LD 1625
pg. 3
Page 2 of 6 An Act to Clarify Certain Laws Administered by the Department of Environmental ... Page 4 of 6
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LR 941
Item 1

 
Attorney General in the name of the State in the Superior Court for
the judicial district in which the real estate subject to the lien
is located.

 
Sec. 6. 38 MRSA §569-B, sub-§4-A is enacted to read:

 
4-A.__Penalty for late payment of fees.__Fees assessed under
subsection 4 are due to the department on or before the last day
of the month immediately following the month in which the oil was
transferred.__Licensees who fail to pay the fee by that date
shall pay an additional amount equal to 10% of the amount
assessed under subsection 4.

 
Sec. 7. 38 MRSA §569-B, sub-§6-A, as enacted by PL 1997, c. 364, §35,
is amended to read:

 
6-A. Lien. All costs incurred by the State in the removal,
abatement and remediation of a prohibited discharge of oil from
an aboveground or underground storage facility and all costs
incurred by the State in the abandonment of any underground oil
storage facility or tank under section 566-A, subsection 4 are a
lien against the real estate of the responsible party.

 
A certificate of lien signed by the commissioner must be sent by
certified mail to the responsible party prior to being recorded
and may be filed in the office of the clerk of the municipality
in which the real estate is located. The lien is effective when
the certificate is recorded with the registry of deeds for the
county in which the real estate is located. The certificate of
lien must include a description of the real estate, the amount of
the lien and the name of the owner as grantor.

 
When the amount for which a lien has been recorded under this
subsection has been paid or reduced, the commissioner, upon
request by any person of record holding interest in the real
estate that is the subject of the lien, shall issue a certificate
discharging or partially discharging the lien. The certificate
must be recorded in the registry in which the lien was recorded.
Any action of foreclosure of the lien must be brought by the
Attorney General in the name of the State in the Superior Court
for the judicial district in which the real estate subject to the
lien is located.

 
Sec. 8. 38 MRSA §570-E, as enacted by PL 1985, c. 496, Pt. A, §14,
is amended to read:

 
Rules adopted by the board under this subchapter shall must be
submitted for review by the joint standing committee of the
Legislature having jurisdiction over energy and natural resources
and, until December 1, 1987, to the joint standing committee of
the Legislature having jurisdiction over audit and program review
matters. In reviewing the rules promulgated adopted by the board


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