This text of Maine § 38 §1367-B (Limited exemptions from liability) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 threate
Free access — add to your briefcase to read the full text and ask questions with AI
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.
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:
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:
1-C.
Limited exemption from liability for department-licensed land application of sludge or sludge-derived products.
A person is exempt from liability under section 1367 as a responsible party for contamination of an uncontrolled site with perfluoroalkyl and polyfluoroalkyl substances if the person establishes to the satisfaction of the commissioner that the source of the contamination was primarily caused by department‑licensed land application of sludge or sludge-derived products performed by a 3rd party that is not that person's employee or agent.
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.