Maine Revised Statutes Title 38 Sec. 1310-H – Supervision and enforcement of schedules
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The commissioner shall monitor implementation of closure and remediation plans. In addition to any other remedy available by law, if the commissioner determines, after opportunity for public hearing, that any party responsible for the implementation of a plan has failed substantially to meet the established time schedule or has failed to execute the provisions of the plan, the commissioner may: [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §240 (AMD).]
1. Departmental implementation. Authorize the department or its agents to enter onto the site and complete the remaining provisions of the plan; and
[PL 1987, c. 517, §25 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1310-H
- Closure: means the completion of those activities specified in this article or in rules adopted pursuant to this article or a department closing order as appropriate, including, but not limited to, the placement of a cover or cap as a barrier over a landfill in order to minimize the infiltration of precipitation into the waste contained in the landfill. See Maine Revised Statutes Title 38 Sec. 1310-C
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- remediation: includes but is not limited to installation of landfill leachate collection and treatment systems; vapor extraction systems; ground water collection and treatment; or slurry walls. See Maine Revised Statutes Title 38 Sec. 1310-C
- Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C
2. Cost recovery. Initiate proceedings to recover any costs incurred by the department in implementing a plan from the party or parties responsible for implementation of the plan and, in the case of a municipal landfill, to recover from the municipality the full amount of any grants and loans made to it under this article in connection with closure and remediation of the landfill.
[PL 1987, c. 517, §25 (NEW).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 890, §§A40,B240 (AMD).