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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 245
H.P. 1133 - L.D. 1547

An Act To Amend Certain Laws Administered by the Department of Environmental Protection

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

     Sec. 1. 12 MRSA §9325, sub-§1, ¶E, as amended by PL 2001, c. 626, §6, is further amended to read:

     Sec. 2. 38 MRSA §341-G, first ¶, as amended by PL 1997, c. 364, §18, is further amended to read:

     There is established the Board of Environmental Protection Fund to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any other provision of law, the funds identified in subsection 1 shall transfer annually to the Board of Environmental Protection Fund in an amount not to exceed $250,000 $325,000. Money in the Board of Environmental Protection Fund may only be expended in accordance with allocations approved by the Legislature.

     Sec. 3. 38 MRSA §342, sub-§7, as amended by PL 1999, c. 127, Pt. A, §53, is further amended to read:

     7. Representation in court. The commissioner may authorize licensed Maine attorneys with active bar status who are employees of the department and certified employees of the department to serve civil process and represent the department in District Court in the prosecution of violations of those laws enforced by the department and set forth in Title 4, section 152, subsection 6-A. Licensed Maine attorneys do not need to file the certification referred to in the Maine Rules of Civil Procedure, Rule 80K(h). Certification of these nonattorney employees must be provided as under Title 30-A, section 4453.

     Sec. 4. 38 MRSA §342, sub-§14, as enacted by PL 1991, c. 804, Pt. A, §2, is repealed.

     Sec. 5. 38 MRSA §347-A, sub-§1, ¶A, as repealed and replaced by PL 1993, c. 204, §1, is amended to read:

     Sec. 6. 38 MRSA §349, sub-§9, as repealed and replaced by PL 1997, c. 794, Pt. A, §9, is amended to read:

     9. Unavoidable malfunctions. The following considerations apply to violations resulting from unavoidable malfunctions.

     Sec. 7. 38 MRSA §464, sub-§3, ¶B, as enacted by PL 1985, c. 698, §15, is amended to read:

     Sec. 8. 38 MRSA §480-Z, sub-§3, as enacted by PL 1997, c. 101, §1 and affected by §2, is amended to read:

     3. Compensation fee program. The department shall may develop a compensation fee program in consultation with the State Planning Office, the United States Army Corps of Engineers and state and federal resource agencies, including the United States Fish and Wildlife Service and the United States Environmental Protection Agency.

Rules adopted pursuant to this subsection are routine technical rules under Title 5, chapter 375, subchapter II-A 2-A.

     Sec. 9. 38 MRSA §480-Z, sub-§§5 and 6, as amended by PL 2001, c. 232, §17, are repealed.

     Sec. 10. 38 MRSA §568-A, sub-§7, as enacted by PL 1997, c. 374, §5, is amended to read:

     7. Repeal date. This section is repealed December 31, 2005 2010.

     Sec. 11. 38 MRSA §568-B, sub-§3 is enacted to read:

     3. Repeal date. This section is repealed December 31, 2010.

     Sec. 12. 38 MRSA §569-A, sub-§5, ¶A, as amended by PL 1999, c. 505, Pt. A, §12, is further amended to read:

     Sec. 13. 38 MRSA §569-A, sub-§13, as amended by PL 1997, c. 374, §7, is further amended to read:

     13. Repeal date. This section is repealed December 31, 2005 2010.

     Sec. 14. 38 MRSA §569-B, sub-§8, as amended by PL 1997, c. 374, §9, is further amended to read:

     8. Effective date. This section takes effect December 31, 2005 2010.

     Sec. 15. 38 MRSA §570-A, 2nd ¶, as amended by PL 1997, c. 374, §10, is further amended to read:

     This section is repealed December 31, 2005 2010.

     Sec. 16. 38 MRSA §570-B, 2nd ¶, as amended by PL 1997, c. 374, §11, is further amended to read:

     This section is repealed December 31, 2005 2010.

     Sec. 17. 38 MRSA §570-I, 2nd ¶, as amended by PL 1997, c. 374, §12, is further amended to read:

     This section takes effect December 31, 2005 2010.

     Sec. 18. 38 MRSA §570-J, 2nd ¶, as amended by PL 1997, c. 374, §13, is further amended to read:

     This section is effective December 31, 2005 2010.

     Sec. 19. 38 MRSA §570-K, sub-§5, as enacted by PL 2001, c. 605, §3, is amended to read:

     5. Spill prevention and control. An aboveground oil storage facility used in the marketing and distribution of oil to others must be operated in compliance with the federal requirements for the preparation and implementation of spill prevention control and countermeasure plans under 40 Code of Federal Regulations, 112 (2001) in effect on April 17, 2003. Failure to comply with those federal requirements in accordance with the deadlines set by the United States Environmental Protection Agency constitutes a violation of this Title. If the department believes that a facility's plan does not satisfy those federal requirements, the department shall request an opinion from the United States Environmental Protection Agency as to the legal adequacy of the plan and any amendment necessary to bring the facility into compliance with those federal requirements. The department shall prepare educational and technical materials for use by facilities affected by this subsection. This subsection is repealed October 1, 2005.

     Sec. 20. PL 1991, c. 817, §28, as amended by PL 1997, c. 374, §15, is further amended to read:

     Sec. 28. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 570, first paragraph, as repealed and replaced by Public Law 1987, chapter 735, section 72, takes effect December 31, 2005 2010.

     Sec. 21. PL 1991, c. 817, §30, as amended by PL 1997, c. 374, §16, is further amended to read:

     Sec. 30. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 38, section 570, first paragraph, as amended by Public Law 1989, chapter 865, section 17 and affected by sections 24 and 25, is repealed December 31, 2005 2010.

Effective September 13, 2003, unless otherwise indicated.

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