION HISTORY
PL 1983, c. 500, §5 (NEW). PL 1983, c. 583, §25 (AMD). PL 1985, c. 705, §4 (AMD). PL 1995, c. 642, §17 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1480. Applicability of regulations (REPEALED)

§1480. Applicability of regulations
(REPEALED)
SECTION HISTORY
PL 1983, c. 500, §5 (NEW). PL 1995, c. 642, §18 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3: LOW-LEVEL RADIOACTIVE WASTE › 38 §1480-A. Joint hearings; intervention

§1480-A. Joint hearings; intervention
The Department of Health and Human Services or the Governor's Energy Office may intervene in any federal licensing proceeding to carry out the purpose of this chapter.   [PL 2011, c. 655, Pt. MM, §23 (AMD); PL 2011, c. 655, Pt. MM, §26 (AFF).]
SECTION HISTORY
PL 1983, c. 500, §5 (NEW). PL 1995, c. 642, §19 (AMD). PL 2003, c. 689, §B6 (REV). PL 2011, c. 655, Pt. MM, §23 (AMD). PL 2011, c. 655, Pt. MM, §26 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 14-A: NUCLEAR WASTE ACTIVITY › Subchapter 3-A: LOW-LEVEL RADIOACTIVE WASTE DISPOSAL › 38 §1481. State low-level radioactive waste disposal facility (REPEALED)

§1481. State low-level radioactive waste disposal facility
(REPEALED)
SECTION HISTORY
PL 1985, c. 705, §5 (NEW). PL 1993, c. 664, §18 (RP).