LD 2255
pg. 7
Page 6 of 9 An Act to Make Corrections to Laws Recently Enacted by the 119th Legislature ... Page 8 of 9
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LR 3209
Item 1

 
A. The authority shall pay to each person, eligible under
this subsection 3, $2,000 upon presentation by the person to
the authority of a canceled check or other evidence determined
sufficient by the authority to demonstrate payment of the
person's share of total response costs at the waste oil
disposal site, unless the authority determines that the
payment made by the person at that site was in an amount less
than $2,000, in which case the authority shall pay to that
person an amount equal to the amount that person paid in
relation to the site. All payments made under this subsection
must be from funds transferred from the Maine Rainy Day Fund.

 
B. Any person eligible under this subsection 3 who presents
an invoice for that person's share of total response costs
at the site, but who has not yet paid the invoice, receives
a negotiable instrument from the authority made payable
jointly to that person and any entity identified by the
Department of Environmental Protection as assuming liability
for total response costs at the site. The negotiable
instrument must be in the amount of $2,000, unless the
authority determines that the payment to be made by the
person at the site will be in an amount less than $2,000, in
which case the authority shall pay to the person an amount
equal to the amount the person is to pay in relation to the
site. All payments made under this subsection must be from
funds transferred from the Maine Rainy Day Fund.

 
C. After the payments authorized in paragraphs A and B have
been made, additional payments must be made from the
available balance from funds transferred from the Maine
Rainy Day Fund to all persons who received funds under
paragraphs A and B who have paid their settlement share of
total response costs, and whose total liability at the site

 
exceeds the amount the persons received under paragraph A or
B. Distributions under this paragraph are proportionate to
the amount each person paid as the person's share of total
response costs at the site. Payments made pursuant to this
subsection may not exceed the person's settlement share of
total response costs attributable to eligible persons as
defined in this subsection multiplied by the total orphan
share percentage at the waste oil disposal site. The
authority may not issue deferred loans for eligible persons
who have received payments pursuant to this subsection.
This distribution must occur on April 1, 2000. Any
remaining funds in the fund must be transferred to the
Groundwater Oil Clean-up Fund.


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