38 §3105. Labels; stamps; brand names
§3105. Labels; stamps; brand names 1. Labels. Except as provided under subsections 2 and 4, the refund value and the word “Maine” or the abbreviation “ME” must be clearly indicated on every refundable beverage container sold or offered for sale by a dealer in this State, by embossing, stamping, labeling or other method of secure […]
38 §3003. Nature of rights
§3003. Nature of rights 1. Holder. Any person, including a person that owns an interest in the real property, the agency or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property. When […]
38 §3106. Application
§3106. Application 1. Dealer acceptance. Except as otherwise provided in this section, a dealer operating a retail space of 5,000 square feet or more may not refuse to accept from any consumer or other person not a dealer any empty, unbroken and reasonably clean beverage container or refuse to pay in cash the refund value […]
38 §3004. Contents of environmental covenant
§3004. Contents of environmental covenant 1. Required contents. An environmental covenant must: A. State that the instrument is an environmental covenant executed pursuant to this chapter; [PL 2005, c. 370, §1 (NEW).] B. Contain a legally sufficient description of the real property subject to the covenant; [PL 2005, c. 370, §1 (NEW).] […]
38 §3107. Commingling of beverage containers
§3107. Commingling of beverage containers Notwithstanding any other provision of this chapter to the contrary, 2 or more initiators of deposit may enter into a commingling agreement through which some or all of the beverage containers for which the initiators have initiated deposits may be commingled by dealers and operators of redemption centers as provided […]
38 §3005. Validity; effect on other instruments
§3005. Validity; effect on other instruments 1. Runs with land. An environmental covenant that complies with this chapter runs with the land. [PL 2005, c. 370, §1 (NEW).] 2. Valid and enforceable. An environmental covenant that is otherwise effective is valid and enforceable even if: A. It is not appurtenant to an interest […]
38 §3108. Unclaimed deposits
§3108. Unclaimed deposits The provisions of this section apply only to those beverage containers that are not subject to a commingling agreement pursuant to section 3107. [PL 2015, c. 166, §14 (NEW).] 1. Deposit transaction fund. An initiator of deposit shall maintain a separate account to be known as the initiator’s deposit transaction fund. […]
38 §3006. Relationship to other land-use law
§3006. Relationship to other land-use law This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real […]
38 §3007. Notice
§3007. Notice 1. Provision of copy. A copy of an environmental covenant must be provided by the persons and in the manner required by the agency to: A. Each person who signed the covenant; [PL 2005, c. 370, §1 (NEW).] B. Each person holding a recorded interest in the real property subject to […]
38 §3008. Recording
§3008. Recording 1. Recording required. An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder must be treated as a grantee. [PL 2005, c. 370, §1 (NEW).] […]