Maine Revised Statutes Title 38 Sec. 1367-B – Limited exemptions from liability
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1. Limited exemption from liability for state or local governmental entities. Liability under section 1367 does not apply to the State or a political subdivision that acquired ownership or control of an uncontrolled hazardous substance site through tax delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for the collection of governmental taxes, assessments, expenses or charges, or involuntarily through abandonment, or in circumstances in which the State or a political subdivision involuntarily acquired ownership or control by virtue of its function as a sovereign. The exemption from liability provided under this subsection does not apply to the State or a political subdivision that has caused, contributed to or exacerbated a release or threatened release of a hazardous substance on or from the uncontrolled site.
[PL 2021, c. 117, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1367-B
- Hazardous substance: means :
A. See Maine Revised Statutes Title 38 Sec. 1362Political subdivision: means any city, town, plantation, county, administrative entity or instrumentality created pursuant to Title 30?A, chapter 115 or 119, or quasi-municipal corporation or special purpose district, including, but not limited to, any water district or sanitary district. See Maine Revised Statutes Title 38 Sec. 1362 Responsible party: means any one or more of the following persons:
A. See Maine Revised Statutes Title 38 Sec. 1362Site: includes all structures, appurtenances, improvements, equipment, machinery, containers, tanks and conveyances on the site. See Maine Revised Statutes Title 38 Sec. 1362 Subpoena: A command to a witness to appear and give testimony. uncontrolled site: means an area or location, whether or not licensed, at which hazardous substances are or were handled or otherwise came to be located, if it is concluded by the commissioner that the site poses a threat or hazard to the health, safety or welfare of any person or to the natural environment and that action under this chapter is necessary to abate, clean up or mitigate that threat or hazard. See Maine Revised Statutes Title 38 Sec. 1362 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
1-A. Limited exemption from liability for publicly owned treatment works. A publicly owned treatment works is exempt from liability under section 1367 as a responsible party under section 1362, subsection 2, paragraph C based on the contribution by the publicly owned treatment works of effluent or sewage sludge to an uncontrolled site, except that the exemption does not apply if the commissioner determines that the publicly owned treatment works:
A. Has failed to follow applicable requirements under this Title and the rules adopted pursuant to this Title for the disposal or use of effluent or sewage sludge; [PL 2021, c. 117, §4 (NEW).]
B. Has failed to comply with an information request or administrative subpoena issued by the department under this chapter; or [PL 2021, c. 117, §4 (NEW).]
C. Has impeded or is impeding, through action or inaction, the performance of a response action or natural resources restoration at the uncontrolled site. [PL 2021, c. 117, §4 (NEW).]
[PL 2021, c. 117, §4 (NEW).]
1-B. Limited exemption from liability for public water systems. A public water system is exempt from liability under section 1367 as a responsible party under section 1362, subsection 2, paragraph C based on the contribution by the public water system of water treatment residuals to an uncontrolled site, except that the exemption does not apply if the commissioner determines that the public water system:
A. Has failed to follow applicable requirements under this Title and the rules adopted pursuant to this Title for the disposal or use of water treatment residuals; [PL 2021, c. 117, §4 (NEW).]
B. Has failed to comply with an information request or administrative subpoena issued by the department under this chapter; or [PL 2021, c. 117, §4 (NEW).]
C. Has impeded or is impeding, through action or inaction, the performance of a response action or natural resources restoration at the uncontrolled site. [PL 2021, c. 117, §4 (NEW).]
For the purposes of this subsection, “public water system” has the same meaning as in the federal Safe Drinking Water Act Amendments of 1996, 42 United States Code § 300f.
[PL 2021, c. 117, §4 (NEW).]
2. Reimbursement for department expenses. Notwithstanding the exemption from liability provided in subsection 1, the State or a political subdivision that acquires or has acquired ownership of property that encompasses an uncontrolled hazardous substance site pursuant to any of the proceedings referred to in subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period in which the State or political subdivision had ownership of the property, up to the amount of the proceeds from the sale or disposition of the property minus the out-of-pocket costs of the sale or disposition.
[PL 2021, c. 117, §4 (AMD).]
SECTION HISTORY
PL 1991, c. 811, §4 (NEW). PL 1991, c. 811, §7 (AFF). PL 2021, c. 117, §4 (AMD).