Maine Revised Statutes Title 38 Sec. 569-C – Limited exemption from liability for state or local governmental entities
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1. Limited exemption from liability. Liability under section 570 does not apply to the State or any political subdivision that acquired ownership or control of an oil storage facility through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign. The exemption from liability provided under this subsection does not apply if:
A. The State or political subdivision causes, contributes to or exacerbates a discharge or threat of discharge from the facility; or [PL 2011, c. 206, §18 (NEW).]
B. After acquiring ownership of the facility and upon obtaining knowledge of a release or threat of release, the State or political subdivision does not:
(1) Notify the department within a reasonable time after obtaining knowledge of a discharge or threat of discharge;
(2) Provide reasonable access to the department and its authorized representatives so that necessary response actions may be conducted; and
(3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment. [PL 2011, c. 206, §18 (NEW).]
[PL 2011, c. 206, §18 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 569-C
- Discharge: means any spilling, leaking, pumping, pouring, emitting, escaping, emptying or dumping. See Maine Revised Statutes Title 38 Sec. 562-A
- facility: means an aboveground oil storage facility or an underground oil storage facility. See Maine Revised Statutes Title 38 Sec. 562-A
- Oil: means oil, oil additives, petroleum products and their by-products of any kind and in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, oil mixed with other nonhazardous waste, crude oils and all other liquid hydrocarbons regardless of specific gravity. See Maine Revised Statutes Title 38 Sec. 562-A
2. Reimbursement for department expenses. Notwithstanding the exemption from liability provided in subsection 1, the State or any political subdivision that acquires or has acquired ownership of property that encompasses an oil storage facility pursuant to any of the proceedings referred to in subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period in which the State or political subdivision had ownership of the property, up to the amount of the proceeds from the sale or disposition of the property minus any unpaid taxes on the property and the out-of-pocket costs of the sale or disposition.
[PL 2011, c. 206, §18 (NEW).]
SECTION HISTORY
PL 2011, c. 206, §18 (NEW).