LD 2016
pg. 1
LD 2016 Title Page An Act to Facilitate Compliance with Spill Prevention Requirements and Authoriz... Page 2 of 2
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LR 3017
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
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:

 
7. Transportation. A description of the manner in which the
substance is shipped to the facility; and

 
Sec. 2. 37-B MRSA §797, sub-§8, as enacted by PL 1989, c. 929, §3, is
amended to read:

 
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

 
Sec. 3. 37-B MRSA §797, sub-§9 is enacted to read:

 
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.

 
Sec. 4. 37-B MRSA §806, sub-§5 is enacted to read:

 
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.

 
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is repealed and the following enacted in its place:

 
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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