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38 §1316-A. Investigation and enforcement

§1316-A. Investigation and enforcement If the commissioner finds upon investigation that an area or location where used motor vehicle tires are or were handled, stored or disposed of is not licensed or is in violation of the solid waste management rules relating to tires and presents a significant fire hazard or a threat to public […]

38 §1316-B. Abatement; cleanup; mitigation

§1316-B. Abatement; cleanup; mitigation If a responsible party does not comply immediately with all conditions of an administrative order issued pursuant to section 1316-A or an administrative consent agreement issued pursuant to section 347-A, subsection 4 or any court order, the commissioner may act to abate, clean up or mitigate the threat or hazard posed […]

38 §1316-C. Liability; recovery by State

§1316-C. Liability; recovery by State Each responsible party is jointly and severally liable for all costs incurred by the State, including court costs and attorney’s fees, for the abatement, cleanup or mitigation of the threat or hazard posed by an uncontrolled tire stockpile and for damages for injury to, destruction of, loss of or loss […]

38 §1316-D. Immunity

§1316-D. Immunity Notwithstanding Title 14, chapter 741, the State, its agencies or its employees are not liable for the death or injury of any person or for any property damage that results from abatement activities pursuant to this subchapter. This section does not affect the right of any person to receive workers’ compensation or other […]

38 §1316-E. Lien established

§1316-E. Lien established 1.  Establishment.  All costs incurred by the State, including court costs and attorney’s fees, for the abatement, cleanup or mitigation of an uncontrolled tire stockpile and all related interest and penalties constitute a lien against the real estate of the responsible party or parties.   [PL 1991, c. 517, Pt. A, §2 […]

38 §1316-F. Tire Management Fund

§1316-F. Tire Management Fund The Tire Management Fund is created within the department as a nonlapsing dedicated fund to pay the costs of tire stockpile abatement, remediation and cleanup. All funds appropriated or allocated to the fund must be deposited in the fund and the fund may accept grants, bequests, gifts or contributions from any […]

38 §1316-G. Tire stockpile abatement program

§1316-G. Tire stockpile abatement program The State shall undertake a program to eliminate tire stockpiles. The program is under the direction of the department with assistance from other agencies including the Department of the Attorney General, the Maine State Police, the Maine National Guard and the Department of Corrections.   [PL 2011, c. 655, Pt. […]

38 §1316. Prohibition

§1316. Prohibition A person may not handle used motor vehicle tires at an uncontrolled tire stockpile in violation of an order issued under this subchapter.   [PL 1991, c. 517, Pt. A, §2 (NEW).] SECTION HISTORY PL 1991, c. 517, §A2 (NEW).