Maine Revised Statutes Title 38 Sec. 1319-J – Liability
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes Title 38 Sec. 1319-J
- Conveyance: means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. See Maine Revised Statutes Title 38 Sec. 1303-C
- Discharge: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of hazardous waste onto the land or into the water or ambient air. See Maine Revised Statutes Title 38 Sec. 1319-C
- Hazardous waste: means a waste substance or material, in any physical state, designated as hazardous by the board under section 1319?O. See Maine Revised Statutes Title 38 Sec. 1303-C
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Waste oil: means a petroleum-based or synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Maine Revised Statutes Title 38 Sec. 1303-C
Any person who permits, causes or is responsible for a discharge or threatened discharge of hazardous waste or waste oil shall reimburse the State for all costs incurred, including personnel costs, in the removal of the discharge or threatened discharge. Funds recovered under this section must be deposited to the account from which they were expended. Requests for reimbursement, if not made within 30 days of demand, must be turned over to the Attorney General for collection. [PL 2021, c. 186, §13 (AMD).]
In any suit to enforce claims of the State under this section, it is not necessary for the State to plead or prove negligence in any form or manner on the part of the person causing, permitting or responsible for the discharge or threatened discharge. The State need only plead and prove the fact of the discharge or threatened discharge and that the discharge or threatened discharge occurred while the hazardous waste was in the custody or control of the person causing, permitting or responsible for the discharge or threatened discharge or that the discharge or threatened discharge occurred at or involved any real property, structure, equipment or conveyance under the custody or control of that person. [PL 1981, c. 478, §7 (NEW).]
SECTION HISTORY
PL 1981, c. 478, §7 (NEW). PL 2021, c. 186, §13 (AMD).