LD 1711
pg. 2
Page 1 of 4 An Act to Clarify the Law Governing Disbursements from the Groundwater Oil Clea... Page 3 of 4
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LR 940
Item 1

 
applicable standard deductible amount required under paragraph A,
the applicant shall pay on a per occurrence basis one or more of
the and all applicable conditional deductible amounts specified in
paragraphs B and C to the extent applicable. Conditional
deductibles must be paid by the applicant regardless of whether the
applicant owned or operated the facility or tank at the time of the
failure to comply with a requirement specified in paragraph B.

 
Sec. 4. 38 MRSA §569-A, sub-§8, ¶A, as amended by PL 1997, c. 364, §32,
is further amended to read:

 
A. Administrative expenses, personal services and equipment
costs of the department related to the administration and
enforcement of this subchapter, except that total
disbursements for personal services may not exceed
$2,000,000 $2,250,000 per fiscal year, multiplied by an
annual adjustment factor of 4% beginning in fiscal year
1999;

 
Sec. 5. 38 MRSA §569-A, sub-§8, ¶N, as enacted by PL 1997, c. 613, §3,
is amended to read:

 
N. Sums up to $750,000 $1,250,000 annually in fiscal years
1998-99 and 1999-2000 only, during the 2-year period
commencing July 1, 1998 and ending June 30, 2000 to
distribute to community action agencies as defined in Title
22, section 5321 to be used for loans and grants to
retrofit, repair or replace aboveground and underground oil
storage tanks and associated piping at single-family
residences. Money may not be disbursed from the fund for
the purposes of this paragraph until the department has
presented a plan for such disbursements to the Fund
Insurance Review Board. A community action agency shall
administer the funds in accordance with program operating
standards, including the allocation formula established by
the Maine State Housing Authority for its weatherization
program.

 
Sec. 6. 38 MRSA §570, first ¶, as amended by PL 1997, c. 624, §5, is
further amended to read:

 
The intent of this subchapter is to provide the means for
rapid and effective cleanup and to minimize direct and indirect
damages and the proliferation of 3rd-party claims. Accordingly,
each responsible party is jointly and severally liable for all
disbursements made by the State pursuant to section 569-A,
subsection 8, paragraphs B, D, E, H and J, or other damage
incurred by the State, except for costs found by the commissioner
to be eligible for coverage under the fund. The term "other
damages," as used in this paragraph, includes interest computed


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