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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, remedial | | design, technical impracticability 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 properties within the | | area identified by the United States Environmental Protection | | Agency as the institutional control zone in order to implement the | | institutional controls selected by the United States Environmental | | Protection Agency. |
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| | | A past cost settlement share may not be paid from the fund to a | | person if the United States Environmental Protection Agency has | | waived payment of the share based on the person's financial | | capacity. The authority may condition payments related to the | | Plymouth waste oil disposal site on receipt of an ability-to-pay | | determination from the agency. |
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| | The authority, pursuant to Title 5, chapter 375, subchapter II | | shall adopt rules for determining eligibility, feasibility, | | terms, conditions, security and fees for the loans, including | | deferred loans. The authority shall adopt rules that provide for | | a simplified loan application process for loan requests of under | | $2000. Rules adopted pursuant to this subsection are routine | | technical rules as defined in Title 5, chapter 375, subchapter | II-A | | all loans. Loan repayment must be deferred until the United | | States Environmental Protection Agency determines that | | construction of the final remedy is complete. If the total | | amount of the loan requests exceeds funds available under section | | 1023-L, the authority shall prorate the amount of the loan | | available to each applicant by the ratio of the funds available | | to the total loans requested. |
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| | | Sec. 2. 10 MRSA §1023-M, sub-§2-B is enacted to read: |
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| | | 2-B.__Deadline for applications.__Applications submitted | | pursuant to subsection 2 must be received within 90 days after | | the effective date of this subsection, except that the authority | | may extend that deadline by an additional period of time not to | | exceed 60 days for good cause shown. |
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| | | This bill specifies that money in the Waste Oil Clean-up Fund | | may be used for the costs of remedial design and technical | | impracticability study. |
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