reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES › 38 §490-BB. Enforcement and penalties

§490-BB. Enforcement and penalties
The department shall administer and enforce the provisions of this article.   [PL 1995, c. 700, §35 (NEW).]
1.  Stop-work order.
The department may order the owner or operator of a quarry that is not operating in compliance with this article to cease operations until the noncompliance is corrected.
[PL 1995, c. 700, §35 (NEW).]
2.  Penalty.
A person who violates a provision of this article commits a civil violation and is subject to the penalties established under section 349. Penalties assessed for enforcement actions taken by the State are payable to the State.
[PL 1995, c. 700, §35 (NEW).]
3.  Reclamation.
If, after an opportunity for a hearing, the commissioner determines that the owner of an excavation site or the person who was engaged in the excavation activity at the excavation site has violated this article, the commissioner shall direct the department staff or contractors under the supervision of the commissioner to enter on the property and carry out the necessary reclamation. The person engaged in mining or any affiliated person who guarantees performance at the excavation site is liable for the reasonable expenses of this necessary reclamation. The commissioner may use the bond or other security paid under section 490‑Z, subsection 13, paragraph F to meet the reasonable expenses of reclamation.
[PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §35 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES › 38 §490-CC. Variances

§490-CC. Variances
An owner or operator must comply with the performance standards in section 490‑Z unless a variance from those performance standards is approved by the department. Except when prohibited by section 490‑Z, the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. The department may adopt rules that set forth the standards for granting a variance from the performance standards in this article. Such rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A. A variance application must include any fee applicable under section 490‑EE. The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules.   [PL 2005, c. 602, §7 (AMD).]
The department shall publish a timetable for responding to variance applications in the same manner prescribed in section 344‑B. A variance is not valid unless approved by the department and, if a municipality is the regulator, the municipality. In making its decision on a variance application, the department shall consider comments or information received and the compliance record of the owner or operator. The department shall inform the owner or operator of any significant concerns or issues raised.   [PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §35 (NEW). PL 2005, c. 602, §7 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES › 38 §490-DD. Municipal enforcement; registration

§490-DD. Municipal enforcement; registration
A municipality may register for authority to enforce this article by adopting and submitting to the commissioner an ordinance that meets or exceeds the provisions of this article. The commissioner shall review that ordinance to determine whether that ordinance meets the provisions of this article and if the municipality has adequate resources to enforce the provisions of this article. If the commissioner determines that the ordinance meets the provisions of this article and that the municipality has the resources to enforce this article, the commissioner shall register that municipality for authority to enforce this article. Immediately upon approval by the commissioner, primary enforcement authority for this article vests in that municipality. The commissioner may not approve an ordinance under this section unless the ordinance requires that any request for a variance from the standards in the article be approved by the commissioner before the variance is valid.   [PL 1995, c. 700, §35 (NEW).]
1.  Relation to home rule.
This section may not be construed to limit a municipality's authority under home rule to adopt ordinances regulating quarries.
[PL 1995, c. 700, §35 (NEW).]
2.  Optional participation.
This article may not be construed to require a municipality to adopt any ordinance.
[PL 1995, c. 700, §35 (NEW).]
3.  Suspension of approval.
The commissioner may act to enforce any provision of this article or suspend the registration of a municipality if the commissioner determines that a municipal ordinance no longer conforms to the provisions of this article or that the municipality is not adequately enforcing this article. The commissioner shall notify a municipality of any such determination in writing. Suspension of municipal registration by the commissioner does not void or in any way affect a municipal ordinance or in any way limit the municipality's authority to enforce the provisions of its ordinance.
[PL 1995, c. 700, §35 (NEW).]
4.  Appeal.
A municipality may appeal to the board any decision of the commissioner under this section. Any decision by the board on appeal by a municipality constitutes final agency action.
[PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §35 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES › 38 §490-FF. Release

§490-FF. Release
The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department. The department shall inspect the site before making this determination. The release will terminate if any further excavation on the parcel is proposed by the owner or operator or a transferee. A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490‑Y and comply with all requirements of this article. Payment of the annual fee under section 490‑EE will resume in the year when the further excavation begins.   [PL 2005, c. 158, §17 (NEW).]
SECTION HISTORY
PL 2005, c. 158, §17 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 9: MAINE METALLIC MINERAL MINING ACT › 38 §490-LL. Short title

§490-LL. Short title
This article may be known and cited as "the Maine Metallic Mineral Mining Act."   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
SECTION HISTORY
PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 9: MAINE METALLIC MINERAL MINING ACT › 38 §490-SS. Mining and reclamation report

§490-SS. Mining and reclamation report
1.  Filing requirement.
A permittee shall file with the department a mining and reclamation report on or before March 15th of each year, during the period the mine is operating, during suspension of mining operations and during the post-closure monitoring period. The mining and reclamation report must contain the following:
A. A description of the status of mining and reclamation operations;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. An update of the contingency plan. The permittee shall provide a copy of the update to the municipality or county commissioners, as applicable;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
C. A report of monitoring results for the preceding calendar year;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
D. A report of the total tons of material mined from the mining area and the amount of metallic product by weight produced from the mine for the preceding calendar year; and   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
E. A list of the notifications required under subsection 2 for the preceding calendar year.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
2.  Notification requirement.
A permittee shall promptly notify the department and each municipality in which the mining area and the affected area are located, or, in the unorganized territory, the county commissioners for each county in which the mining area and the affected area are located, of any incident, act of nature or exceedance of a permit standard or condition related to the mining operation that has created, or may create, a threat to the environment, natural resources or public health and safety.
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3.  Records.
Records must be retained as follows.
A. Records upon which mining and reclamation reports are based must be preserved by the permittee for 6 years. The permittee shall make the records available to the department upon request.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. Records upon which incident reports under subsection 2 are based must be preserved by the permittee for 6 years or until the end of the post-closure monitoring period, whichever is later.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
SECTION HISTORY
PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 9: MAINE METALLIC MINERAL MINING ACT › 38 §490-TT. Violations

§490-TT. Violations
1.  Permittee required to correct violations.
If the department determines that a permittee has violated this chapter, a rule adopted under this article, an order of the department or a mining permit issued under this article, the department shall require the permittee to correct the violation and the department may pursue enforcement action pursuant to sections 347‑A, 348 and 349.
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
2.  Imminent endangerment.
If the department determines that a violation under subsection 1 is causing or resulting in an imminent and substantial endangerment to the public health or safety, environment or natural resources, the department shall take action necessary to abate or eliminate the endangerment. Such action may include one or more of the following:
A. Revoking the mining permit as authorized by section 342, subsection 11‑B;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. Issuing an order to the permittee requiring immediate suspension of mining activities, including, but not limited to, the removal of metallic product from the site;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
C. Issuing an order to the permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment; and   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
D. Issuance of an emergency order as authorized by section 347‑A, subsection 3.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3.  Effect of revocation or suspension.
The revocation of a mining permit or suspension of mining activities under subsection 2 does not relieve a permittee of the responsibility to complete closure, reclamation, operation and maintenance and monitoring, to maintain financial assurance required under section 490‑RR and to undertake all appropriate measures to protect the environment, natural resources and public health and safety.
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
4.  Compliance with Maine Administrative Procedure Act.
The department shall comply with the Maine Administrative Procedure Act in its actions under this section.
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
SECTION HISTORY
PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §491. Applicability of provisions -- Article I

§491. Applicability of provisions -- Article I
It is agreed between the signatory states that this compact shall apply to streams, ponds and lakes which are contiguous to 2 or more signatory states or which flow through 2 or more signatory states or which have a tributary contiguous to 2 or more signatory states or flowing through 2 or more signatory states, and shall apply to tidal waters ebbing and flowing past the boundaries of 2 states.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §491-A. Reaffirmation of support -- Article I-A

§491-A. Reaffirmation of support -- Article I-A
The State reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality and the quality requirements of water based recreation and other uses, the New England Interstate Water Pollution Control Commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this State first enacted the compact, as may be appropriate.   [PL 1969, c. 166, §1 (NEW).]
SECTION HISTORY
PL 1969, c. 166, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §492. Creation of commission -- Article II

§492. Creation of commission -- Article II
The New England Interstate Water Pollution Control Commission, as heretofore created and in this subchapter referred to as the commission, shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.
This State concurs in the conferring of any powers or duties on the New England Interstate Water Pollution Control Commission by other states in addition to those conferred by provision of this compact.   [PL 1969, c. 166, §2 (NEW).]
The concurrence is subject to the following limitations:   [PL 1969, c. 166, §2 (NEW).]
1.  Limitations.
Unless this State specifically confers a power or duty on the commission, other than one conferred by the compact itself, no financial or other burden or duties shall be placed upon this State, or any agency, officer or subdivision thereof by reason of the conferring or exercise of the powers or duty. At any time, the Governor, Attorney General or the Treasurer of State shall have the power to make inquiry of the commission and to examine its books and records in order to ascertain the state of compliance with this compact.
[PL 1969, c. 166, §2 (NEW).]
2.  Rights.
The rights, privileges and responsibilities of this State with respect to the New England Interstate Water Pollution Control Compact and the commission established thereby shall not be limited or impaired.
[PL 1969, c. 166, §2 (NEW).]
3.  Account.
The commission shall include in its annual report to the Governor and the Legislature of this State a full account of any additional powers or duties administered by it.
[PL 1969, c. 166, §2 (NEW).]
SECTION HISTORY
PL 1969, c. 166, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §493. Membership of commission -- Article III

§493. Membership of commission -- Article III
The commission consists of 5 commissioners from each signatory state, each of whom must be a resident voter of the state from which the commissioner is appointed. The commissioners must be chosen in the manner and for the terms provided by law of the state from which they are appointed. For each state there must be on the commission a member representing the state health department, a member representing the state water pollution control board, if such exists, and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests and a member representing an agency acting for fisheries or conservation.   [RR 2021, c. 2, Pt. B, §237 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §237 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §495. Standards and classifications -- Article V

§495. Standards and classifications -- Article V
It is recognized, owing to such variable factors as location, size, character and flow and the many varied uses of the waters subject to the terms of this compact, that no single standard of sewage and waste treatment and no single standard of quality of receiving waters is practical and that the degree of treatment of sewage and industrial wastes should take into account the classification of the receiving waters according to present and proposed highest use, such as for drinking water supply, industrial and agricultural uses, bathing and other recreational purposes, maintenance and propagation of fish life, shellfish culture, navigation and disposal of wastes.
The commission shall establish reasonable physical, chemical and bacteriological standards of water quality satisfactory for various classifications of use. It is agreed that each of the signatory states through appropriate agencies will prepare a classification of its interstate waters in entirety or by portions according to present and proposed highest use and for this purpose technical experts employed by state departments of health and state water pollution control agencies are authorized to confer on questions relating to classification of interstate waters affecting 2 or more states. Each signatory state agrees to submit its classification of its interstate waters to the commission for approval. It is agreed that after such approval, all signatory states through their appropriate state health departments and water pollution control agencies will work to establish programs of treatment of sewage and industrial wastes which will meet standards established by the commission for classified waters. The commission may from time to time make such changes in definitions of classifications and in standards as may be required by changed conditions or as may be necessary for uniformity.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §496. Abatement and control of pollution -- Article VI

§496. Abatement and control of pollution -- Article VI
Each of the signatory states pledges to provide for the abatement of existing pollution and for the control of future pollution of interstate inland and tidal waters as described in Article I, and to put and maintain the waters thereof in a satisfactory condition consistent with the highest classified use of each body of water.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §496-B. Water quality network -- Article VI-B

§496-B. Water quality network -- Article VI-B
The commission, in cooperation with this State and such other states signatory to the New England Interstate Water Pollution Control Compact as may participate, shall establish and maintain a water quality sampling and testing network. The network shall, to the fullest extent practicable, rely upon the sampling and testing programs of this State, such other participating states, and upon information available from agencies of the Federal Government, and shall not duplicate any of their activities. However, if the sampling and testing programs of this State and other states, and the information available from agencies of the Federal Government are insufficient to provide the commission with records of water quality adequate for its needs, the commission may supplement the sampling and testing otherwise available to it.   [PL 1969, c. 166, §4 (NEW).]
Sampling pursuant to this section shall be at points at or near the places where waters cross a boundary of this State, and the samples shall be tested in order to determine their quality. The sampling and testing provided for herein shall be scheduled by the commission or in accordance with its requests, and shall include such factors or elements as the commission shall request. Any sampling and testing done by the Commissioner of Environmental Protection of this State as part of the activities of the commission's network shall be reported fully and promptly by such agency to the commission, together with the results thereof.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §105 (AMD).]
SECTION HISTORY
PL 1969, c. 166, §4 (NEW). PL 1969, c. 431, §9 (AMD). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A40,B105 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §496-C. Limitations -- Article VI-C

§496-C. Limitations -- Article VI-C
Unless otherwise conferred by law, the commission shall not have power to issue permits or licenses in connection with the discharge or treatment of wastes, or pass upon plans or specifications for particular waste treatment or collection equipment or facilities.   [PL 1969, c. 166, §4 (NEW).]
SECTION HISTORY
PL 1969, c. 166, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §497. Additional controls; pending actions -- Article VII

§497. Additional controls; pending actions -- Article VII
Nothing in this compact shall be construed to repeal or prevent the enactment of any legislation or prevent the enforcement of any requirement by any signatory state imposing any additional condition or restriction to further lessen the pollution of waters within its jurisdiction. Nothing herein contained shall affect or abate any action now pending brought by any governmental board or body created by or existing under any of the signatory states.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §498. Appropriations -- Article VIII

§498. Appropriations -- Article VIII
The signatory states agree to appropriate for the salaries, office, administrative, travel and other expenses such sum or sums as shall be recommended by the commission. The Commonwealth of Massachusetts obligates itself only to the extent of $6,500 in any one year, the State of Connecticut only to the extent of $3,000 in any one year, the State of Rhode Island only to the extent of $1,500 in any one year, and the States of New Hampshire, Maine and Vermont each only to the extent of $1,000 in any one year.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §499. Separability of provisions -- Article IX

§499. Separability of provisions -- Article IX
Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §500. Negotiation with New York state -- Article X

§500. Negotiation with New York state -- Article X
The commission is authorized to discuss with appropriate state agencies in New York state questions of pollution of waters which flow into the New England area from New York state or vice versa and to further the establishment of agreements on pollution abatement to promote the interests of the New York and New England areas.
Whenever the commission by majority vote of the members of each signatory state shall have given its approval and the state of New York shall have taken the necessary action to do so, the state of New York shall be a party to this compact for the purpose of controlling and abating the pollution of waterways common to New York and the New England states signatory to this compact but excluding the waters under the jurisdiction of the Interstate Sanitation Commission (New York, New Jersey and Connecticut).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 1: COMPACT › 38 §501. Effective date -- Article XI

§501. Effective date -- Article XI
This compact shall become effective immediately upon the adoption of the compact by any 2 contiguous states of New England but only insofar as applies to those states and upon approval by federal law. Thereafter upon ratification by other contiguous states, it shall become effective as to those states.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §531. Execution by Governor; form of execution

§531. Execution by Governor; form of execution
The Governor of this State is authorized and directed to execute a compact, on behalf of the State of Maine, with any one or more of the states of New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island and New York, to be known as the New England Interstate Water Pollution Control Compact, heretofore adopted by the states of Massachusetts, Connecticut, Rhode Island, New York, Vermont and New Hampshire and approved by Act of the Congress of the United States, and to execute any supplementary agreements with the states now parties to such compact and the operation thereof.
When the Governor, on behalf of the State, executes such compact or any agreement supplementary thereto, the Governor shall affix the Governor's signature thereto under a recital that the compact or agreement is executed pursuant to the provisions thereof, subject to the limitations and qualifications contained in this subchapter.   [RR 2021, c. 2, Pt. B, §239 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §239 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §532. Commissioners; appointment

§532. Commissioners; appointment
There shall be 5 members, hereinafter in this subchapter called Commissioners of the New England Interstate Water Pollution Control Commission from the State of Maine, as authorized by Title 5, section 12004‑K, subsection 3. One commissioner shall be the Commissioner of Health and Human Services and one the Commissioner of Environmental Protection or a designee. The term of any such commissioner shall terminate at the time that commissioner ceases to hold said state office and a successor in that office shall be the successor as commissioner on this commission. The Governor shall appoint 3 more commissioners who shall be citizens of the State, one to represent municipal interests, one to represent industrial interests and one to represent the public generally. The term of the last 3 said commissioners shall be for a period of 3 years and shall hold office until a successor shall be appointed and qualified. The terms of each of the initial 5 members shall begin at the date of the appointment, provided the said compact shall then have been executed by the Governor of this State as prescribed in section 531; otherwise they shall begin upon the effective date of the compact in accordance with section 537.   [PL 1989, c. 503, Pt. B, §176 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
Any commissioner may be removed from office by the Governor upon charges and after a hearing.
SECTION HISTORY
PL 1969, c. 431, §9 (AMD). PL 1969, c. 504, §51 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 293, §4 (AMD). PL 1975, c. 771, §421 (AMD). PL 1983, c. 812, §292 (AMD). PL 1985, c. 162, §8 (AMD). PL 1989, c. 503, §B176 (AMD). PL 2003, c. 689, §B7 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §533. -- compensation

§533. -- compensation
The commissioners shall serve without compensation but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §534. Reservations and limitations

§534. Reservations and limitations
Notwithstanding any contrary provisions hereinbefore contained, it is hereby specifically provided that
1.  Classification.
The members representing the State of Maine on the New England Interstate Water Pollution Control Commission shall have no authority to vote in favor of or to commit said State of Maine or any administrative agency thereof or any municipal corporation or administrative agency thereof, or any person, firm or corporation therein,
A. To any classification of the interstate waters of the State of Maine or to any standards of water quality appertaining to any such classification, which in any aspect shall impose a higher classification or higher water quality than are established by the laws of the State of Maine for such waters, or
B. To any classification and pertinent standards of water quality in respect to such interstate waters of the State of Maine as have not been assigned a classification under the laws of the State of Maine.
2.  Prior classifications and standards.
No classification of waters or standards of water quality thereto appertaining which shall have been approved by the New England Water Pollution Control Commission prior to August 20, 1955, as established in section 537, shall be binding upon the State of Maine or any administrative agency thereof or any municipal corporation or administrative agency thereof, or any person, firm or corporation therein, with relation to any interstate waters of the State of Maine.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §535. Appropriations

§535. Appropriations
The State agrees to appropriate from the General Fund and contribute to the commission such annual amount as may be required for its several purposes under the terms of the compact, not in excess of $1,000, which limitation is imposed by the State as a condition under which it becomes a party thereto. The State, as a further condition under which it becomes a party to the compact, reserves the right to withdraw therefrom at any time upon 60 days' notice to the chair of the commission.   [RR 2021, c. 2, Pt. B, §240 (COR).]
The Governor shall determine if and when it is for the best interests of the State to withdraw from the compact. In the event the Governor determines that the State should withdraw from the compact, the Governor has full power and authority to give the notice as required herein and to take any and all steps necessary and proper to effect the withdrawal of the State from the compact.   [RR 2021, c. 2, Pt. B, §240 (COR).]
SECTION HISTORY
RR 2021, c. 2, Pt. B, §240 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §536. Interpretation and purpose

§536. Interpretation and purpose
The form and contents of such compact are as set forth in this subchapter and the effect of its provisions shall be interpreted and administered in conformity with this subchapter.
New England Interstate Water Pollution Control Compact
Whereas, the growth of population and the development of the territory of the New England states has resulted in serious pollution of certain interstate streams, ponds and lakes, and of tidal waters ebbing and flowing past the boundaries of 2 or more states; and
Whereas, such pollution constitutes a menace to the health, welfare and economic prosperity of the people living in such area; and
Whereas, the abatement of existing pollution and the control of future pollution in the interstate waters of the New England area are of prime importance to the people and can best be accomplished through the cooperation of the New England states in the establishment of an interstate agency to work with the states in the field of pollution abatement; now, therefore, the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont do agree and are bound as provided in this subchapter.
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 2: INTERSTATE WATER POLLUTION CONTROL › Article 2: ADMINISTRATIVE PROVISIONS › 38 §537. Effective date

§537. Effective date
This compact, when executed by the Governor as prescribed in section 531, shall be deemed to be fully adopted and shall thereupon become binding upon the State of Maine as between it and the several other signatory states agreeably to the true tenor and extent thereof. Such compact, supplementary agreements and notices of withdrawal shall be filed in the office of the Secretary of State of the State of Maine.
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 §543. Pollution and corruption of waters and lands of the State prohibited

§543. Pollution and corruption of waters and lands of the State prohibited
The discharge of oil into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or other waters of the State or any public or private water supply or onto lands adjacent to, on, or over such waters of the State is prohibited.   [PL 1985, c. 496, Pt. A, §8 (AMD).]
Notwithstanding the prohibition of this section, the department may license the discharge of waste, refuse or effluent, including natural drainage contaminated by oil into or upon any coastal waters if, and only if, it finds that the discharge will be receiving the best available treatment and that the discharge will not degrade existing water quality, perceptibly violate the classification of the receiving waters or create any visible sheen upon the receiving waters. A license is not required and a person may not be considered in violation of this section for the discharge of oil to surface waters of the State if the discharge occurs in the process of recovering, containing, cleaning up or removing an oil spill to surface waters and is undertaken in compliance with the instructions of the commissioner or the commissioner's designee.   [PL 1993, c. 333, §2 (AMD).]
In acting upon an application for any such license, the department shall follow the provisions of subchapter I insofar as they are applicable.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §108 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1973, c. 423, §11 (AMD). PL 1977, c. 375, §5 (AMD). PL 1983, c. 785, §11 (AMD). PL 1985, c. 496, §A8 (AMD). PL 1989, c. 890, §§A40,B108 (AMD). PL 1993, c. 333, §2 (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 §544. Powers and duties of the board

§544. Powers and duties of the board
The powers and duties conferred by this subchapter shall be exercised by the department and shall be deemed to be an essential governmental function in the exercise of the police power of the State.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §109 (AMD).]
1.  Jurisdiction.
The rights, powers and duties conferred on the department and other persons under this subchapter extend to a distance of 12 miles from the coastline of the State.
[PL 1993, c. 355, §8 (AMD).]
2.  Licenses.
Licenses required under this subchapter shall be secured from the department subject to such terms and conditions as are set forth in this subchapter.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §109 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A40,B109 (AMD). PL 1993, c. 355, §8 (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 §545. Operation without license prohibited

§545. Operation without license prohibited
No person shall operate or cause to be operated an oil terminal facility as defined in this subchapter without a license.   [PL 1969, c. 572, §1 (NEW).]
1.  Expiration of license.
Licenses are issued upon application and are for a period of not less than 12 months to expire no later than 60 months after the date of issuance. The department may issue a temporary license for a shorter period of time if it finds that the applicant has substantially complied but has failed to comply with one or more provisions of existing rules. Licenses are issued subject to such terms and conditions determined by the department as necessary to carry out the purposes of this subchapter.
[PL 1993, c. 355, §9 (AMD).]
2.  Renewal of licenses.
As a condition precedent to the issuance or renewal of a license the department shall require satisfactory evidence that the applicant has or is in the process of implementing state and federal plans and rules and regulations for control of pollution related to oil and the abatement thereof when a discharge occurs.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §111 (AMD).]
3.  Exemptions.
The Legislature finds and declares that the likelihood of significant damage to marine, estuarine and terrestrial environment, due to spills of oil, petroleum products and their by-products by the following classes of persons, is remote due to the limited nature of their operations and the small quantities stored, and accordingly exempts the same from the licensing requirements imposed by this section:
A. Persons engaged in the business of servicing the fuel requirements of pleasure craft, fishing boats and other commercial vessels, where the purchaser and the consumer are the same entity and the serviced vessel is 200 feet or less in overall length.   [PL 1993, c. 355, §10 (AMD).]
[PL 1993, c. 355, §10 (AMD).]
4.  Certain vessels included.
Licenses issued to any fixed or permanent oil terminal facility must include vessels under the direction or control of such facility and used to transport oil, between such fixed or permanent facility and vessels within state waters. Any person operating or causing to be operated a vessel used to transport oil between a permanent or fixed oil terminal facility and vessels within state waters, which vessel is not subject to the direction or control of that permanent oil terminal facility, shall obtain a license as required by this section. This subsection does not apply to vessels engaged in oil spill response activities.
[PL 1991, c. 698, §5 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1977, c. 375, §§6,7 (AMD). PL 1989, c. 890, §§A40,B110, 111 (AMD). PL 1991, c. 698, §5 (AMD). PL 1993, c. 355, §§9,10 (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 §545-A. Underground oil storage facilities (REPEALED)

§545-A. Underground oil storage facilities
(REPEALED)
SECTION HISTORY
PL 1983, c. 785, §12 (NEW). PL 1985, c. 496, §A9 (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 §545-B. Registration of transportation of oil in inland areas

§545-B. Registration of transportation of oil in inland areas
Effective October 1, 1988, any person who transports by rail or highway more than 25 barrels of oil into Maine at any one time must register annually with the commissioner.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §112 (AMD).]
SECTION HISTORY
PL 1987, c. 750, §2 (NEW). PL 1989, c. 890, §§A40,B112 (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 §546-B. Sensitive area identification and protection

§546-B. Sensitive area identification and protection
1.  Sensitive area identification and data management.
The commissioner, in consultation with the Department of Marine Resources, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and other appropriate agencies and organizations, both public and private, shall assess the nature and extent of sensitive areas and resources in the marine environment that may be threatened by oil spills and develop a system to collect and maintain the necessary data. The commissioner shall ensure that the duplication of effort among agencies and creation of incompatible data and databases are minimized.
[PL 2011, c. 655, Pt. KK, §28 (AMD); PL 2011, c. 655, Pt. KK, §34 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).]
2.  Protection priorities.
[PL 1991, c. 698, §9 (RP).]
3.  Use of state geographic information system.
The system developed pursuant to subsection 1 must be based on the state geographic information system to the maximum extent practicable. The commissioner is responsible for the design, implementation and execution of the marine oil spill prevention, planning and response system. The commissioner shall specify the format and types of data to be compiled by other agencies with money supplied by the fund. The format and digital conversion of the data must comply with standards developed by the state geographic information system and data must be added to that system's data base. The state geographic information system must provide technical assistance and serve as the final repository for final geographic information system data. Any persons employed for sensitive area mapping and supported by money from the fund must be involved in the digitization, quality assurance and control and training for sensitive area mapping. Development must proceed in 3 phases as follows:
A. A pilot project for Casco Bay to be completed by December 31, 1991;   [PL 1991, c. 454, §6 (NEW).]
B. The Penobscot River and Penobscot Bay area to be completed in 1992; and   [PL 1991, c. 454, §6 (NEW).]
C. The remainder of the coastline to be completed in 1993.   [PL 1991, c. 454, §6 (NEW).]
[PL 1991, c. 454, §6 (NEW).]
SECTION HISTORY
PL 1991, c. 454, §6 (NEW). PL 1991, c. 698, §9 (AMD). PL 2011, c. 655, Pt. KK, §28 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
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 §546-C. Wildlife rehabilitation plan

§546-C. Wildlife rehabilitation plan
1.  Wildlife rehabilitation plan.
The Department of Inland Fisheries and Wildlife, in consultation with the Department of Environmental Protection, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and other appropriate agencies and organizations, shall develop a plan for rehabilitation of oil spill damaged wildlife resources. This plan must include:
A. Policies, priorities and guidelines to address rehabilitation activities;   [PL 1991, c. 454, §6 (NEW).]
B. An analysis of the cost-effectiveness of wildlife rehabilitation efforts;   [PL 1991, c. 454, §6 (NEW).]
C. A mechanism for the use of volunteers, with due regard for their safety;   [PL 1991, c. 454, §6 (NEW).]
D. Identification of needed resources and facilities for rehabilitation efforts and an inventory of those available;   [PL 1991, c. 454, §6 (NEW).]
E. Preliminary agreements with treatment centers or facilities; and   [PL 1991, c. 454, §6 (NEW).]
F. Recommendations on implementation of the plan and any required training efforts.   [PL 1991, c. 454, §6 (NEW).]
[PL 1991, c. 454, §6 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
SECTION HISTORY
PL 1991, c. 454, §6 (NEW). PL 2011, c. 657, Pt. W, §5 (REV).
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 §549. Personnel and equipment

§549. Personnel and equipment
The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment 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 Maine Ground and Surface Waters Clean-up and Response Fund established by this subchapter. The commissioner and the Director of the Division of Geology, Natural Areas and Coastal Resources shall periodically consult with each other relative to procedures for the prevention of oil discharges into the coastal waters of the State from offshore drilling production facilities. Inspection and enforcement employees of the department in their line of duty under this subchapter have the powers of a constable.   [PL 2015, c. 319, §15 (AMD).]
SECTION HISTORY
PL 1969, c. 572, §1 (NEW). PL 1971, c. 544, §134 (AMD). PL 1971, c. 618, §12 (AMD). PL 1979, c. 541, §A267 (AMD). PL 1983, c. 483, §10 (AMD). PL 1985, c. 496, §A12 (AMD). PL 1985, c. 785, §B178 (AMD). PL 1989, c. 890, §§A40,B115 (AMD). PL 1995, c. 502, §E32 (AMD). PL 1999, c. 556, §36 (AMD). PL 2011, c. 655, Pt. KK, §29 (AMD). PL 2011, c. 655, Pt. KK, §34 (AFF). PL 2013, c. 405, Pt. C, §23 (AMD). PL 2015, c. 319, §15 (AMD).