LD 1588
pg. 9
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LR 379
Item 1

 
pursuant to this article.__That portion of the development
within the jurisdiction of the commission is exempt from the
requirements of this article except as provided in paragraph
B.

 
B.__If a development is located as described in paragraph A,
the department may review those aspects of a development
within the jurisdiction of the Maine Land Use Regulation
Commission if the commission determines that the development
is an allowed use within the subdistrict or subdistricts for
which it is proposed pursuant to Title 12, section 685-B.__A
permit from the Maine Land Use Regulation Commission is not
required for those aspects of a development approved by the
department under this paragraph.

 
Review by the department of subsequent modifications to a
development approved by the department is required.__For a
development or part of a development within the jurisdiction of
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. 20. 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.


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