Maine Revised Statutes Title 38 Sec. 1366 – Abatement, clean up and mitigation costs
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Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]
In the case of a site at which federal resources may be or are being used, proceeds from the sale of bonds for the evaluation and investigation of sites and for implementation of plans to abate, clean up or mitigate hazards or threats posed or potentially posed by an uncontrolled site may be used: [PL 1983, c. 569, §1 (NEW).]
1. Privately owned sites. In the case of a site that was privately owned at the time of disposal of any hazardous substances, for the state’s share of remedial action costs; and
[PL 1983, c. 569, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1366
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapter 115 or 119, or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district. See Maine Revised Statutes Title 38 Sec. 1362
- Site: includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. See Maine Revised Statutes Title 38 Sec. 1362
- uncontrolled site: means an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner that the site poses a threat or hazard to the health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate that threat or hazard. See Maine Revised Statutes Title 38 Sec. 1362
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Sites owned by state or political subdivision. In the case of a site which was owned at the time of disposal of any hazardous substances by the state or a political subdivision thereof, for the state’s share of response costs.
[PL 1983, c. 569, §1 (NEW).]
In the case of a site where federal resources are not used, the commissioner shall notify the Governor in writing. The Governor may authorize the commissioner to proceed under this chapter without those resources. In the event the State proceeds at its own expense with work eligible for federal funding, the commissioner shall present the United States Environmental Protection Agency with a demand for reimbursement. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §269 (AMD).]
SECTION HISTORY
PL 1983, c. 569, §1 (NEW). PL 1987, c. 192, §30 (AMD). PL 1989, c. 890, §§A40,B269 (AMD).