§541. Findings; purpose The Legislature finds and declares that the highest and best uses of the seacoast of the State are as a source of public and private recreation and solace from the pressures of an industrialized society, and as a source of public use and private commerce in fishing, lobstering and gathering other marine […]
§542. Definitions The following words and phrases as used in this subchapter shall, unless a different meaning is plainly required by the context, have the following meaning: [PL 1969, c. 572, §1 (NEW).] 1. Barrel. “Barrel” shall mean 42 U.S. gallons at 60 degrees Fahrenheit. [PL 1969, c. 572, §1 (NEW).] 2. Board. […]
§543. Pollution and corruption of waters and lands of the State prohibited The discharge of oil into or upon any coastal waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the State, or into or upon any lake, pond, river, stream, sewer, surface water drainage, ground water or other waters of the State […]
§544. Powers and duties of the board The powers and duties conferred by this subchapter shall be exercised by the department and shall be deemed to be an essential governmental function in the exercise of the police power of the State. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. […]
§545-A. Underground oil storage facilities (REPEALED) SECTION HISTORY PL 1983, c. 785, §12 (NEW). PL 1985, c. 496, §A9 (RP).
§545-B. Registration of transportation of oil in inland areas Effective October 1, 1988, any person who transports by rail or highway more than 25 barrels of oil into Maine at any one time must register annually with the commissioner. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §112 […]
§545. Operation without license prohibited No person shall operate or cause to be operated an oil terminal facility as defined in this subchapter without a license. [PL 1969, c. 572, §1 (NEW).] 1. Expiration of license. Licenses are issued upon application and are for a period of not less than 12 months to expire […]
§546-A. State marine oil spill contingency plan 1. Plan. The commissioner shall develop by December 31, 1991 a preliminary state marine oil spill contingency plan. The commissioner shall hold a public hearing in the process of developing the plan. The commissioner shall consult and coordinate with other agencies and organizations developing information for oil spill […]
§546-B. Sensitive area identification and protection 1. Sensitive area identification and data management. The commissioner, in consultation with the Department of Marine Resources, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and other appropriate agencies and organizations, both public and private, shall […]
§546-C. Wildlife rehabilitation plan 1. Wildlife rehabilitation plan. The Department of Inland Fisheries and Wildlife, in consultation with the Department of Environmental Protection, the Department of Marine Resources, the Department of Agriculture, Conservation and Forestry, the United States Fish and Wildlife Service and other appropriate agencies and organizations, shall develop a plan for rehabilitation of […]
§546. Regulatory powers of department 1. Procedure for adopting rules and regulations. [PL 1977, c. 300, §36 (RP).] 2. Emergency rules and regulations without hearing. [PL 1977, c. 300, §36 (RP).] 3. Enforcement of rules and regulations. [PL 1977, c. 300, §36 (RP).] 4. Extent of regulatory powers. The department shall adopt rules including but […]
§547. Emergency proclamation; Governor’s powers Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, the Governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the State. If the Governor is temporarily absent from the State or is otherwise unavailable, the […]
§548. Removal of prohibited discharges Any person discharging or suffering the discharge of oil in the manner prohibited by section 543 shall immediately undertake to remove that discharge to the commissioner’s satisfaction. Notwithstanding the above requirement, the commissioner may undertake the removal or cleanup of that discharge and may retain agents and contractors for those […]
§549. Personnel and equipment The commissioner shall establish and maintain at such ports within the State, and other places as the commissioner determines, employees and equipment necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the purposes of this subchapter, and shall prescribe […]
§550. Enforcement; penalties Any person who causes or is responsible for a discharge in violation of section 543 is not subject to any fines or civil penalties if that person: [PL 1991, c. 66, Pt. A, §18 (RPR).] 1. Report and remove. Reports within 2 hours and promptly removes the discharge in accordance with […]
§551-A. Oil Spill Advisory Committee (REPEALED) SECTION HISTORY PL 1991, c. 698, §12 (NEW). PL 2007, c. 292, §§30-32 (AMD). PL 2015, c. 319, §17 (RP).
§551. Maine Ground and Surface Waters Clean-up and Response Fund The Maine Ground and Surface Waters Clean-up and Response Fund is established to be used by the department as a nonlapsing, revolving fund for carrying out the purposes of this subchapter. The balance in the fund is limited to $18,500,000. The Department of Environmental Protection […]
§552-A. Detention of vessels Whenever there is probable cause to believe that a vessel has violated or been the means of a violation of this subchapter or any other law which the Department of Environmental Protection is responsible for administering or any rule or order of the board, commissioner or any official of the department […]
§552-B. Financial responsibility and facility closure 1. Financial responsibility; liability and facility closure costs. An owner or operator of an oil terminal facility shall provide to the department evidence of the owner’s or operator’s financial ability to satisfy the liability imposed pursuant to section 552 and to satisfy estimated probable facility closure costs in compliance […]
§552. Liability 1. Licensee shall be liable. A licensee shall be liable for all acts and omissions of its servants and agents, and carriers destined for the licensee’s facilities from the time such carrier shall enter state waters until such time as the carrier shall leave state waters. [PL 1969, c. 572, §1 (NEW).] […]
