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secondary containment. The discharge must be reported and removed | as provided under section 1318, subsection 2 1318-B, subsections 1 | | and 3. |
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| | | Sec. 28. 38 MRSA §1318-B, sub-§1, as amended by PL 1997, c. 364, §39, | | is further amended to read: |
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| | | 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. |
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| | | Sec. 29. 38 MRSA §1365, sub-§1, as enacted by PL 1983, c. 569, §1, is | | repealed and the following enacted in its place: |
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| | | 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: |
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| | | A.__Designate that location as an uncontrolled hazardous | | substance site; |
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| | | 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 |
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| | | C.__Order any person contributing to the danger or | | likelihood of danger to cease or prevent that contribution. |
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| | | Sec. 30. 38 MRSA §1365, sub-§3, as enacted by PL 1983, c. 569, §1, is | | amended to read: |
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| | | 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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