reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §550. Enforcement; penalties

§550. Enforcement; penalties
Any person who causes or is responsible for a discharge in violation of section 543 is not subject to any fines or civil penalties if that person:   [PL 1991, c. 66, Pt. A, §18 (RPR).]
1.  Report and remove.
Reports within 2 hours and promptly removes the discharge in accordance with the rules and orders of the board or commissioner; and
[PL 1991, c. 66, Pt. A, §18 (RPR).]
2.  Reimburse.
Reimburses the department for any disbursement made from the fund in connection with the discharge pursuant to section 551, subsection 5, paragraph B within 30 days of demand.
[PL 1991, c. 66, Pt. A, §18 (RPR).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1977, c. 375, §9 (RPR). PL 1989, c. 868, §3 (AMD). PL 1989, c. 890, §§A40,B116 (AMD). PL 1991, c. 66, §A18 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §551-A. Oil Spill Advisory Committee (REPEALED)

§551-A. Oil Spill Advisory Committee
(REPEALED)
SECTION HISTORY
PL 1991, c. 698, §12 (NEW). PL 2007, c. 292, §§30-32 (AMD). PL 2015, c. 319, §17 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §552-A. Detention of vessels

§552-A. Detention of vessels
Whenever there is probable cause to believe that a vessel has violated or been the means of a violation of this subchapter or any other law which the Department of Environmental Protection is responsible for administering or any rule or order of the board, commissioner or any official of the department made thereunder, the vessel must be detained in any port of the State until payment of any fine or penalty assessable under the law has been paid or secured to the satisfaction of the Attorney General. Any justice or judge of the Superior Court or the District Court may issue such orders as are necessary to carry out the purposes of this section.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §124 (AMD).]
SECTION HISTORY
PL 1977, c. 375, §18 (NEW). PL 1989, c. 890, §§A40,B124 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §553. Interstate Compact, authority

§553. Interstate Compact, authority
In accordance with subchapter II the Governor of this State is authorized and directed to execute supplementary agreements with any one or more of the states comprising the New England Interstate Water Pollution Control Commission and the United States for the purpose of implementing and carrying out the provisions, limitations, qualifications and intent of this subchapter.   [PL 1969, c. 572, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §554. Reports to the Legislature (REPEALED)

§554. Reports to the Legislature
(REPEALED)
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A37,40 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §555. Budget approval

§555. Budget approval
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraphs A, C, F and H 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 551, subsection 5, paragraphs B, D and E may be made as authorized by the State Controller following approval by the commissioner.   [PL 2023, c. 405, Pt. A, §135 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1979, c. 541, §A269 (AMD). PL 1981, c. 356, §3 (AMD). PL 1983, c. 483, §16 (AMD). PL 1989, c. 890, §§A40,B125 (AMD). PL 1997, c. 424, §B8 (AMD). PL 2023, c. 405, Pt. A, §135 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §556. Municipal ordinances; powers limited

§556. Municipal ordinances; powers limited
Nothing in this subchapter may be construed to deny any municipality, by ordinance or by law, from exercising police powers under any general or special Act; provided that ordinances and bylaws in furtherance of the intent of this subchapter and promoting the general welfare, public health and public safety are valid unless in direct conflict with this subchapter or any rule or order of the board or commissioner adopted under authority of this subchapter.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §126 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1979, c. 541, §A270 (AMD). PL 1989, c. 890, §§A40,B126 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-A: OIL DISCHARGE PREVENTION AND POLLUTION CONTROL › 38 §557. Construction

§557. Construction
This subchapter, being necessary for the general welfare, the public health and the public safety of the State and its inhabitants, shall be liberally construed to effect the purposes set forth under this subchapter. No rule or order of the board or commissioner may be stayed pending appeal under the provisions of this subchapter.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §127 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A40,B127 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §561. Findings; purpose

§561. Findings; purpose
The Legislature finds that significant quantities of oil are being stored in aboveground and underground storage facilities; that leaks and unlicensed discharges from these facilities pose a significant threat to the quality of the waters of the State, including the ground water resources; that protection of the quality of these waters is of the highest importance; and that their protection requires proper design and installation of new and replacement underground oil storage facilities and aboveground oil storage facilities, as well as monitoring, maintenance and operating procedures for existing, new and replacement facilities.   [PL 2009, c. 121, §9 (AMD).]
The Legislature intends by the enactment of this subchapter to exercise the police power of the State through the department by conferring upon the department the power to deal with the hazards and threats of danger and damage posed by the storage and handling of oil and related activities; to require the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby persons suffering damage from these occurrences may be promptly made whole; to establish a fund to provide for the investigation, mitigation and removal of discharges or threats of discharge of oil from storage facilities, including the restoration of contaminated water supplies; and to guarantee the prompt payment of reasonable damage claims resulting therefrom.   [PL 2009, c. 121, §9 (AMD).]
The Legislature further finds that preservation of the ground water resources and of the public uses referred to in this subchapter is of grave public interest and concern to the State in promoting its general welfare, preventing disease, promoting health and providing for the public safety and that the State's interest in this preservation outweighs any burdens of absolute liability imposed by the Legislature in this subchapter upon those engaged in the storage of oil, petroleum products and their by-products.   [PL 2009, c. 121, §9 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1989, c. 890, §§A40,B129 (AMD). PL 1995, c. 399, §5 (AMD). PL 1995, c. 399, §21 (AFF). PL 2009, c. 121, §9 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §562. Definitions (REPEALED)

§562. Definitions
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1987, c. 491, §5 (AMD). PL 1987, c. 735, §70 (AMD). PL 1987, c. 787, §13 (AMD). PL 1989, c. 312, §16 (AMD). PL 1989, c. 546, §10 (AMD). PL 1989, c. 865, §1 (RP). PL 1989, c. 890, §§A40,B130 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §563-C. Prohibition on siting new underground oil storage facilities near drinking water supplies (REPEALED)

§563-C. Prohibition on siting new underground oil storage facilities near drinking water supplies
(REPEALED)
SECTION HISTORY
PL 2001, c. 302, §1 (NEW). PL 2003, c. 689, §B6 (REV). PL 2005, c. 561, §6 (AMD). PL 2007, c. 569, §3 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §566. Abandonment of underground oil storage facilities and tanks (REPEALED)

§566. Abandonment of underground oil storage facilities and tanks
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §7 (AMD). PL 1987, c. 491, §13 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §567. Certification of underground tank installers

§567. Certification of underground tank installers
No person may install an underground oil storage facility or tank after May 1, 1986, without first having been certified by the Board of Underground Oil Storage Tank Installers, pursuant to Title 32, chapter 104‑A. Underground gasoline storage tanks may be removed by underground gasoline storage tank removers certified by the Board of Underground Oil Storage Tank Installers, pursuant to Title 32, chapter 104‑A.   [PL 1989, c. 312, §21 (AMD).]
Notwithstanding section 570, tank installers and removers shall be liable to other than the State as follows: With the exception of prohibited discharges resulting from an installer's or remover's negligence, the liability of certified installers and removers shall be limited to damages resulting from prohibited discharges discovered within the 12-month period immediately following the installation or removal of the underground tank or facility. To insure its continued relevance, this provision shall be reviewed by June 30, 1991, by the joint standing committee of the Legislature having jurisdiction over energy and natural resources.   [PL 1989, c. 312, §21 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §8 (AMD). PL 1985, c. 763, §A98 (AMD). PL 1987, c. 402, §A202 (AMD). PL 1989, c. 312, §21 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §567-A. Certifications

§567-A. Certifications
1.  Cathodic protection tester.
The commissioner may certify a person as a cathodic protection tester on finding that the person understands the principles and measurements of all common types of cathodic protection systems as applied to buried metal piping and tank systems. At a minimum, these persons must have education and experience in soil resistivity, stray current, structure-to-soil potential and component electrical isolation measurements of buried metal piping and tank systems.
[PL 1989, c. 865, §13 (NEW).]
2.  Corrosion expert.
The commissioner may certify a person as a corrosion expert on finding that the person has a thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by professional education and related practical experience and is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. That person must be accredited as being qualified by the National Association of Corrosion Engineers or be a professional engineer registered in this State who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
[PL 1989, c. 865, §13 (NEW).]
SECTION HISTORY
PL 1989, c. 865, §13 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §569. Ground Water Oil Clean-up Fund (REPEALED)

§569. Ground Water Oil Clean-up Fund
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1985, c. 626, §§9,10 (AMD). PL 1985, c. 746, §24 (AMD). PL 1987, c. 278 (AMD). PL 1987, c. 491, §§16-21 (AMD). PL 1987, c. 521, §11 (AMD). PL 1987, c. 769, §A177 (AMD). PL 1989, c. 502, §B60 (AMD). PL 1989, c. 543, §6 (AMD). PL 1989, c. 865, §§16,24,25 (AMD). PL 1989, c. 890, §§A40,B147- 150 (AMD). PL 1991, c. 66, §§A29-31,C1 (AMD). PL 1991, c. 433, §§4-6 (AMD). PL 1991, c. 433, §7 (AFF). PL 1991, c. 439, §6 (AMD). PL 1991, c. 494, §§13,14 (AMD). PL 1991, c. 817, §25 (RP). PL 1997, c. 374, §14 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §569-A. Ground Water Oil Clean-up Fund (REPEALED)

§569-A. Ground Water Oil Clean-up Fund
(REPEALED)
SECTION HISTORY
PL 1991, c. 817, §26 (NEW). PL 1993, c. 355, §§16-22 (AMD). PL 1993, c. 363, §§13,14 (AMD). PL 1993, c. 363, §21 (AFF). PL 1993, c. 410, §H1 (AMD). PL 1993, c. 412, §§5,6 (AMD). PL 1993, c. 553, §§2-6 (AMD). PL 1993, c. 553, §§7,8 (AFF). PL 1993, c. 621, §4 (AMD). PL 1993, c. 680, §A36 (AMD). PL 1995, c. 399, §§9-15 (AMD). PL 1995, c. 399, §21 (AFF). PL 1997, c. 364, §§32-34 (AMD). PL 1997, c. 374, §§6,7 (AMD). PL 1997, c. 613, §§2,3 (AMD). PL 1997, c. 624, §4 (AMD). PL 1999, c. 278, §§2,3 (AMD). PL 1999, c. 334, §§3,4 (AMD). PL 1999, c. 505, §§A12,13 (AMD). PL 1999, c. 635, §§1,2 (AMD). PL 2001, c. 212, §3 (AMD). PL 2001, c. 216, §3 (AMD). PL 2001, c. 605, §1 (AMD). PL 2003, c. 245, §§12,13 (AMD). PL 2003, c. 551, §§15,16 (AMD). PL 2005, c. 157, §1 (AMD). PL 2005, c. 330, §23 (AMD). PL 2009, c. 121, §14 (AMD). PL 2009, c. 319, §14 (AMD). PL 2009, c. 501, §§10, 11 (AMD). PL 2013, c. 300, §12 (AMD). PL 2015, c. 319, §31 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §569-B. Ground Water Oil Clean-up Fund (REPEALED)

§569-B. Ground Water Oil Clean-up Fund
(REPEALED)
SECTION HISTORY
PL 1991, c. 817, §26 (NEW). PL 1993, c. 621, §5 (AMD). PL 1995, c. 399, §§16-19 (AMD). PL 1995, c. 399, §21 (AFF). PL 1997, c. 364, §35 (AMD). PL 1997, c. 374, §§8,9 (AMD). PL 1999, c. 334, §§5,6 (AMD). PL 2003, c. 245, §14 (AMD). PL 2009, c. 319, §15 (AMD). PL 2009, c. 501, §12 (AMD). PL 2015, c. 319, §32 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §569-C. Limited exemption from liability for state or local governmental entities

§569-C. Limited exemption from liability for state or local governmental entities
1.  Limited exemption from liability.
Liability under section 570 does not apply to the State or any political subdivision that acquired ownership or control of an oil storage facility through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign. The exemption from liability provided under this subsection does not apply if:
A. The State or political subdivision causes, contributes to or exacerbates a discharge or threat of discharge from the facility; or   [PL 2011, c. 206, §18 (NEW).]
B. After acquiring ownership of the facility and upon obtaining knowledge of a release or threat of release, the State or political subdivision does not:
(1) Notify the department within a reasonable time after obtaining knowledge of a discharge or threat of discharge;
(2) Provide reasonable access to the department and its authorized representatives so that necessary response actions may be conducted; and
(3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment.   [PL 2011, c. 206, §18 (NEW).]
[PL 2011, c. 206, §18 (NEW).]
2.  Reimbursement for department expenses.
Notwithstanding the exemption from liability provided in subsection 1, the State or any political subdivision that acquires or has acquired ownership of property that encompasses an oil storage facility pursuant to any of the proceedings referred to in subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period in which the State or political subdivision had ownership of the property, up to the amount of the proceeds from the sale or disposition of the property minus any unpaid taxes on the property and the out-of-pocket costs of the sale or disposition.
[PL 2011, c. 206, §18 (NEW).]
SECTION HISTORY
PL 2011, c. 206, §18 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-A. Budget approval (REPEALED)

§570-A. Budget approval
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1989, c. 865, §§18,24,25 (AMD). PL 1989, c. 890, §§A40,B151 (AMD). PL 1991, c. 66, §A32 (RPR). PL 1991, c. 817, §31 (AMD). PL 1993, c. 355, §24 (AMD). PL 1997, c. 374, §10 (AMD). PL 1997, c. 374, §14 (AFF). PL 1997, c. 424, §B9 (AMD). PL 2003, c. 245, §15 (AMD). PL 2009, c. 319, §18 (AMD). PL 2015, c. 319, §35 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-B. Personnel and equipment (REPEALED)

§570-B. Personnel and equipment
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1985, c. 785, §B179 (AMD). PL 1989, c. 865, §§19,24,25 (AMD). PL 1989, c. 890, §§A40,B152 (AMD). PL 1991, c. 66, §A33 (RPR). PL 1997, c. 374, §11 (AMD). PL 1997, c. 374, §14 (AFF). PL 2003, c. 245, §16 (AMD). PL 2009, c. 319, §19 (AMD). PL 2015, c. 319, §36 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-C. Municipal ordinances; powers limited

§570-C. Municipal ordinances; powers limited
Nothing in this subchapter may be construed to deny any municipality, by ordinance or by law, the exercise of police powers under any general or special act, provided that ordinances and bylaws in furtherance of the intent of this subchapter and promoting the general welfare, public health and public safety are valid unless in direct conflict with this subchapter or any rule or order of the board or commissioner adopted under authority of this subchapter.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §153 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1989, c. 890, §§A40,B153 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-D. Transition

§570-D. Transition
Damage claims filed with the department on or before the effective date of this Act which, after the enactment of this subchapter, would be controlled by the provisions of this subchapter may proceed either in the manner set forth herein or in the manner set forth in subchapter II‑A, at the choice of the claimant. Reimbursement for any expenditures shall be credited to the fund from which the expenditures were made.   [PL 1985, c. 496, Pt. A, §14 (NEW).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-E. Legislative review (REPEALED)

§570-E. Legislative review
(REPEALED)
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1999, c. 334, §7 (AMD). PL 2011, c. 538, §12 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-F. Special provisions

§570-F. Special provisions
This subchapter may not be construed to authorize the department to require registration of or to regulate the installation or operation of underground tanks used:   [PL 1991, c. 494, §15 (RPR).]
1.  Propane storage.
For the storage of propane; or
[PL 1991, c. 494, §15 (NEW).]
2.  Other structure.
As an oil-water separator, catch basin, flood drain or other emergency containment structure as long as the structure:
A. Is used to collect, capture or treat storm water surface runoff or oil spills;   [PL 2017, c. 333, §10 (AMD).]
B. Is not used for the storage of oil; and   [PL 2017, c. 333, §10 (AMD).]
C. Is regulated under the federal Clean Water Act, 33 United States Code, Section 1317(b) or Section 1342.   [PL 2017, c. 333, §10 (NEW).]
[PL 2017, c. 333, §10 (AMD).]
The department shall adopt rules for underground oil storage facilities for storing waste oil. The department shall also adopt rules governing field-constructed, airport hydrant and heavy oil underground oil storage facilities. These rules are not limited by other provisions of this subchapter.   [PL 2017, c. 333, §10 (AMD).]
SECTION HISTORY
PL 1985, c. 496, §A14 (NEW). PL 1987, c. 491, §23 (AMD). PL 1989, c. 865, §§20,24,25 (AMD). PL 1989, c. 890, §§A40,B154 (AMD). PL 1991, c. 494, §15 (RPR). PL 1997, c. 374, §14 (AFF). PL 2017, c. 333, §10 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-G. Construction

§570-G. Construction
This subchapter is necessary for the general welfare, public health and public safety of the State and its inhabitants and shall be liberally construed to effect the purposes set forth under this subchapter. No rule or order of the department may be stayed pending appeal under this subchapter.   [PL 1987, c. 787, §15 (AMD).]
SECTION HISTORY
PL 1987, c. 491, §24 (NEW). PL 1987, c. 787, §15 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-H. Report; adequacy of fund (REPEALED)

§570-H. Report; adequacy of fund
(REPEALED)
SECTION HISTORY
PL 1989, c. 865, §§21,24,25 (NEW). PL 1993, c. 363, §15 (AMD). PL 1993, c. 363, §21 (AFF). PL 1995, c. 399, §20 (AMD). PL 1995, c. 399, §21 (AFF). PL 1997, c. 374, §14 (AFF). PL 1999, c. 505, §A14 (AMD). PL 2001, c. 356, §9 (AMD). PL 2007, c. 292, §37 (AMD). PL 2011, c. 211, §24 (AMD). PL 2011, c. 243, §4 (RP). PL 2011, c. 691, Pt. A, §43 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-I. Budget approval

§570-I. Budget approval
The commissioner shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraphs A, C, F and H for each biennium. The budget must be submitted in accordance with Title 5, sections 1663 to 1666. The State Controller shall authorize expenditures from the fund as approved by the commissioner. Expenditures pursuant to section 551, subsection 5, paragraphs B, D, E and I to O may be made as authorized by the State Controller following approval by the commissioner.   [PL 2015, c. 319, §37 (AMD).]
SECTION HISTORY
PL 1991, c. 66, §C2 (NEW). RR 1993, c. 1, §126 (COR). PL 1997, c. 374, §12 (AMD). PL 2003, c. 245, §17 (AMD). PL 2009, c. 319, §20 (AMD). PL 2015, c. 319, §37 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-J. Personnel and equipment

§570-J. Personnel and equipment
The commissioner shall establish and maintain at appropriate locations employees and equipment that, in the commissioner's judgment, are necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter and shall prescribe the duties of those employees. The salaries of those employees and the cost of that equipment must be paid from the fund established by subchapter 2‑A.   [PL 2015, c. 319, §38 (AMD).]
SECTION HISTORY
PL 1991, c. 66, §C2 (NEW). PL 1997, c. 374, §13 (AMD). PL 2003, c. 245, §18 (AMD). PL 2009, c. 319, §21 (AMD). PL 2015, c. 319, §38 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-L. Budget approval; aboveground tanks program

§570-L. Budget approval; aboveground tanks program
This section establishes a budget process for expenses of the State Fire Marshal and the Clean-up and Response Fund Review Board.   [PL 2015, c. 319, §39 (AMD).]
1.  Clean-up and Response Fund Review Board.
The chair of the Clean-up and Response Fund Review Board shall submit budget recommendations for disbursements from the fund in accordance with section 551, subsection 5, paragraph L. The budget must be submitted in accordance with Title 5, sections 1663 to 1666.
[PL 2015, c. 319, §39 (AMD).]
2.  State Fire Marshal.
The State Fire Marshal shall submit budget recommendations for disbursement from the fund in accordance with section 551, subsection 5, paragraph M. The budget must be submitted at the time the State Fire Marshal's budget is otherwise presented.
[PL 2015, c. 319, §39 (AMD).]
SECTION HISTORY
PL 1993, c. 363, §18 (NEW). PL 1993, c. 363, §21 (AFF). PL 2015, c. 319, §39 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-M. Prohibition on adding water to well

§570-M. Prohibition on adding water to well
Except as provided in this section, a person may not add water to a well. Water may be added to a well by:   [PL 2001, c. 626, §15 (NEW).]
1.  Licensed well driller.
A well driller licensed under Title 32, chapter 69‑C using water that is in conformance with rules adopted under that chapter;
[PL 2001, c. 626, §15 (NEW).]
2.  Authorized water transporter.
A person authorized to transport water under Title 22, section 2660‑A using water in conformance with rules adopted under that section; or
[PL 2001, c. 626, §15 (NEW).]
3.  Well injection.
Well injection into a Class V well as authorized and licensed by the department pursuant to rules adopted by the board.
[PL 2001, c. 626, §15 (NEW).]
For the purposes of this section, the term "well" means any hole dug, drilled, driven or bored into the earth used to extract drinking water and does not include monitoring wells, wells constructed exclusively for the relief of artesian pressure at hydroelectric projects, wells constructed for temporary dewatering purposes and wells constructed for the purposes of extracting oil, gas or brine.   [PL 2001, c. 626, §15 (NEW).]
SECTION HISTORY
PL 2001, c. 626, §15 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-B: OIL STORAGE FACILITIES AND GROUND WATER PROTECTION › 38 §570-N. Rules; wastewater treatment tank systems

§570-N. Rules; wastewater treatment tank systems
The department may adopt rules regulating wastewater treatment tank systems, including oil-water separators and catch basins, that meet the definition of "underground oil storage tank," except that this section does not apply to:   [PL 2017, c. 333, §11 (NEW).]
1.  Oil-water separators.
Oil-water separators and catch basins under section 570‑F, subsection 2; and
[PL 2017, c. 333, §11 (NEW).]
2.  Storm water or wastewater collection.
Storm water or wastewater collection systems or flow-through tanks.
[PL 2017, c. 333, §11 (NEW).]
The department may adopt rules under this section for wastewater treatment tank systems relating to registration, tank construction, financial assurance and discharge response and corrective action. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2017, c. 333, §11 (NEW).]
SECTION HISTORY
PL 2017, c. 333, §11 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-C: PROHIBITION ON OIL AND NATURAL GAS EXPLORATION, DEVELOPMENT AND PRODUCTION › 38 §570-AA. Definitions

§570-AA. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2019, c. 294, §2 (NEW).]
1.  Development.
"Development" means the activities conducted subsequent to the exploration for and discovery of oil or natural gas resources, but prior to the production of those resources, to facilitate the production of those resources, including, but not limited to, geophysical activities, drilling, platform construction, pipeline construction and the operation of all onshore support facilities specifically constructed or designed to support those activities.
[PL 2019, c. 294, §2 (NEW).]
2.  Exploration.
"Exploration" means the activities conducted to locate oil or natural gas resources, prior to the development or production of those resources, including, but not limited to, the drilling of wells for the purpose of locating and determining the size and scope of those resources.
[PL 2019, c. 294, §2 (NEW).]
3.  Federal waters.
"Federal waters" means those waters and submerged lands lying seaward to the waters of the State that are subject to federal jurisdiction and control.
[PL 2019, c. 294, §2 (NEW).]
4.  Oil terminal facility.
"Oil terminal facility" has the same meaning as in section 542, subsection 7.
[PL 2019, c. 294, §2 (NEW).]
5.  North Atlantic planning area.
"North Atlantic planning area" means an area of federal waters in the outer Continental Shelf adjacent to the coastal waters of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York and New Jersey.
[PL 2019, c. 294, §2 (NEW).]
6.  Production.
"Production" means the activities conducted subsequent to the exploration, discovery and development of oil or natural gas resources including, but not limited to, the removal or extraction of those resources, related field operations, the transportation of those resources over the waters of the State to onshore facilities, workover drilling and the operation, monitoring and maintenance of the removal or extraction process. "Production" does not include the transfer of oil or natural gas resources to or from the waters of the State, including both onloading and offloading of oil or natural gas resources between an oil terminal facility and a vessel or between vessels, except that "production" does include the transfer of oil or natural gas resources to or from the waters of the State when such transfer involves oil or natural gas resources removed or extracted from federal waters in the north Atlantic planning area.
[PL 2019, c. 294, §2 (NEW).]
7.  Vessel.
"Vessel" has the same meaning as in section 542, subsection 11.
[PL 2019, c. 294, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 294, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2-C: PROHIBITION ON OIL AND NATURAL GAS EXPLORATION, DEVELOPMENT AND PRODUCTION › 38 §570-BB. Prohibition

§570-BB. Prohibition
Notwithstanding any other provision of law to the contrary, a person may not perform or cause to be performed, and the department may not permit, approve or otherwise authorize, any oil or natural gas exploration, development or production in, on or under the waters of the State.   [PL 2019, c. 294, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 294, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 3: CRIMINAL LIABILITY › 38 §571. Corrupting waters forbidden

§571. Corrupting waters forbidden
1.  Prohibition.
A person may not:
A. Intentionally or knowingly poison, defile or in any way corrupt the water of any well, spring, brook, lake, pond, river or reservoir used for domestic drinking purposes;   [PL 2009, c. 550, §9 (NEW).]
B. Knowingly corrupt the sources of any public water supply, or the tributaries of those sources of supply, in a manner that affects the purity of the water supplied;   [PL 2009, c. 550, §9 (NEW).]
C. Knowingly defile waters identified in paragraphs A and B in any manner, whether the water is frozen or not; or   [PL 2009, c. 550, §9 (NEW).]
D. Put a carcass of any dead animal or other offensive material in waters identified in paragraphs A and B or on the ice of those waters. A person may place the carcass of a dead animal on the ice of a brook, great pond or river for purposes of coyote hunting as long as the carcass is removed before the ice supporting that carcass is gone. This paragraph does not authorize a person to enter the property owned by another person without the permission of the property owner.   [PL 2009, c. 550, §9 (NEW).]
[PL 2009, c. 550, §9 (NEW).]
2.  Penalty.
A person who violates this section commits a Class A crime.
[PL 2009, c. 550, §9 (NEW).]
SECTION HISTORY
PL 1977, c. 696, §344 (RPR). PL 2009, c. 550, §9 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-A: CLIMATE CHANGE › 38 §574. Definitions

§574. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2003, c. 237, §1 (NEW).]
1.  Greenhouse gas.
"Greenhouse gas" means any chemical or physical substance that is emitted into the air and that the department determines by rule may reasonably be anticipated to cause or contribute to climate change. "Greenhouse gas" includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Rules adopted by the department pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2003, c. 237, §1 (NEW).]
1-A.  Climate action plan.
"Climate action plan" means the state plan adopted under section 577.
[PL 2019, c. 476, §5 (NEW).]
1-B.  Gross annual greenhouse gas emissions.
"Gross annual greenhouse gas emissions" means the total amount of greenhouse gases emitted by all sources within the State each year.
[PL 2019, c. 476, §5 (NEW).]
1-C.  Net annual greenhouse gas emissions.
"Net annual greenhouse gas emissions" means gross annual greenhouse gas emissions less the total amount of greenhouse gases absorbed each year by plants and natural ecosystems, including, but not limited to, trees, crops, soil and wetlands within the State.
[PL 2019, c. 476, §5 (NEW).]
2.  Sector.
"Sector" means one of the 5 sectors identified in the climate change action plan adopted by the Conference of New England Governors and Eastern Canadian Premiers in August 2001. The 5 sectors are the transportation, industrial, commercial, institutional and residential sectors.
[PL 2003, c. 237, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 237, §1 (NEW). PL 2019, c. 476, §5 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-A: CLIMATE CHANGE › 38 §575. Lead-by-example initiative

§575. Lead-by-example initiative
The department shall establish a lead-by-example initiative under which the department shall:   [PL 2003, c. 237, §1 (NEW).]
1.  Greenhouse gas emissions inventory for state-owned facilities and state-funded programs.
Create an inventory of greenhouse gas emissions associated with state-owned facilities and state-funded programs and create a plan for reducing those emissions to below 1990 levels by 2010;
[PL 2003, c. 237, §1 (NEW).]
2.  Carbon emission reduction.
By January 1, 2006, seek to establish carbon emission reduction agreements with at least 50 businesses and nonprofit organizations;
[PL 2003, c. 237, §1 (NEW).]
3.  New England greenhouse registry.
Participate in a regional effort to develop and adopt a greenhouse gas registry that includes 3rd-party verification; and
[PL 2003, c. 237, §1 (NEW).]
4.  Statewide greenhouse gas emissions inventory.
Create an annual statewide greenhouse gas emissions inventory.
[PL 2003, c. 237, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 237, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-A: CLIMATE CHANGE › 38 §578. Progress evaluation

§578. Progress evaluation
The department, in consultation with the Maine Climate Council, established under section 577‑A, shall evaluate the State's progress toward meeting the reductions specified in section 576‑A and progress toward implementing the climate action plan in section 577. The department, after consultation with the council, shall submit a report of its evaluation to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over utilities and energy matters by December 1, 2022 and by that date every 2 years thereafter. The report must include, but is not limited to, an evaluation of gross annual greenhouse gas emissions, including an identification of greenhouse gas emissions by source category, energy emissions and consumption and an economic analysis of greenhouse gas emissions per unit of economic activity; an evaluation of net annual greenhouse gas emissions, including the State's carbon budget, forest carbon markets and a time series analysis of net greenhouse gas emissions; and an evaluation of sector-specific progress made toward meeting the reductions specified in section 576‑A. The department, in consultation with the council, may recommend other metrics to share the progress on climate mitigation and adaptation strategies with the Legislature and the public. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out legislation relating to the report required under this section, and the joint standing committee of the Legislature having jurisdiction over utilities and energy matters may make recommendations to the joint standing committee of the Legislature having jurisdiction over natural resources matters regarding that legislation.   [PL 2023, c. 234, §3 (AMD).]
SECTION HISTORY
PL 2003, c. 237, §1 (NEW). PL 2005, c. 144, §1 (AMD). PL 2013, c. 415, §5 (AMD). PL 2019, c. 476, §10 (AMD). PL 2023, c. 234, §3 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-A: CLIMATE CHANGE › 38 §579. Regional greenhouse gas initiative

§579. Regional greenhouse gas initiative
The department may participate in the regional greenhouse gas initiative under chapter 3‑B. The commissioner or the commissioner's designee and the members of the Public Utilities Commission are authorized to act as representatives for the State in the regional organization as defined in section 580‑A, subsection 20, may contract with organizations and entities when such arrangements are necessary to efficiently carry out the purposes of this section and may coordinate the State's efforts with other states and jurisdictions participating in that initiative, with respect to:   [PL 2013, c. 588, Pt. A, §49 (RPR).]
1.  Regional market.
The design, conduct and supervision of a regional market for carbon dioxide allowances;
[PL 2007, c. 317, §16 (NEW).]
2.  Additional offset categories.
The establishment and mutual recognition of additional offset categories that recognize the State's unique geography, economy and natural resources; and
[PL 2007, c. 317, §16 (NEW).]
3.  Ensuring no unfair disadvantage.
Efforts seeking to ensure that electricity generated within participating states and jurisdictions is not unfairly disadvantaged as a result of imports of electricity from nonparticipating states and jurisdictions.
[PL 2007, c. 317, §16 (NEW).]
SECTION HISTORY
PL 2005, c. 330, §24 (NEW). PL 2007, c. 317, §16 (AMD). PL 2007, c. 608, §3 (AMD). PL 2013, c. 369, Pt. D, §1 (AMD). PL 2013, c. 415, §6 (AMD). PL 2013, c. 588, Pt. A, §49 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-B: REGIONAL GREENHOUSE GAS INITIATIVE › 38 §580. Short title

§580. Short title
This chapter may be known and cited as "the Regional Greenhouse Gas Initiative Act of 2007."   [PL 2007, c. 317, §17 (NEW).]
SECTION HISTORY
PL 2007, c. 317, §17 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3-B: REGIONAL GREENHOUSE GAS INITIATIVE › 38 §580-C. Construction; absence of limitation

§580-C. Construction; absence of limitation
Nothing in this chapter may be construed to limit:   [PL 2007, c. 317, §17 (NEW).]
1.  Withdrawal by State.
The ability of this State to withdraw from the regional greenhouse gas initiative; or
[PL 2007, c. 317, §17 (NEW).]
2.  Categories of carbon dioxide emissions offset projects.
The categories of carbon dioxide emissions offset projects that may qualify under agreements among the states and jurisdictions participating in the regional greenhouse gas initiative, particularly with respect to additional categories that take advantage of the geographical, economic or natural resources of this State.
[PL 2007, c. 317, §17 (NEW).]
SECTION HISTORY
PL 2007, c. 317, §17 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §581. Declaration of findings and intent

§581. Declaration of findings and intent
The Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes physical discomfort, injury to property and property values, discourages recreational and other uses of the state's resources and is aesthetically unappealing.   [PL 1969, c. 474, §1 (NEW).]
The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide program to control present and future sources of emission of air contaminants to the end that air polluting activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare of all of the citizens of the State; protects property values and protects plant and animal life.   [PL 1969, c. 474, §1 (NEW).]
Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively or procedurally, the right of any person to damage or other relief on account of injury to persons or property due to violation of air quality standards or emission standards and to maintain any action or other appropriate procedure therefor; nor to so affect the powers of the State to initiate, prosecute and maintain actions to abate public nuisances.   [PL 1969, c. 474, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 474, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §583-A. Regulations for hearing and applications (REPEALED)

§583-A. Regulations for hearing and applications
(REPEALED)
SECTION HISTORY
PL 1975, c. 282, §1 (NEW). PL 1977, c. 300, §39 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §583-B. Classification of air quality control regions

§583-B. Classification of air quality control regions
The air quality regions set forth in section 583 or portions thereof are classified as follows:   [PL 1979, c. 381, §6 (NEW).]
1.  Class I.
Class I:
A. Those federal lands which have been established as mandatory Class I areas by the Federal Clean Air Act: Acadia National Park located in the Downeast Air Quality Region; Moosehorn National Wildlife Refuge located in the Downeast Air Quality Region; and the Roosevelt Campobello International Park located in New Brunswick, Canada;   [PL 1979, c. 381, §6 (NEW).]
[PL 1979, c. 381, §6 (NEW).]
2.  Class II.
The areas in the State not designated Class I or Class III or nonattainment areas shall be Class II areas;
[PL 1979, c. 381, §6 (NEW).]
3.  Class III.
[PL 1979, c. 381, §6 (NEW).]
4.  Nonattainment areas.
The board shall have the authority to designate certain regions or portions thereof as nonattainment areas after opportunity for a public hearing and determination that any ambient air quality standard is being exceeded;
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §157 (AMD).]
5.  Redesignation of class.
A.   [PL 1979, c. 732, §28 (RP).]
B. Other areas may be redesignated as follows:
(1) The board may recommend to the Legislature the redesignation of any air quality region in whole or in part, to Class I, II or III. Prior to this recommendation, an opportunity for a public hearing shall be offered in areas which may be affected by the proposed redesignation. Prior to notice of the hearing opportunity, a report shall be made available with a description and an analysis of health, environmental, economic, social and energy impacts with the proposed redesignation. Should the area proposed for redesignation include or be deemed to affect federally owned lands, the board shall consult with the appropriate federal land manager prior to the redesignation. All proposed redesignations shall be submitted to the Legislature for enactment.   [PL 1983, c. 566, §33 (AMD).]
[PL 1983, c. 566, §33 (AMD).]
SECTION HISTORY
PL 1979, c. 381, §6 (NEW). PL 1979, c. 732, §§28,31 (AMD). PL 1983, c. 566, §§32,33 (AMD). PL 1989, c. 890, §§A40,B157 (AMD).