Maine Revised Statutes Title 22 Sec. 2660-E – Fees related to primacy
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In addition to fees authorized under Title 22?A, section 210, the commissioner may impose an annual operation fee upon each public water system in the State. [PL 2023, c. 405, Pt. A, §60 (AMD).]
1. Rules. The department shall establish fee formulas by rules adopted in accordance with the Maine Administrative Procedure Act. The department must consult with and consider the advice of the commission in preparing the rules. Proposed rules issued by the department under this section must include the fee formulas and collection and transfer schedules developed by the commission. Fee formulas adopted under this section must be equitable. Fees may be based on, but are not limited to, the population served, service connections, volume of water pumped or available seats, campsites, rooms or lots, and may include fixed or graduated fee formulas or combinations of the fee formulas. The base fee may be no more than $75 per year per public water system.
[PL 2009, c. 15, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2660-E
- Commission: means the Maine Public Drinking Water Commission. See Maine Revised Statutes Title 22 Sec. 2660-B
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Primacy: means the federally delegated primary enforcement authority to adopt, implement and enforce federally mandated drinking water standards promulgated pursuant to the federal Safe Drinking Water Act as amended. See Maine Revised Statutes Title 22 Sec. 2660-B
- public water system: includes any collection, treatment, storage or distribution pipes or other constructed conveyances, structures or facilities under the control of the supplier of water and used primarily in connection with such a system, and any collection or pretreatment storage facilities not under that control that are used primarily in connection with such a system. See Maine Revised Statutes Title 22 Sec. 2601
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Collection and disposition of fees. Fees adopted under this section cover the period beginning July 1, 1993 and must be collected by each public water system in monthly, quarterly or annual increments. Fees collected by public water systems under this section are state fees. The department shall establish schedules for the collection and transfer of fees to the State with the advice of the commission.
[RR 1995, c. 2, §40 (COR).]
3. Suspension and reinstatement of fees. Fees imposed under this section are suspended on the first day of the calendar quarter following any calendar quarter in which primacy is withdrawn by the Federal Government. Fees suspended under this subsection may be reinstated on the first day of the calendar quarter following the quarter in which the State regains primacy.
[PL 1993, c. 410, Pt. DD, §4 (NEW).]
SECTION HISTORY
PL 1993, c. 410, §DD4 (NEW). RR 1995, c. 2, §40 (COR). PL 1995, c. 581, §4 (AMD). PL 1997, c. 705, §13 (AMD). PL 2009, c. 15, §1 (AMD). PL 2023, c. 405, Pt. A, §60 (AMD).