LD 1328
pg. 7
Page 6 of 7 An Act To Amend the Laws Regarding County Government LD 1328 Title Page
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LR 914
Item 1

 
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.

 
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.

 
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.

 
SUMMARY

 
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references to these repealed provisions of law.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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