| | | D.__For an owner of overboard discharge with an annual | | income between $75,001 and $100,000, 35%; |
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| | | E.__For an owner of overboard discharge with an annual | | income over $100,000, 25%; and |
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| | | F.__For a publicly owned overboard discharge facility, 50% | | to a maximum of $150,000. |
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| | | 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. |
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| | | Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, §14, | | is repealed and the following enacted in its place: |
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| | | 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: |
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| | | 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; |
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| | | B. The removal resulted in the elimination of sources of | | contamination to shellfish areas or public nuisance | | conditions; and |
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| | | C.__The removal is required under section 413, subsection 3 | | or section 414-A, subsection 1-B. |
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| | | 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: |
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| | | 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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