| | |
E.__For an owner of overboard discharge with an annual | | income over $100,000, 25%; and |
|
| | | F.__For a publicly owned overboard discharge facility, 50% | | to a maximum of $150,000. |
|
| | | For purposes of this subsection, "annual income" means the sum | | of all the property owner's federal taxable income for the | | previous year for single family dwellings, gross profits for | | the previous year for commercial establishments and gross | | rents for the previous year for rental properties, as listed | | on the relevant federal income tax returns. |
|
| | | Sec. 5. 38 MRSA §411-A, sub-§4, as amended by PL 1991, c. 499, §14, | | is repealed and the following enacted in its place: |
|
| | | 4. Reimbursement.__The commissioner shall utilize grants | | under this section to reimburse individuals for the cost of | | removing any overboard discharge, subject to the provisions of | | subsection 2-A, when: |
|
| | | A. The removal occurred after September 30, 1989 but was | | carried out according to plans and specifications approved | | by the commissioner in advance of construction and prior | | to the offering of a grant under this section; |
|
| | | B. The removal resulted in the elimination of sources of | | contamination to shellfish areas or public nuisance | | conditions; and |
|
| | | C.__The removal is required under section 413, subsection | | 3 or section 414-A, subsection 1-B. |
|
| | | Sec. 6. 38 MRSA §413, sub-§3, as amended by PL 1989, c. 890, Pt. B, | | §28 and affected by Pt. A, §40, is further amended to read: |
|
| | | 3. Transfer of ownership. In the event that any person | | possessing a license issued by the department transfers the | | ownership of the property, facility or structure that is the | | source of a licensed discharge, without transfer of the | | license being approved by the department, the license granted | | by the department continues to authorize a discharge within | | the limits and subject to the terms and conditions stated in | | the license, provided that the parties to the transfer are | | jointly and severally liable for any violation thereof until | | such time as the department approves transfer or issuance of a | | waste discharge license to the new owner. The department may | | in its discretion require the new owner to apply for a new | | license, or may approve |
|
|
