§1361. Findings and purpose The Legislature finds and declares that uncontrolled hazardous substance sites within the jurisdiction of the State present a hazard to all the people of the State and that hazard poses a threat or potential threat to the public health, safety or welfare, to the environment of the State and to owners […]
§1362. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 569, §1 (NEW).] 1. Hazardous substance. “Hazardous substance” means: A. Any substance identified by the department under section 1319‑O; [PL 2019, c. 315, §13 (AMD).] B. Any substance identified by […]
§1363. Prohibited acts No person may handle hazardous substances at an uncontrolled hazardous substance site in violation of any order issued under this chapter. [PL 1983, c. 569, §1 (NEW).] SECTION HISTORY PL 1983, c. 569, §1 (NEW).
§1364. Powers and duties of the department 1. Technical services. The commissioner shall establish a technical services capability within the department to assist in the identification, evaluation and mitigation of uncontrolled hazardous substance sites. [PL 1983, c. 569, §1 (NEW).] 2. Rules. The board may adopt rules related to the handling of hazardous substances; […]
§1365. Designation of uncontrolled hazardous substance sites 1. Investigation. Upon finding, after investigation, that a location at which hazardous substances are or were handled or otherwise came to be located may create a danger to the public health, to the safety of any person or to the environment, the commissioner may: A. Designate that […]
§1366. Abatement, clean up and mitigation costs Whenever possible and practical, the commissioner shall make use of resources available under the Superfund program or other federal programs to evaluate and investigate uncontrolled sites and to abate, clean up or mitigate threats or hazards posed or potentially posed by uncontrolled sites. [PL 1989, c. 890, […]
§1367-A. Limited exemption from liability for financial institutions and federal and state banking or lending agencies (REPEALED) SECTION HISTORY PL 1991, c. 811, §4 (NEW). PL 1991, c. 811, §7 (AFF). PL 1993, c. 732, §A11 (RP).
§1367-B. Limited exemptions from liability 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 […]
§1367-C. Limit on obligation to replace or treat water supply wells If a water supply well is installed after October 1, 1994 to serve a location that immediately before the well installation was served by a viable community public water system, and the well is or becomes contaminated with a hazardous substance: [PL 1993, […]
§1367. Liability; recovery by the State for abatement, clean up or mitigation costs and for damages Each responsible party is jointly and severally liable for all costs incurred by the State resulting from hazardous substances at the site or from the acts or omissions of a responsible party with respect to those hazardous substances and […]
§1368. Emergency Whenever the commissioner determines that an emergency exists as the result of a threat or hazard posed by an uncontrolled site, the commissioner shall immediately notify the Governor. The Governor may declare an emergency and, in addition to whatever action is necessary and available to the Governor under law, may authorize the Commissioner […]
§1369. Immunity Notwithstanding the provisions of Title 14, chapter 741, neither the State nor any agency or employee thereof engaged in any abatement, clean up or mitigation activity, while complying with or attempting to comply with this chapter, or with any rule adopted or directive issued in the implementation of this chapter, may be liable […]
§1370. Property forfeited The following property shall be subject to forfeiture to the State in accordance with the procedures set forth in section 1319-U and all property rights therein shall be in the State: [PL 1987, c. 517, §30 (AMD).] 1. Real estate. All real estate, structures, appurtenances, improvements, equipment, machinery, containers, tanks, conveyances, […]
§1371. Lien established 1. Established. All costs incurred by the State for the abatement, cleanup or mitigation of hazards posed by an uncontrolled hazardous substance site and all interest and penalties shall be a lien against the real estate of the responsible party. [PL 1987, c. 540 (RPR).] 2. Priority. The priority of a […]
