Maine Code § 38-569-C

1. Limited exemption from liability. Liability under section 570 does not apply to the State or
any political subdivision that acquired ownership or control of an oil storage facility through tax
delinquency proceedings pursuant to Title 36, or through any similar statutorily created procedure for
the collection of governmental taxes, assessments, expenses or charges, or involuntarily through
abandonment, or in circumstances in which the State or political subdivision involuntarily acquired
ownership or control by virtue of its function as a sovereign. The exemption from liability provided
under this subsection does not apply if:
A. The State or political subdivision causes, contributes to or exacerbates a discharge or threat of
discharge from the facility; or [PL 2011, c. 206, §18 (NEW).]
B. After acquiring ownership of the facility and upon obtaining knowledge of a release or threat
of release, the State or political subdivision does not:
(1) Notify the department within a reasonable time after obtaining knowledge of a discharge
or threat of discharge;
(2) Provide reasonable access to the department and its authorized representatives so that
necessary response actions may be conducted; and
(3) Undertake reasonable steps to control access and prevent imminent threats to public health
and the environment. [PL 2011, c. 206, §18 (NEW).]
[PL 2011, c. 206, §18 (NEW).]
2. Reimbursement for department expenses. Notwithstanding the exemption from liability
provided in subsection 1, the State or any political subdivision that acquires or has acquired ownership
of property that encompasses an oil storage facility pursuant to any of the proceedings referred to in
subsection 1 is liable for any costs incurred by the department pursuant to this chapter during the period
in which the State or political subdivision had ownership of the property, up to the amount of the
proceeds from the sale or disposition of the property minus any unpaid taxes on the property and the
out-of-pocket costs of the sale or disposition.
[PL 2011, c. 206, §18 (NEW).]

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