LD 1588
pg. 13
Page 12 of 18 An Act To Amend Certain Laws Administered by the Department of Environmental Pr... Page 14 of 18
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LR 379
Item 1

 
secondary containment. The discharge must be reported and removed
as provided under section 1318, subsection 2 1318-B, subsections 1
and 3.

 
Sec. 28. 38 MRSA §1318-B, sub-§1, as amended by PL 1997, c. 364, §39,
is further amended to read:

 
1. Reporting. Except as provided in this subsection, the
responsible party or person causing the discharge shall report a
discharge immediately to the Department of Public Safety, which
shall immediately notify the Commissioner of Environmental
Protection and the public safety agency of the municipality in
which the discharge takes place. Upon submission to the
commissioner of a written spill prevention control and clean-up
plan that meets the criteria of section 1318-C, subsection 1, a
discharge containing a hazardous matter that is covered by the
plan must be reported only if the discharge equals or exceeds the
applicable reportable quantity for that particular hazardous
matter as specified in Code of Federal Regulations, Title 40,
Parts 302.4, 302.5 and 302.6 (b)(1), revised as of July 1, 1996
2002, or when the discharge extends or spreads beyond the area on
the site covered by the spill prevention control and clean-up
plan.

 
Sec. 29. 38 MRSA §1365, sub-§1, as enacted by PL 1983, c. 569, §1, is
repealed and the following enacted in its place:

 
1.__Investigation.__Upon finding, after investigation, that a
location at which hazardous substances are or were handled or
otherwise came to be located may create a danger to the public
health, to the safety of any person or to the environment, the
commissioner may:

 
A.__Designate that location as an uncontrolled hazardous
substance site;

 
B.__Order any responsible party dealing with the hazardous
substances to cease immediately or to prevent that activity
and to take an action necessary to terminate or mitigate the
danger or likelihood of danger; and

 
C.__Order any person contributing to the danger or
likelihood of danger to cease or prevent that contribution.

 
Sec. 30. 38 MRSA §1365, sub-§3, as enacted by PL 1983, c. 569, §1, is
amended to read:

 
3. Service. Service of a copy of the commissioner's findings
and an order shall must be made pursuant to by hand delivery by
an authorized representative of the department or by


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