LD 1588
pg. 8
Page 7 of 18 An Act To Amend Certain Laws Administered by the Department of Environmental Pr... Page 9 of 18
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LR 379
Item 1

 
the Maine Land Use Regulation Commission, the director of the
commission may request and obtain technical assistance and
recommendations from the department.__The commissioner shall
respond to the requests in a timely manner.__The recommendations of
the department must be considered by the Maine Land Use Regulation
Commission in acting upon a development application.

 
Sec. 17. 38 MRSA §551, sub-§2, as amended by PL 2003, c. 551, §§9 and
10, is further amended by amending the first paragraph to read:

 
2. Third-party damages. Any person claiming to have suffered
property damage or actual economic damages, including, but not
limited to, loss of income and medical expenses arising from
physical bodily injury, directly or indirectly as a result of a
discharge of oil prohibited by section 543 including all
discharges of oil from interstate pipelines, in this subsection
called the claimant, may apply within 12 months after the
occurrence of a discharge to coastal waters and for other surface
discharges within 2 years after the occurrence or discovery of
the injury or damage, whichever date is later, to the
commissioner stating the amount of damage alleged to have been
suffered as a result of that discharge. The commissioner shall
prescribe appropriate forms and details for the applications.
The commissioner may contract with insurance professionals to
process claims. The commissioner may, upon petition and for good
cause shown, waive the time limitation for filing damage claims.
All 3rd-party damage claims for which no determination of award
has been made or that have not been referred to a board of
arbitration must be processed in accordance with the substantive
and procedural provisions of this section.

 
Sec. 18. 38 MRSA §568-A, sub-§2, śC, as amended by PL 1999, c. 652,
§11, is further amended by amending subparagraph (1) to read:

 
(1) For aboveground tanks subject to the jurisdiction
of the State Fire Marshal pursuant to 16-219 CMR,
chapter 317 34, the deductibles are:

 
(a) Five thousand dollars for failure to obtain a
construction permit from the Office of the State
Fire Marshal, when required under Title 25,
chapter 318 and 16-219 CMR, chapter 317 34;

 
(b) Five thousand dollars for failure to design
and install piping in accordance with section 570-
K and rules adopted by the department;


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