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| Sec. 2. 10 MRSA §963-A, sub-§17-A is enacted to read: |
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| | | 17-A.__Final remedy selection.__"Final remedy selection" | | means: |
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| | | A.__In the case of the Department of Environmental | | Protection, a final determination by the Commissioner of | | Environmental Protection or the commissioner's designee of | | the appropriate response action at a waste motor oil | | disposal site that is an uncontrolled hazardous substances | | site; and |
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| | | B.__In the case of the United States Environmental | | Protection Agency, the remedy selected in a final record of | | decision for the so-called Howes Corner Federal Superfund | | Site. |
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| | | Sec. 3. 10 MRSA §963-A, sub-§§47-A, 47-B, 49-G, 51-B and 51-C are enacted to | | read: |
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| | | 47-A.__Response costs.__"Response costs" means those costs | | incurred or those costs that will be incurred by the Department | | of Environmental Protection, the United States Environmental | | Protection Agency or a responsible party for investigation, | | removal, remediation and operation monitoring at a waste motor | | oil disposal site.__"Response costs" does not include salaries, | | benefits, administrative costs or other expenses that relate in | | any way to employees of the Department of Environmental | | Protection or the United States Environmental Protection Agency, | | or that relate to expenses otherwise incurred by the Department | | of Environmental Protection or the United States Environmental | | Protection Agency in the operation of the department or agency. |
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| | | 47-B.__Responsible party.__"Responsible party" has the same | | meaning set forth in Title 38, section 1362, subsection 2 and has | | the same meaning as the term "potentially responsible party" as | | defined in 40 Code of Federal Regulations, Section 304-12(m). |
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| | | 49-G.__Total response costs.__"Total response costs" means the | | total costs that have been or will be paid in association with a | | particular waste motor oil disposal site.__"Total response costs" | | includes costs incurred by the Department of Environmental | | Protection, the United States Environmental Protection Agency or | | 3rd parties in connection with the investigatory, removal or | | remedial activities regarding a waste motor oil disposal site and | | includes only those costs that are not inconsistent with | | applicable law, including 40 Code of Federal Regulations, Section | | 300, et seq.__"Total response costs" does not include salaries or | | other expenses routinely incurred by the Department of |
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