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Attorney General in the name of the State in the Superior Court for | | the judicial district in which the real estate subject to the lien | | is located. |
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| | | Sec. 6. 38 MRSA §569-B, sub-§4-A is enacted to read: |
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| | | 4-A.__Penalty for late payment of fees.__Fees assessed under | | subsection 4 are due to the department on or before the last day | | of the month immediately following the month in which the oil was | | transferred.__Licensees who fail to pay the fee by that date | | shall pay an additional amount equal to 10% of the amount | | assessed under subsection 4. |
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| | | Sec. 7. 38 MRSA §569-B, sub-§6-A, as enacted by PL 1997, c. 364, §35, | | is amended to read: |
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| | | 6-A. Lien. All costs incurred by the State in the removal, | | abatement and remediation of a prohibited discharge of oil from | | an aboveground or underground storage facility and all costs | | incurred by the State in the abandonment of any underground oil | | storage facility or tank under section 566-A, subsection 4 are a | | lien against the real estate of the responsible party. |
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| | | A certificate of lien signed by the commissioner must be sent by | | certified mail to the responsible party prior to being recorded | | and may be filed in the office of the clerk of the municipality | | in which the real estate is located. The lien is effective when | | the certificate is recorded with the registry of deeds for the | | county in which the real estate is located. The certificate of | | lien must include a description of the real estate, the amount of | | the lien and the name of the owner as grantor. |
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| | | When the amount for which a lien has been recorded under this | | subsection has been paid or reduced, the commissioner, upon | | request by any person of record holding interest in the real | | estate that is the subject of the lien, shall issue a certificate | | discharging or partially discharging the lien. The certificate | | must be recorded in the registry in which the lien was recorded. | | Any action of foreclosure of the lien must be brought by the | | Attorney General in the name of the State in the Superior Court | | for the judicial district in which the real estate subject to the | | lien is located. |
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| | | Sec. 8. 38 MRSA §570-E, as enacted by PL 1985, c. 496, Pt. A, §14, | | is amended to read: |
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| | | Rules adopted by the board under this subchapter shall must be | | submitted for review by the joint standing committee of the | Legislature having jurisdiction over energy and natural resources | and, until December 1, 1987, to the joint standing committee of | the Legislature having jurisdiction over audit and program review | matters. In reviewing the rules promulgated adopted by the board |
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