| | | Sec. 27. 10 MRSA §1023-M, sub-§2, as amended by PL 2003, c. 129, §§1 | | and 2 and affected by §5, is further amended to read: |
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| | | 2. Eligibility to participate in loan program. The authority | | may use money in the fund to carry out any power of the authority | under this section or under section 1026-S | | paragraph A, subparagraph (1), division (e), including, but not | | limited to, the pledge or transfer and deposit of money in the | | fund as security for and the application of money in the fund in | | payment of principal, interest and other amounts due on insured | | loans. Money in the fund may be used for direct loans or | | deferred loans for all or part of the costs of the Plymouth waste | | oil site remedial study, past cost settlement, implementation of | | institutional controls selected by the United States | | Environmental Protection Agency to prevent use of contaminated | | groundwater by nearby residents and time-critical removal action | | costs when the authority determines that: |
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| | | A-1. The applicant has been identified by the United States | | Environmental Protection Agency as a potentially responsible | | party with respect to the waste oil disposal site and the | | applicant is alleged by the United States Environmental | | Protection Agency to have generated waste oil from an | | address or location within the State; |
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| | | B. The applicant has signed the Administrative Order by | | Consent pursuant to United States Environmental Protection | | Agency Docket No. CERCLA 1-2000-0004; |
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| | | B-1. The applicant has signed the West Site/Hows Corner | | RI/FS Group Agreement; |
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| | | B-2. The applicant has entered into a consent decree with | | the United States and the State regarding past cost | | settlement at the Plymouth waste oil disposal site and the | | applicant is a participant in that consent decree or the | | applicant has entered into an inability-to-pay settlement | | with the United States Environmental Protection Agency; |
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| | | C. The applicant is not a state or federal agency; and |
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| | | D. There is a reasonable likelihood that the applicant will | | be able to repay the loan. |
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| | | Money in the fund may not be used for attorney's fees associated | | with costs of the Plymouth waste oil site remedial study, past | | cost settlement, implementation of institutional controls or | | time-critical removal action, except that money in the fund may | | be used for attorney's fees incurred for the preparation of | | restrictive covenants, including deed and title research, for the |
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