Maine Code § 38-561

Findings; purpose
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The Legislature finds that significant quantities of oil are being stored in aboveground and
underground storage facilities; that leaks and unlicensed discharges from these facilities pose a
significant threat to the quality of the waters of the State, including the ground water resources; that
protection of the quality of these waters is of the highest importance; and that their protection requires
proper design and installation of new and replacement underground oil storage facilities and
aboveground oil storage facilities, as well as monitoring, maintenance and operating procedures for
existing, new and replacement facilities. [PL 2009, c. 121, §9 (AMD).]
The Legislature intends by the enactment of this subchapter to exercise the police power of the
State through the department by conferring upon the department the power to deal with the hazards and
threats of danger and damage posed by the storage and handling of oil and related activities; to require
the prompt containment and removal of pollution occasioned thereby; to provide procedures whereby
persons suffering damage from these occurrences may be promptly made whole; to establish a fund to
provide for the investigation, mitigation and removal of discharges or threats of discharge of oil from
storage facilities, including the restoration of contaminated water supplies; and to guarantee the prompt
payment of reasonable damage claims resulting therefrom. [PL 2009, c. 121, §9 (AMD).]
The Legislature further finds that preservation of the ground water resources and of the public uses
referred to in this subchapter is of grave public interest and concern to the State in promoting its general
welfare, preventing disease, promoting health and providing for the public safety and that the State's
interest in this preservation outweighs any burdens of absolute liability imposed by the Legislature in
this subchapter upon those engaged in the storage of oil, petroleum products and their by-products. [PL
2009, c. 121, §9 (AMD).]

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