Chapter 13-B: Uncontrolled Hazardous Waste Sites

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites TOC

§1361. Findings and purposes

"The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners and users of property near or adjacent to uncontrolled sites...."

§ 1362 Definitions

"...B. Any substance which has not been so designated by the United States Environmental Protection Agency may be identified by rule as hazardous matter by the board. "

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

1 Tech Services.  2 Rules.   3.  Investigation and evaluation, 4 Designation.  5 Mitigation 

§1365. Designation of uncontrolled hazardous substance sites

Investigation. 

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A. Designate that  location as an uncontrolled hazardous substance site; [PL 2005, c. 330, §34 (NEW).]
B. Order any responsible party dealing with the hazardous substances to cease immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger; and 
C. Order any person contributing to the danger or likelihood of danger to cease or prevent that contribution.

§1366. Abatement, clean up and mitigation costs.  "Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. "

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages   "Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and for the abatement, cleanup or mitigation of the threats or hazards posed or potentially posed by an uncontrolled site, including, without limitation, all costs of acquiring property. "

§1367-B. Limited exemption from liability for state or local governmental entities

"Liability under section 1367 does not apply to the State or any political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign."

§1367-C. Limit on obligation to replace or treat water supply wells

1.  Delineated contaminated area.  Neither the commissioner nor any responsible party is obligated under this chapter to reimburse any person for the expense of treating or replacing the well if the well is installed in an area delineated by the department as contaminated as provided in section 548, subsection 1; a

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity "neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule promulgated or directive issued in the implementation of this chapter, may be liable for the death of or injury to persons, or damage to property, as a result of that activity. "

§1370. Property forfeited

"The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319-U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 
1. Real estate. 
2. Moneys.

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]

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short version

from Maine Revised Statutes
Title 38: WATERS AND NAVIGATION

Chapter 13-B: Uncontrolled Hazardous Substance Sites

§1361. Findings and purposes

§ 1362 Definitions

§1363. Prohibited acts
No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).]

§1364. Powers and duties of the department

§1365. Designation of uncontrolled hazardous substance sites

§1366. Abatement, clean up and mitigation costs

§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages

§1367-B. Limited exemption from liability for state or local governmental entities

§1367-C. Limit on obligation to replace or treat water supply wells

§1368. Emergency 
Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor.

§1369. Immunity

§1370. Property forfeited

§1371. Lien established

[End of  Chapter 13-B: Uncontrolled Hazardous Waste Sites]