LD 1493
pg. 4
Page 3 of 8 An Act To Expedite the Removal of Overboard Discharge Page 5 of 8
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LR 1863
Item 1

 
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is repealed and the following enacted in its place: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


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