REVISOR'S REPORT 2007, CHAPTER 2
Second Regular Session of the 123rd

     Sec. 1. 6 MRSA 172, sub-7, as enacted by PL 2007, c. 563, 1, is corrected to read:

     7. Founding entity. "Founding entity" means any municipality or county that has on its own or together with one or more other municipalities or counties developed an airport authority proposal for approval under this chapter.

EXPLANATION

     This section corrects a clerical error.

     Sec. 2. 12 MRSA 1890-B, as reallocated by PL 2007, c. 695, Pt. A, 13, is corrected to read:

1890-B. Allagash Wilderness Waterway Permanent Endowment Fund

     The Treasurer of State shall establish a dedicated, nonlapsing account called the Allagash Wilderness Waterway Permanent Endowment Fund and shall manage the account as a state-held trust. Subject to the approval of the Governor, the commissioner may accept funds from any source and may accept gifts in trust to be credited to the Allagash Wilderness Waterway Permanent Endowment Fund, except that a gift may not be accepted with any encumbrances or stipulations as to the use of the gift. Interest earned on investments in the fund must be credited to the fund. With the advice of the Allagash Wilderness Waterway Advisory Council under section 1891 1890-A, the director may expend money from the fund for purposes consistent with section 1871 and an approved waterway management plan.

EXPLANATION

     This section corrects a cross-reference.

     Sec. 3. 12 MRSA 6038, as enacted by PL 2007, c. 615, 5, is reallocated to 12 MRSA 6040.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 606 and 615, which enacted 2 substantively different provisions with the same section number.

     Sec. 4. 12 MRSA 6073-B, as enacted by PL 2007, c. 607, Pt. A, 1, is reallocated to 12 MRSA 6073-C.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 522 and 607, which enacted 2 substantively different provisions with the same section number.

     Sec. 5. 17 MRSA 2859, sub-1, as enacted by PL 1981, c. 43, is corrected to read:

     1. Commencement of action. A municipality, acting through its building inspector official, code enforcement officer, fire chief or municipal officers, shall file a verified complaint setting forth such facts as would justify a conclusion that a building or structure is "dangerous," as that term is defined in section 2851; and shall state therein in the complaint that the public health, safety or welfare requires the immediate removal of that building or structure.

EXPLANATION

     This section replaces the word "inspector" with the word "official" pursuant to Public Law 2007, chapter 699, section 24. This section also makes a technical change.

     Sec. 6. 20-A MRSA 15689-A, sub-16, as enacted by PL 2007, c. 539, Pt. W, 2, is reallocated to 20-A MRSA 15689-A, sub-18.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapter 539, Pt. C, 12 and Pt. W, 2, which enacted 2 substantively different provisions with the same subsection number.

     Sec. 7. 22 MRSA 674, sub-5, as amended by PL 2007, c. 539, Pt. KK, 9, is corrected to read:

     5. Coordination. The commissioner shall serve as the coordinator of radiation activities among the Maine Emergency Management Agency, Department of Public Safety, Department of Health and Human Services and Department of Environmental Protection. The commissioner shall:

If the commissioner determines that proposed rules are inconsistent with rules of other agencies of the State or federal law, the commissioner shall consult with the agencies involved in an effort to resolve these inconsistencies. In the event no inconsistency is reported within 15 days, the proposed rules are presumed consistent for the purposes of this subsection. Upon notification by the commissioner that the inconsistency has not been resolved, the Governor may find that the proposed rules or parts of rules are inconsistent with rules of other agencies of the State or the Federal Government and may issue or an order to that effect, in which event the proposed rules or parts of rules do not become effective. The Governor may direct, in the alternative, upon a similar determination, the appropriate agency or agencies to amend or repeal existing rules to achieve consistency with the proposed rules.

EXPLANATION

     This section corrects a clerical error and a grammatical error.

     Sec. 8. 22 MRSA 1714-A, sub-7, E, as enacted by PL 2003, c. 673, Pt. YYY, 1, is corrected to read:

     This section corrects a clerical error.

     Sec. 9. 22 MRSA 1721, as enacted by PL 2007, c. 629, Pt. C, 1, is reallocated to 22 MRSA 1722.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 605 and 629, which enacted 2 substantively different provisions with the same section number.

     Sec. 10. 24 MRSA 2317-B, sub-12-D, as enacted by PL 2007, c. 695, Pt. C, 13, is corrected to read:

     12-D. Title 24-A, sections 2763 2764, 2847-P and 4256. Coverage for medically necessary infant formula, Title 24-A, sections 2763 2764, 2847-P and 4256;

EXPLANATION

     This section corrects a cross-reference to the Maine Revised Statutes, Title 24-A, section 2763, which is reallocated to Title 24-A, section 2764 in another section of this report.

     Sec. 11. 24-A MRSA 2763, as enacted by PL 2007, c. 595, 2 and affected by 5, is reallocated to 24-A MRSA 2764.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 516 and 595, which enacted 2 substantively different provisions with the same section number.

     Sec. 12. 25 MRSA 2465, sub-3, as amended by PL 2005, c. 571, 1, is corrected to read:

     3. Enforcement. Subject to Title 32, chapter 33, the Commissioner of Public Safety or the commissioner's designees, state oil and solid fuel compliance officers, duly appointed fire chiefs or their designees and municipal building inspectors officials and code enforcement officers may enforce the requirements of      This section, the rules adopted pursuant to      This section and Title 32, section 2313-A.

EXPLANATION

     This section replaces the word "inspectors" with the word "officials" pursuant to Public Law 2007, chapter 699, section 24.

 

     Sec. 13. 30-A MRSA 4103, sub-2, as enacted by PL 1987, c. 737, Pt. A, 2 and Pt. C, 106 and amended by PL 1989, c. 6; c. 9, 2; and c. 104, Pt. C, 8 and 10, is corrected to read:

     2. Licensing authority. The building inspector official is the licensing authority unless otherwise provided by the municipality.

     Sec. 14. 30-A MRSA 4103, sub-4, as enacted by PL 1987, c. 737, Pt. A, 2 and Pt. C, 106 and amended by PL 1989, c. 6; c. 9, 2; and c. 104, Pt. C, 8 and 10, is corrected to read:

     4. Powers and duties of enforcement officers. Ordinances defining the duties of the building inspector official and other enforcement officers, not contrary to Title 25, chapter 313, may be enacted under a municipality's home rule authority. All enforcement officers designated by ordinance shall must be given free access at reasonable hours to all parts of buildings regulated by ordinance.

     Sec. 15. 30-A MRSA 4103, sub-5, as enacted by PL 1987, c. 737, Pt. A, 2 and Pt. C, 106 and amended by PL 1989, c. 6; c. 9, 2; and c. 104, Pt. C, 8 and 10, is corrected to read:

     5. Appeal to municipal officers or board of appeals. An appeal may be taken from any order issued by the building inspector official, or from the licensing authority's refusal to grant a permit, to the municipal officers or to a board of appeals established under section 2691. If a municipality has by ordinance required that all such appeals be taken to a board of appeals, the procedure shall must be the same as in appeals directed to the municipal officers, unless the municipality has provided otherwise.

     These sections replace the word "inspector" with the word "official" pursuant to Public Law 2007, chapter 699, section 24 and correct grammatical errors.

 

     Sec. 16. 30-A MRSA 4452, sub-5, T, as amended by PL 2007, c. 661, Pt. A, 2 and c. 699, 18, is corrected to read:

     Sec. 17. 30-A MRSA 4452, sub-5, U, as enacted by PL 2007, c. 661, Pt. A, 3, is corrected to read:

     Sec. 18. 30-A MRSA 4452, sub-5, U, as enacted by PL 2007, c. 699, 18, is reallocated to 30-A MRSA 4452, sub-5, V.

EXPLANATION

     These sections correct a lettering problem created by Public Law 2007, chapters 661 and 699, which enacted 2 substantively different provisions with the same paragraph letter, and make technical changes.

     Sec. 19. 32 MRSA 1078, sub-3, B, as enacted by PL 2007, c. 620, Pt. A, 1, is corrected to read:

     This section corrects a spelling error.

     Sec. 20. 35-A MRSA 3210, sub-3-A, A, as enacted by PL 2007, c. 403, 4, is corrected to read:

     This section corrects a cross-reference.

     Sec. 21. 36 MRSA 2903, sub-5, as amended by PL 2007, c. 538, Pt. L, 1, is reallocated to 36 MRSA 2903, sub-6.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 438 and 470, which enacted 2 substantively different provisions with the same subsection number.  This section reallocates the chapter 470 version as amended by chapter 538.

 

     Sec. 22. 36 MRSA 5122, sub-2, Z, as amended by PL 2007, c. 539, Pt. CCC, 7 and c. 689, 2 and affected by c. 689, 4, is corrected to read:

     Sec. 23. 36 MRSA 5122, sub-2, AA, as enacted by PL 2007, c. 539, Pt. CCC, 8, is corrected to read:

     Sec. 24. 36 MRSA 5122, sub-2, AA, as enacted by PL 2007, c. 689, 3 and affected by 4, is reallocated to 36 MRSA 5122, sub-2, BB.

EXPLANATION

     These sections correct a numbering problem created by Public Law 2007, chapters 539 and 689, which enacted 2 substantively different provisions with the same paragraph letter, and make technical changes.

     Sec. 25. 38 MRSA 441, sub-1, as amended by PL 1987, c. 737, Pt. C, 87 and 106 and PL 1989, c. 6; c. 9, 2; c. 104, Pt. C, 8 and 10; and c. 403, 10, is corrected to read:

     1. Appointment. In every municipality, the municipal officers shall annually by July 1st appoint or reappoint a code enforcement officer, whose job may include being a local plumbing inspector or a building inspector official and who may or may not be a resident of the municipality for which he that person is appointed. The municipal officers may appoint the planning board to act as the code enforcement officer. The municipal officers may remove a code enforcement officer for cause, after notice and hearing. This removal provision shall only apply applies to code enforcement officers who have completed a reasonable period of probation as established by the municipality pursuant to Title 30-A, section 2601. If not reappointed by a municipality, a code enforcement officer may continue to serve until a successor has been appointed and sworn.

EXPLANATION

     This section replaces the word "inspector" with the word "official" pursuant to Public Law 2007, chapter 699, section 24. The section also makes grammatical changes.

     Sec. 26. 38 MRSA 585-K, as enacted by PL 2007, c. 582, 1, is reallocated to 38 MRSA 585-L.

EXPLANATION

     This section corrects a numbering problem created by Public Law 2007, chapters 582 and 584, which enacted 2 substantively different provisions with the same section number.

     Sec. 27. PL 2007, c. 539, Pt. KK, 9 is corrected to read:

     Sec. KK-9. 22 MRSA 674, sub-5, as repealed and replaced by PL 1987, c. 769, Pt. A, 70 and amended by PL 2003, c. 689, Pt. B, 6, is further amended to read:

EXPLANATION

     This section corrects an amending clause.

     Sec. 28. PL 2007, c. 558, 3 is corrected to read:

     Sec. 3. 38 MRSA 353-B, sub-2, as amended by PL 2005, c. 602, 1, is further amended to read:

     2. Maximum fee amounts and rates. Waste discharge license fees are as set out in this section.

Discharge Group     Base fee not to exceed Maximum fee for individual in group Annualized license renewal service fee
           
Publicly owned treatment facilities, greater than 6,000 gallons per day but less than 5 million gallons per day and no significant industrial waste   annual fee $175 none  
           
Publicly owned treatment facilities, 6,000 10,000 gallons per day or less   annual fee $60 $67 $180 none $150
           
Publicly owned treatment facilities, more than 10,000 gallons per day to 0.1 million gallons per day   annual fee $219 none $150
           
Publicly owned treatment facilities, more than 0.1 million gallons per day to 1.0 million gallons per day   annual fee $219 none $225
           
Publicly owned treatment facilities, more than 1.0 million gallons per day to 5.0 million gallons per day   annual fee $219 none $450
           
Publicly owned treatment facilities, greater than 5 million gallons per day or with significant industrial waste   annual fee $770 none $650
           
Major industrial facility, process wastewater (based on EPA list of major source discharges)   annual fee $1,850 none $650
           
Other industrial facility, process wastewater   annual fee $630 none $300
           
Food handling or packaging waste-water   annual fee $315 $2,100 $150
           
Fish rearing facility over 0.1 million gallons per day   annual fee $230 $288 $1,400 $1,753 $300
           
Fish rearing facility 0.1 million gallons per day or less   annual fee $288 $400 none
           
Marine aquaculture facility   annual fee* $288 --- none
           
Noncontact cooling water   annual fee $90 $7,000 $60
           
Industrial or commercial sources, miscellaneous or incidental non-process wastewater   annual fee $115 $2,100 $150
           
Municipal combined sewer overflow   annual fee $115 $1,400 $150
           
Sanitary wastewater, excluding overboard discharge   annual fee $60 $1,200 $300
           
Sanitary overboard discharge, commercial sources   annual fee $210 $1,200  
           
Sanitary overboard discharge, residential sources 600 gallons per day and less   annual fee $175 ---  
           
Sanitary overboard discharge, residential sources more than 600 gallons per day   annual fee $200 $600  
           
Sanitary overboard discharge, public sources   annual fee $210 $500  
           
Aquatic pesticide application   annual fee* $200 --- $370
           
Snow dumps   annual fee* $125 --- $150
           
Salt and sand storage pile   annual fee* $150 --- $225
           
Log storage permit   annual fee* $200 --- $150
           
General permit coverage for industrial storm water discharges (except construction)   annual fee* $300 ---  
           
General permit coverage for marine aquaculture facility   annual fee* $125 --- none
           
General permit coverage (other)   annual fee* $100 --- $30
           
Experimental discharge license   license fee* $500 --- $225
           
Mixing New or amended mixing zone, in addition to other applicable fees   flat fee* $4,000 ---  
           
Formation of sanitary district   flat fee* $300 ---  
           
Transfer of license for residential or commercial sanitary wastewater   flat fee* $100 ---  

 

 
License group or type of pollutant

Rate

   
Conventional pollutants, license rate

$1.25 per pound

   
 

$2.40 per pound

   
Conventional pollutants, primary treatment only

$0.55 per pound

   
Conventional pollutants, food handling or packing facilities

$0.05 per pound

   
Nonconventional or toxic pollutants

Variable*

   
Heat (as licensed flow x temperature x 8.34)

$0.045 per million BTU

   
Flow: fish rearing facilities

$45 per million gallons

   
Flow: combined sewer overflows (based on treatment facility design)

$55 per million gallons

   
Flow: nonprocess from industrial or commercial sources

$175 per million gallons

   
Flow: publicly owned treatment facilities, greater than 6,000 10,000 gallons per day

$630 per million gallons

   
Flow: process from industrial or commercial sources

$630 per million gallons

   
Flow: treated storm water

$17.50 per million gallons

   
Flow: sanitary, from commercial sources excluding overboard discharge

$0.02 per gallon

   
Flow: from publicly owned facilities, 6,000 10,000 gallons per day or less

$0.02 per gallon

   
Flow: sanitary from overboard discharge

$0.05 per gallon

     This section corrects a clerical error.

     Sec. 29. PL 2007, c. 559, 4, amending clause is corrected to read:

     Sec. 4. 38 MRSA 585-E, sub-6, as amended enacted by PL 2001, c. 233, 1 and 2, is further amended to read:

EXPLANATION

     This section corrects an amending clause.

     Sec. 30. PL 2007, c. 693, 14 is corrected to read:

     Sec. 14. 36 MRSA 1752, sub-11, as amended by PL 2007, c. 410, 1 and affected by 6 and amended by c. 437, 10, is further amended to read:

     11. Retail sale. "Retail sale" means any sale of tangible personal property or a taxable service in the ordinary course of business for any purpose other than for resale, except resale as a casual sale, in the form of tangible personal property. "Retail sale" also means any sale of a taxable service in the ordinary course of business for any purpose other than for resale, except resale as a casual sale.

     This section corrects a punctuation error and a formatting error.

     Sec. 31. PL 2007, c. 695, Pt. I, 5 is corrected to read:

     Sec. I-5. 12 MRSA 6721-A, sub-6, as amended enacted by PL 2007, c. 557, 4, is repealed.

EXPLANATION

     This section corrects an amending clause.

     Sec. 32. PL 2007, c. 695, Pt. L, 1 is corrected to read:

     Sec. L-1. 24-A MRSA 6915, as amended by PL 2007, c. 629, Pt. D, 3 and affected by 7, is further amended to read:

EXPLANATION

     This section corrects an amending clause.

     Sec. 33. Resolve 2007, c. 226, 1, sub-5 is corrected to read:

     5. Expiration. Any pilot project developed purusant pursuant to      This section must expire no later than June 30, 2010; and be it further

EXPLANATION

     This section corrects a spelling error.

 

Revisor of Statutes Homepage

Subject Index

Search 123rd Laws of Maine Maine Legislature

About the 2nd Reg. & 1st Spec. Session Laws Of Maine

Top Of Page

Office of the Revisor of Statutes
State House, Room 108
Augusta, Maine 04333


Contact the Office of the Revisor of Statutes