Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 1 – Environmental Protection Board

		Sections
Article 1	Organization and General Provisions	361-A – 372
Article 1-B	Ground Water Protection Program	401 – 404
Article 1-E	Marine Environmental Monitoring Program	410-F – 410-G
Article 1-F	Nonpoint Source Pollution Program	410-H – 410-K
Article 1-G	Lakes Assessment and Protection Program	410-L – 410-N
Article 2	Pollution Control	411 – 429
Article 2-B	Mandatory Shoreland Zoning	435 – 449
Article 3	Enforcement	451 – 452
Article 4-A	Water Classification Program	464 – 470
Article 4-B	Water Withdrawal Reporting Program	470-A – 470-H
Article 5-A	Natural Resources Protection Act	480-A – 480-JJ
Article 6	Site Location of Development	481 – 489-E
Article 7	Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt	490-A – 490-N
Article 8-A	Performance Standards for Quarries	490-W – 490-FF
Article 9	Maine Metallic Mineral Mining Act	490-LL – 490-TT

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Terms Used In Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 1 - Environmental Protection Board

academy: means a professional development consortium formed by a collaborative partnership that combines state and local programs and resources, including the preparation, licensure, certification, professional development and training for educational leadership, into a coherent system that can significantly improve the recruitment and preparation of prospective candidates for school principalship and other school leadership positions, as well as the induction, mentoring and retention of principals and school leaders during the first 2 years of employment in their school leadership positions. See Maine Revised Statutes Title 20-A Sec. 13111
Account: means a contract of deposit between a depositor and a financial institution and includes a checking account, savings account, certificate of deposit and share account. See Maine Revised Statutes Title 18-C Sec. 6-201
Account-based bulk processing program: means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees and material weight and prepares the sorted containers for sale to recyclers. See Maine Revised Statutes Title 38 Sec. 3102
Accounting period: includes a portion of a calendar year or other 12-month period that begins when an income interest begins or ends when an income interest ends. See Maine Revised Statutes Title 18-C Sec. 7-402
Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
Administrator: means an individual who provides leadership services to assist in the operation of schools, including, but not limited to, in the following capacities: superintendent, assistant superintendent, building administrator and principal. See Maine Revised Statutes Title 20-A Sec. 13001-A
Adoptee: means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. See Maine Revised Statutes Title 18-C Sec. 9-102
Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 18-C Sec. 9-102
Adult education: means education programs primarily operated for individuals beyond the compulsory school ages and administered by school administrative units. See Maine Revised Statutes Title 20-A Sec. 1
Advanced exploration: means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities and are specified in rules adopted by the department. See Maine Revised Statutes Title 38 Sec. 490-MM
Affected area: means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils or existing uses are potentially affected by mining operations as determined through an environmental impact assessment. See Maine Revised Statutes Title 38 Sec. 490-MM
Affected land: means reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with the excavation. See Maine Revised Statutes Title 38 Sec. 490-A
Affected land: means all reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with a quarry. See Maine Revised Statutes Title 38 Sec. 490-W
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affirmative consent: means consent to sexual activity that can be revoked at any time. See Maine Revised Statutes Title 20-A Sec. 12981
Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
Agent: includes an original agent, coagent, successor agent and a person to whom an agent's authority is delegated. See Maine Revised Statutes Title 18-C Sec. 5-902
Agent: means a person authorized to make account transactions for a party. See Maine Revised Statutes Title 18-C Sec. 6-201
Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A
Airblast: means an atmospheric compression wave resulting from the detonation of explosives, whether resulting from the motion of blasted materials or the expansion of gases from the explosion. See Maine Revised Statutes Title 38 Sec. 490-W
Allegation: something that someone says happened.
Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
Amortization: Paying off a loan by regular installments.
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Approved private school: means a private school approved for attendance purposes under chapter 117. See Maine Revised Statutes Title 20-A Sec. 1
Aquatic life: means any plants or animals which live at least part of their life cycle in fresh water. See Maine Revised Statutes Title 38 Sec. 466
Area of special flood hazard: means land in a floodplain having a 1% or greater chance of flooding in any given year, as identified in the effective federal flood insurance study and corresponding flood insurance rate maps. See Maine Revised Statutes Title 38 Sec. 436-A
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
bail: means the obtaining of the release of the defendant upon an undertaking that the defendant shall appear at the time and place required and that the defendant shall conform to each condition imposed in accordance with section 1026 that is designed to ensure that the defendant shall refrain from any new criminal conduct, to ensure the integrity of the judicial process and to ensure the safety of others in the community. See Maine Revised Statutes Title 15 Sec. 1003
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
Basement: means any portion of a structure with a floor-to-ceiling height of 6 feet or more and having more than 50% of its volume below the existing ground level. See Maine Revised Statutes Title 38 Sec. 436-A
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Beneficiary: means a person named as one to whom sums on deposit in an account are payable on request after death of all parties or for whom a party is named as trustee. See Maine Revised Statutes Title 18-C Sec. 6-201
Beneficiary: means a person that receives property under a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
Beneficiary: includes , in the case of a decedent's estate, an heir and devisee and, in the case of a trust, an income beneficiary and a remainder beneficiary. See Maine Revised Statutes Title 18-C Sec. 7-402
Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-301
Beneficiation: includes , but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation and dump, vat, tank and in situ leaching. See Maine Revised Statutes Title 38 Sec. 490-MM
Best management practice guidelines: means recommended techniques or procedures or a combination of techniques or procedures that are determined by the appropriate agency identified in section 410?J to be the most effective practicable means of preventing or reducing pollution generated by nonpoint sources. See Maine Revised Statutes Title 38 Sec. 410-H
Beverage: means beer, ale or other drink produced by fermenting malt, spirits, wine, hard cider, wine coolers, soda or noncarbonated water and all nonalcoholic carbonated or noncarbonated drinks in liquid form and intended for internal human consumption, except for unflavored rice milk, unflavored soymilk, milk and dairy-derived products. See Maine Revised Statutes Title 38 Sec. 3102
Beverage container: means a bottle, can, jar or other container made of glass, metal or plastic that has been sealed by a manufacturer and at the time of sale contains 4 liters or less of a beverage. See Maine Revised Statutes Title 38 Sec. 3102
Blast site: means the area where explosive material is handled during the loading of drilled blastholes, including the perimeter formed by the loaded blastholes and 50 feet in all directions from loaded blastholes. See Maine Revised Statutes Title 38 Sec. 490-W
Blaster: means a person qualified to be in charge of or responsible for the loading and firing of a blast. See Maine Revised Statutes Title 38 Sec. 490-W
Blasting: means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation. See Maine Revised Statutes Title 38 Sec. 490-W
Borrow pit: means a mining operation undertaken primarily to extract and remove sand, fill or gravel. See Maine Revised Statutes Title 38 Sec. 482
Cement: means any of various calcined mixtures of clay and limestone that can be mixed with water and used as an ingredient in making mortar or concrete. See Maine Revised Statutes Title 38 Sec. 490-MM
Certificate: means the credential issued by the department to a qualified individual to serve as a teacher, educational specialist, educational technician or administrator. See Maine Revised Statutes Title 20-A Sec. 13001-A
CFU: means colony-forming units. See Maine Revised Statutes Title 38 Sec. 466
Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 9-102
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
clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
Clearance: means the credential issued by the department to a qualified individual who has cleared a criminal history record check under section 6103 to serve as an employee in a position for which certification is not required or as an employee of a contracted service provider. See Maine Revised Statutes Title 20-A Sec. 13001-A
Closure: includes , but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts and underground workings. See Maine Revised Statutes Title 38 Sec. 490-MM
Coastal sand dune systems: means sand and gravel deposits within a marine beach system, including, but not limited to, beach berms, frontal dunes, dune ridges, back dunes and other sand and gravel areas deposited by wave or wind action. See Maine Revised Statutes Title 38 Sec. 480-B
Coastal wetlands: means all tidal and subtidal lands; all lands with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous low land that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 436-A
Coastal wetlands: means all tidal and subtidal lands; all areas with vegetation present that is tolerant of salt water and occurs primarily in a salt water or estuarine habitat; and any swamp, marsh, bog, beach, flat or other contiguous lowland that is subject to tidal action during the highest tide level for the year in which an activity is proposed as identified in tide tables published by the National Ocean Service. See Maine Revised Statutes Title 38 Sec. 480-B
Collaborative agreement: means an agreement for shared staff or staff training, including collaborative programs and support services for preservice and in?service staff training between 2 or more school administrative units to form a collaborative partnership that specifies each school administrative unit's responsibility for and cost of the delivery of certain administrative, instructional and noninstructional functions, including collaborative programs and support services, for preservice and in?service staff training for school principalship and other school leadership positions over a 3?year period. See Maine Revised Statutes Title 20-A Sec. 13111
Collaborative board: means a board created pursuant to section 13112, subsection 2. See Maine Revised Statutes Title 20-A Sec. 13111
Collaborative partnership: means a regional school leadership academy collaborative partnership formed pursuant to this chapter between 2 or more school administrative units and, whenever possible, with educator preparation programs and statewide education associations that provides cohort?based professional development and career pathways, including preservice training for prospective candidates for school principalship and other school leadership positions and in?service training for new employees in school principalship and other school leadership positions. See Maine Revised Statutes Title 20-A Sec. 13111
College or university: means a postsecondary educational institution in the State, including:

A. See Maine Revised Statutes Title 20-A Sec. 12971

Color pollution unit: means that measure of water color derived from comparison with a standard measure prepared according to the specifications of the current edition of "Standard Methods for Examination of Water and Wastewater" adopted by the United States Environmental Protection Agency, or an equivalent measure. See Maine Revised Statutes Title 38 Sec. 466

Combined sewer overflow: means a discharge of excess wastewater from a municipal or quasi-municipal sewerage system that conveys both sanitary wastes and storm water in a single pipe system and that is in direct response to a storm event or snowmelt. See Maine Revised Statutes Title 38 Sec. 466

Commercial fishing activities: means activities directly related to commercial fishing and those commercial activities commonly associated with or supportive of commercial fishing, such as the manufacture or sale of ice, bait and nets, and the sale, manufacture, installation or repair of boats, engines and other equipment commonly used on boats. See Maine Revised Statutes Title 38 Sec. 436-A

Commingling agreement: means an agreement between 2 or more initiators of deposit allowing the beverage containers for which they have initiated deposits to be commingled by dealers and redemption centers, as described in section 3107. See Maine Revised Statutes Title 38 Sec. 3102

Commingling group: includes the State, through the Department of Administrative and Financial Services, Bureau of Alcoholic Beverages and Lottery Operations, which, pursuant to section 3107, is deemed to be managing returned containers for which the State has initiated deposits in a commingling program pursuant to a qualified commingling agreement, but does not include the commingling cooperative. See Maine Revised Statutes Title 38 Sec. 3102

Commissioner: means the Commissioner of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102

Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Common trust fund: means a trust or fund maintained by a bank or trust company exclusively for the collective investment or reinvestment of money contributed to the trust or fund by the bank or trust company, or an affiliated bank or trust company, as a fiduciary, including a trustee of a trust or fund for the primary purpose of paying employee benefits of any kind. See Maine Revised Statutes Title 18-C Sec. 7-201

Community function: means mechanisms of uptake, storage and transfer of life-sustaining materials available to a biological community which determines the efficiency of use and the amount of export of the materials from the community. See Maine Revised Statutes Title 38 Sec. 466

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Conditional certificate: means the credential issued to a teacher, educational specialist or administrator who has not met all of the requirements for a certificate or endorsement. See Maine Revised Statutes Title 20-A Sec. 13001-A

Conservator: includes a coconservator. See Maine Revised Statutes Title 18-C Sec. 5-102

Consumer: means an individual who purchases a beverage in a beverage container for use or consumption. See Maine Revised Statutes Title 38 Sec. 3102

contamination: means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:

A. See Maine Revised Statutes Title 38 Sec. 490-MM

Continuance: Putting off of a hearing ot trial until a later time.

Contract: A legal written agreement that becomes binding when signed.

Conviction: A judgement of guilt against a criminal defendant.

cooperative: means the entity established pursuant to section 3107, subsection 3?B to manage the collection of all beverage containers subject to the requirements of this chapter under a single commingling program. See Maine Revised Statutes Title 38 Sec. 3102

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.

Counterclaim: A claim that a defendant makes against a plaintiff.

Court: means any Justice of the Supreme Judicial Court or Superior Court or any active retired justice and any District Court Judge or active retired judge when assigned under Title 4, section 157?C. See Maine Revised Statutes Title 15 Sec. 1003

Credential: means a document issued by the department indicating that a person has met the criteria to be certified, conditionally certified or cleared under this chapter or chapter 502. See Maine Revised Statutes Title 20-A Sec. 13001-A

Crime involving domestic violence: means :

A. See Maine Revised Statutes Title 15 Sec. 1003

Criminal history record check: means the fingerprint-based criminal history record check conducted by an entity designated by the department under section 6103. See Maine Revised Statutes Title 20-A Sec. 13001-A

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Dealer: means a person who sells, offers to sell or engages in the sale of beverages in beverage containers to a consumer, including, but not limited to, an operator of a vending machine containing beverages in beverage containers. See Maine Revised Statutes Title 38 Sec. 3102

Decedent: A deceased person.

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Densely developed area: means any commercial, industrial or compact residential area of 10 or more acres with a density of at least one principal structure per 2 acres. See Maine Revised Statutes Title 38 Sec. 436-A

Department: means the Department of Environmental Protection. See Maine Revised Statutes Title 38 Sec. 3102

Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 18-C Sec. 9-102

Dependent: A person dependent for support upon another.

Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.

Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402

Detonating cord: means a flexible cord containing a center core of high explosives that may be used to initiate other explosives. See Maine Revised Statutes Title 38 Sec. 490-W

development: means any federal, state, municipal, quasi-municipal, educational, charitable, residential, commercial or industrial development that:

A. See Maine Revised Statutes Title 38 Sec. 482

Devise: To gift property by will.

Direct discharge: means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. See Maine Revised Statutes Title 38 Sec. 466

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Distributor: means a person who engages in the sale of beverages in beverage containers to a dealer in this State and includes a manufacturer who engages in such sales. See Maine Revised Statutes Title 38 Sec. 3102

Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72

Domestic pollutants: means any material, including, without limitation, sanitary wastes, waste water from household activities or waste waters with similar chemical characteristics, which are generated at residential or commercial locations. See Maine Revised Statutes Title 38 Sec. 466

Donor: The person who makes a gift.

Dredge spoils: means sand, silt, mud, gravel, rock or other sediment or material that is moved from coastal wetlands. See Maine Revised Statutes Title 38 Sec. 480-B

Dry stack tailings management: means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system. See Maine Revised Statutes Title 38 Sec. 490-MM

Educational specialist: means an individual who provides professional services to a school, including, but not limited to, an athletic director, school counselor, library-media specialist, literacy specialist, school psychologist, school nurse or career and technical education evaluator. See Maine Revised Statutes Title 20-A Sec. 13001-A

Educational technician: means an individual who provides supportive educational services in accordance with section 13019?H. See Maine Revised Statutes Title 20-A Sec. 13001-A

Educator: means a teacher or a principal. See Maine Revised Statutes Title 20-A Sec. 13701

Educator preparation program: means a public or private baccalaureate-level or postbaccalaureate-level program approved by the state board to recommend graduates for certification pursuant to chapter 502 as prekindergarten to grade 12 teachers, educational specialists or school administrators. See Maine Revised Statutes Title 20-A Sec. 13001-A

Educator preparation program: means an educator preparation program as defined in section 13001?A, subsection 9. See Maine Revised Statutes Title 20-A Sec. 13111

Effectiveness rating: means the level of effectiveness of an educator derived through implementation of a performance evaluation and professional growth system. See Maine Revised Statutes Title 20-A Sec. 13701

Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 18-C Sec. 5-902

Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}

Elementary school: means that portion of a school that provides instruction in any combination of kindergarten through grade 8. See Maine Revised Statutes Title 20-A Sec. 1

Employee: means an individual who is employed by an institution of higher education, including a full-time, part-time or contracted employee, or an individual who was employed by an institution of higher education, including a full-time, part-time or contracted employee, but has taken a leave of absence or terminated the employment as a result of having been a victim of sexual violence, intimate partner violence or stalking or for any other reason. See Maine Revised Statutes Title 20-A Sec. 12981

Endorsement: means a notation on a certificate that specifies the grades and subject area or work area for which the certificate is valid. See Maine Revised Statutes Title 20-A Sec. 13001-A

ensure the integrity of the judicial process: when used in the context of the granting or denial of bail, means safeguarding the role of the courts in adjudicating the guilt or innocence of defendants by ensuring the presence of the defendant in court and otherwise preventing the defendant from obstructing or attempting to obstruct justice by threatening, injuring or intimidating a victim, prospective witness, juror, attorney for the State, judge, justice or other officer of the court. See Maine Revised Statutes Title 15 Sec. 1003

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Estuarine and marine life: means any plants or animals which live at least part of their life cycle in salt water. See Maine Revised Statutes Title 38 Sec. 466

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Ex officio: Literally, by virtue of one's office.

Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A

Executor: A male person named in a will to carry out the decedent

Explosive: means any chemical compound or other chemical substance that contains oxidizing or combustible materials used for the purpose of producing an explosion intended to break or move rock, earth or other materials. See Maine Revised Statutes Title 38 Sec. 490-W

Failure to appear: includes a failure to appear at the time or place required by a release order and the failure to surrender into custody at the time and place required by a release order or by the Maine Rules of Unified Criminal Procedure, Rule 32(a) and Rule 38(d). See Maine Revised Statutes Title 15 Sec. 1003

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.

Fiduciary: A trustee, executor, or administrator.

Fiduciary: includes a trustee, executor, administrator, guardian and custodian under a uniform transfers to minors act. See Maine Revised Statutes Title 18-C Sec. 7-201

Fiduciary: includes an executor, administrator, successor personal representative, special administrator and a person performing substantially the same function. See Maine Revised Statutes Title 18-C Sec. 7-402

Financial institution: means an organization authorized to do business under state or federal laws relating to financial institutions and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association and credit union. See Maine Revised Statutes Title 18-C Sec. 6-201

Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.

Floodplain wetland: means lands adjacent to a river, stream or brook that are inundated with floodwater during a 100-year flood event and that under normal circumstances support a prevalence of wetland vegetation typically adapted for life in saturated soils. See Maine Revised Statutes Title 38 Sec. 480-B

Floodway: means the channel of a river or other water course and the adjacent land areas that must be reserved to allow for the discharge of a 100-year flood without cumulatively increasing the water surface elevation of the 100-year flood by more than one foot. See Maine Revised Statutes Title 38 Sec. 436-A

Flyrock: means rock that is propelled through the air or across the ground as a result of blasting and that leaves the blast area. See Maine Revised Statutes Title 38 Sec. 490-W

Footprint: means the entire area of ground covered by the structures on a premises, including cantilevered or similar overhanging extensions, as well as unenclosed structures, such as patios and decks. See Maine Revised Statutes Title 38 Sec. 436-A

Footprint: means the outline of a structure on the ground, except that for a building "footprint" means the outline that would be created on the ground by extending the exterior walls of a building to the ground surface. See Maine Revised Statutes Title 38 Sec. 480-B

Forbearance: A means of handling a delinquent loan. A

Forest management activities: means timber stand improvement, timber harvesting activities, forest products harvesting and regeneration of forest stands. See Maine Revised Statutes Title 38 Sec. 480-B

Forested wetland: means a freshwater wetland dominated by woody vegetation that is 6 meters tall or taller. See Maine Revised Statutes Title 38 Sec. 436-A

Forested wetland: means a freshwater wetland dominated by woody vegetation that is 6 meters tall, or taller. See Maine Revised Statutes Title 38 Sec. 480-B

Fragile mountain areas: means areas above 2,700 feet in elevation from mean sea level. See Maine Revised Statutes Title 38 Sec. 480-B

Fraud: Intentional deception resulting in injury to another.

Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:

A. See Maine Revised Statutes Title 38 Sec. 436-A

Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas that are:

A. See Maine Revised Statutes Title 38 Sec. 480-B

Functionally water-dependent uses: means those uses that require, for their primary purpose, location on submerged lands or that require direct access to, or location in, coastal or inland waters and that can not be located away from these waters. See Maine Revised Statutes Title 38 Sec. 436-A

Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Good faith: means honesty in fact. See Maine Revised Statutes Title 18-C Sec. 5-902

Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A

Great ponds: means any inland bodies of water which in a natural state have a surface area in excess of 10 acres and any inland bodies of water artificially formed or increased which have a surface area in excess of 30 acres. See Maine Revised Statutes Title 38 Sec. 480-B

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: includes a coguardian but does not include a guardian ad litem. See Maine Revised Statutes Title 18-C Sec. 5-102

Heap or percolation leaching: means a process for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate. See Maine Revised Statutes Title 38 Sec. 490-MM

Height: means :

A. See Maine Revised Statutes Title 38 Sec. 436-A

High-value agricultural land: means land that has a high value for agricultural use, as determined in accordance with rules adopted by the Department of Agriculture, Conservation and Forestry, in consultation with the department and the Governor's Energy Office. See Maine Revised Statutes Title 38 Sec. 3201

Impervious area: means an area that is a building, parking lot, roadway or similar constructed area. See Maine Revised Statutes Title 38 Sec. 480-B

in the State: means within the exterior limits of the State and includes all territory within these limits owned by or ceded to the United States of America. See Maine Revised Statutes Title 38 Sec. 3102

in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72

Incapacity: means inability of an individual to effectively manage property or business affairs because the individual:

A. See Maine Revised Statutes Title 18-C Sec. 5-902

Income: includes a portion of receipts from a sale, exchange or liquidation of a principal asset, to the extent provided in subpart 4. See Maine Revised Statutes Title 18-C Sec. 7-402

Income beneficiary: means a person to whom net income of a trust is or may be payable. See Maine Revised Statutes Title 18-C Sec. 7-402

Income interest: means the right of an income beneficiary to receive all or part of net income, whether the terms of the trust require it to be distributed or authorize it to be distributed in the trustee's discretion. See Maine Revised Statutes Title 18-C Sec. 7-402

Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.

Indigenous: means supported in a reach of water or known to have been supported according to historical records compiled by State and Federal agencies or published scientific literature. See Maine Revised Statutes Title 38 Sec. 466

initiator: means a manufacturer, distributor or other person who initiates a deposit on a beverage container under section 3103. See Maine Revised Statutes Title 38 Sec. 3102

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

institution: means a public, private, nonprofit or for-profit postsecondary school chartered, incorporated or otherwise organized in the State with an established physical presence in the State. See Maine Revised Statutes Title 20-A Sec. 12981

Inter vivos: Transfer of property from one living person to another living person.

Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}

Interpersonal violence climate survey: means the survey developed pursuant to section 12984, subsection 8. See Maine Revised Statutes Title 20-A Sec. 12981

Intestate: Dying without leaving a will.

Intimate partner violence: means any of the acts that constitute abuse under Title 19?A, section 4002, subsection 1, paragraphs A to H that are committed by an individual who is or has been in a social relationship with another individual of an intimate nature regardless of whether the individuals were or are sexual partners. See Maine Revised Statutes Title 20-A Sec. 12981

Invasive species: means an invasive animal as determined by the Department of Inland Fisheries and Wildlife or an invasive aquatic plant as listed under section 410?N or as determined by the department. See Maine Revised Statutes Title 38 Sec. 466

Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.

Joint owner: includes a joint tenant. See Maine Revised Statutes Title 18-C Sec. 6-402

Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

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}

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensed child-placing agency: means an agency, person, group of persons, organization, association or society licensed to operate in this State pursuant to Title 22, chapter 1671. See Maine Revised Statutes Title 18-C Sec. 9-102

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Mandatory income interest: means the right of an income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute. See Maine Revised Statutes Title 18-C Sec. 7-402

Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.

Maritime activities: means the construction, repair, storage, loading and unloading of boats, chandlery and other commercial activities designed and intended to facilitate maritime trade. See Maine Revised Statutes Title 38 Sec. 436-A

Matting: means a covering placed over load holes and adjacent areas in order to minimize generation of flyrock and limit airblast effects. See Maine Revised Statutes Title 38 Sec. 490-W

Medium borrow pit: means a borrow pit that has a total reclaimed and unreclaimed area from 5 to 30 acres and that has:

A. See Maine Revised Statutes Title 38 Sec. 490-A

Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001

Metallic mineral: means any mineral, ore or excavated material that has metal or a metalloid element as its economically valuable constituent, regardless of the chemical end product of the metal or metalloid element. See Maine Revised Statutes Title 38 Sec. 490-MM

Metallic mineral operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees or contractors. See Maine Revised Statutes Title 38 Sec. 490-MM

Metallic product: means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state. See Maine Revised Statutes Title 38 Sec. 490-MM

Mine shaft: means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet. See Maine Revised Statutes Title 38 Sec. 490-MM

Mine waste: means all material, including, but not limited to, overburden, rock, lean ore, leached ore or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities. See Maine Revised Statutes Title 38 Sec. 490-MM

Mine waste unit: means any land area, structure, location, equipment or combination thereof on or in which mine wastes are managed. See Maine Revised Statutes Title 38 Sec. 490-MM

mining activity: means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration or any of the following activities:

A. See Maine Revised Statutes Title 38 Sec. 490-MM

Mining area: means an area of land described in a permit application and approved by the department, including but not limited to land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located or the lands on which water reservoirs used in a mining operation are located. See Maine Revised Statutes Title 38 Sec. 490-MM

Mining permit: means a permit issued under this article for conducting mining and reclamation operations. See Maine Revised Statutes Title 38 Sec. 490-MM

misbranded: as used in this chapter or chapter 103 applies to all articles of commercial feeding stuff, commercial fertilizer or food, the package or label of which bears any statement, design or device regarding such article, or the ingredients or substances contained therein, that is false or misleading in any particular or that is falsely branded in any particular. See Maine Revised Statutes Title 7 Sec. 484

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

Mooring: means equipment, such as anchors, chains and lines, for holding fast a vessel, aircraft, floating dock or buoy. See Maine Revised Statutes Title 38 Sec. 480-B

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Motorized recreational gold prospecting: includes , but is not limited to, the operation of a motorized suction dredge, sluice, pump, rocker box or winch, individually or together. See Maine Revised Statutes Title 38 Sec. 480-B

MPN: means most probable number. See Maine Revised Statutes Title 38 Sec. 466

Multiple-party account: means an account payable on request to one or more of 2 or more parties, whether or not a right of survivorship is mentioned. See Maine Revised Statutes Title 18-C Sec. 6-201

Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72

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

National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}

Natural: means living in, or as if in, a state of nature not measurably affected by human activity. See Maine Revised Statutes Title 38 Sec. 466

Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-A

Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-W

Naturally internally drained: means areas of a site that, as a result of the predevelopment topography and interim and final topography produced during development of the site, are and will remain at all times over the course of the development graded so that neither eroded materials nor runoff either crosses the property boundary or enters a protected natural resource, natural buffer strip or other protected area. See Maine Revised Statutes Title 38 Sec. 490-A

Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the period, plus or minus transfers under this Part to or from income during the period. See Maine Revised Statutes Title 18-C Sec. 7-402

New criminal conduct: refers to criminal activity by a defendant occurring after bail has been set. See Maine Revised Statutes Title 15 Sec. 1003

Nonconsumptive use: means any use of water that results in the water being discharged back into the same water source within 1/4 mile upstream or downstream from the point of withdrawal such that the difference between the volume withdrawn and the volume returned is no more than the threshold amount per day. See Maine Revised Statutes Title 38 Sec. 470-A

Nonpoint source: means any source, excluding any source defined as a direct discharge in section 466, that discharges pollutants into the surface or ground waters of the State, including, but not limited to, sources related to agriculture, construction and maintenance of bridges, railways and roads, forest management and commercial, industrial or residential development. See Maine Revised Statutes Title 38 Sec. 410-H

Nonrefillable: means a beverage container that, after being used by a consumer, is not to be reused as a beverage container by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102

Normal high water line: means that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 480-B

Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Offshore wind power project: includes both generating facilities as defined by Title 35?A, section 3451, subsection 5 and associated facilities as defined by Title 35?A, section 3451, subsection 1, without regard to whether the electrical energy is for sale or use by a person other than the generator. See Maine Revised Statutes Title 38 Sec. 480-B

Oil terminal facility: means a facility and related appurtenances located in, on, over or under the surface of any land or water that is used or capable of being used to transfer, process, refine or store oil as defined in section 542, subsection 6. See Maine Revised Statutes Title 38 Sec. 482

Open-pit mining: means , for any single mining operation permitted under this article, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches. See Maine Revised Statutes Title 38 Sec. 490-MM

operator: means the owner or operator of an excavation. See Maine Revised Statutes Title 38 Sec. 490-A

Outlet stream: means any perennial or intermittent stream, as shown on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map, that flows from a freshwater wetland. See Maine Revised Statutes Title 38 Sec. 436-A

Overboard discharge: means discharge to the surface waters of the State of domestic pollutants not conveyed to and treated in municipal or quasi-municipal sewerage treatment facilities. See Maine Revised Statutes Title 38 Sec. 466

Overburden: means earth and other materials naturally lying over the product to be mined. See Maine Revised Statutes Title 38 Sec. 482

Overburden: means earth and other materials naturally lying over the product to be removed. See Maine Revised Statutes Title 38 Sec. 490-A

Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1

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

Parent: means a person who, with respect to a child:

A. See Maine Revised Statutes Title 18-C Sec. 9-102

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.

Party: means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent. See Maine Revised Statutes Title 18-C Sec. 6-201

Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which the traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-A

Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-W

Peak particle velocity: means the maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. See Maine Revised Statutes Title 38 Sec. 490-W

Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor

Permanent structure: means any structure that is designed to remain at or that is constructed or erected with a fixed location or that is attached to a structure with a fixed location for a period exceeding 7 months within any 12-month period, including, but not limited to, causeways, piers, docks, concrete slabs, piles, marinas, retaining walls and buildings. See Maine Revised Statutes Title 38 Sec. 480-B

Permittee: means a person who is issued a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM

Person: means an individual, partnership, corporation or other legal entity. See Maine Revised Statutes Title 38 Sec. 3102

Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 5-902

Person: means an individual, corporation, estate, trustee, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 6-402

Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. See Maine Revised Statutes Title 18-C Sec. 7-402

Person: means and includes any corporation, association, copartnership or one or more individuals. See Maine Revised Statutes Title 7 Sec. 502

Person: means any person, firm, association, partnership, corporation, municipal or other local governmental entity, quasi-municipal entity, state agency, federal agency, educational or charitable organization or institution or other legal entity. See Maine Revised Statutes Title 38 Sec. 482

Personal property: All property that is not real property.

Petitioner: means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. See Maine Revised Statutes Title 18-C Sec. 9-102

Pick-up agent: means an initiator of deposit, a distributor or a contracted agent of an initiator of deposit or a distributor that receives redeemed beverage containers from a redemption center and transports those containers for recycling. See Maine Revised Statutes Title 38 Sec. 3102

Plaintiff: The person who files the complaint in a civil lawsuit.

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

POD designation: means the designation of:

A. See Maine Revised Statutes Title 18-C Sec. 6-201

Post-closure monitoring period: means a period following closure during which a permittee is required to conduct monitoring of groundwater and surface water and other environmental parameters as specified in a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM

Post-conviction: means any point in a criminal proceeding after a verdict or finding of guilty or after the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003

Pounds per ton: means the unit for measurement of color in the discharge from the production of wood pulp. See Maine Revised Statutes Title 38 Sec. 466

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}

Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term "power of attorney" is used. See Maine Revised Statutes Title 18-C Sec. 5-902

Preblast survey: means documentation, prior to the initiation of blasting, of the condition of buildings, structures, wells or other infrastructures; protected natural resources; historic sites; and unusual natural areas. See Maine Revised Statutes Title 38 Sec. 490-W

Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.

Preconviction: means any point in a criminal proceeding before a verdict in the context of a jury trial or finding of guilty in the context of a jury-waived trial or before the acceptance of a plea of guilty or nolo contendere. See Maine Revised Statutes Title 15 Sec. 1003

Premises: means the property of the dealer or the dealer's lessor on which a sale is made. See Maine Revised Statutes Title 38 Sec. 3102

Presently exercisable general power of appointment: includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard or the passage of the specified period. See Maine Revised Statutes Title 18-C Sec. 5-902

Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case.

Primary sand and gravel recharge area: means the surface directly overlying sand and gravel formations that provides direct replenishment of groundwater in sand and gravel fractured bedrock aquifers. See Maine Revised Statutes Title 38 Sec. 490-A

Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1

Principal: means an individual who grants authority to an agent in a power of attorney. See Maine Revised Statutes Title 18-C Sec. 5-902

Principal: means property held in trust for distribution to a remainder beneficiary when the trust terminates. See Maine Revised Statutes Title 18-C Sec. 7-402

Principal structure: means a building other than one which is used for purposes wholly incidental or accessory to the use of another building on the same premises. See Maine Revised Statutes Title 38 Sec. 436-A

Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-A

Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probate: Proving a will

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Production blasting: means blasting conducted for the purpose of extracting or removing natural materials for commercial sale or beneficiation. See Maine Revised Statutes Title 38 Sec. 490-W

Professional improvement plan: means a written plan developed by a school or district administrator with input from an educator that outlines the steps to be taken over the coming year to improve the effectiveness of the educator. See Maine Revised Statutes Title 20-A Sec. 13701

Program completer: means a person who, by successfully completing all of the requirements of an educator preparation program, has qualified for a recommendation for certification as a teacher or an educational specialist or an administrator. See Maine Revised Statutes Title 20-A Sec. 13001-A

Property: means anything that may be the subject of ownership, whether real or personal or legal or equitable, or any interest or right therein. See Maine Revised Statutes Title 18-C Sec. 5-902

Property: means an interest in real property located in this State that is transferable on the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-402

Proprietary information: means information that is a trade secret or production, commercial or financial information the disclosure of which would impair the competitive position of the submittor and would make available information not otherwise publicly available. See Maine Revised Statutes Title 38 Sec. 3102

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Protected natural resource: means coastal sand dune systems, coastal wetlands, significant wildlife habitat, fragile mountain areas, freshwater wetlands, community public water system primary protection areas, great ponds or rivers, streams or brooks, as these terms are defined in this article. See Maine Revised Statutes Title 38 Sec. 480-B

Public drinking water source: means any groundwater well or any surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-A

Public drinking water source: means a groundwater well or a surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-W

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1

Publicly supported secondary school: means :

A. See Maine Revised Statutes Title 20-A Sec. 1

Putative parent: means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61. See Maine Revised Statutes Title 18-C Sec. 9-102

Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W

Quasi-municipal: means any form of ownership and management by a governmental unit embracing a portion of a municipality, a single municipality or several municipalities which is created by law to deliver public waste water treatment services, but which is not a state governmental unit. See Maine Revised Statutes Title 38 Sec. 466

Quorum: The number of legislators that must be present to do business.

Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Reclamation: means the rehabilitation of the area of land affected by mining under a plan approved by the department, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest and the enhancement of wildlife and aquatic resources, but not including the filling in of pits and the filling or sealing of shafts and underground workings with solid materials unless necessary for protection of ground water or safety. See Maine Revised Statutes Title 38 Sec. 482

Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-A

Reclamation: includes , but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest and enhancement of wildlife and aquatic resources. See Maine Revised Statutes Title 38 Sec. 490-MM

Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}

Redemption center: means a place of business that deals in acceptance of empty returnable beverage containers from either consumers or from dealers, or both, and that is licensed under section 3113. See Maine Revised Statutes Title 38 Sec. 3102

Refillable: means a beverage container that, after being used by a consumer, is to be reused as a beverage container at least 5 times by a manufacturer. See Maine Revised Statutes Title 38 Sec. 3102

Register: means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of securities. See Maine Revised Statutes Title 18-C Sec. 6-301

registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72

Registering entity: means a person that originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Maine Revised Statutes Title 18-C Sec. 6-301

Regulator: means :

A. See Maine Revised Statutes Title 38 Sec. 490-A

Regulator: means :

A. See Maine Revised Statutes Title 38 Sec. 490-W

Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Remainder beneficiary: means a person entitled to receive principal when an income interest ends. See Maine Revised Statutes Title 18-C Sec. 7-402

Reporting party: means a student or employee who reports having experienced an alleged incident of sexual violence, intimate partner violence or stalking at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 12981

Request: means a request for payment complying with all terms of the account, including special requirements concerning necessary signatures and regulations of the financial institution. See Maine Revised Statutes Title 18-C Sec. 6-201

Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.

Resident biological community: means aquatic life expected to exist in a habitat which is free from the influence of the discharge of any pollutant. See Maine Revised Statutes Title 38 Sec. 466

Responding party: means an individual who has been accused of an alleged incident of sexual violence, intimate partner violence or stalking at an institution of higher education. See Maine Revised Statutes Title 20-A Sec. 12981

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

Reverse vending machine: means an automated device that meets the requirements of rules adopted by the department and that uses a laser scanner or optical sensor and microprocessor to accurately recognize the universal product code on each beverage container and to accumulate information regarding containers redeemed, enabling the reverse vending machine to accept containers from redeemers and to issue script for the containers' refund value. See Maine Revised Statutes Title 38 Sec. 3102

Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).

Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.

River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A

Rock: means a hard, nonmetallic material that requires cutting, blasting or similar methods of forced extraction. See Maine Revised Statutes Title 38 Sec. 490-W

School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1

School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1

School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1

Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1

Security: means a share, participation or other interest in property, in a business or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security and a security account. See Maine Revised Statutes Title 18-C Sec. 6-301

Security account: means :

A. See Maine Revised Statutes Title 18-C Sec. 6-301

Semester hours: means units of academic credit that each reasonably approximate one hour of classroom or direct faculty instruction and a minimum of 2 hours of out-of-class student work each week for approximately 15 weeks or an equivalent amount of academic work at an institution of higher education, including laboratory work, internships, practice studio work or other academic work leading toward the awarding of a credit hour of approved study. See Maine Revised Statutes Title 20-A Sec. 13001-A

Service of process: The service of writs or summonses to the appropriate party.

Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

Sexual violence: means conduct that constitutes:

A. See Maine Revised Statutes Title 20-A Sec. 12981

Sign: means , with present intent to authenticate or adopt a record:

A. See Maine Revised Statutes Title 18-C Sec. 5-902

Significant ground water aquifer: means a porous formation of ice-contact and glacial outwash sand and gravel or fractured bedrock that contains significant recoverable quantities of water which is likely to provide drinking water supplies. See Maine Revised Statutes Title 38 Sec. 482

significant groundwater well: includes :

(a) A public water system used solely to bottle water for sale; and

(b) Any portion of a public water system that is:

(i) Constructed on or after January 1, 2009;

(ii) Used solely to bottle water for sale; and

(iii) Not connected to another portion of the public water system through pipes intended to convey water. See Maine Revised Statutes Title 38 Sec. 480-B

Significant sand and gravel aquifer: means a deposit of ice-contact and glacial outwash sediment that stores and transmits significant quantities of recoverable water. See Maine Revised Statutes Title 38 Sec. 490-A

significant wildlife habitat: is a s defined and mapped in accordance with section 480?I by the Department of Inland Fisheries and Wildlife, the following areas that are defined by the Department of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the Department of Environmental Protection or are within any other protected natural resource:

(1) Significant vernal pool habitat;

(2) High and moderate value waterfowl and wading bird habitat, including nesting and feeding areas;

(3) Shorebird nesting, feeding and staging areas; and

(4) Habitat for state endangered and state threatened species listed under Title 12, section 12803, subsection 3 that is within another protected natural resource area or that is located wholly or partly within the boundaries of a proposed project site that requires approval from:

(a) The department pursuant to this article or article 6, 7 or 8?A, except for activity or development on a residential lot that is not part of a proposed multi lot housing development; or

(b) The Maine Land Use Planning Commission pursuant to this article as provided in section 480?E?1 or, for subdivisions and nonresidential uses only, pursuant to Title 12, chapter 206?A. See Maine Revised Statutes Title 38 Sec. 480-B

Solar energy development: means a development that:

A. See Maine Revised Statutes Title 38 Sec. 3201

Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.

Stalking: means conduct that constitutes the crime of stalking under Title 17?A, section 210?A. See Maine Revised Statutes Title 20-A Sec. 12981

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

State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1

State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72

Statewide education association: means a nonprofit education association or corporation in the State, including a principals association, a school superintendents association, a school boards association and an association of administrators of services for children with disabilities. See Maine Revised Statutes Title 20-A Sec. 13111

Statute: A law passed by a legislature.

Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.

Stemming: means inert material used in a blasthole to confine the gaseous products of detonation. See Maine Revised Statutes Title 38 Sec. 490-W

Stocks and bonds: means stocks, bonds, mutual funds and all other types of securities and financial instruments, whether held directly, indirectly or in any other manner. See Maine Revised Statutes Title 18-C Sec. 5-902

Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A

Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A

structure: means :

A. See Maine Revised Statutes Title 38 Sec. 482

Student: means an individual who is enrolled or is seeking to be enrolled in an institution of higher education in this State and is a candidate for a degree or diploma or graduate certificate or has taken a leave of absence as a result of having been a victim of sexual violence, intimate partner violence or stalking. See Maine Revised Statutes Title 20-A Sec. 12981

Subpoena: A command to a witness to appear and give testimony.

Summative effectiveness rating: means the effectiveness rating of an educator that is assigned at the end of an evaluation period. See Maine Revised Statutes Title 20-A Sec. 13701

Summons: Another word for subpoena used by the criminal justice system.

Sums on deposit: means the balance payable on an account, including interest and dividends earned, whether or not included in the current balance, and any deposit life insurance proceeds added to the account by reason of death of a party. See Maine Revised Statutes Title 18-C Sec. 6-201

Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1

Surface blasting: means any blasting for which the blast area lies at the surface of the ground. See Maine Revised Statutes Title 38 Sec. 490-W

Sustenance fishing designated use: is a subcategory of the applicable fishing designated use that protects human consumption of fish for nutritional and cultural purposes and applies only to those water body segments that are identified in this article as subject to a sustenance fishing designated use. See Maine Revised Statutes Title 38 Sec. 466

system: means a method developed in compliance with this chapter by which educators are evaluated, rated on the basis of effectiveness and provided opportunities for professional growth. See Maine Revised Statutes Title 20-A Sec. 13701

Tailings impoundment: means a surface area, contained by dikes or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. See Maine Revised Statutes Title 38 Sec. 490-MM

Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent

Terms of a trust: means the manifestation of the intent of a settlor or decedent with respect to the trust, expressed in a manner that admits of its proof in a judicial proceeding, whether by written or spoken words or by conduct. See Maine Revised Statutes Title 18-C Sec. 7-402

Terms of the account: includes the deposit agreement and other terms and conditions, including the form, of the contract of deposit. See Maine Revised Statutes Title 18-C Sec. 6-201

Testator: A male person who leaves a will at death.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

timber harvesting activities: means timber harvesting, the construction and maintenance of roads used primarily for timber harvesting, the mining of gravel used for the construction and maintenance of roads used primarily for timber harvesting and other activities conducted to facilitate timber harvesting. See Maine Revised Statutes Title 38 Sec. 480-B

Title IX coordinator: means the employee at an institution of higher education who is responsible for institutional compliance with the so-called Title IX provisions of the federal Education Amendments of 1972, Public Law 92-318, as amended. See Maine Revised Statutes Title 20-A Sec. 12981

Topsoil: means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. See Maine Revised Statutes Title 38 Sec. 490-A

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

Transfer on death deed: means a deed authorized under this Part. See Maine Revised Statutes Title 18-C Sec. 6-402

Transferor: means an individual who makes a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402

Transportation reconstruction or replacement project: means the improvement of an existing transportation facility to modern design standards without expanding its function or creating any additional roadways, facilities or structures. See Maine Revised Statutes Title 38 Sec. 480-B

Trauma-informed response: means a response by an individual who has received specific training in the complexities of trauma caused by intimate partner violence, sexual violence or stalking including training on:

A. See Maine Revised Statutes Title 20-A Sec. 12981

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

Trustee: A person or institution holding and administering property in trust.

Trustee: includes an original, additional or successor trustee, whether or not appointed or confirmed by a court. See Maine Revised Statutes Title 18-C Sec. 7-402

Underground production blasting: means a blasting operation carried out beneath the surface of the ground by means of shafts, declines, adits or other openings leading to the natural material being mined or extracted. See Maine Revised Statutes Title 38 Sec. 490-W

Unimpaired: means without a diminished capacity to support aquatic life. See Maine Revised Statutes Title 38 Sec. 466

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Use attainability analysis: means a structured scientific assessment of the factors affecting the attainment of a designated use in a water body. See Maine Revised Statutes Title 38 Sec. 466

Venue: The geographical location in which a case is tried.

Water source: means any river, stream or brook as defined in section 480?B, any lake or pond classified GPA pursuant to section 465?A or groundwater located anywhere in the State. See Maine Revised Statutes Title 38 Sec. 470-A

Wet mine waste unit: means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution. See Maine Revised Statutes Title 38 Sec. 490-MM

withdrawal of water: means the removal, diversion or taking of water from a water source. See Maine Revised Statutes Title 38 Sec. 470-A

Without detrimental changes in the resident biological community: means no significant loss of species or excessive dominance by any species or group of species attributable to human activity. See Maine Revised Statutes Title 38 Sec. 466

Working pit: means the extraction area, including side slopes, of an excavation for borrow, clay, silt or topsoil. See Maine Revised Statutes Title 38 Sec. 490-A

Working pit: means the extraction area, including overburden, of an excavation for rock. See Maine Revised Statutes Title 38 Sec. 490-W

Working waterfront activity: includes commercial fishing activities; commercial boat building and repair; commercial hauling, launching, storage and berthing of boats; marine construction; marine freight and passenger transportation; and other similar commercial activities that are dependent on the waterfront. See Maine Revised Statutes Title 38 Sec. 480-B

Working waterfront land: means a parcel of land, or a portion thereof, abutting water to the head of tide, land located in the intertidal zone or submerged land that is used primarily or predominantly to provide access to or support the conduct of a working waterfront activity. See Maine Revised Statutes Title 38 Sec. 480-B

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72