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 2: POLLUTION CONTROL › 38 §417. Certain deposits and discharges prohibited

§417. Certain deposits and discharges prohibited
No person, firm, corporation or other legal entity may place, deposit or discharge, directly or indirectly into the inland waters or tidal waters of this State, or on the ice thereof, or on the banks thereof in such a manner that it may fall or be washed into these waters, or in such a manner that the drainage from any of the following may flow or leach into these waters, except as otherwise provided by law:   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (RPR).]
1.  Forest products refuse.
Any slabs, edgings, sawdust, shavings, chips, bark or other forest products refuse;
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (NEW).]
2.  Potatoes.
Any potatoes or any part or parts of potatoes; or
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (NEW).]
3.  Refuse.
Any scrap metal, junk, paper, garbage, septage, sludge, rubbish, old automobiles or similar refuse.
[PL 2003, c. 650, §1 (AMD).]
This section does not apply to solid waste disposal facilities in operation on July 1, 1977, owned by a municipality or quasi-municipal authority if the operation and maintenance of the facility has been or is approved by the department pursuant to the requirements of chapter 13 and the rules adopted thereunder.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §34 (RPR).]
SECTION HISTORY
PL 1969, c. 431, §5 (AMD). PL 1971, c. 458, §2 (RPR). PL 1973, c. 450, §17 (AMD). PL 1977, c. 373, §33 (AMD). PL 1989, c. 890, §§A40,B34 (RPR). PL 2003, c. 650, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §417-A. Manure spreading

§417-A. Manure spreading
Notwithstanding Title 7, section 4207, when the ground is frozen, a person may not spread manure on agricultural fields within a great pond watershed unless this activity is in accordance with a conservation plan for that land on file with a state soil and water conservation district.   [PL 1997, c. 642, §6 (AMD).]
SECTION HISTORY
PL 1991, c. 838, §20 (NEW). PL 1997, c. 642, §6 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §418-A. Protection of the Penobscot River

§418-A. Protection of the Penobscot River
1.  Findings.
The Legislature finds that the Penobscot River is a unique and valuable natural resource. The Penobscot River serves as an example to the Nation that good public policy carefully implemented can restore and preserve our natural resources. The river has supported, and is again beginning to support, the greatest run of Atlantic salmon and 11 other species of anadromous fish in North America, providing a unique fishing opportunity for Maine residents and members of the Penobscot Indian Nation. The Legislature declares that the preservation and restoration of the Penobscot River is of the highest priority.
[PL 2019, c. 72, §1 (AMD).]
2.  Prohibition.
To protect water quality and aquatic resources, fisheries and fishing opportunities, and as an exercise of the public trust of the State, no person, firm, corporation, municipality or other legal entity may erect, operate, maintain or use any dam on that portion of the Penobscot River downstream from the Milford Dam located between Milford and Old Town, except that portion of the river known as the Stillwater Branch, to the southernmost point of Verona Island for any purpose not previously authorized by act, resolve or operation of law, unless specifically authorized by the Legislature.
[PL 2019, c. 72, §1 (AMD).]
3.  Study authorized.
[PL 2019, c. 72, §1 (RP).]
SECTION HISTORY
PL 1981, c. 674 (NEW). PL 2019, c. 72, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §418-B. Prohibition on application of fertilizers near great ponds

§418-B. Prohibition on application of fertilizers near great ponds
Notwithstanding any other provision of law, a person may not apply a fertilizer containing phosphorus or nitrogen within 25 feet of the normal high-water line of a great pond, except that a person may apply a fertilizer containing phosphorus or nitrogen within 25 feet but not closer than 10 feet of the normal high-water line of a great pond if applying the fertilizer using a drop spreader, rotary spreader with a deflector or targeted spray liquid. As used in this section, "fertilizer" has the same meaning as in section 419, subsection 1, paragraph A‑3.   [PL 2015, c. 75, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 75, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls

§419-B. Goals for dates of removal of transformers containing polychlorinated biphenyls
The State's goals for the dates of removal of transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million are as follows. For the purposes of this section, removal of a transformer that contains polychlorinated biphenyls may be accomplished through the retrofilling of the transformer with oil that contains polychlorinated biphenyls in concentrations below 50 parts per million.   [PL 1999, c. 193, §1 (NEW).]
1.  Transformers near surface waters.
The goal for the date of removal of pole-mounted or pad-mounted transformers owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million and that are located within 100 feet of any surface water or an elementary school or secondary school as defined in Title 20‑A, section 1 is October 1, 2005.
For the purposes of this subsection, "surface water" means a wetland mapped by the United States Fish and Wildlife Service under the National Wetlands Inventory project; a great pond as defined in section 480‑B; or a river, stream or brook as defined in section 480‑B.
[PL 1999, c. 193, §1 (NEW).]
2.  Remaining transformers.
Subject to a utility's existing commercial storage facility license for polychlorinated biphenyls issued by the department, the goal for the date of removal of all pole-mounted or pad-mounted transformers, other than those described in subsection 1, owned by public utilities that contain polychlorinated biphenyls in concentrations at or above 50 parts per million is October 1, 2011.
[PL 1999, c. 193, §1 (NEW).]
3.  Uninterruptible service.
The dates in this section may be extended to allow for adequate planning for the removal of transformers that provide electrical service to institutions for which service may not be interrupted without extensive planning, including, but not limited to, hospitals and schools.
[PL 1999, c. 193, §1 (NEW).]
4.  Exception.
This section does not apply to transformers located in substations.
[PL 1999, c. 193, §1 (NEW).]
5.  Voluntary goals.
A public utility is not required to meet the goals in this section.
[PL 1999, c. 193, §1 (NEW).]
SECTION HISTORY
PL 1999, c. 193, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §419-D. Synthetic plastic microbeads

§419-D. Synthetic plastic microbeads
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Over-the-counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 Code of Federal Regulations, Section 201.66 (2014). Such a label includes but is not limited to a drug facts panel or a statement of the active ingredients with a list of those ingredients contained in the base compound, substance or preparation.   [PL 2015, c. 4, §1 (NEW).]
B. "Personal care product" means any article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to any part of the human body for cleansing, beautifying, promoting attractiveness or altering the appearance, and any item intended for use as a component of any such article. "Personal care product" does not include a prescription drug.   [PL 2015, c. 4, §1 (NEW).]
C. "Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during their life cycle and after disposal.   [PL 2015, c. 4, §1 (NEW).]
D. "Synthetic plastic microbead" means any intentionally added nonbiodegradable solid plastic particle measuring less than 5 millimeters in size and used to exfoliate or cleanse in a product intended to be rinsed off.   [PL 2015, c. 4, §1 (NEW).]
[PL 2015, c. 4, §1 (NEW).]
2.  Prohibitions.
A person may not:
A. After December 31, 2017, manufacture for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads;   [PL 2015, c. 4, §1 (NEW).]
B. After December 31, 2018, accept for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads;   [PL 2015, c. 4, §1 (NEW).]
C. After December 31, 2018, manufacture for sale an over-the-counter drug that contains synthetic plastic microbeads; and   [PL 2015, c. 4, §1 (NEW).]
D. After December 31, 2019, accept for sale an over-the-counter drug that contains synthetic plastic microbeads.   [PL 2015, c. 4, §1 (NEW).]
[PL 2015, c. 4, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 4, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §419-E. Coal tar sealant products

§419-E. Coal tar sealant products
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar and coal tar pitch.   [PL 2019, c. 493, §1 (NEW).]
B. "Coal tar sealant product" means a surface‑applied sealant product that contains coal tar or coal tar pitch volatiles.   [PL 2019, c. 493, §1 (NEW).]
C. "Polycyclic aromatic hydrocarbons" means a group of compounds that are by‑products of incomplete combustion, that include several carcinogens and that are designated as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 United States Code, Section 9602(a).   [PL 2019, c. 493, §1 (NEW).]
[PL 2019, c. 493, §1 (NEW).]
2.  Sale of coal tar sealant products prohibited.
Beginning October 1, 2023, a person may not sell at wholesale or retail a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
[PL 2019, c. 493, §1 (NEW).]
3.  Application of coal tar sealant products prohibited.
Beginning October 1, 2024, a person may not apply on a driveway or parking area a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
[PL 2019, c. 493, §1 (NEW).]
4.  Exemptions.
A person may request an exemption from the prohibitions in subsections 2 and 3 by submitting a written request to the commissioner. The request must include the reason an exemption is needed. The commissioner may exempt a person from the prohibitions in subsections 2 and 3 if the commissioner determines that the person is researching the effects of a coal tar sealant product on the environment or the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development.
[PL 2019, c. 493, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 493, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §420-A. Dioxin monitoring program (REPEALED)

§420-A. Dioxin monitoring program
(REPEALED)
SECTION HISTORY
PL 1987, c. 762, §1 (NEW). PL 1989, c. 856, §§3-5,7 (AMD). PL 1989, c. 890, §§A40,B39,40 (AMD). RR 1991, c. 2, §142 (COR). PL 1991, c. 66, §§A8,9 (AMD). PL 1991, c. 66, §A43 (AFF). PL 1995, c. 223, §§1-3 (AMD). PL 1997, c. 179, §§1-3 (AMD). PL 1997, c. 444, §8 (AMD). PL 2001, c. 626, §10 (AMD). PL 2007, c. 565, §2 (RP). MRSA T. 38 §420-A, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §420-C. Erosion and sedimentation control

§420-C. Erosion and sedimentation control
A person who conducts, or causes to be conducted, an activity that involves filling, displacing or exposing soil or other earthen materials shall take measures to prevent unreasonable erosion of soil or sediment beyond the project site or into a protected natural resource as defined in section 480‑B. Erosion control measures must be in place before the activity begins. Measures must remain in place and functional until the site is permanently stabilized. Adequate and timely temporary and permanent stabilization measures must be taken and the site must be maintained to prevent unreasonable erosion and sedimentation.   [PL 1997, c. 502, §1 (AMD).]
A person who owns property that is subject to erosion because of a human activity before July 1, 1997 involving filling, displacing or exposing soil or other earthen materials shall take measures in accordance with the dates established under this paragraph to prevent unreasonable erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8. Adequate and timely temporary and permanent stabilization measures must be taken and maintained on that site to prevent unreasonable erosion and sedimentation. This paragraph applies on and after July 1, 2005 to property that is located in the watershed of a body of water most at risk as identified in the department's storm water rules adopted pursuant to section 420‑D and that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8. This paragraph applies on and after July 1, 2010 to other property that is subject to erosion of soil or sediment into a protected natural resource as defined in section 480‑B, subsection 8.   [PL 1997, c. 748, §1 (NEW).]
This section applies to a project or any portion of a project located within an organized area of this State. This section does not apply to agricultural fields. Forest management activities, including associated road construction or maintenance, conducted in accordance with applicable standards of the Maine Land Use Planning Commission, are deemed to comply with this section. This section may not be construed to limit a municipality's authority under home rule to adopt ordinances containing stricter standards than those contained in this section.   [PL 1995, c. 704, Pt. B, §2 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1995, c. 704, §B2 (NEW). PL 1995, c. 704, §C2 (AFF). PL 1997, c. 502, §1 (AMD). PL 1997, c. 748, §1 (AMD). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §420-E. Municipal storm water ordinances; transportation systems

§420-E. Municipal storm water ordinances; transportation systems
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Adjunct facility" includes, but is not limited to, an intermodal transportation facility, freight yard, railroad station and toll facility.   [PL 2015, c. 310, §1 (NEW).]
B. "Commercial property" includes retail service plazas, tourist information centers and other property whose primary function is commercial activity.   [PL 2015, c. 310, §1 (NEW).]
C. "Transportation system" includes, but is not limited to, a roadway; bridge; bike path, sidewalk or weighing station adjacent to a roadway or bridge; railroad line; pier; port; airport; trail; and adjunct facility to move persons or goods. "Transportation system" does not include an office building, commercial property, maintenance facility or park and ride lot.   [PL 2015, c. 310, §1 (NEW).]
[PL 2015, c. 310, §1 (NEW).]
2.  Transportation system not subject to fee or tax.
The transportation system under the jurisdiction of the Department of Transportation or the Maine Turnpike Authority is not subject to any fee or tax imposed pursuant to a municipal storm water ordinance.
[PL 2015, c. 310, §1 (NEW).]
SECTION HISTORY
PL 2015, c. 310, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §421. Solid waste disposal areas; location (REPEALED)

§421. Solid waste disposal areas; location
(REPEALED)
SECTION HISTORY
PL 1971, c. 440 (NEW). PL 1971, c. 618, §12 (AMD). PL 1971, c. 622, §138 (AMD). PL 1973, c. 156 (AMD). PL 1979, c. 472, §15 (AMD). PL 1981, c. 545, §§1,2 (AMD). PL 1989, c. 890, §§A40,B41-43 (AMD). PL 1991, c. 499, §15 (AMD). PL 1993, c. 378, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §422. Dredging permits (REPEALED)

§422. Dredging permits
(REPEALED)
SECTION HISTORY
PL 1971, c. 599 (NEW). PL 1971, c. 618, §10 (NEW). PL 1973, c. 423, §7 (AMD). PL 1973, c. 625, §273 (RP). PL 1973, c. 788, §211 (AMD). PL 1975, c. 388, §§3,4 (AMD). PL 1977, c. 564, §137 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §423. Discharge of waste from watercraft

§423. Discharge of waste from watercraft
1.  Discharge from watercraft prohibited.
A person, firm, corporation or other legal entity may not discharge, spill or permit to be discharged sewage, septic fluids, garbage or other pollutants from watercraft:
A. Into inland waters of the State;   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
B. On the ice of inland waters of the State; or   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
C. On the banks of inland waters of the State in a manner that the pollutants may fall or be washed into the waters or in a manner in which the drainage from the banks may flow into the waters.   [PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
2.  Holding tank required.
A person, firm, corporation or other legal entity may not operate upon the inland waters of the State a watercraft that has a permanently installed sanitary waste disposal system if it does not have securely affixed to the interior discharge opening of the sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of the State.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF).]
3.  Watercraft defined.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (RPR); PL 2003, c. 688, Pt. B, §15 (AFF); MRSA T. 38 §423, sub-§3 (RP).]
4.  Watercraft defined.
For the purposes of this section, "watercraft" has the same meaning as provided in Title 12, section 13001, subsection 28, except that "watercraft" includes houseboats. This subsection takes effect August 31, 2004.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 688, Pt. B, §14 (NEW); PL 2003, c. 688, Pt. B, §15 (AFF).]
5.  Penalty.
Notwithstanding section 349, subsection 2, a person who is charged with a civil violation of this section is subject to a civil penalty, payable to the State, of not less than $500 and not more than $10,000 for each day of that violation.
[PL 2017, c. 49, §1 (NEW).]
SECTION HISTORY
PL 1973, c. 625, §274 (NEW). PL 1975, c. 770, §210 (AMD). PL 1977, c. 300, §24 (AMD). PL 1979, c. 444, §10 (AMD). PL 1989, c. 502, §B49 (AMD). PL 2003, c. 277, §3 (AMD). PL 2003, c. 414, §B70 (AMD). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 452, §W6 (RPR). PL 2003, c. 452, §X2 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 688, §B14 (RPR). PL 2003, c. 688, §B15 (AFF). PL 2017, c. 49, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §423-A. Discharge of waste from motor vehicles

§423-A. Discharge of waste from motor vehicles
No person, firm, corporation or other legal entity may discharge, spill or permit to be discharged sewage, garbage or other pollutants from motor vehicles or motor vehicle trailers into the inland or coastal waters, or on the ice of the inland or coastal waters, or onto the land in such a manner that the sewage, garbage or other pollutants may fall or be washed into these waters, or in such manner that the drainage from the discharge may flow into these waters. A person who violates the provisions of this section commits a civil violation subject to the provisions of section 349, subsection 2.   [PL 1987, c. 163 (NEW).]
SECTION HISTORY
PL 1987, c. 163 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §424. Voluntary water quality monitors

§424. Voluntary water quality monitors
The Commissioner of Environmental Protection may appoint voluntary water quality monitors to serve at the will and pleasure of the commissioner.   [PL 1973, c. 572, §1 (NEW).]
Such monitors are authorized to take water samples and tests of the waters of this State at such times and at such places and in such manner as the commissioner directs and to forward such water samples and test results to the commissioner for analysis.   [RR 2021, c. 2, Pt. B, §234 (COR).]
The commissioner is authorized to provide such monitors with such sampling materials and equipment as the commissioner determines necessary. Such equipment and materials at all times remain the property of the State and must be immediately returned to the commissioner upon the commissioner's direction.   [RR 2021, c. 2, Pt. B, §234 (COR).]
Such monitors may not be construed to be employees of this State for any purpose.   [RR 2021, c. 2, Pt. B, §234 (COR).]
The commissioner or the commissioner's representative shall conduct schools to instruct the monitors in the methods and techniques of water sample taking and issue to the monitors an identification card or certificate showing their appointment and training.   [RR 2021, c. 2, Pt. B, §234 (COR).]
SECTION HISTORY
PL 1973, c. 572, §1 (NEW). RR 2021, c. 2, Pt. B, §234 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §425. Prohibited acts (REPEALED)

§425. Prohibited acts
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A83 (NEW). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §426. Special protection for outstanding river segments (REPEALED)

§426. Special protection for outstanding river segments
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A85 (NEW). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §427. Permits (REPEALED)

§427. Permits
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A86 (NEW). PL 1987, c. 192, §12 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §428. Appeal (REALLOCATED FROM TITLE 12, SECTION 7778) (REPEALED)

§428. Appeal
(REALLOCATED FROM TITLE 12, SECTION 7778)
(REPEALED)
SECTION HISTORY
PL 1979, c. 420, §1 (NEW). PL 1985, c. 481, §A48 (RAL). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §429. Penalties (REALLOCATED FROM TITLE 12, SECTION 7779) (REPEALED)

§429. Penalties
(REALLOCATED FROM TITLE 12, SECTION 7779)
(REPEALED)
SECTION HISTORY
PL 1979, c. 420, §1 (NEW). PL 1983, c. 796, §6 (RPR). PL 1985, c. 481, §A49 (RAL). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §430. Exceptions (REPEALED)

§430. Exceptions
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A87 (NEW). PL 1985, c. 746, §20 (AMD). PL 1987, c. 192, §13 (AMD). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-A: ALTERATION OF RIVERS STREAMS AND BROOKS › 38 §431. Transfer of files (REPEALED)

§431. Transfer of files
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A88 (NEW). PL 1987, c. 809, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §435. Shoreland areas

§435. Shoreland areas
To aid in the fulfillment of the State's role as trustee of its waters and to promote public health, safety and the general welfare, it is declared to be in the public interest that shoreland areas be subject to zoning and land use controls. Shoreland areas include those areas within 250 feet of the normal high-water line of any great pond, river or saltwater body, within 250 feet of the upland edge of a coastal wetland, within 250 feet of the upland edge of a freshwater wetland except as otherwise provided in section 438‑A, subsection 2, or within 75 feet of the high-water line of a stream. The purposes of these controls are to further the maintenance of safe and healthful conditions; to prevent and control water pollution; to protect fish spawning grounds, aquatic life, bird and other wildlife habitat; to protect buildings and lands from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.   [PL 1995, c. 625, Pt. B, §15 (AMD).]
It is further declared that, in accordance with Title 12, section 402, certain river and stream segments, as identified in the former Department of Conservation's 1982 Maine Rivers Study and as specifically delineated in section 437, are significant river segments and deserve special shoreland zoning controls designed to protect their natural and recreational features.   [PL 2013, c. 405, Pt. D, §15 (AMD).]
Zoning ordinances adopted pursuant to this article need not depend upon the existence of a zoning ordinance for all of the land and water areas within a municipality, notwithstanding Title 30‑A, section 4352, as it is the intention of the Legislature to recognize that it is reasonable for municipalities to treat shoreland areas specially and immediately to zone around water bodies rather than to wait until such time as zoning ordinances may be enacted for all of the land within municipal boundaries.   [PL 2011, c. 691, Pt. C, §6 (AMD).]
All existing municipal ordinances dealing with subjects of this section currently in effect and operational on April 18, 1986, are declared to be valid and shall continue in effect until rescinded, amended or changed according to municipal ordinance, charter or state law.   [PL 1987, c. 815, §§1,11 (RPR).]
SECTION HISTORY
PL 1985, c. 481, §A89 (NEW). PL 1985, c. 737, §A110 (AMD). PL 1987, c. 94, §§1,2 (AMD). PL 1987, c. 815, §§1,11 (RPR). PL 1989, c. 403, §3 (AMD). PL 1993, c. 196, §1 (AMD). PL 1995, c. 625, §B15 (AMD). PL 2011, c. 691, Pt. C, §6 (AMD). PL 2013, c. 405, Pt. D, §15 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §436. Definitions (REALLOCATED FROM TITLE 12, SECTION 4811-A) (REPEALED)

§436. Definitions
(REALLOCATED FROM TITLE 12, SECTION 4811-A)
(REPEALED)
SECTION HISTORY
PL 1973, c. 564, §2 (NEW). PL 1983, c. 458, §3 (RPR). PL 1983, c. 796, §3 (AMD). PL 1985, c. 481, §A24 (RAL). PL 1985, c. 553 (AMD). PL 1985, c. 794, §§A6,7 (AMD). PL 1987, c. 402, §A198 (AMD). PL 1987, c. 419, §9 (AMD). PL 1987, c. 815, §§2,11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §438. Municipal control (REPEALED)

§438. Municipal control
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A91 (NEW). PL 1987, c. 737, §§C84,C106 (AMD). PL 1987, c. 815, §§4,11 (RP). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 502, §A143 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §439. Requirements (REALLOCATED FROM TITLE 12, SECTION 4812-A) (REPEALED)

§439. Requirements
(REALLOCATED FROM TITLE 12, SECTION 4812-A)
(REPEALED)
SECTION HISTORY
PL 1973, c. 564, §4 (NEW). PL 1975, c. 293, §4 (AMD). PL 1975, c. 438 (AMD). PL 1985, c. 481, §A27 (RAL). PL 1987, c. 737, §§C85,C106 (AMD). PL 1987, c. 815, §§6,11 (RP). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 502, §A144 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §439-B. Contractors certified in erosion control

§439-B. Contractors certified in erosion control
1.  Definition.
For purposes of this section, "excavation contractor" means an individual or firm engaged in a business that causes the disturbance of soil, including grading, filling and removal, or in a business in which the disturbance of soil results from an activity that the individual or firm is retained to perform.
[PL 2007, c. 593, §2 (NEW).]
2.  Certification required.
An excavation contractor conducting excavation activity in a shoreland area shall ensure that a person certified in erosion control practices by the department:
A. Is responsible for management of erosion and sediment control practices at the site; and   [PL 2007, c. 593, §2 (NEW).]
B. Is present at the site each day earth-moving activity occurs for a duration that is sufficient to ensure that proper erosion and sedimentation control practices are followed.   [PL 2007, c. 593, §2 (NEW).]
The requirements of this subsection apply until erosion control measures that will permanently stay in place have been installed at the site or, if the site is to be revegetated, erosion control measures that will stay in place until the area is sufficiently covered with vegetation necessary to prevent soil erosion have been installed.
[PL 2007, c. 593, §2 (NEW).]
3.  Application.
This section does not apply to:
A. Activities resulting in less than one cubic yard of earth material being added or displaced;   [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).]
B. A person or firm engaged in agriculture or timber harvesting if best management practices for erosion and sedimentation control are used; and   [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).]
C. Municipal, state and federal employees engaged in projects associated with that employment.   [PL 2013, c. 242, §2 (NEW); PL 2013, c. 320, §13 (NEW).]
[PL 2013, c. 242, §2 (RPR); PL 2013, c. 320, §13 (RPR).]
4.  Effective date.
This section takes effect January 1, 2013.
[PL 2007, c. 593, §2 (NEW).]
SECTION HISTORY
PL 2007, c. 593, §2 (NEW). PL 2013, c. 242, §2 (AMD). PL 2013, c. 320, §13 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §440-A. Public access

§440-A. Public access
In addition to controls required in this chapter, municipalities may extend or adopt zoning and subdivision controls to protect any public rights for physical and visual access to the shoreline.   [PL 1985, c. 794, Pt. A, §9 (NEW).]
Zoning ordinances adopted or extended pursuant to this section shall be pursuant to and consistent with a comprehensive plan.   [PL 1985, c. 794, Pt. A, §9 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A9 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §442. Municipal failure to accomplish purposes (REPEALED)

§442. Municipal failure to accomplish purposes
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A92 (NEW). PL 1987, c. 815, §§8,11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §443. Cooperation (REPEALED)

§443. Cooperation
(REPEALED)
SECTION HISTORY
PL 1985, c. 481, §A93 (NEW). PL 1987, c. 815, §§9,11 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §443-A. Cooperation; enforcement

§443-A. Cooperation; enforcement
1.  Consultation with state agencies.
All agencies of State Government shall cooperate to accomplish the objectives of this article. To that end, the commissioner shall consult with the governing bodies of municipalities and with other state agencies to achieve the purposes of this article, and shall extend to municipalities all possible technical and other assistance for that purpose.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §48 (AMD).]
2.  Legal actions.
In any legal action in which the pleadings challenge the validity or legality of any ordinance adopted pursuant to this article, the Attorney General shall be made a party until removed by the Attorney General's consent.
[PL 1987, c. 815, §§10, 11 (NEW).]
3.  Remedies.
Any municipality that fails to adopt, administer or enforce zoning and land use ordinances as required under this article is subject to the enforcement procedures, equitable remedies and civil penalties set forth in sections 347‑A to 349.
[RR 2011, c. 2, §44 (COR).]
SECTION HISTORY
PL 1987, c. 815, §§10,11 (NEW). PL 1989, c. 890, §§A40,B48 (AMD). RR 2011, c. 2, §44 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §444. Enforcement (REALLOCATED FROM TITLE 12, SECTION 4815)

§444. Enforcement
(REALLOCATED FROM TITLE 12, SECTION 4815)
Any person who orders or conducts any activity in violation of a municipal ordinance adopted under this chapter is penalized in accordance with Title 30‑A, section 4452.   [PL 1991, c. 824, Pt. A, §84 (AMD).]
The Attorney General, the district attorney or municipal officers or their designee may enforce ordinances adopted under this chapter.   [PL 1985, c. 481, Pt. A, §32 (RAL).]
A public utility, water district, sanitary district or any utility company of any kind may not install services to any new structure located in a shoreland area, as defined by section 435, unless written authorization attesting to the validity and currency of all local permits required under this chapter has been issued by the appropriate municipal officials or other written arrangements have been made between the municipal officers and the utility, except that if a public utility, water district, sanitary district or utility company of any kind has installed services to a new structure in accordance with this paragraph, a subsequent public utility, water district, sanitary district or utility company of any kind may install services to the new structure without first receiving written authorization pursuant to this section.   [PL 2001, c. 40, §2 (AMD).]
SECTION HISTORY
PL 1983, c. 306, §2 (NEW). PL 1983, c. 458, §5 (NEW). PL 1983, c. 796, §5 (RPR). PL 1985, c. 481, §A32 (RAL). PL 1985, c. 737, §A112 (AMD). PL 1989, c. 403, §12 (AMD). PL 1991, c. 824, §A84 (AMD). PL 1997, c. 199, §2 (AMD). PL 2001, c. 40, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §444-A. Civil suit

§444-A. Civil suit
1.  Suit authorized.
Any water utility, as defined in Title 35‑A, section 102, may commence a civil action for injunctive relief against an owner of property in the shoreland zone when the following conditions are met.
A. A violation of a municipal shoreland zoning ordinance is alleged to have occurred.   [PL 1989, c. 733, §2 (NEW).]
B. The water utility bringing the civil action has a water supply that is directly affected by the alleged violation.   [PL 1989, c. 733, §2 (NEW).]
[PL 1989, c. 733, §2 (NEW).]
2.  Suit prohibited.
An action may not be brought under this section if the Federal Government, State Government or a municipality of the State has commenced and is pursuing an administrative, civil or criminal action to remedy the alleged violation.
[PL 1989, c. 733, §2 (NEW).]
3.  Notice.
An action may not be commenced under this section unless the plaintiff has given at least 60 days' notice to the alleged violator, the department, the Attorney General, and the municipality or municipalities in which the violation is alleged to have occurred. If the violation occurs within the jurisdiction of the Maine Land Use Planning Commission, the commission must be given notice in place of the department and the municipality.
[PL 1989, c. 733, §2 (NEW); PL 2011, c. 682, §38 (REV).]
4.  Jurisdiction.
An action may be commenced in the District Court or Superior Court in the county in which the violation is alleged to have occurred.
[PL 1989, c. 733, §2 (NEW).]
5.  Intervention.
The Attorney General may intervene in any case brought under this section.
[PL 1989, c. 733, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 733, §2 (NEW). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §445. Guidelines for shoreland zoning along significant river segments

§445. Guidelines for shoreland zoning along significant river segments
In addition to the guidelines adopted under section 438‑A, the following guidelines for the protection of the shorelands shall apply along significant river segments identified in section 437. These guidelines are intended to maintain the special values of these particular river segments by protecting their scenic beauty and undeveloped character.   [PL 1989, c. 403, §13 (AMD).]
1.  New principal structures.
New principal structures, except for structures related to hydropower facilities, shall be set back a minimum of 125 feet from the normal high-water line of the river. These structures shall be screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
2.  New roads.
Developers of new permanent roads, except for those providing access to a structure or facility allowed in the 250-foot zone, shall demonstrate that no reasonable alternative route outside of the zone exists. When roads must be located within the zone, they shall be set back as far as practicable from the normal high-water line and screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
3.  New gravel pits.
Developers of new gravel pits shall demonstrate that no reasonable mining site outside of the zone exists. When gravel pits must be located within the zone, they shall be set back as far as practicable from the normal high-water line and no less than 75 feet and screened from the river by existing vegetation.
[PL 1989, c. 403, §13 (AMD).]
SECTION HISTORY
PL 1985, c. 481, §A94 (NEW). PL 1989, c. 403, §13 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §446. Municipal ordinance review and certification

§446. Municipal ordinance review and certification
Each municipality with shorelands along significant river segments, as identified in section 437, shall review the adequacy of the zoning on these shorelands to protect the special values cited for these river segments by the former Department of Conservation's 1982 Maine Rivers Study and for consistency with the guidelines established under section 445. Prior to December 15, 1984, each such municipality shall certify to the Board of Environmental Protection either that its existing zoning for these areas is at least as restrictive as the guidelines established under section 445, or that it has amended its zoning for this purpose. This certification must be accompanied by the ordinances and zoning maps covering these areas. Failure to accomplish the purposes of this section results in adoption of suitable ordinances for these municipalities, as provided for in section 438‑A.   [PL 2013, c. 405, Pt. D, §16 (AMD).]
SECTION HISTORY
PL 1985, c. 481, §A95 (NEW). PL 1989, c. 403, §14 (AMD). RR 1991, c. 2, §144 (COR). PL 2013, c. 405, Pt. D, §16 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §447. Functionally water-dependent use zones

§447. Functionally water-dependent use zones
Municipalities are encouraged to give preference, when appropriate, to functionally water-dependent uses and may extend zoning controls to accomplish this.   [PL 1985, c. 794, Pt. A, §10 (NEW).]
A municipality may, within coastal shoreland areas, adopt zoning ordinances for functionally water-dependent uses. Municipalities may establish districts within these zones to give preference to commercial fishing and other maritime activities.   [PL 1985, c. 794, Pt. A, §10 (NEW).]
In creating such a zone, a municipality shall consider the demand for and availability of shorefront property for functionally water-dependent uses.   [PL 1985, c. 794, Pt. A, §10 (NEW).]
Zoning ordinances adopted or extended pursuant to this section shall be pursuant to and consistent with a comprehensive plan.   [PL 1985, c. 794, Pt. A, §10 (NEW).]
SECTION HISTORY
PL 1985, c. 794, §A10 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §448. Municipalities establish commercial fishing and maritime activity zones

§448. Municipalities establish commercial fishing and maritime activity zones
A municipality may, within coastal shoreland areas of that municipality, adopt zoning ordinances establishing a commercial fishing and maritime activity zone. In creating that zone, the municipality shall consider at least the following:   [PL 1989, c. 403, §15 (NEW).]
1.  Utilization.
The number of persons who fish commercially and the utilization of the shoreland area;
[RR 2021, c. 2, Pt. B, §235 (COR).]
2.  Availability.
The availability of shoreland area for commercial fishing;
[PL 1989, c. 403, §15 (NEW).]
3.  Demand for property.
The demands for shoreland property for commercial and residential purposes not related to commercial fishing or maritime activity; and
[PL 1989, c. 403, §15 (NEW).]
4.  Access.
Access to the shore and availability of space appropriate for commercial fishing and maritime activities.
[PL 1989, c. 403, §15 (NEW).]
SECTION HISTORY
PL 1989, c. 403, §15 (NEW). RR 1993, c. 1, §112 (COR). RR 2021, c. 2, Pt. B, §235 (COR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2-B: MANDATORY SHORELAND ZONING › 38 §449. Shoreland zoning report to Legislature (REALLOCATED FROM TITLE 12, SECTION 4812-D) (REPEALED)

§449. Shoreland zoning report to Legislature
(REALLOCATED FROM TITLE 12, SECTION 4812-D)
(REPEALED)
SECTION HISTORY
PL 1989, c. 403, §1 (RAL). PL 1989, c. 890, §§A40,B49 (AMD). PL 2011, c. 120, §4 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 3: ENFORCEMENT › 38 §451-B. Variances (REPEALED)

§451-B. Variances
(REPEALED)
SECTION HISTORY
PL 1975, c. 683 (NEW). PL 1983, c. 743, §12 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 3: ENFORCEMENT › 38 §452. Forms filed; right of entry; furnishing information

§452. Forms filed; right of entry; furnishing information
Persons, firms, corporations, quasi-municipal corporations, municipalities, state agencies and other legal entities shall file with the commissioner information relative to their present method of collection, disposal, composition and volume of all wastes discharged by them into any waters of the State, in a manner and on forms prescribed by the commissioner, within 30 days of receipt of those forms.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §53 (AMD).]
SECTION HISTORY
PL 1971, c. 527, §6 (AMD). PL 1971, c. 618, §12 (AMD). PL 1989, c. 890, §§A40,B53 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 3: ENFORCEMENT › 38 §453. Penalties (REPEALED)

§453. Penalties
(REPEALED)
SECTION HISTORY
PL 1969, c. 422 (AMD). PL 1971, c. 256, §3 (AMD). PL 1971, c. 618, §12 (AMD). PL 1973, c. 450, §§20,21 (AMD). PL 1977, c. 300, §27 (RP).