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An Act To Clarify Governmental Liability with Respect to Transfer Stations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §8102, sub-§5  is enacted to read:
 
5.  Transfer station.     "Transfer station" means any solid waste facility constructed and managed for the transfer of solid waste.
Sec. 2. 14 MRSA §8104-A, sub-§5  is enacted to read:
 
5.  Transfer station.     A governmental entity is liable for its negligent acts and omissions in the construction, operation or maintenance of any transfer station.
 
SUMMARY
This bill addresses an inconsistency in the Maine Tort Claims Act as applied in recent Law Court decisions. This bill makes clear that a governmental entity is liable for its negligent acts and omissions in the construction, operation or maintenance of any transfer station. A definition of "transfer station" that tracks the Department of Environmental Protection's rules is added.