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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 551
S.P. 606 - L.D. 1655

An Act To Amend Certain Laws Relating to Environmental Protection

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §1102-A, sub-§§9 and 10, as enacted by PL 1999, c. 386, Pt. F, §8, are amended to read:

     9. Plumbers. A person licensed under chapter 49, except that this exemption applies only to disconnection and connection of electrical conductors required in the replacement of water pumps and water heaters of the same or smaller size in residential properties; or

     10. Pump installers. A person licensed under chapter 69-C, except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps of the same or smaller size in residential properties and the installation of new water pumps and associated equipment of 3 horsepower or smaller.; or

     Sec. 2. 32 MRSA §1102-A, sub-§11 is enacted to read:

     11. Wastewater treatment plants. Wastewater treatment plants, as defined in section 4171, and regular employees of wastewater treatment plants making electrical installations in or about wastewater treatment plants.

     Sec. 3. 32 MRSA §10003, sub-§1, as amended by PL 2001, c. 626, §9, is further amended to read:

     1. Establishment and membership. There is established within the Department of Environmental Protection, the Board of Underground Storage Tank Installers. The board consists of 7 members appointed by the Governor as follows: one from the Department of Environmental Protection; one from either the Maine Oil Dealer's Association or the Maine Petroleum Association; one underground oil storage tank installer; one from the Maine Chamber and Business Alliance or an underground oil storage tank inspector or a 2nd underground oil storage tank installer; one from the Maine Fire Chiefs Association; and 2 public members.

     Sec. 4. 38 MRSA §343-H, sub-§4, as amended by PL 2001, c. 695, §1, is further amended to read:

     4. Reporting. The directors shall jointly report on the activities of all state agencies under the initiative to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over state government matters. The directors must submit their report for state agencies other than the state-supported institutions of higher learning no later than January 1, 2003, and biennially thereafter, and must submit their report for state-supported institutions of higher learning no later than January 1, 2004 2006, and biennially thereafter. The report must identify the successes of and the obstacles to implementation of the initiative and may include recommendations for any statutory changes necessary to accomplish the initiative.

     Sec. 5. 38 MRSA §413, sub-§1-B, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §28, is repealed and the following enacted in its place:

     1-B. License required for subsurface wastewater disposal systems. A license to install, operate or maintain a subsurface wastewater disposal system is governed as set forth in this subsection.

     Sec. 6. 38 MRSA §464, sub-§3, ¶B, as amended by PL 2003, c. 245, §7, is further amended to read:

     Sec. 7. 38 MRSA §467, sub-§2, as amended by PL 2003, c. 317, §4, is further amended to read:

     2. Dennys River Basin.

     Sec. 8. 38 MRSA §480-D, sub-§7, as enacted by PL 1987, c. 809, §2, is amended to read:

     7. Sand or gravel supply. If the activity is on or adjacent to a sand dune, it will not unreasonably interfere with the natural supply or movement of sand or gravel within or to the sand dune system or unreasonably increase the erosion hazard to the sand dune system.

     Sec. 9. 38 MRSA §551, sub-§2, ¶J, as enacted by PL 1991, c. 817, §11, is amended to read:

     Sec. 10. 38 MRSA §551, sub-§2, ¶M is enacted to read:

     Sec. 11. 38 MRSA §564, sub-§2-A, ¶H, as amended by PL 1993, c. 732, Pt. A, §2, is further amended to read:

     Sec. 12. 38 MRSA §564, sub-§2-A, as amended by PL 1995, c. 493, §10, is further amended by amending the last paragraph to read:

The requirements in paragraphs A and B do not apply to the following tanks provided the associated piping has secondary containment or a suction pump product delivery system or another leak detection system approved by the commissioner and provided that the tank and associated piping have been installed and are operated in accordance with the requirements of this subchapter, including rules adopted under this subchapter: tanks providing product to a generator; double-walled tanks with continuous interstitial space monitoring; and existing tanks constructed of fiberglass, cathodically protected steel or another commissioner-approved noncorrosive material that are monitored for a leak by a method able to detect a product loss or gain of 0.1 0.2 gallons or less per hour.

     Sec. 13. 38 MRSA §564, sub-§3, as repealed and replaced by PL 1991, c. 66, Pt. B, §6, is repealed.

     Sec. 14. 38 MRSA §568-B, sub-§1, ¶A, as enacted by PL 1993, c. 363, §12 and affected by §21, is amended to read:

     Sec. 15. 38 MRSA §569-A, sub-§2, ¶I, as enacted by PL 1991, c. 817, §26, is amended to read:

     Sec. 16. 38 MRSA §569-A, sub-§2, ¶L is enacted to read:

     Sec. 17. 38 MRSA §1310-X, sub-§4, ¶A, as enacted by PL 1995, c. 588, §1, is amended to read:

     Sec. 18. 38 MRSA §1661-C, sub-§4, ¶A, as enacted by PL 2001, c. 373, §3, is amended to read:

     Sec. 19. 38 MRSA §1670, sub-§6, as enacted by PL 1999, c. 779, §2, is amended to read:

     6. Meetings. The committee shall meet at least 4 2 times per year and at any time at the call of the chairs or upon written request to the chairs by 4 of the voting members.

     Sec. 20. 38 MRSA §1864, 2nd ¶, as enacted by PL 2001, c. 434, Pt. A, §7, is repealed.

     Sec. 21. 38 MRSA §1865 is enacted to read:

§1865. Public water supplies

     If an infested water body pursuant to section 1864 is a public drinking water supply, public notification by the commissioner and the Commissioner of Inland Fisheries and Wildlife is required prior to any response action that proposes the use of a chemical control agent. Public notification must include, at a minimum, notification of adjoining municipalities, property owners, drinking water suppliers who use that water supply and other affected persons, and must provide adequate time for public review and comment on the proposed emergency action. Chemical control agents may not be used on a water body that is a public water supply without the prior written consent of each public water supplier using that water body.

Effective July 30, 2004, unless otherwise indicated.

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