1.Recovery. The commissioner shall seek recovery to the use of the Maine Hazardous Waste Fund of all sums expended from the fund, including
overdrafts, for disbursements made from the fund under section 1319-E, subsection 1, paragraphs A, B and C, including interest
computed at 15% a year from the date of expenditure, unless the commissioner finds the amount too small or the likelihood of recovery too
uncertain. Requests by the department for reimbursement to the Maine Hazardous Waste Fund, if not paid within 30 days of
demand, may be turned over to the Attorney General for collection or may be submitted to a collection agency or agent or an
attorney retained by the department with the approval of the Attorney General pursuant to Title 5, section 191.
The commissioner may file a claim with or otherwise seek money from federal agencies to recover to the use of the fund all
disbursements from the fund.
[
2007, c. 655, §15 (AMD)
.]
2.Waiver of reimbursement. Upon petition of any person who has paid into the fund, the board, after opportunity for a hearing, may waive the right to
reimbursement to the fund if it finds that the incident was the result of:
A. An act of war; [1981, c. 478, §7 (NEW).]
B. An act of government, either state, federal or municipal, except insofar as the act was pursuant to section 1319-E; and [1981, c. 478, §7 (NEW).]
C. An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference
of any human agency. [1981, c. 478, §7 (NEW).]
[
1981, c. 478, §7 (NEW)
.]
3.Waiver of reimbursement for registered used oil collection centers. Upon petition of the owner or operator of a registered used oil collection center, the commissioner may waive the right
to reimbursement to the fund of costs incurred in the removal or abatement of up to 660 gallons of hazardous waste from that
collection center if the commissioner finds that:
A. The registered used oil collection center is in compliance with the requirements contained in section 1319-Y and any rules
adopted pursuant to section 1319-O, subsection 2, paragraph B; [1995, c. 573, §3 (NEW).]
B. The owner or operator of the registered used oil collection center:
(1) Did not mix the oil with hazardous waste; and
(2) Did not knowingly accept hazardous waste or oil mixed with hazardous waste; and [1995, c. 573, §3 (NEW).]
C. The commissioner has not granted any previous waivers of reimbursement for costs incurred in the removal or abatement of
hazardous waste from the same registered used oil collection center pursuant to this subsection during the previous 12 months. [1995, c. 573, §3 (NEW).]
Notwithstanding this subsection, the commissioner may not grant waivers of reimbursement to the fund pursuant to this subsection
that total more than $10,000 in any one fiscal year.
[
1995, c. 573, §3 (NEW)
.]
SECTION HISTORY
1981, c. 478, §7 (NEW).
1989, c. 890, §§A40,B258 (AMD).
1991, c. 817, §34 (AMD).
1995, c. 573, §3 (AMD).
2007, c. 655, §15 (AMD).
Data for this page extracted on 11/03/2009 08:48:40.