The Maine Forestry Operations Cleanup and Response Fund, referred to in this section as "the fund," is established to be used by the bureau as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $20,000. To this fund are credited permit fees, civil penalties and other fees and charges related to this subchapter. To this fund are charged expenses of the bureau incurred to mitigate and remediate damages or potential damages to waters of the State created by violations of this subchapter, including but not limited to costs of cleanup of discharges of pollutants to waters of the State and the restoration of water supplies.
1.Disbursements from and use of fund.
Money in the fund may be used by the department and disbursed only to
Free access — add to your briefcase to read the full text and ask questions with AI
The Maine Forestry Operations Cleanup and Response Fund, referred to in this section as "the fund," is established to be used by the bureau as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $20,000. To this fund are credited permit fees, civil penalties and other fees and charges related to this subchapter. To this fund are charged expenses of the bureau incurred to mitigate and remediate damages or potential damages to waters of the State created by violations of this subchapter, including but not limited to costs of cleanup of discharges of pollutants to waters of the State and the restoration of water supplies.
1.
Disbursements from and use of fund.
Money in the fund may be used by the department and disbursed only to pay the costs, including without limitation payments to contractors undertaking physical mitigation and remediation activities and equipment expenses, involved in the control of sediment and water flow, the abatement of pollution and the implementation of remediation activities, including restoration of water supplies, related to the discharge of sediment and other pollutants discharged or at risk of discharging to waters of the State by timber harvesting activities.
2.
Reimbursements to the fund.
The following provisions govern reimbursements to the fund.
3.
Lien.
All costs incurred by the State to mitigate and remediate damages or potential damages to waters of the State created by violations of this subchapter under subsection 1 and interest on those costs are a lien against the real estate of the responsible party. A certificate of lien signed by the director must be sent by certified mail to the responsible party prior to being recorded and may be filed in the office of the clerk of the municipality in which the real estate is located. The lien is effective when the certificate is recorded with the registry of deeds for the county in which the real estate is located. The certificate of lien must include a description of the real estate, the amount of the lien and the name of the owner as grantor.