1. Reporting. Except as provided in this subsection, the responsible party or person causing the discharge shall report a discharge immediately to the Department of Public Safety, which shall immediately notify the Commissioner of Environmental Protection and the public safety agency of the municipality in which the discharge takes place. Upon submission to the commissioner of a written spill prevention control and clean-up plan that meets the criteria of section 1318-C, subsection 1, a discharge containing a hazardous matter that is covered by the plan must be reported only if the discharge equals or exceeds the applicable reportable quantity for that particular hazardous matter as specified in Code of Federal Regulations, Title 40, Parts 302.4, 302.5 and 302.6 (b)(1), revised as of July 1, 1996 2002, or when the discharge extends or spreads beyond the area on the site covered by the spill prevention control and clean-up plan.

Sec. 34. 38 MRSA §1365, sub-§1, as enacted by PL 1983, c. 569, §1, is repealed and the following enacted in its place:

1.__Investigation.__Upon finding, after investigation, that a location at which hazardous substances are or were handled or otherwise came to be located may create a danger to the public health, to the safety of any person or to the environment, the commissioner may:

A.__Designate that location as an uncontrolled hazardous substance site;

B.__Order any responsible party dealing with the hazardous substances to cease immediately or to prevent that activity and to take an action necessary to terminate or mitigate the danger or likelihood of danger; and

C.__Order any person contributing to the danger or likelihood of danger to cease or prevent that contribution.

Sec. 35. 38 MRSA §1365, sub-§3, as enacted by PL 1983, c. 569, §1, is amended to read:

3. Service. Service of a copy of the commissioner's findings and an order shall must be made pursuant to by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure.