reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2216. Remedies

§2216. Remedies
Any holder of revenue obligation securities or coupons issued under this subchapter and the trustee under any trust agreement, except as restricted by the trust agreement or applicable document, may, by appropriate legal action, protect and enforce any and all rights under the laws of this State or granted under this subchapter, the trust agreement or other document, including the appointment of a receiver, and may enforce and compel the performance of all duties required by this subchapter, the trust agreement or other document to be performed by the agency, including the collecting of rates, fees and charges for the use of the project. Any proceeding shall be brought for the benefit of all holders of the securities and any coupons.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2217. Revenue refunding securities

§2217. Revenue refunding securities
The agency may provide for the issuance of revenue refunding securities of the agency to refund any outstanding revenue securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of any redemption premiums and any interest accrued or to accrue to the date of redemption, and, if deemed advisable for the agency, to construct or enable the construction of improvements, extensions, enlargements or additions of the original project. The agency may provide for the issuance of revenue obligation securities of the agency for the combined purpose of refunding any outstanding revenue obligation securities or revenue refunding securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of redemption premiums and interest accrued or to accrue and paying all or any part of the cost of acquiring or constructing or enabling the acquisition or construction of any additional project or part of any improvements, extensions, enlargements or additions of any project. The issuance of the securities, the maturities and other details, the rights and remedies of the holders and the rights, powers, privileges, duties and obligations of the agency shall be governed by the provisions of this subchapter insofar as they are applicable.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2218. Tax exemption

§2218. Tax exemption
Revenue obligation securities issued under this article shall constitute a proper public purpose and the securities, their transfer and the income from them, including any profits made on their sale, shall at all times be exempt from taxation within the State, whether or not those securities, their transfer or the income from them, including any profits on their sale, are subject to taxation under the United States Internal Revenue Code.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2219. Leasehold or other interests of lessee taxable

§2219. Leasehold or other interests of lessee taxable
The interest of the user of any project is subject to taxation in the manner provided for similar interests in Title 36, section 551, subject to Title 36, sections 655 and 656.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2220. Bonds as legal investments

§2220. Bonds as legal investments
The revenue obligation securities of the agency and any loan or extension of credit issued under this article shall be legal investments in which all public officers and public bodies of the State, its political subdivisions, all regional associations and municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons who are now or may later be authorized to invest bonds or other obligations of the State, may properly and legally invest funds, including capital, in their control or belonging to them. The revenue obligation securities and any loan or extension of credit which is issued under this subchapter are also made securities, which may properly and legally be deposited with all public officers and bodies of the State or any agency or political subdivisions and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be authorized by law.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2222. Taxable bond option

§2222. Taxable bond option
With respect to all or any portion of any issue of any bonds or any series of bonds which the agency may issue in accordance with the limitations and restrictions of this subchapter, the agency may covenant and consent that the interest on the bonds shall be includable, under the United States Internal Revenue Code of 1986, as amended, or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders under the United States Internal Revenue Code or any subsequent law. The foregoing grant of power shall not be construed as limiting the inherent power of the State or its agencies under any other provision of law to issue debt, the interest on which is includable in the gross income of the holders of the interest under the United States Internal Revenue Code or any subsequent law.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2231. Definitions

§2231. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1991, c. 676, §1 (NEW).]
1.  Incineration facility.
"Incineration facility" means a facility that accepts municipal solid waste for consideration and disposes of the waste through combustion, including combustion for the generation of heat, steam or electricity. A facility that incinerates municipal solid waste in amounts that constitute less than 2% by weight of its fuel is not an incineration facility.
[PL 1991, c. 676, §1 (NEW).]
2.  Solid waste.
"Solid waste" means useless, unwanted or discarded solid material with insufficient liquid content to be free flowing, including, but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse. "Solid waste" includes fuel, whether solid, liquid or gas, derived from materials such as those listed.
[PL 1991, c. 676, §1 (NEW).]
3.  Tipping fee.
"Tipping fee" means any fee, rate, toll or other charge that an incineration facility charges for disposal of solid waste from the facility's customers.
[PL 1991, c. 676, §1 (NEW).]
4.  Waste source.
"Waste source" means any entity that pays a tipping fee to an incineration facility.
[PL 1991, c. 676, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2232. Reporting

§2232. Reporting
An incineration facility shall submit an annual report to the department no later than 90 days after the end of the incineration facility's fiscal year. For reasonable cause shown and upon written application by an incineration facility, the department may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The department may prescribe the form of the annual report and the number of copies that must be submitted. The report must include the following information:   [PL 2011, c. 655, Pt. GG, §65 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Waste.
The total weight in tons of all solid waste received by the incineration facility in the last completed fiscal year and each month of that year and a breakdown of these totals according to the waste sources;
[PL 1991, c. 676, §1 (NEW).]
2.  Tipping fee.
A schedule of various tipping fees imposed by the incineration facility on the incineration facility's municipal and commercial customers over the last completed fiscal year including an identification of all changes in those fees and a similar schedule of fees to be imposed on municipal and commercial customers for the next fiscal year. The tipping fees for commercial customers must be set out separately by each rate charged to each category of commercial customer;
[PL 1991, c. 676, §1 (NEW).]
3.  Revenue.
The total revenue of the incineration facility from all sources for the last completed fiscal year and each month of that year. Revenue figures must identify revenues from each revenue source, including, but not limited to, tipping fees and any revenue from sales of electricity to transmission and distribution utilities;
[PL 1999, c. 657, §27 (AMD).]
4.  Expenditures.
The total expenditures of the incineration facility during the last completed fiscal year including details of those expenditures as required by the department; and
[PL 2011, c. 655, Pt. GG, §66 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
5.  Other information.
Any other information required by the department.
[PL 2011, c. 655, Pt. GG, §66 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW). PL 1995, c. 656, §§A65,66 (AMD). PL 1999, c. 657, §27 (AMD). PL 2011, c. 655, Pt. GG, §§65, 66 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2233. Civil violation

§2233. Civil violation
A person that violates any requirement of section 2232 commits a civil violation for which a forfeiture not to exceed $200 may be adjudged. Each day of a violation is considered a separate offense.   [PL 1991, c. 676, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2234. Civil penalty

§2234. Civil penalty
A person that certifies a report under section 2232 as being complete and accurate and who knows that the report is either incomplete or inaccurate is subject to a civil penalty not to exceed $500, payable to the State. This penalty is recoverable in a civil action.   [PL 1991, c. 676, §1 (NEW).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2235. Use of files

§2235. Use of files
The department shall keep on file for public inspection and use all reports submitted under this subchapter.   [PL 2011, c. 655, Pt. GG, §67 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW). PL 1995, c. 656, §A67 (AMD). PL 2011, c. 655, Pt. GG, §67 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS › 38 §2236. Limitation

§2236. Limitation
Nothing in this subchapter may be construed to create or expand any authority of the department over financial, organizational or rate regulation of incineration facilities.   [PL 2011, c. 655, Pt. GG, §68 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1991, c. 676, §1 (NEW). RR 1993, c. 1, §138 (COR). PL 1995, c. 656, §A68 (AMD). PL 2011, c. 655, Pt. GG, §68 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2301. Definitions (REPEALED)

§2301. Definitions
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §§6-9 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2302. Toxics use reduction and hazardous waste management policy (REPEALED)

§2302. Toxics use reduction and hazardous waste management policy
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §10 (AMD). PL 1993, c. 732, §A12 (AMD). PL 1999, c. 348, §§1-4 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2303. Toxics use, toxics release and hazardous waste reduction goals (REPEALED)

§2303. Toxics use, toxics release and hazardous waste reduction goals
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §§11,12 (AMD). PL 1999, c. 348, §5 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2304. Regulated community (REPEALED)

§2304. Regulated community
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §13 (RPR). PL 1993, c. 355, §§63,64 (AMD). PL 1995, c. 493, §§16-18 (AMD). PL 1999, c. 348, §6 (RP). PL 2009, c. 579, Pt. A, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2304-A. Regulated community (REPEALED)

§2304-A. Regulated community
(REPEALED)
SECTION HISTORY
PL 1999, c. 348, §7 (NEW). PL 1999, c. 779, §§4,5 (AMD). PL 2001, c. 212, §§7,8 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2305. Pollution prevention plans (REPEALED)

§2305. Pollution prevention plans
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §14 (AMD). PL 1999, c. 348, §8 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2305-A. Progress reports (REPEALED)

§2305-A. Progress reports
(REPEALED)
SECTION HISTORY
PL 1999, c. 348, §9 (NEW). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2306. Employee and host municipality notification (REPEALED)

§2306. Employee and host municipality notification
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §15 (AMD). PL 1999, c. 348, §10 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2307. Reporting requirements (REPEALED)

§2307. Reporting requirements
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §16 (AMD). PL 1999, c. 348, §11 (RP). PL 2009, c. 579, Pt. A, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2307-A. Authority to review; modification (REPEALED)

§2307-A. Authority to review; modification
(REPEALED)
SECTION HISTORY
PL 1999, c. 348, §12 (NEW). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2308. Cross-media pollution control (REPEALED)

§2308. Cross-media pollution control
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §17 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2309. Program; powers and duties (REPEALED)

§2309. Program; powers and duties
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §§18,19 (AMD). PL 1999, c. 348, §§13,14 (AMD). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2310. Toxics Reduction Advisory Committee (REPEALED)

§2310. Toxics Reduction Advisory Committee
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 377, §22 (AMD). PL 1991, c. 520, §§20,21 (AMD). PL 1991, c. 804, §C4 (RP). PL 1991, c. 824, §A89 (AMD). PL 1993, c. 226, §A3 (RP). PL 1993, c. 349, §72 (AMD). PL 2009, c. 579, Pt. A, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2311. Fees (REPEALED)

§2311. Fees
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §§22,23 (AMD). PL 1993, c. 309, §1 (AMD). PL 1993, c. 732, §A13 (AMD). PL 1995, c. 493, §19 (AMD). PL 1997, c. 643, §L1 (AMD). PL 1999, c. 348, §15 (RP). PL 2009, c. 579, Pt. A, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2311-A. Fees (REPEALED)

§2311-A. Fees
(REPEALED)
SECTION HISTORY
PL 1999, c. 348, §16 (NEW). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2312. Enforcement; penalties (REPEALED)

§2312. Enforcement; penalties
(REPEALED)
SECTION HISTORY
PL 1989, c. 929, §7 (NEW). PL 1991, c. 520, §§24,25 (AMD). PL 1999, c. 348, §17 (RP). PL 2009, c. 579, Pt. A, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 26: TOXICS USE AND HAZARDOUS WASTE REDUCTION (REPEALED) › 38 §2313. Penalties (REPEALED)

§2313. Penalties
(REPEALED)
SECTION HISTORY
PL 1999, c. 348, §18 (NEW). PL 2009, c. 579, Pt. A, §2 (RP). PL 2009, c. 579, Pt. A, §6 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2321. Toxic chemical reduction policy; department duty

§2321. Toxic chemical reduction policy; department duty
It is the policy of the State, consistent with its duty to protect the health, safety and welfare of its citizens and the quality of the environment, to continually and as expeditiously as practicable reduce the use of toxic chemicals, particularly those identified by the State as being priority toxic chemicals, by commercial and industrial facilities through comprehensive environmental management practices, the use of inherently safer products, the use of materials and processes that are reasonably available and the more efficient use of resources. The department shall work with commercial and industrial facilities to establish goals to reduce the use of priority toxic chemicals based on the reasonable availability of safer alternatives and other factors. The policy represented in this chapter is consistent with the reduction of toxic chemicals in children’s products under chapter 16‑D.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2322. Definitions

§2322. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
1.  Alternative.
"Alternative" means a substitute process, product, material, chemical, strategy or a combination of these that serves a purpose functionally equivalent to that of a priority toxic chemical used by a commercial and industrial facility.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
2.  Commercial and industrial facility or facility.
"Commercial and industrial facility" or "facility" means an entity:
A. With an economic sector or industry code under the North American Industry Classification System of the United States Department of Commerce, United States Census Bureau; and   [PL 2009, c. 579, Pt. A, §3 (NEW).]
B. Located in the State.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
[PL 2009, c. 579, Pt. A, §3 (NEW).]
3.  Environmental management system.
"Environmental management system" means a part of an overall management system of a facility and includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of the facility through documented systematic procedures.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
4.  Priority toxic chemical.
"Priority toxic chemical" means a chemical that has been identified by the department pursuant to section 2323.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
5.  Reasonably available.
"Reasonably available" means practicable based on cost, efficacy, availability and other factors as determined by the department.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
6.  Safer alternative.
"Safer alternative" has the same meaning as in section 1691, subsection 12.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
7.  SARA.
"SARA" means the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
8.  Toxic chemical.
"Toxic chemical" means a chemical that has been identified as a chemical of concern pursuant to section 1693 or a chemical the use or release of which is subject to reporting under the SARA, Title III, Section 312 or 313.
[PL 2011, c. 319, §12 (AMD).]
9.  Use.
"Use" means to manufacture, process or otherwise use a priority toxic chemical or to use a product or material that contains a priority toxic chemical if so designated by the department in rules adopted under this chapter.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW). PL 2011, c. 319, §12 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2323. Identification of priority toxic chemicals

§2323. Identification of priority toxic chemicals
1.  Identification of chemicals.
By July 1, 2011, the department, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, shall establish by rule a list of no more than 10 priority toxic chemicals.
A. A chemical may be included on the list only if it has been identified on the basis of credible scientific evidence by an authoritative state or federal governmental agency, or on the basis of other scientific evidence considered authoritative by the department, as being known as or reasonably anticipated to be:
(1) A carcinogen, a reproductive or developmental toxicant or an endocrine disruptor;
(2) Persistent, bioaccumulative and toxic; or
(3) Very persistent and very bioaccumulative.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
B. In determining whether to include a chemical on the list, the department may consider the following factors:
(1) The risk of worker exposure to the chemical;
(2) The threat posed to human health and the environment;
(3) The threat to the health and safety of a community if the chemical is released accidentally;
(4) The pervasiveness of the chemical’s use in the State; and
(5) The existence of a reasonably available safer alternative.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
[PL 2009, c. 579, Pt. A, §3 (NEW).]
2.  Review and revision of list.
The department shall review and revise the list under subsection 1 every 3 years, except that the department may revise the list more frequently if it determines that the addition of a toxic chemical to the list of priority toxic chemicals is necessary to protect human health and the environment or if more credible and recent scientific evidence justifies deletion of a chemical from the list.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
3.  Identification of products and materials containing priority toxic chemical.
The department, in consultation with the Department of Health and Human Services, Maine Center for Disease Control and Prevention, may identify by rule products and materials containing a priority toxic chemical and may specify that use of those products and materials is subject to the requirements of this chapter.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2326. Technical assistance and recognition programs

§2326. Technical assistance and recognition programs
The department shall develop a technical assistance program for commercial and industrial facilities that use priority toxic chemicals and products and materials containing priority toxic chemicals. The goal of a technical assistance program must be to reduce use of priority toxic chemicals by such facilities and to help these facilities achieve the reduction goals established in their environmental management systems or pollution prevention plans under section 2325. The department shall determine the facilities most in need of technical assistance and shall establish priorities based on a number of factors, including, but not limited to, the availability of safer alternatives, the toxicity of the chemical used by particular facilities, the size and resources of those facilities and the resources available to the department.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
The department may develop a recognition program to promote the reduction in use of priority toxic chemicals and to recognize commercial and industrial facilities in the State for their achievements in reducing their use of priority toxic chemicals.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2327. Penalties

§2327. Penalties
The owner or operator of a facility subject to the requirements of this chapter that fails to meet any requirement of this chapter is subject to penalties under section 349.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2328. Exemptions

§2328. Exemptions
The department may exempt classes of facilities and specific uses of priority toxic chemicals by commercial and industrial facilities from the requirements of this chapter if the department determines that no reasonably available safer alternative exists, that the chemical is naturally occurring or that application of this chapter is unlikely to result in the reduction of the use of a priority toxic chemical.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
A facility subject to the requirements of this chapter may file an application for an exemption from some or all of the requirements of this chapter on a form developed by the department. The department shall rule on a request for an exemption within 120 days of receipt of an application.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2329. Rules

§2329. Rules
The department shall adopt rules to implement this chapter. Rules adopted by the department pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 27: PRIORITY TOXIC CHEMICAL USE REDUCTION › 38 §2330. Fees

§2330. Fees
The commissioner shall deposit all money received in payment of fees under this section in a separate nonlapsing account within the Maine Hazardous Waste Fund to cover expenses incurred by the department in the administration of this chapter.   [PL 2009, c. 579, Pt. A, §3 (NEW).]
1.  Facilities subject to reporting under SARA, Title III, Section 312.
An owner or operator of a facility that is required to report the presence of extremely hazardous substances under the SARA, Title III, Section 312 shall submit $100 for each extremely hazardous substance reported by the facility to the department annually by October 1st. For purposes of this subsection, "extremely hazardous substance" has the same meaning set forth in the SARA, Title III, Section 302 and listed in 40 Code of Federal Regulations, Part 355.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
2.  Facilities subject to reporting under SARA, Title III, Section 313.
An owner or operator of a facility that is required to report the release of chemicals under the SARA, Title III, Section 313 shall submit $100 for each toxic release inventory chemical reported by the facility to the department annually by October 1st. For purposes of this subsection, "toxic release inventory chemical" means any substance in a gaseous, liquid or solid state listed pursuant to the SARA, Title III, Section 313 and listed in 40 Code of Federal Regulations, Part 372.65.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
3.  Hazardous waste generators.
Generators that ship 661 pounds or more of hazardous waste in a calendar year shall pay the following fees to the department annually by October 1st: for generators that ship 5,000 pounds or more of hazardous waste in a calendar year, the fee is $1,000; for generators that ship between 2,640 pounds and 4,999 pounds per calendar year, the fee is $500; and for generators that ship between 661 pounds and 2,639 pounds per calendar year, the fee is $100. Generators that ship less than 661 pounds of hazardous waste in a calendar year are not required to pay fees under this section.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
4.  Fee limitation.
A facility subject to fees under this section may not be assessed more than $1,000 per year.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
5.  Effective date.
This section takes effect July 1, 2012.
[PL 2009, c. 579, Pt. A, §3 (NEW).]
SECTION HISTORY
PL 2009, c. 579, Pt. A, §3 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2401. Definitions (REPEALED)

§2401. Definitions
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1993, c. 418, §3 (AMD). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP). PL 1995, c. 65, §A151 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2007, c. 466, Pt. A, §73 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2402. Inspection requirement (REPEALED)

§2402. Inspection requirement
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). RR 1993, c. 2, §38 (COR). PL 1993, c. 418, §§4-8 (AMD). PL 1993, c. 683, §B4 (AMD). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP). PL 1995, c. 65, §A152 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2007, c. 466, Pt. A, §74 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2403. Motor Vehicle Emission Inspection Program (REPEALED)

§2403. Motor Vehicle Emission Inspection Program
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1993, c. 418, §§9,10 (AMD). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2404. Public emission inspection stations; contract (REPEALED)

§2404. Public emission inspection stations; contract
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2405. Fleet emission inspection stations; license (REPEALED)

§2405. Fleet emission inspection stations; license
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1993, c. 418, §11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2406. Prohibited acts (REPEALED)

§2406. Prohibited acts
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2407. Inspection fee (REPEALED)

§2407. Inspection fee
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1993, c. 418, §12 (AMD). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 28: MOTOR VEHICLE EMISSION INSPECTION PROGRAM (REPEALED) › 38 §2408. Motor Vehicle Emission Inspection Fund (REPEALED)

§2408. Motor Vehicle Emission Inspection Fund
(REPEALED)
SECTION HISTORY
PL 1991, c. 818, §2 (NEW). PL 1993, c. 418, §13 (AMD). PL 1995, c. 49, §2 (RP). PL 1995, c. 50, §2 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 30: ACE SERVICE CENTER › 38 §2451. ACE Service Center

§2451. ACE Service Center
1.  Establishment.
The ACE Service Center, referred to in this section as "the center," is established within the department to provide certain administrative services to the Department of Agriculture, Conservation and Forestry and the Department of Environmental Protection, which are referred to in this section as "the departments." Administrative services include, but are not limited to, support services in financial and human resources, inventory management, courier services and such other functions as may be determined jointly by the commissioners of the departments. The center's purpose is to provide administrative services in an efficient and cost-effective manner to the departments. The center is under the authority of the Commissioner of Environmental Protection, who shall provide for the administration of the center. The Commissioner of Environmental Protection shall establish service level agreements with the departments and shall provide for the equitable sharing of the cost of the center and its administration among the departments.
[PL 2003, c. 673, Pt. LL, §1 (AMD); PL 2011, c. 657, Pt. W, §5 (REV).]
2.  Transfer of property.
The commissioners of the departments shall approve the transfer of such property and equipment as needed for the operation of the center.
[PL 1995, c. 502, Pt. K, §1 (NEW); PL 1995, c. 502, Pt. K, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 502, §K1 (NEW). PL 1995, c. 502, §K2 (AFF). PL 2003, c. 673, §LL1 (AMD). PL 2011, c. 657, Pt. W, §5 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3001. Short title

§3001. Short title
This chapter may be known and cited as the Uniform Environmental Covenants Act.   [PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3003. Nature of rights

§3003. Nature of rights
1.  Holder.
Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When the department is the agency determining or approving the environmental response project pursuant to which an environmental covenant is created, the department shall identify all holders of the environmental covenant and may identify the department as a holder, notwithstanding any other provision of law. Notwithstanding section 568, subsection 5‑A and section 1364, subsection 7 or any other provision of law, the department may be a holder of an environmental covenant and approval of the board is not required.
[PL 2005, c. 370, §1 (NEW).]
2.  Right of agency.
A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.
[PL 2005, c. 370, §1 (NEW).]
3.  Obligations.
An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights or protections granted or imposed under law other than this chapter except as provided in the covenant.
[PL 2005, c. 370, §1 (NEW).]
4.  Priority of recorded interests.
The priority of recorded interests is governed by other law, including law relating to the police powers of the State and public policies protecting health and the environment, and is unaffected by this Act, except as provided in section 3009, subsection 3 for tax liens.
[PL 2005, c. 370, §1 (NEW).]
5.  Signature on record.
If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing boards of the owners' association.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3004. Contents of environmental covenant

§3004. Contents of environmental covenant
1.  Required contents.
An environmental covenant must:
A. State that the instrument is an environmental covenant executed pursuant to this chapter;   [PL 2005, c. 370, §1 (NEW).]
B. Contain a legally sufficient description of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]
C. Describe the activity and use limitations on the real property;   [PL 2005, c. 370, §1 (NEW).]
D. Identify every holder;   [PL 2005, c. 370, §1 (NEW).]
E. Be signed by the agency, every holder and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant, except that the agency may not waive signature by an owner of the fee simple who is the current occupant of the real estate, if any; and   [PL 2005, c. 370, §1 (NEW).]
F. Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.   [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
2.  Permissible contents.
In addition to the information required by subsection 1, an environmental covenant may contain other information, restrictions and requirements agreed to by the persons that signed it, including:
A. Any requirements for notice following transfer of a specified interest in the property subject to the covenant, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting any contamination on the property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]
B. Any requirements for periodic reporting describing compliance with the covenant;   [PL 2005, c. 370, §1 (NEW).]
C. Any rights of access to the property granted in connection with implementation or enforcement of the covenant;   [PL 2005, c. 370, §1 (NEW).]
D. A brief narrative description of any contamination and its remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination;   [PL 2005, c. 370, §1 (NEW).]
E. Any limitation on amendment or termination of the covenant in addition to those contained in sections 3009 and 3010; and   [PL 2005, c. 370, §1 (NEW).]
F. Any rights of the holder in addition to the holder's right to enforce the covenant pursuant to section 3011.   [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
3.  Additional signatories.
In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3005. Validity; effect on other instruments

§3005. Validity; effect on other instruments
1.  Runs with land.
An environmental covenant that complies with this chapter runs with the land.
[PL 2005, c. 370, §1 (NEW).]
2.  Valid and enforceable.
An environmental covenant that is otherwise effective is valid and enforceable even if:
A. It is not appurtenant to an interest in real property;   [PL 2005, c. 370, §1 (NEW).]
B. It can be or has been assigned to a person other than the original holder;   [PL 2005, c. 370, §1 (NEW).]
C. It is not of a character that has been recognized traditionally at common law;   [PL 2005, c. 370, §1 (NEW).]
D. It imposes a negative burden;   [PL 2005, c. 370, §1 (NEW).]
E. It imposes an affirmative obligation on a person having an interest in the real property or on the holder;   [PL 2005, c. 370, §1 (NEW).]
F. The benefit or burden does not touch or concern real property;   [PL 2005, c. 370, §1 (NEW).]
G. There is no privity of estate or contract;   [PL 2005, c. 370, §1 (NEW).]
H. The holder dies, ceases to exist, resigns or is replaced; or   [PL 2005, c. 370, §1 (NEW).]
I. The owner of an interest subject to the environmental covenant and the holder are the same person.   [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
3.  Instrument recorded prior to effective date of chapter.
An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before the effective date of this chapter is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection 2 or because it was identified as an easement, servitude, deed restriction or other interest. This chapter does not apply in any other respect to such an instrument.
[PL 2005, c. 370, §1 (NEW).]
4.  Not invalidate or render unenforceable.
This chapter does not invalidate or render unenforceable any interest, condition, declaration, covenant or environmental covenant, regardless of how designated, that is otherwise enforceable under the law of this State, whether created before or after the adoption of this chapter, including, without limitation, those adopted pursuant to section 343‑E.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3006. Relationship to other land-use law

§3006. Relationship to other land-use law
This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter.   [PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3007. Notice

§3007. Notice
1.  Provision of copy.
A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to:
A. Each person who signed the covenant;   [PL 2005, c. 370, §1 (NEW).]
B. Each person holding a recorded interest in the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]
C. Each person in possession of the real property subject to the covenant;   [PL 2005, c. 370, §1 (NEW).]
D. Each municipality or other unit of local government in which real property subject to the covenant is located; and   [PL 2005, c. 370, §1 (NEW).]
E. Any other person the agency requires.   [PL 2005, c. 370, §1 (NEW).]
[PL 2005, c. 370, §1 (NEW).]
2.  Effect of failure to provide copy.
The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 31: UNIFORM ENVIRONMENTAL COVENANTS ACT › 38 §3008. Recording

§3008. Recording
1.  Recording required.
An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee.
[PL 2005, c. 370, §1 (NEW).]
2.  Subject to laws governing recording priority.
Except as otherwise provided in section 3009, subsection 3, an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.
[PL 2005, c. 370, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 370, §1 (NEW).