§ 38 §551 — Maine Ground and Surface Waters Clean-up and Response Fund

Maine § 38 §551

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

Text

The Maine Ground and Surface Waters Clean-up and Response Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $18,500,000. The Department of Environmental Protection shall collect fees in accordance with subsection 4. To this fund are credited all license and registration fees, fees for late payment or failure to register, penalties, transfer fees, reimbursements, assessments and other fees and charges related to this subchapter and subchapter 2‑B. To this fund are charged any and all expenses of the department related to this subchapter, including administrative expenses, costs of removal of discharges of pollutants, 3rd-party damages, costs of cleanup of discharges of oil and oil by-products, including, but not limited to, restoration of water supplies and any obligations of the State pursuant to Title 10, section 1024, subsection 1.
Money in the fund not needed currently to meet the obligations of the department in the exercise of its responsibilities under this subchapter must be deposited with the Treasurer of State to the credit of the fund, and may be invested in such manner as is provided for by statute. Interest received on that investment must be credited to the fund.
1.
Research and development.
1-A.
Sensitive area data management and mapping.
1-B.
Research and development.
The Legislature may allocate not more than $100,000 per annum of the amount currently in the fund to be devoted to research and development in the causes, effects and removal of pollution caused by oil on waters of the State. Such allocations must be made in accordance with section 555.
2.
Third-party damages.
Any person claiming to have suffered property damage or actual economic damages, including, but not limited to, loss of income and medical expenses arising from physical bodily injury, directly or indirectly as a result of a discharge of oil prohibited by section 543 including all discharges of oil from interstate pipelines, in this subsection called "the claimant," may apply within 12 months after the occurrence of a discharge to coastal waters and for other discharges within 2 years after the occurrence or discovery of the injury or damage, whichever date is later, to the commissioner stating the amount of damage alleged to have been suffered as a result of that discharge. The commissioner shall prescribe appropriate forms and details for the applications. The commissioner may contract with insurance professionals to process claims. The commissioner may, upon petition and for good cause shown, waive the time limitation for filing damage claims. All 3rd-party damage claims for which no determination of award has been made must be processed in accordance with the substantive and procedural provisions of this section.
2-A.
Exceptions; 3rd party damage claims.
2-B.
Claimant contact.
When the commissioner becomes aware of a claimant under subsection 2, the commissioner shall send a letter by certified mail to inform that person of the 3rd-party damage claims process under subsection 2. The letter must contain the name and telephone number of a contact person available to explain the claims procedure.
3.
Board of Arbitration.
3-A.
Determination of disputed 3rd-party damage claims.
The commissioner shall establish a disputed claims processing capability within the department to hear and determine claims filed under this subchapter that are not agreed upon by the claimant and the commissioner and any responsible party who has joined as an interested party.
4.
Funding.
The fund is funded pursuant to this subsection.
4-A.
Penalty for late payment of fees.
Fees assessed under subsection 4 are due to the department on or before the last day of the month immediately following the month in which the oil was transferred or first transported in this State. Licensees or registrants who fail to pay the fee by that date shall pay an additional amount equal to 10% of the amount assessed under subsection 4. The department may waive the penalty for good cause shown by the licensee or registrant. Good cause may include, without limitation, events that may not be reasonably anticipated or events that were not under the control of the licensee or registrant.
4-B.
Reimbursement for fees imposed on transfers out of state.
Any person who paid a fee under subsection 4, paragraph A‑1, subparagraph (2), (3) or (4) on petroleum products that were exported from this State must be reimbursed by the department in the following amounts upon presentation of documentation of that payment and transfer:
5.
Disbursements from fund.
Money in the fund may be disbursed for the following purposes and no others:
6.
Reimbursements to Maine Ground and Surface Waters Clean-up and Response Fund.
For the use of the fund, the commissioner shall seek recovery of disbursements from the fund for the following purposes, including overdrafts and interest computed at 15% a year from the date of expenditure, unless the department finds the amount involved too small, the likelihood of success too uncertain or that recovery of costs is unlikely due to the inability of the responsible party to pay those costs, except that recoveries resulting from damage due to an oil pollution disaster declared by the Governor pursuant to section 547 must be apportioned between the fund and the General Fund so as to repay the full costs to the General Fund of any bonds issued as a result of the disaster:
6-A.
Lien.
All costs incurred by the State in the removal, abatement and remediation of a prohibited discharge of oil, all costs incurred by the State in the abandonment of an underground oil storage facility or tank under section 566‑A, subsection 4 and interest are a lien against the real estate of the responsible party. The lien does not apply to the real estate of a licensee if the discharge was caused or suffered by a carrier destined for the licensee's facilities. For a responsible party determined eligible for coverage under section 568‑A, subsection 1, the lien is for the amount of any unpaid deductible assigned under section 568‑A, subsection 2 and any eligible clean-up costs and 3rd-party damage claims above $750,000, or above $1,000,000 for underground oil storage facilities.
7.
Waiver of reimbursement.
Upon petition of any licensee, the board may, after hearing, waive the right to reimbursement to the fund if it finds that the occurrence was the result of any of the following:
8.
Disbursements to state agencies.
A state agency that seeks reimbursement from the fund for costs incurred in undertaking oil spill response activities shall keep time records demonstrating the amount of spill response activities performed for which reimbursement is sought. A state agency may establish a dedicated account for receipt of disbursements from the fund. Disbursements from the fund to a state agency pursuant to subsection 5, paragraph B must be deposited in that account, if it has been established, and may be used by the agency to support its activities.

Legislative History

PL 1969, c. 572, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1973, c. 625, §§278,279 (AMD). PL 1975, c. 379, §§1-3 (AMD). PL 1977, c. 375, §§10-16 (AMD). PL 1979, c. 541, §A268 (AMD). PL 1979, c. 708 (AMD). PL 1981, c. 356, §§1,2 (AMD). PL 1983, c. 273, §§1,2 (AMD). PL 1983, c. 483, §§11-15 (AMD). PL 1985, c. 496, §A13 (AMD). PL 1985, c. 746, §22 (AMD). PL 1987, c. 750, §3 (AMD). PL 1989, c. 500, §§1-3 (AMD). PL 1989, c. 502, §A147 (AMD). PL 1989, c. 868, §§4-9,19 (AMD). PL 1989, c. 890, §§A40,B117- 123 (AMD). RR 1991, c. 2, §147 (COR). PL 1991, c. 66, §§A19-21 (AMD). PL 1991, c. 66, §A42 (AFF). PL 1991, c. 454, §§8-12 (AMD). PL 1991, c. 454, §14 (AFF). PL 1991, c. 698, §§10,11 (AMD). PL 1991, c. 817, §§11-19 (AMD). RR 1993, c. 1, §125 (COR). PL 1993, c. 355, §§11-13 (AMD). PL 1993, c. 621, §2 (AMD). PL 1993, c. 720, §§2,3 (AMD). PL 1995, c. 399, §§2-4 (AMD). PL 1995, c. 399, §21 (AFF). PL 1997, c. 188, §1 (AMD). PL 1997, c. 364, §§26-29 (AMD). PL 1999, c. 334, §1 (AMD). PL 2003, c. 137, §1 (AMD). PL 2003, c. 551, §§9,10 (AMD). PL 2005, c. 330, §20 (AMD). PL 2005, c. 561, §5 (AMD). PL 2007, c. 292, §29 (AMD). PL 2009, c. 501, §§5, 6 (AMD). PL 2013, c. 349, §1 (AMD). PL 2015, c. 319, §16 (AMD). PL 2019, c. 583, §§1, 2 (AMD). PL 2025, c. 94, §1 (AMD).