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22 §1322-C. Laboratory certification

§1322-C. Laboratory certification By July 1, 1993, the department shall adopt rules regarding the analysis of lead in environmental media, including, but not limited to, air, dust, soil, paint, pewter, pottery and water and shall establish a program to certify laboratories that perform lead analysis to ensure that those laboratories comply with the rules adopted […]

22 §1322-E. Lead Poisoning Prevention Fund

§1322-E. Lead Poisoning Prevention Fund 1.  Fund established.  The Lead Poisoning Prevention Fund, referred to in this section as “the fund,” is established within the department as a nonlapsing fund for the purposes specified in this section.   [PL 2005, c. 403, §1 (NEW).] 2.  Sources of fund.  The fund is funded from all fees […]

22 §1322. Child occupants

§1322. Child occupants A person may not knowingly rent a dwelling that has been posted and ordered cleared of harmful lead-based substances in accordance with section 1321. In circumstances where the presence of lead-based paint or building materials is unsuspected and becomes known when the dwelling is already rented to a family with children, the […]

22 §1323. Rules

§1323. Rules The department shall adopt rules to carry out the purposes of this chapter and to ensure that state law relating to lead poisoning satisfies minimum requirements of federal law in all respects. The rules may address, but are not limited to, the following:   [PL 1995, c. 453, §15 (AMD).] 1.  Lead-based substances.  […]

22 §1324-A. Liability of owners; damages (REPEALED)

§1324-A. Liability of owners; damages (REPEALED) SECTION HISTORY PL 1975, c. 239, §11 (NEW). PL 1991, c. 810, §32 (AMD). PL 1995, c. 453, §17 (RPR). PL 1995, c. 572, §1 (AMD). PL 1997, c. 375, §13 (AMD). MRSA T. 22 §1324-A, sub-§4 (RP).

22 §1324. No impairment to civil damages; local ordinances

§1324. No impairment to civil damages; local ordinances Nothing in this chapter shall be interpreted or applied in any manner to defeat or impair the right of any person, entity, municipality or other political subdivision to maintain an action or suit for damages sustained or equitable relief or for violation of an ordinance by reason […]

22 §1325. Violation

§1325. Violation A person who violates any section of this chapter or rules adopted pursuant to this chapter commits a Class E crime. In addition, other than for a violation covered under section 1316‑A, the department may, in accordance with Title 5, chapter 375, subchapter 4, impose an administrative penalty not to exceed $500 for […]

22 §1326. Injunction requiring removal

§1326. Injunction requiring removal If the lead-based substance remains an environmental lead hazard at the expiration of 30 days or at the expiration of an extension given by the commissioner pursuant to section 1321, that is a violation of this chapter and the State, in addition to any other remedies it has, may seek a […]

22 §1327. Essential maintenance practices

§1327. Essential maintenance practices Notwithstanding any other provision of law, an owner of a building constructed prior to 1978 that is rented for residential purposes or used as a preschool facility may perform essential maintenance practices as defined under rules of the Department of Environmental Protection, chapter 424, “Lead Management Regulations.”   [PL 1999, c. […]

22 §1329. Lead poisoning warning statement

§1329. Lead poisoning warning statement 1.  Display of poster; availability of brochure.  A retailer, store or commercial establishment that offers paint or other supplies intended for the removal of paint shall display a poster in a prominent and easily visible location and make available to its customers brochures containing statements that the dry sanding or […]

22 §1330. Report

§1330. Report The department shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters whenever the federal Department of Health and Human Services, Centers for Disease Control and Prevention adopts a new blood lead reference level based on the 97.5th percentile of blood lead levels in children […]