§ 38 §411 — State contribution to pollution abatement

Maine § 38 §411

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

The commissioner may pay an amount not to exceed 80% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners. The commissioner may make payments to the Maine Municipal Bond Bank to supply the State's share of the revolving loan fund established by Title 30‑A, section 6006‑A. The commissioner may pay up to 90% of the expense of a municipal or quasi-municipal pollution abatement construction program or a pollution abatement construction program in an unorganized township or plantation authorized by the county commissioners in which the construction cost of the project does not exceed 250% of the median household income in the State. Median household income must be based on the most recent data from the State Economist or the United States Department of Commerce, Bureau of the Census, whichever is lower. Not more than one grant may be made to any applicant in a calendar year. The commissioner may pay a percentage of the cost of individual projects serving single-family dwellings, or seasonal dwellings or commercial establishments according to the following schedule:
1.
Single family dwellings.
The grant percentage for single-family dwellings is as follows:
2.
Seasonal dwellings.
The grant percentage for seasonal dwellings is as follows:
3.
Commercial establishments.
The grant percentage for commercial establishments is as follows:
For purposes of this section, annual income is determined separately for residential property owners and commercial establishments. For a residential property owner, including a trust, "annual income" means the sum of the taxable incomes of each owner of the property if it is jointly owned, or of each beneficiary and grantor if the property owner is a trust, for the previous year as listed on the relevant federal income tax returns for the previous year. For a commercial establishment, "annual income" means taxable income or ordinary business income for the previous year as listed on the relevant federal income tax return plus any depreciation or other noncash expense that was deducted to compute taxable or ordinary business income on that return. A rental property must be considered a commercial establishment or as contributing to annual income depending on how it is reported on the owner's federal income tax return from the previous year.
For a pollution abatement system that is used by multiple single-family or seasonal dwellings, such as resident-owned mobile home parks or home owners' associations, and the property is not owned by a commercial establishment, the average annual income of all single-family or seasonal dwellings attached to the pollution abatement system must be used to calculate the allowable grant percentage.
To determine eligibility, the commissioner may require an applicant to submit a copy of the relevant federal income tax return of the owner or owners. In addition to any penalty adjudged under section 349, a person who knowingly makes any false statement, representation or certification in the application for a grant under this section and who receives such a grant shall, upon conviction, make restitution to the department in an amount equal to the amount of the grant plus interest and reasonable recovery cost incurred by the department.
For small individual projects, following a period of 90 days from the date of application for assistance under this section, or as ground conditions permit, the unavailability of financial assistance under this section does not relieve an applicant of an obligation to comply with the state water classification program, chapter 3, subchapter I, article 4‑A or any other provision of law.
State grant-in-aid participation under this section is limited to grants for waste treatment facilities, interceptor systems and collector systems and outfalls. The word "expense" does not include costs relating to land acquisition or debt service, unless allowed under federal statutes and regulations.
The commissioner shall develop a project priority list, for approval and adoption by the board, for pollution abatement construction and salt or sand-salt storage building projects. The factors considered in developing the priority lists include, but are not limited to, protection of groundwater and surface water, land use, shellfish, general public health hazards and water contact activities. The commissioner shall revise the project priority list for municipal and county salt and sand-salt storage facilities by October 1, 1999 and for all other sand and salt storage facilities by April 1, 2000. An owner or operator of a salt or sand-salt storage area may appeal the ranking and provide new information to the commissioner within 120 days of notification, which may change final priority ranking. The board shall release a final project priority list of municipal and county sites by April 1, 2000, and for all other sand and salt storage facilities by July 1, 2000. The board may not change the priority ranking for a municipality or county that prior to January 1, 1999 built a facility and also registered the site with the department pursuant to section 413.
All proceeds of the sale of bonds for the construction and equipment of pollution abatement facilities expended under the direction and supervision of the commissioner must be segregated, apportioned and expended as provided by the Legislature.

Legislative History

PL 1965, c. 425, §24 (AMD). PL 1965, c. 513, §79 (AMD). PL 1967, c. 268 (AMD). PL 1967, c. 475, §§9-A (AMD). PL 1967, c. 538, §§1,3 (RPR). PL 1969, c. 431, §9 (AMD). PL 1969, c. 499, §§5-8 (AMD). PL 1971, c. 618, §12 (AMD). PL 1973, c. 694, §1 (RPR). PL 1981, c. 398, §§1,2 (AMD). PL 1983, c. 566, §15 (AMD). PL 1985, c. 479, §3 (RPR). PL 1985, c. 689, §§1-3 (AMD). PL 1987, c. 502, §§1,2 (AMD). PL 1987, c. 751, §12 (AMD). PL 1989, c. 104, §§B13,C10 (AMD). PL 1989, c. 890, §A40 (AFF). PL 1989, c. 890, §§A40,B24 (AMD). PL 1991, c. 96 (AMD). PL 1991, c. 238, §2 (AMD). PL 1991, c. 824, §A83 (AMD). PL 1993, c. 223, §1 (AMD). PL 1995, c. 186, §§1,2 (AMD). PL 1999, c. 243, §3 (AMD). PL 1999, c. 375, §§1,2 (AMD). PL 1999, c. 387, §3 (AMD). PL 1999, c. 790, §A50 (AMD). PL 2001, c. 232, §9 (AMD). RR 2015, c. 2, §26 (COR). PL 2017, c. 137, Pt. A, §8 (AMD). PL 2025, c. 44, §§1-6 (AMD).