CHAPTER 129
H.P. 475 - L.D. 645
An Act to Provide Additional Financing for Costs Associated with the Remediation of a Waste Oil Site in Plymouth
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Portland-Bangor Waste Oil Services, a defunct Maine corporation, operated a waste oil handling facility in Plymouth; and
Whereas, this site is contaminated and must be cleaned up expeditiously to protect the public health, safety and welfare; and
Whereas, investigation and cleanup of the site will be expensive; and
Whereas, under state and federal law, any entity that sent waste oil or other contaminants to the site is a "responsible party" and, as such, is jointly and severally liable for the cost of investigation and cleanup; and
Whereas, this liability may pose an extraordinary financial hardship to small businesses, municipalities and others who sent waste oil to the site; and
Whereas, some waste oil handled at the site was collected from households as a public service and it is in the public interest to ensure the continued financial viability of the service station owners and other small business owners who provided this service; and
Whereas, responsible parties at the Plymouth site have been asked to reimburse the United States Environmental Protection Agency for expenses incurred at that site; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1023-M, sub-§2, as amended by PL 2001, c. 561, §1, is further amended by amending the first paragraph to read:
2. Eligibility to participate in loan program. The authority may use money in the fund to carry out any power of the authority under this section or under section 1026-S, including, but not limited to, the pledge or transfer and deposit of money in the fund as security for and the application of money in the fund in payment of principal, interest and other amounts due on insured loans. Money in the fund may be used for direct loans or deferred loans for all or part of the costs of the Plymouth waste oil site remedial study, past cost settlement, implementation of institutional controls selected by the United States Environmental Protection Agency to prevent use of contaminated groundwater by nearby residents and time-critical removal action costs when the authority determines that:
Sec. 2. 10 MRSA §1023-M, sub-§2, as amended by PL 2001, c. 561, §1, is further amended by amending the 3rd paragraph from the end to read:
Money in the fund may not be used for attorney's fees associated with costs of the Plymouth waste oil site remedial study, past cost settlement, implementation of institutional controls or time-critical removal action, except that money in the fund may be used for attorney's fees incurred for the preparation of restrictive covenants, including deed and title research, for the properties within the area identified by the United States Environmental Protection Agency as the institutional control zone in order to implement the institutional controls selected by the United States Environmental Protection Agency.
Sec. 3. 10 MRSA §1023-M, sub-§2-A, as enacted by PL 2001, c. 356, §7, is repealed.
Sec. 4. 10 MRSA §1023-M, sub-§3, as enacted by PL 2001, c. 356, §7, is amended to read:
3. Determinations regarding eligibility. The authority shall establish a registry of all persons who qualify under subsection 2 to have a portion of their share of costs of the Plymouth waste oil site remedial study, past cost settlement and time-critical removal action costs paid pursuant to this section. The authority shall adopt rules relating to eligibility, including the calculation of an eligible person's proportionate share, procedures to ensure that money paid pursuant to this section is used to settle an eligible person's liabilities related to the waste oil disposal site and repayment of any amounts in excess of that person's share. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A 2-A.
Sec. 5. Deadline for applications. Applications submitted pursuant to the Maine Revised Statutes, Title 10, section 1023-M, subsection 2 must be received by the Finance Authority of Maine within 90 days after the effective date of this Act, except that the Finance Authority of Maine may extend that deadline by an additional period of time not to exceed 60 days for good cause shown.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective May 13, 2003.
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