APPROVED CHAPTER
MAY 25, 2021 63
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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S.P. 42 - L.D. 34
An Act To Create the Maine Forestry Operations Cleanup and Response
Fund
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8869-B is enacted to read:
§8869-B. Maine Forestry Operations Cleanup and Response Fund
The Maine Forestry Operations Cleanup and Response Fund, referred to in this section
as "the fund," is established to be used by the bureau as a nonlapsing, revolving fund for
carrying out the purposes of this subchapter. The balance in the fund is limited to $20,000.
To this fund are credited permit fees, civil penalties and other fees and charges related to
this subchapter. To this fund are charged expenses of the bureau incurred to mitigate and
remediate damages or potential damages to waters of the State created by violations of this
subchapter, including but not limited to costs of cleanup of discharges of pollutants to
waters of the State and the restoration of water supplies.
1. Disbursements from and use of fund. Money in the fund may be used by the
department and disbursed only to pay the costs, including without limitation payments to
contractors undertaking physical mitigation and remediation activities and equipment
expenses, involved in the control of sediment and water flow, the abatement of pollution
and the implementation of remediation activities, including restoration of water supplies,
related to the discharge of sediment and other pollutants discharged or at risk of discharging
to waters of the State by timber harvesting activities.
Prior to undertaking mitigation or remediation activities that will result in the use of the
fund, the director shall use all reasonable efforts to notify the responsible party of the
mitigation and remediation activities needed and to provide a reasonable time frame for the
responsible party to implement those activities. The director shall notify the responsible
party that a lien may be imposed on real estate owned by the responsible party in
accordance with subsection 3 if the department undertakes mitigation and remediation
activities that will result in the use of the fund.
2. Reimbursements to the fund. The following provisions govern reimbursements
to the fund.
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 A. The director shall seek recovery of all costs paid from the fund from the responsible
party, unless the bureau finds the amount involved too small, the likelihood of success
too uncertain or that recovery of costs is unlikely due to the inability of the responsible
party to pay those costs.
B. Requests by the department for reimbursement of costs paid from the fund, if not
paid by the responsible party within 30 days of the request, 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 in
conformance with Title 5, section 191, or the bureau may file an appropriate action in
District Court for recovery of the costs paid from the fund.
3. Lien. All costs incurred by the State to mitigate and remediate damages or potential
damages to waters of the State created by violations of this subchapter under subsection 1
and interest on those costs are a lien against the real estate of the responsible party. A
certificate of lien signed by the director must be sent by certified mail to the responsible
party prior to being recorded and may be filed in the office of the clerk of the municipality
in which the real estate is located. The lien is effective when the certificate is recorded
with the registry of deeds for the county in which the real estate is located. The certificate
of lien must include a description of the real estate, the amount of the lien and the name of
the owner as grantor.
When the amount for which a lien has been recorded under this subsection has been paid
or reduced, the director, upon request by any person of record holding interest in the real
estate that is the subject of the lien, shall issue a certificate discharging or partially
discharging the lien. The certificate must be recorded in the registry in which the lien was
recorded. Any action of foreclosure of the lien must be brought by the Attorney General
in the name of the State in the Superior Court for the judicial district in which the real estate
subject to the lien is located.
Sec. 2. Appropriations and allocations. The following appropriations and
allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Maine Forestry Operations Cleanup and Response Fund N357
Initiative: Provides an ongoing allocation to allow for the expenditure of funds for the cost
of undertaking physical mitigation and remediation activities and equipment expenses
involved in the control of sediment and water flow, the abatement of pollution and the
implementation of remedial measures, including restoration of water supplies, related to
the discharge of sediment and other pollutants discharged or at risk of discharging into state
waters by timber harvesting activities.
OTHER SPECIAL REVENUE FUNDS 2021-22 2022-23
All Other $20,000 $20,000
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OTHER SPECIAL REVENUE FUNDS TOTAL $20,000 $20,000
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