Maine Revised Statutes > Title 38 > Chapter 12-A – Asbestos
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Terms Used In Maine Revised Statutes > Title 38 > Chapter 12-A - Asbestos
- Adult: means an individual at least 18 years of age or an emancipated individual under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102
- Adult subject to conservatorship: means an adult for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
- Adult subject to guardianship: means an adult for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Asbestos: means a group of naturally occurring minerals that separate into fibers of high tensile strength and are resistant to heat, wear and chemicals, including, but not limited to, chrysotile, amosite, crocidolite, actinolite, tremolite and anthophylite and any of these minerals that have been chemically treated or altered. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement activity: includes associated activities such as design, monitoring, analysis and inspection of any asbestos-containing material in an amount greater than 3 square feet or 3 linear feet, and conducting training for persons seeking a state certificate or license. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement contractor: means a business entity that engages in, or intends to engage in, asbestos abatement activities as a business service on property that it does not own and that employs or involves one or more asbestos abatement project supervisors, asbestos abatement design consultants, asbestos air monitors or asbestos inspectors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement design consultant: means an individual engaged in preparing and supervising the implementation of facility plans for the removal or abatement of asbestos. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement project supervisor: means an individual with responsibility for the supervision of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos abatement worker: means an individual engaging in any asbestos abatement activity for any employer. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos air analyst: means an individual engaging in the analysis of air samples for fiber count including, but not limited to asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos air monitor: means a person responsible for applying applicable rules and standards at a specific location by monitoring procedures during asbestos abatement activities in order to protect the public health from the hazards associated with exposure to asbestos. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos analytical laboratory: means a public or private entity that scientifically analyzes samples of solids, liquids or gases to determine the presence and concentration of asbestos fibers. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos bulk analyst: means an individual engaging in the analysis of bulk samples for asbestos or other material composition. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos consultant: means a business entity that engages in, or intends to engage in, the design, inspection or monitoring of asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos inspector: means an individual whose activities include, but are not limited to, collecting bulk samples and assessing the potential for exposure associated with the presence of asbestos-containing material. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos management planner: means a person who assesses hazards associated with the presence and condition of asbestos-containing materials in schools and who develops a response action plan based upon the assessment. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos professional: means an individual certified by the commissioner to engage in asbestos abatement activities, including, but not limited to, an asbestos abatement worker, an asbestos abatement project supervisor, an asbestos air monitor, an asbestos inspector, an asbestos abatement design consultant, an asbestos air analyst, an asbestos bulk analyst and an asbestos management planner. See Maine Revised Statutes Title 38 Sec. 1272
- Asbestos-containing material: means any material containing asbestos in quantities equal to or greater than 1% by volume. See Maine Revised Statutes Title 38 Sec. 1272
- Average annual net wood production rate: means the estimated average net usable amount of wood one acre of land is growing in one year. See Maine Revised Statutes Title 36 Sec. 573
- Best interest of the minor: means the standard of the best interest of the child according to the factors set forth in Title 19?A, section 1653, subsection 3. See Maine Revised Statutes Title 18-C Sec. 5-102
- Business entity: means a partnership, firm, association, corporation, sole proprietorship or other business concern. See Maine Revised Statutes Title 38 Sec. 1272
- Certificate: means a document issued to an individual by the commissioner affirming that an individual has successfully completed the training and other requirements set forth in this chapter to qualify as an asbestos professional. See Maine Revised Statutes Title 38 Sec. 1272
- Claim: includes a claim against an individual or conservatorship estate, whether arising in contract, tort or otherwise. See Maine Revised Statutes Title 18-C Sec. 5-102
- Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102
- Conservatorship estate: means the property subject to conservatorship under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Current use program: means the:
A. See Maine Revised Statutes Title 36 Sec. 501Employee: means an individual who may be permitted, required or directed by an employer in consideration of direct or indirect gain or profit, to engage in any employment. See Maine Revised Statutes Title 38 Sec. 1272 Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller. Forest land: means land used primarily for growth of trees to be harvested for commercial use, but does not include ledge, marsh, open swamp, bog, water and similar areas, which are unsuitable for growing a forest product or for harvesting for commercial use even though these areas may exist within forest lands. See Maine Revised Statutes Title 36 Sec. 573 Forest management and harvest plan: means a written document that outlines activities to regenerate, improve and harvest a standing crop of timber. See Maine Revised Statutes Title 36 Sec. 573 Forest products that have commercial value: means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material or cones or other seed products. See Maine Revised Statutes Title 36 Sec. 573 Forest type: means a stand of trees characterized by the predominance of one or more groups of key species which make up 75% or more of the sawlog volume of sawlog stands, or cordwood in poletimber stands, or of the number of trees in seedling and sapling stands. See Maine Revised Statutes Title 36 Sec. 573 Friable: means materials that, when dry, have the potential to readily release asbestos fibers when crumbled, pulverized, handled, deteriorated or subjected to mechanical, physical or chemical processes. See Maine Revised Statutes Title 38 Sec. 1272 Full conservatorship: means a conservatorship that grants the conservator all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Full guardianship: means a guardianship that grants the guardian all powers available under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Guardian: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian ad litem: means a person appointed to inform the court about, and to represent, the needs and best interest of an individual. See Maine Revised Statutes Title 18-C Sec. 5-102 Hardwood type: means forests in which maple, beech, birch, oak, elm, basswood, poplar and ash, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573 harvesting for commercial use: means the harvesting of forest products that have commercial value, as defined in subsection 3?B. See Maine Revised Statutes Title 36 Sec. 573 In-house asbestos abatement unit: means the unit of a business or public entity that engages in, or intends to engage in, asbestos abatement activities or projects solely within the confines of property owned or leased by the entity and that employs one or more asbestos abatement supervisors for asbestos abatement activities. See Maine Revised Statutes Title 38 Sec. 1272 Individual subject to conservatorship: means an adult or minor for whom a conservator has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102 Individual subject to guardianship: means an adult or minor for whom a guardian has been appointed. See Maine Revised Statutes Title 18-C Sec. 5-102 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Less restrictive alternative: includes supported decision making, appropriate technological assistance, appointment of an agent by the individual, including appointment under a power of attorney for health care or power of attorney for finances, or appointment of a representative payee. See Maine Revised Statutes Title 18-C Sec. 5-102 Letters of office: means judicial certification of guardianship or conservatorship. See Maine Revised Statutes Title 18-C Sec. 5-102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a document issued by the commissioner to a business entity or public entity affirming that the entity has met the requirements set forth in this chapter to engage in asbestos abatement activities including, but not limited to, asbestos abatement contractor, in-house asbestos abatement unit, asbestos consultant, asbestos analytical laboratory and training provider. See Maine Revised Statutes Title 38 Sec. 1272 Limited conservatorship: means a conservatorship that grants the conservator less than all powers available under this Act, grants powers over only certain property or otherwise restricts the powers of the conservator. See Maine Revised Statutes Title 18-C Sec. 5-102 Limited guardianship: means a guardianship that grants the guardian less than all powers available under this Act or otherwise restricts the powers of the guardian. See Maine Revised Statutes Title 18-C Sec. 5-102 Local administration: means administration by a personal representative appointed in this State pursuant to appointment proceedings described in Article 3. See Maine Revised Statutes Title 18-C Sec. 4-101 Local personal representative: includes any personal representative appointed in this State pursuant to appointment proceedings described in Article 3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to section 4-205. See Maine Revised Statutes Title 18-C Sec. 4-101 Minor: means an unemancipated individual who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 5-102 Minor subject to conservatorship: means a minor for whom a conservator has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Minor subject to guardianship: means a minor for whom a guardian has been appointed under this Act. See Maine Revised Statutes Title 18-C Sec. 5-102 Mixed wood type: means forests in which neither hardwoods nor softwood comprise 75% of the stand but are a combination of both. See Maine Revised Statutes Title 36 Sec. 573 Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 Owner or operator: means a person who owns, leases, operates, controls or supervises an asbestos abatement activity within a building, structure or facility. See Maine Revised Statutes Title 38 Sec. 1272 Parent: means a person who has established a parent-child relationship with the child under Title 19?A, chapter 61 and whose parental rights have not been terminated. See Maine Revised Statutes Title 18-C Sec. 5-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, firm, partnership, association, society, club, corporation, financial institution, estate, trust, business trust, receiver, assignee or any other group or combination acting as a unit, the State or Federal Government or any political subdivision or agency of either government. See Maine Revised Statutes Title 36 Sec. 111 Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity. See Maine Revised Statutes Title 18-C Sec. 5-102 Person: means any individual, business entity, governmental body or other public or private entity. See Maine Revised Statutes Title 38 Sec. 1272 Personal property: All property that is not real property. Place: shall include municipalities, townships and any other unorganized area. See Maine Revised Statutes Title 36 Sec. 501 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Probate: Proving a will Property: means anything that may be the subject of ownership and includes both real and personal property, tangible and intangible, or any interest therein. See Maine Revised Statutes Title 18-C Sec. 5-102 Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Protective arrangement instead of conservatorship: means a court order entered under section 5?503. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship: means a court order entered under section 5?502. See Maine Revised Statutes Title 18-C Sec. 5-102 Protective arrangement instead of guardianship or conservatorship: means a court order entered under Part 5, including an order authorizing a single transaction or more than one related transaction. See Maine Revised Statutes Title 18-C Sec. 5-102 Public entity: means the State, any of its political subdivisions or any agency or instrumentality of either. See Maine Revised Statutes Title 38 Sec. 1272 Resident creditor: means a person domiciled in or doing business in this State who is, or could be, a claimant against an estate of a nonresident decedent. See Maine Revised Statutes Title 18-C Sec. 4-101 Residential structure: means a building used for human habitation as a seasonal or year-round residence. See Maine Revised Statutes Title 36 Sec. 573 Respondent: means an individual for whom appointment of a guardian or conservator or a protective arrangement instead of guardianship or conservatorship is sought. See Maine Revised Statutes Title 18-C Sec. 5-102 Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111 Sign: means , with present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 18-C Sec. 5-102Softwood type: means forests in which pine, spruce, fir, hemlock, cedar and larch, singly or in combination, comprise 75% or more of the stocking. See Maine Revised Statutes Title 36 Sec. 573 State: includes an Indian tribe or band recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 18-C Sec. 5-102 Stumpage value: means the average value of standing timber before it is cut expressed in terms of dollars per unit of measure as determined by the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 573 Supported decision making: means assistance from one or more persons of an individual's choosing:
A. See Maine Revised Statutes Title 18-C Sec. 5-102Timber and grass: when used in reference to the public reserved lots, so called, in unorganized territory in the State, means all growth of every description on said lots. See Maine Revised Statutes Title 1 Sec. 72 Training provider: means a person providing training that is necessary to fulfill certification or licensing requirements under this chapter. See Maine Revised Statutes Title 38 Sec. 1272 Value of the annual net wood production: means the average annual net wood production rate per acre for a forest type multiplied by the weighted average of the stumpage values of all species in the type. See Maine Revised Statutes Title 36 Sec. 573