LD 1493
pg. 6
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LR 1863
Item 1

 
D.__For an owner of overboard discharge with an annual
income between $75,001 and $100,000, 35%;

 
E.__For an owner of overboard discharge with an annual
income over $100,000, 25%; and

 
F.__For a publicly owned overboard discharge facility, 50%
to a maximum of $150,000.

 
For purposes of this subsection, "annual income" means the sum of
all the property owner's federal taxable income for the previous
year for single family dwellings, gross profits for the previous
year for commercial establishments and gross rents for the
previous year for rental properties, as listed on the relevant
federal income tax returns.

 
Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, §14,
is repealed and the following enacted in its place:

 
4. Reimbursement.__The commissioner shall utilize grants under
this section to reimburse individuals for the cost of removing
any overboard discharge, subject to the provisions of subsection
2-A, when:

 
A. The removal occurred after September 30, 1989 but was
carried out according to plans and specifications approved
by the commissioner in advance of construction and prior to
the offering of a grant under this section;

 
B. The removal resulted in the elimination of sources of
contamination to shellfish areas or public nuisance
conditions; and

 
C.__The removal is required under section 413, subsection 3
or section 414-A, subsection 1-B.

 
Sec. 6. 38 MRSA §413, sub-§3, as amended by PL 1989, c. 890, Pt. B,
§28 and affected by Pt. A, §40, is further amended to read:

 
3. Transfer of ownership. In the event that any person
possessing a license issued by the department transfers the
ownership of the property, facility or structure that is the
source of a licensed discharge, without transfer of the license
being approved by the department, the license granted by the
department continues to authorize a discharge within the limits
and subject to the terms and conditions stated in the license,
provided that the parties to the transfer are jointly and
severally liable for any violation thereof until such time as the
department approves transfer or issuance of a waste discharge


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