| | | 1. Responsible party. The responsible party or the person | | causing the discharge is liable for all acts and omissions of | its servants and agents which that are committed within the | | course and scope of their employment. |
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| | | 2. State, municipalities and counties to recover for | | expenditures for removal. Any person who permits, causes or | | is responsible for a prohibited discharge shall reimburse the | State and, municipalities and counties for all costs incurred, | | including personnel costs, in removing the discharge, | | including costs for ensuring public safety. Funds recovered | | under this section must be deposited to the account from which | | they were expended. Requests from the State for reimbursement, | | if not paid within 30 days of demand, may be turned over to | | the Attorney General for collection or may be submitted to a | | collection agency or agent or an attorney retained by the | | department with the approval of the Attorney General pursuant | | to Title 5, section 191, or, for municipal or county cost, to | | the District Attorney for collection. |
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| | | In any suit to enforce claims of the State or, a | | municipality or county under this section, it is not necessary | for the State or a, municipality or county to plead or prove | | negligence in any form or manner on the part of the person | | causing, permitting or responsible for the discharge. The | State or, municipality or county need only plead and prove the | | fact of the prohibited discharge and that the discharge | | occurred while the hazardous matter was in the custody or | | control of the person causing, permitting or responsible for | | the discharge. |
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| | | This bill defines the term "county official" for the Maine | | Revised Statutes, Title 30-A, Part 1. It repeals certain | | provisions of law relating to the county budget process and | | the provision of law that gives county commissioners the power | | to borrow in anticipation of taxes. It corrects cross- | | references to these repealed provisions of law. It also | | permits a county to recover for expenditures for the removal | | of certain discharges from the person responsible for those | | discharges. |
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