| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 37-B MRSA §797, sub-§7, as enacted by PL 1989, c. 464, §3 and | | amended by c. 929, §2, is further amended to read: |
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| | | 7. Transportation. A description of the manner in which the | substance is shipped to the facility; and |
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| | | Sec. 2. 37-B MRSA §797, sub-§8, as enacted by PL 1989, c. 929, §3, is | | amended to read: |
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| | | 8. Progress toward toxics use reduction goals. For those | | persons required to submit a form under this section for | | extremely hazardous substances, a report on the progress made by | | the facility toward meeting the toxics use reduction goals | established in Title 38, section 2303.; and |
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| | | Sec. 3. 37-B MRSA §797, sub-§9 is enacted to read: |
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| | | 9.__Spill prevention and control.__If the facility is an | | aboveground oil storage facility as defined under Title 38, | | section 562-A, subsection 1-A, a statement certifying that | | underground piping at the facility meets the requirements of | | Title 38, section 570-K, subsection 3 and that a spill prevention | | control and countermeasure plan has been prepared and implemented | | for the facility if required under federal regulations | | promulgated pursuant to the Federal Water Pollution Control Act, | | 33 United States Code, Sections 1321 and 1361. |
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| | | Sec. 4. 37-B MRSA §806, sub-§5 is enacted to read: |
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| | | 5.__Enforcement by Commissioner of Environmental Protection.__ | | The Commissioner of Environmental Protection may take enforcement | | action under Title 38, section 347-A, whenever, after | | investigation, it appears that a person has failed to provide the | | certification required under section 797, subsection 9, or has | | made a false certification. |
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| | | Sec. 5. 38 MRSA §569-A, sub-§10, as enacted by PL 1991, c. 817, §26, | | is repealed and the following enacted in its place: |
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| | | 10.__Reimbursement to fund.__The commissioner shall seek | | recovery for the use of the fund of all sums expended from the | | fund, including overdrafts, for the purposes described in | | subsection 8, paragraphs B, D, E, H and J, or for other damage | | incurred by the State in connection with a prohibited discharge, | | including interest computed at 15% a year from the date of | | expenditure, unless the commissioner determines that the amount | | involved is too small or the likelihood of success is too | | uncertain or unless the commissioner finds an applicant to be |
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