Sec. 1. 22 MRSA §42, sub-§3-C is enacted to read:

3-C.__Reports.__The department shall require that soil evaluators licensed by the department file a copy of each soil evaluation report prepared pursuant to Title 38, section 439-A both with the department and the municipality in which the evaluation is conducted.

Sec. 2. 38 MRSA §439-A, sub-§3, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §47, is further amended to read:

3. Soil evaluation reports. Any other law notwithstanding, when a zoning ordinance adopted in conformity with this article requires a written report of soil suitability for subsurface waste disposal or commercial or industrial development, that report must be prepared and signed by a duly qualified person who has made an on-the-ground evaluation of the soil properties involved. A copy of each soil evaluation report prepared pursuant to this article must be filed both with the Department of Human Services and the municipality in which the evaluation is conducted. Persons qualified to prepare these reports must be certified by the Department of Human Services and include Maine State Certified Soil Scientists, Maine Registered Professional Engineers, Maine State Certified Geologists and other persons who have training and experience in the recognition and evaluation of soil properties and can provide proof of this training and experience in a manner specified by the Department of Human Services. The Department of Human Services may promulgate rules for the purpose of establishing training and experience standards required by this subsection.

SUMMARY

This bill requires a licensed site evaluator to file a copy of any soil evaluation report prepared by the evaluator with both the Department of Human Services and the municipality in which the evaluation is conducted.