§341-A. Department of Environmental Protection There is established a Department of Environmental Protection, in this Title called the “department.” [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 1. Purpose. The department shall prevent, abate and control the pollution of the air, water and land and preserve, […]
§341-B. Rules The purpose of the Board of Environmental Protection is to provide informed, independent and timely decisions on the interpretation, administration and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in department decisions. The board shall fulfill its purpose through rulemaking, decisions on selected […]
§341-C. Board membership Membership of the Board of Environmental Protection is governed by this section. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 1. Appointments. The board consists of 7 members appointed by the Governor, subject to review by the joint standing committee of the Legislature […]
§341-D. Board responsibilities and duties The board is charged with the following duties and responsibilities. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 1. Rulemaking. [PL 1995, c. 347, §1 (AMD); MRSA T. 38 §341-D, sub-§1 (RP).] 1-A. Rulemaking. [PL 1997, c. 364, §17 (AMD); MRSA […]
§341-E. Board meetings Board meetings held under section 341-D are governed by the following provisions. [PL 2011, c. 304, Pt. H, §13 (AMD).] 1. Quorum. Four members of the board constitute a quorum. A quorum is required to open a meeting and for a vote of the board. [PL 2011, c. 304, Pt. […]
§341-F. Administration Responsibility for the administration of the board lies with the chair. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 1. Staff. Staff of the board must be hired by the chair with the consent of the board. The executive analyst shall direct the daily […]
§341-G. Board of Environmental Protection Fund There is established the Board of Environmental Protection Fund to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any other provision of law, the funds identified in subsection 1 transfer annually to the Board of Environmental Protection Fund in […]
§341-H. Departmental rulemaking Subject to Title 5, chapter 375, subchapter 2‑A, the board may adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering as provided in this section. The board shall also adopt, amend and repeal […]
§341. Department (REPEALED) SECTION HISTORY PL 1971, c. 618, §8 (NEW). PL 1975, c. 771, §418 (RPR). PL 1977, c. 78, §202 (AMD). PL 1977, c. 213, §4 (AMD). PL 1983, c. 812, §289 (AMD). PL 1989, c. 890, §§A12,40 (RP).
§342-A. Operations (REPEALED) SECTION HISTORY PL 1987, c. 816, §Z5 (NEW). PL 1989, c. 546, §4 (AMD). PL 1991, c. 499, §10 (RP). PL 1991, c. 499, §26 (AFF).
§342-B. Liability of fiduciaries and lenders 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. The following must be considered in determining whether a secured lender is “acting diligently to sell or otherwise divest” or as “evidence of diligent efforts to sell or […]
§342. Commissioner, duties The Commissioner of Environmental Protection shall have the following duties: [PL 1971, c. 618, §8 (NEW).] 1. [PL 1983, c. 483, §1 (RP).] 1-A. Administration of department. The commissioner is the chief administrative officer of the department and responsible for all administrative matters of the department, except as otherwise specified. The […]
§343-A. Rules (REPEALED) SECTION HISTORY PL 1983, c. 566, §4 (NEW). PL 1989, c. 890, §§A19,40 (RP).
§343-B. Preapplication and presubmission meetings At the request of a potential applicant or when required by rule, the department shall hold a preapplication meeting to identify the issues, types of information and documentation necessary for the department to properly assess a specific project. For any application that has had a preapplication meeting, the department shall […]
§343-C. Technical and Environmental Assistance Program The Technical and Environmental Assistance Program, referred to in this section as the “program,” is administered by the Office of Pollution Prevention. Participation in the program by any person is voluntary. The department may not require any person to participate in the program. [PL 1991, c. 804, Pt. […]
§343-D. Pollution Prevention and Small Business Assistance Advisory Panel (REPEALED) SECTION HISTORY PL 1991, c. 804, §C3 (NEW). PL 1991, c. 804, §C5 (AFF). PL 1993, c. 500, §2 (AMD). PL 1993, c. 500, §5 (AFF). PL 1995, c. 465, §A11 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 656, §A18 (AMD). PL […]
§343-E. Voluntary response action program 1. Liability protection for complete cleanup. Subject to the provisions of this section, a person may not be deemed a responsible party and that person is not subject to department orders or other enforcement proceedings or otherwise responsible under sections 568; 570; 1304, subsection 12; 1318‑A; 1319‑J; 1361 to 1367 […]
§343-F. Reporting and disclosure requirements An environmental professional who obtains analytical information indicating a discharge or release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products at a site, at levels that, in that professional’s best professional judgment, require removal or remedial action to prevent significant […]
§343-G. Environmental management systems (REPEALED) SECTION HISTORY PL 1999, c. 562, §1 (NEW). MRSA T. 38 §343-G, sub-§4 (RP).
§343-H. Clean Government Initiative 1. Initiative established; directors. The Clean Government Initiative, referred to in this section as the “initiative,” is established to assist state agencies and state-supported institutions of higher learning in meeting applicable environmental compliance requirements and to incorporate environmentally sustainable practices into all state government functions. The initiative is jointly directed by […]
