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USA Statutes : maine
Title : Title 37-B. DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING. PL 1997, c. 455, @9 (rpr))
Chapter : Chapter 13. MAINE EMERGENCY MANAGEMENT AGENCY (HEADING. PL 1987, c. 370, @13 (rpr))
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Title 37-B - §701. Title; purpose
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§701. Title; purpose
This chapter may be cited as the "Maine Emergency Management Act." It is the purpose of this chapter to:
[2001, c. 614, §3 (amd); c. 662, §72 (amd).]
1. Agency. Establish the Maine Emergency Management Agency to lessen the effects of disaster on the lives and property of the people
of the State through leadership, coordination and support in the 4 phases of emergency management: mitigation, preparedness,
response and recovery;
[2001, c. 662, §72 (amd).]
2. Local organizations. Authorize the creation of local organizations for emergency management in the political subdivisions of the State;
[2001, c. 614, §4 (amd); c. 662, §72 (amd).]
3. Emergency powers. Confer upon the Governor and the executive heads of governing bodies of the political subdivisions of the State certain
emergency powers; and
[1983, c. 460, §3 (new).]
4. Mutual aid. Provide for the rendering of mutual aid among the political subdivisions of the State and with other states and provinces
of Canada for the accomplishment of emergency management functions.
[2003, c. 510, Pt. A, §32 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 370,
§14
(AMD).
PL 2001,
Ch. 614,
§3,4
(AMD).
PL 2001,
Ch. 662,
§72
(AMD).
PL 2003,
Ch. 510,
§A32
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §702. Policy
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§702. Policy
It is declared to be the policy of the State that all emergency management functions be coordinated to the maximum extent
with the comparable functions of the Federal Government, including its various departments and agencies, of other states and
localities, and of private agencies so that the most effective preparation and use may be made of the nation's workforce,
resources and facilities for dealing with any disaster that may occur.
[2001, c. 662, §73 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 662,
§73
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §703. Definitions
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§703. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1983, c. 460, §3 (new).]
1. Civil emergency preparedness.
[2001, c. 614, §5 (rp); c. 662, §74 (rp).]
2. Disaster. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting
from any natural or man-made cause, including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil
spill or other water contamination requiring emergency action to avert danger or damage, epidemic, extreme public health
emergency pursuant to Title 22, section 802, subsection 2-A, air contamination, blight, drought, critical material shortage,
infestation, explosion, riot or hostile military or paramilitary action.
[2001, c. 694, Pt. B, §5 (amd); 2005, c. 383, §24 (aff).]
2-A. Emergency management. "Emergency management" means the coordination and implementation of an organized effort to mitigate against, prepare for,
respond to and recover from a disaster.
[2001, c. 614, §6 (new); c. 662, §74 (new).]
2-B. Emergency management forces. "Emergency management forces" means persons engaged in performing emergency management activities, including, but not limited
to, persons called out by the Governor pursuant to an emergency proclamation under section 742 or persons called out pursuant
to section 784-A.
[2001, c. 614, §6 (new).]
3. Local organization for emergency management. "Local organization for emergency management" means an organization created in accordance with this chapter by state, county
or local authority to perform local emergency management functions.
[2001, c. 614, §7 (amd); c. 662, §74 (amd).]
3-A. Mitigation. "Mitigation" means those activities that actually eliminate or reduce the chance of occurrence or the effects of a disaster.
[2001, c. 662, §74 (new).]
4. Political subdivision. "Political subdivision" means counties, cities, towns, villages, townships, districts, authorities and other public corporations
and entities organized and existing under charter or general law.
[1983, c. 460, §3 (new).]
5. Preparedness. "Preparedness" means planning how to respond in case an emergency or disaster occurs and working to increase resources available
to respond effectively.
[2001, c. 662, §74 (new).]
6. Recovery. "Recovery" means activities that, in the short term, return vital life support systems to minimum operating standards and,
in the long term, redevelop a disaster area to preexisting conditions or to conditions that are less disaster prone and activities
that assist families and businesses to return to a normal or improved state of being.
[2001, c. 662, §74 (new).]
7. Response. "Response" means those activities designed to provide emergency assistance to victims of a disaster and reduce the likelihood
of secondary damage.
[2001, c. 662, §74 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1997,
Ch. 580,
§1
(AMD).
PL 2001,
Ch. 614,
§5-7
(AMD).
PL 2001,
Ch. 662,
§74
(AMD).
PL 2001,
Ch. 694,
§B5
(AMD).
PL 2001,
Ch. 694,
§B6
(AFF).
PL 2003,
Ch. 366,
§1
(AFF).
PL 2005,
Ch. 383,
§24
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §704. Director; duties
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§704. Director; duties
The Maine Emergency Management Agency, as previously established and in this chapter called the "agency," shall be under the
supervision of the Director of the Maine Emergency Management Agency, who in this chapter shall be called the "director."
[1987, c. 370, §15 (amd).]
div>
The director may employ technical, clerical, stenographic, administrative and operative assistants and other personnel, subject
to the Civil Service Law, and make expenditures, with approval of the commissioner, that are necessary to carry out the purposes
of this chapter.
[2001, c. 662, §75 (amd).]
div>
The director, subject to the direction and control of the commissioner, is the executive head of the agency and is responsible
for carrying out the program for emergency management. The director shall coordinate the activities of all organizations
for emergency management within the State; shall maintain liaison with and cooperate with emergency management and public
safety agencies and organizations of other states, the Federal Government and foreign countries, and their political subdivisions;
prior to the annual meeting required in section 782, subsection 4, shall provide to each of the local emergency management
organizations of the State an annual assessment of each organization's degree of emergency management capability and any other
information pertinent to ensuring the public's welfare and safety within the local organization's jurisdiction; and has additional
authority, duties and responsibilities as may be prescribed by the commissioner.
[2003, c. 510, Pt. A, §33 (rpr).]
div>
The director shall not require any political subdivision to participate in any program of nuclear civil protection planning.
[1983, c. 816, Pt. B, §17 (new).]
div>
The director, in consultation with the Office of Chief Medical Examiner, shall prepare a plan for the recovery, identification
and disposition of human remains in a disaster. The Office of Chief Medical Examiner is responsible for execution of the
plan, with full cooperation and assistance from all other members of the emergency management forces.
[2001, c. 614, §9 (amd).]
div>
This plan must be reviewed and updated as necessary. The director shall see that the plan and the reviews receive suitable
dissemination on a timely basis.
[1997, c. 580, §2 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 816,
§B17
(AMD).
PL 1985,
Ch. 785,
§B175
(AMD).
PL 1987,
Ch. 370,
§15
(AMD).
PL 1991,
Ch. 376,
§65
(AMD).
PL 1997,
Ch. 580,
§2
(AMD).
PL 2001,
Ch. 614,
§8,9
(AMD).
PL 2001,
Ch. 662,
§75,76
(AMD).
PL 2003,
Ch. 510,
§A33
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §705. Rules; appeal from administrative action
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§705. Rules; appeal from administrative action
The director shall adopt reasonable rules to carry out this chapter in accordance with the Maine Administrative Procedure
Act, Title 5, chapter 375, subchapter II. Those rules shall not become effective until approved in writing by the Governor.
[1983, c. 460, § 3 (new).]
div>
Any person aggrieved by rule or an act or order of the director enforcing a rule may appeal by filing a complaint in the Superior
Court within 30 days. The court may affirm or reverse the rule, act or order of the director and the decision of the court
shall be final.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §706. Citizens' Civil Emergency Commission (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§706. Citizens' Civil Emergency Commission (REPEALED)
Section History:
PL 1983,
Ch. 816,
§B9
(RAL).
PL 1985,
Ch. 737,
§A106
(AMD).
PL 1987,
Ch. 402,
§A194
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §707. Grants and gifts
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 1: ORGANIZATION
§707. Grants and gifts
The Maine Emergency Management Agency is authorized to accept gifts, grants and research funds and to undertake contractual
relationships with the Federal Government, other state and provincial governments, counties, municipalities, corporations,
foundations and other legal entities to carry out the purposes for which it was created, including, without limitation, conducting
emergency planning activities related to nuclear power facilities in adjacent states or provinces.
[1999, c. 174, §3 (new).]
Section History:
PL 1999,
Ch. 174,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §741. Governor's powers
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 2: STATE EMERGENCY MANAGEMENT PROVISIONS (HEADING: PL 2001, c. 614, @10 (rpr); c. 662, @77 (rpr))
§741. Governor's powers
1. Control during emergencies. In the event of disaster beyond local control, the Governor may assume direct operational control over all or any part of
the emergency management and public safety functions within the State.
[2003, c. 510, Pt. A, §34 (rpr).]
2. Cooperation. In performing the duties required by this chapter, the Governor shall, directly or through the commissioner, cooperate with
all departments and agencies of the Federal Government, with the offices and agencies of other states and foreign countries
and their political subdivisions and with private agencies in all matters pertaining to the emergency management capability
of the State and of the Nation.
[2003, c. 510, Pt. A, §34 (rpr).]
3. Authority. In performing the duties required by this chapter, the Governor may:
A. Make, amend and rescind the necessary orders and rules to carry out this chapter within the limits of the authority conferred
upon the Governor and not inconsistent with the rules, regulations and directives of the President of the United States or
of any federal department or agency having specifically authorized emergency management functions;
[2003, c. 510, Pt. A, §34 (rpr).]
B. Prepare a comprehensive plan and program for the emergency management functions of this State. That plan and program must
be integrated into and coordinated with the emergency management plans of federal agencies and with the plans of other states
and foreign countries, and their political subdivisions, to the fullest possible extent;
[2003, c. 510, Pt. A, §34 (rpr).]
C. Coordinate the preparation of plans and programs for emergency management functions by the political subdivisions of the
State. These plans must be integrated into and coordinated with the emergency management plan and program of the State to
the fullest possible extent;
[2003, c. 510, Pt. A, §34 (rpr).]
D. In accordance with the plan and program for the emergency management functions of the State, and consistent with the emergency
management plans, programs and directives of the Federal Government, procure supplies and equipment, institute training programs
and public information programs and take all other preparatory steps, including the partial or full mobilization of emergency
management organizations in advance of actual disaster or catastrophe, to ensure the furnishing of adequately trained and
equipped forces of emergency management personnel in time of need;
[2003, c. 510, Pt. A, §34 (rpr).]
E. Conduct studies and surveys and take inventories of the industries, resources and facilities of the State necessary to ascertain
the State's emergency management capabilities, and plan for their most efficient emergency use, including emergency economic
controls to ensure adequate production and equitable distribution of essential commodities;
[2003, c. 510, Pt. A, §34 (rpr).]
F. Whenever a shortage of critical material supplies appears imminent in the State, establish emergency reserves of those products
necessary to ensure the health, welfare and safety of the people of the State. To establish those reserves, the Governor
may purchase quantities of those materials for resale on a cost plus expenses basis for priority end users within the State;
[2003, c. 510, Pt. A, §34 (rpr).]
G. On behalf of the State, enter into mutual aid arrangements with other states and foreign countries, and their political
subdivisions, and coordinate mutual aid plans between political subdivisions of the State. If an arrangement is entered into
with a jurisdiction that has enacted the Interstate Civil Defense and Disaster Compact, chapter 15, the Emergency Management
Assistance Compact, chapter 16, or the International Emergency Management Assistance Compact, chapter 16-A, any resulting
agreement or agreements may be considered supplemental agreements pursuant to those compacts. If the other jurisdiction or
jurisdictions with which the Governor proposes to cooperate have not enacted one of those compacts, the Governor may negotiate
special agreements with the jurisdiction or jurisdictions. Any agreement, if sufficient authority for its making does not
otherwise exist, becomes effective only after approval by the Legislature; and
[2003, c. 510, Pt. A, §34 (rpr).]
H. Delegate any authority vested in the Governor under this chapter and provide for the subdelegation of that authority.
[2003, c. 510, Pt. A, §34 (rpr).]
[2003, c. 510, Pt. A, §34 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§11
(AMD).
PL 2001,
Ch. 662,
§78
(AMD).
PL 2003,
Ch. 510,
§A34
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §742. Emergency proclamation
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 2: STATE EMERGENCY MANAGEMENT PROVISIONS (HEADING: PL 2001, c. 614, @10 (rpr); c. 662, @77 (rpr))
§742. Emergency proclamation
1. Emergency proclamation. Emergency proclamations must be issued as follows.
A. Whenever a disaster or civil emergency exists or appears imminent, the Governor shall, by oral proclamation, declare a state
of emergency in the State or any section of the State. If the Governor is temporarily absent from the State or is otherwise
unavailable, the next person in the State who would act as Governor if the office of the Governor were vacant may, by oral
proclamation, declare the fact that a civil emergency exists or appears sufficiently imminent to activate emergency plans
in any or all areas of the State. A written copy of the proclamation must be filed with the Secretary of State within 24
hours of the oral proclamation.
[2001, c. 353, §4 (amd).]
B. Subject at all times to the further direction and order of the Governor, an executive proclamation of emergency activates
the emergency plans applicable to the affected areas and is the authority for the deployment and use of any forces or resources
to which the plan or plans apply.
[2001, c. 353, §4 (amd).]
C. After the filing of the emergency proclamation and in addition to any other powers conferred by law, the Governor may:
(1) Suspend the enforcement of any statute prescribing the procedures for conduct of state business, or the orders or rules
of any state agency, if strict compliance with the provisions of the statute, order or rule would in any way prevent, hinder
or delay necessary action in coping with the emergency;
(2) Utilize all available resources of the State Government and of each political subdivision of the State as reasonably
necessary to cope with the disaster emergency;
(3) Transfer the direction, personnel or functions of state departments and agencies, or units thereof, for the purposes
of performing or facilitating emergency services;
(4) Authorize the obtaining and acquisition of property, supplies and materials pursuant to section 821;
(5) Enlist the aid of any person to assist in the effort to control, put out or end the emergency or aid in the caring for
the safety of persons;
(6) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the State,
if the Governor determines this action necessary for the preservation of life or other disaster mitigation, response or recovery;
(7) Prescribe routes, modes of transportation and destinations in connection with evacuations;
(8) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of
premises therein;
(9) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles;
(10) Make provision for the availability and use of temporary emergency housing;
(11) Order the termination, temporary or permanent, of any process, operation, machine or device which may be causing or
is understood to be the cause of the state of emergency for which this proclamation was made; and
(12) Take whatever action is necessary to abate, clean up or mitigate whatever danger may exist within the affected area.
[2001, c. 353, §4 (amd).]
[2001, c. 353, §4 (amd).]
2. Energy emergency proclamation. Energy emergency proclamations must be issued as follows.
A. When an actual or impending acute shortage in energy resources threatens the health, safety or welfare of the citizens of
the State, the Governor shall, by oral proclamation, declare that fact and that an energy emergency exists in the State or
in any section of the State. A written copy of the proclamation must be filed with the Secretary of State within 24 hours
of the oral proclamation.
[2001, c. 353, §5 (amd).]
B. Upon the issuance of an energy emergency proclamation and after consulting with the Executive Department, State Planning
Office, the Governor may exercise all the powers granted in this chapter, except as specifically limited by paragraph C.
The powers of the Governor include, without limitation, the authority to:
(1) Establish and implement programs, controls, standards, priorities and quotas for the allocation, conservation and consumption
of energy resources;
(2) Regulate the hours and days during which nonresidential buildings may be open and the temperatures at which they may
be maintained;
(3) Regulate the use of gasoline and diesel-powered land vehicles, watercraft and aircraft;
(4) After consulting, when appropriate, with the New England governors and upon the recommendations of the Maine Public Utilities
Commission, regulate the generation, distribution and consumption of electricity;
(5) Establish temporary state and local boards and agencies;
(6) Establish and implement programs and agreements for the purposes of coordinating the emergency energy response of the
State with those of the Federal Government and of other states and localities;
(7) Temporarily suspend truck weight and size regulations, but not in conflict with federal regulations; and
(8) Regulate the storage, distribution and consumption of home heating oil.
[2001, c. 353, §5 (amd).]
C. In dealing with a declared energy emergency, the following powers granted by this chapter may not be invoked:
(1) The eminent domain powers granted in section 821; and
(2) The enforcement powers granted in sections 786 and 829, unless the Governor specifically invokes these powers by an order
issued pursuant to an energy emergency proclamation and approved by a majority of the membership of the Legislative Council.
That order must specify those emergency orders or rules that are enforceable pursuant to this paragraph and must further
specify the enforcement activities emergency management organizations are to pursue. No enforcement action may be taken pursuant
to this paragraph without publication of the order authorizing the action in a manner reasonably calculated to give affected
persons adequate notice of the order or rule to be enforced, which may include publication on the Internet, and the sanctions
to be applied.
[2001, c. 353, §5 (amd).]
D. During a declared energy emergency, the following provisions relating to environmental rules apply.
(1) Except as provided in subparagraph (2), this subsection may not be construed to authorize the Governor to suspend or
to modify orders, rules, standards or classifications issued or enforced by the Department of Environmental Protection or
the Maine Land Use Regulation Commission.
(2) When an energy emergency proclamation is in effect, the Governor may call the Board of Environmental Protection into
extraordinary session to consider temporary waivers or suspensions of rules and standards related to air and water quality
necessary to relieve then existing energy shortages. At an extraordinary session, the board is empowered, notwithstanding
any other provision of law, to approve suspensions or waivers that it determines are necessary to relieve or avoid an energy
shortage and will not result in environmental degradation of a permanent or enduring nature. In no event may any suspension
or modification be granted that will result in a circumvention of Title 38, sections 481 to 488, 541 and 557. The waiver
or suspension may not remain in effect longer than 60 days or after the date on which the board renders a further order issued
pursuant to the regular procedures specified in Title 38, whichever first occurs.
[2001, c. 353, §5 (amd).]
E. The Superior Court of the county in which a person fails to obey an order or rule promulgated in accordance with this subsection
has jurisdiction to issue a restraining order or injunction to enforce the order or rule. That proceeding must be held in
accordance with the Maine Rules of Civil Procedure, Rule 65.
[2001, c. 353, §5 (amd).]
F. In the event that an order or rule issued by the Governor, pursuant to the powers granted in paragraph B, are to be in effect
for longer than 90 days, the Governor shall, before the 80th day following the issuance of the order or rule, convene the
Legislature.
[1983, c. 460, §3 (new).]
[2001, c. 353, §5 (amd).]
3. Oil spill emergency proclamation. In the event of a disaster due to an oil spill in coastal waters, the Commissioner of Environmental Protection shall directly
represent the Governor in all direct abatement, clean-up and resource protection activities in coordination with federal,
industry and other states' response teams. The agency shall assume the other functions prescribed in subsection 1, paragraph
C, but does not have supervisory authority over the Department of Environmental Protection in the conduct of response activities
on the water.
[1991, c. 454, §1 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§33
(AMD).
PL 1987,
Ch. 429,
§
(AMD).
PL 1987,
Ch. 810,
§6,11
(AMD).
PL 1991,
Ch. 454,
§1
(AMD).
PL 2001,
Ch. 353,
§4,5
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §743. Termination of emergency
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 2: STATE EMERGENCY MANAGEMENT PROVISIONS (HEADING: PL 2001, c. 614, @10 (rpr); c. 662, @77 (rpr))
§743. Termination of emergency
1. Proclamation by Governor. Whenever the Governor is satisfied that a disaster or civil emergency no longer exists, he shall terminate the emergency
proclamation by another proclamation affecting the sections of the State covered by the original proclamation, or any part
thereof. That proclamation shall be published in newspapers of the State and posted in places which the Governor deems appropriate.
[1983, c. 594, § 34 (new).]
2. Limitation. No state of emergency may continue for longer than 30 days unless renewed by the Governor. The Legislature, by joint resolution,
may terminate a state of emergency at anytime. Thereupon, the Governor shall issue an executive proclamation ending the state
of emergency.
[1983, c. 594, § 34 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 594,
§34
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §744. Disaster relief
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 2: STATE EMERGENCY MANAGEMENT PROVISIONS (HEADING: PL 2001, c. 614, @10 (rpr); c. 662, @77 (rpr))
§744. Disaster relief
1. Financial assistance to individuals. Whenever the President has declared a major disaster to exist in this State, the Governor may:
A. Accept a grant of financial assistance from the Federal Government, subject to such terms and conditions as may be imposed
upon the grant and upon his determination that financial assistance is essential to meet necessary expenses or serious needs
of individuals or families caused by the disaster which cannot otherwise adequately be met;
[1983, c. 460, §3 (new).]
B. Enter into an agreement with the Federal Government, or any officer or agency thereof, pledging the State to participate
in up to 25% of the financial assistance authorized in this subsection. If state funds are not otherwise available, the Governor
may accept an advance of the state's share from the Federal Government to be repaid when the State is able to do so; and
[1983, c. 460, §3 (new).]
C. Notwithstanding any other provision of law or regulation, make financial grants to meet necessary expenses or serious needs
of individuals or families caused by the disaster that cannot otherwise adequately be met. A grant to an individual or family
may not exceed in the aggregate for any single major disaster declared by the President the amount established by the Federal
Government for the limit on grants to individuals under any federal disaster assistance program for individuals and families.
[2003, c. 404, §8 (amd).]
[2003, c. 404, §8 (amd).]
2. Community disaster loans.
[1985, c. 794, Pt. A, §4 (rp).]
2-A. Assistance to local governmental units. Assistance to local governmental units shall be governed as follows.
A. Whenever the President of the United States declares that a major disaster exists in the State, the Governor may:
(1) Apply for a public assistance grant from the Federal Government under Public Law 93-288 on behalf of both the State and
local governmental units for the purposes of repairing or replacing publicly owned facilities within the disaster area or
relocating public facilities outside of the disaster area;
(2) Obligate state financial resources, as a condition for receiving such a federal grant, up to, but not in excess of, 25%
of the total public assistance requested; and
(3) Enter into an agreement with the affected local governmental units to obligate local financial resources up to, but not
in excess of, 10% of the total cost of damage to local public facilities, provided that the local share shall not exceed 10%
of total local annual operating budget, exclusive of educational budgets.
[1985, c. 794, Pt. A, §5 (new).]
B. If the President of the United States declares that a major disaster exists in the State, the Governor may:
(1) Apply for a loan from the Federal Government on behalf of a unit of local government if he determines that the unit will
suffer a substantial loss of tax and other revenues as a result of a major disaster and has demonstrated a need for financial
assistance to perform its governmental functions;
(2) Receive and disburse the proceeds of any approved loan to an applicant local government;
(3) Determine the amount needed by any applicant local government to restore or resume its governmental functions and certify
the amount to the Federal Government, provided that no application amount may exceed 25% of the annual operating budget of
the applicant for the fiscal year in which the major disaster occurs; and
(4) Recommend to the Federal Government, based upon his review, the cancellation of all or any part of repayment when, after
3 full fiscal years following the major disaster, the revenues of the local government are insufficient to meet its operating
expenses, including additional municipal expenses related to the disaster.
[1985, c. 794, Pt. A, §5 (new).]
[1985, c. 794, Pt. A, §5 (new).]
3. Temporary housing. Temporary housing may be provided as follows.
A. Whenever the Governor has proclaimed a disaster emergency under the laws of this State, or the President has declared an
emergency or a major disaster to exist in this State, the Governor may:
(1) Enter into purchase, lease or other arrangements with any agency of the United States for temporary housing units to
be occupied by disaster victims and make these units available to any political subdivision of the State;
(2) Assist any political subdivision of the State, in which is located temporary housing for disaster victims, acquire sites
necessary for the temporary housing and do all things required to prepare the sites to accommodate temporary housing units.
This may be accomplished by advancing or lending funds available to the Governor from any appropriation made by the Legislature
or from any other source, and "passing through" funds made available by any agency, public or private; or by becoming a partner
with the political subdivision for the execution and performance of any temporary housing project for disaster victims. For
those purposes, the Governor may pledge the credit of the State on terms which he deems appropriate, having due regard for
current debt transactions of the State; and
(3) Suspend or modify a state health, safety, zoning, transportation or other requirement of law or rule when he deems suspension
or modification necessary to provide temporary housing for disaster victims. That suspension or modification shall be in
accordance with rules adopted by the Governor and shall not exceed 60 days' duration.
[1983, c. 460, §3 (new).]
B. Any political subdivision of this State is expressly authorized to acquire, temporarily or permanently, by purchase, lease
or otherwise, sites required for installation of temporary housing units for disaster victims, and to enter into whatever
arrangements, including purchase of temporary housing units and payment of transportation charges, which are necessary to
prepare or equip those sites to accommodate the housing units.
[1983, c. 460, §3 (new).]
[1983, c. 460, §3 (new).]
4. Debris removal in major disasters. In major disasters, debris may be removed as follows.
A. Whenever the Governor has declared a disaster emergency to exist under the laws of this State, or the President has declared
a major disaster or emergency to exist in this State, the Governor may:
(1) Notwithstanding any other provision of law, through the use of state departments or agencies or the use of any of the
state's instrumentalities, clear or remove from publicly-owned or privately-owned land or water, debris and wreckage that
may threaten public health or safety, or public or private property;
(2) Accept funds from the Federal Government and utilize those funds to make grants to any local government for the purpose
of removing debris or wreckage from publicly-owned or privately-owned land or water; and
(3) Notwithstanding any other provision of law, agree to indemnify the Federal Government against any claim arising from
debris and wreckage removal from private property.
[2003, c. 404, §9 (amd).]
B. The following conditions apply to the execution of removal or clearance.
(1) Authority under this subsection shall not be exercised unless the affected local government, corporation, organization
or individual first presents an unconditional authorization for removal of the debris or wreckage from public and private
property, and, in the case of removal of debris or wreckage from private property, also first agrees to indemnify the State
Government against any claim arising from that removal.
(2) Whenever the Governor provides for clearance of debris or wreckage pursuant to paragraph A, employees of the designated
state agencies or individuals appointed by the State are authorized to enter upon private land or waters and perform any tasks
necessary to the removal or clearance operation.
(3) Except in cases of willful misconduct, gross negligence or bad faith, any state employee or agent complying with orders
of the Governor and performing duties pursuant thereto under this section shall not be liable for death of or injury to persons
or damage to property occurring during performance of those duties.
[1983, c. 460, §3 (new).]
[2003, c. 404, §9 (amd).]
5. Terms. As used in this section, "major disaster," "emergency" and "temporary housing" have the same meaning as in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended.
[2001, c. 662, §80 (amd).]
6. Rules. The Governor shall make rules necessary for carrying out this section, including, but not limited to, standards of eligibility
for persons applying for benefits; procedures for applying for and administration of relief; methods of investigation, filing
and approving applications and formation of local or statewide boards to pass upon applications and procedures for appeals.
[1983, c. 460, §3 (new).]
7. Authority not limited. Nothing contained in this section may be construed to limit the Governor's authority to apply for, administer and expend
any grants, gifts or payments in aid of disaster prevention, preparedness, response or recovery.
[1983, c. 460, §3 (new).]
8. Penalty. Any person who knowingly makes a misstatement of fact in connection with an application for financial assistance under this
section is guilty of a Class D crime.
[1983, c. 460, §3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1985,
Ch. 794,
§A4,5
(AMD).
PL 2001,
Ch. 662,
§79,80
(AMD).
PL 2003,
Ch. 404,
§8,9
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §745. Disaster Relief Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 2: STATE EMERGENCY MANAGEMENT PROVISIONS (HEADING: PL 2001, c. 614, @10 (rpr); c. 662, @77 (rpr))
§745. Disaster Relief Fund
1. Fund established. There is established the Disaster Relief Fund, referred to in this section as "the fund," to be administered by the agency.
[2005, c. 439, §1 (new).]
2. Sources of fund. The following must be paid into the fund:
A. All money appropriated for inclusion in the fund;
[2005, c. 439, §1 (new).]
B. All interest from investment of the fund; and
[2005, c. 439, §1 (new).]
C. Any other money deposited in the fund to implement the provisions of this subchapter.
[2005, c. 439, §1 (new).]
[2005, c. 439, §1 (new).]
3. Use of fund. The fund must be the first resource used when section 742 or 744 is invoked.
[2005, c. 439, §1 (new).]
Section History:
PL 2005,
Ch. 439,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §781. Municipal, county and regional agencies
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§781. Municipal, county and regional agencies
1. Municipal or interjurisdictional agencies. Each municipality of the State must be served by a municipal or interjurisdictional agency responsible for emergency management.
A.
[2003, c. 510, Pt. C, §14 (rp).]
B.
[2003, c. 510, Pt. C, §14 (rp).]
C.
[2003, c. 510, Pt. C, §14 (rp).]
[2003, c. 510, Pt. C, §14 (rpr).]
2. County or regional agencies. Each county shall maintain a county emergency management agency or create regional emergency management agencies that serve
the member counties. Each county or regional agency is responsible for coordination of the activities of municipal and interjurisdictional
emergency management agencies within the region or county and for emergency management in the unorganized territories within
its jurisdiction. A county or regional emergency management agency must receive support from the municipalities within its
jurisdiction.
[2003, c. 510, Pt. C, §14 (rpr).]
3. Structure of county and regional agencies. The director shall advise upon the organizational structure of county and regional emergency management agencies, including
the manner in which the directors of those agencies are appointed by governing bodies of the jurisdictions involved.
[2003, c. 510, Pt. C, §14 (rpr).]
4. List of agencies. The agency shall publish and maintain a current list of municipal, interjurisdictional, county and regional emergency management
agencies established pursuant to this section.
[2003, c. 510, Pt. C, §14 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 370,
§16
(AMD).
PL 2001,
Ch. 614,
§13
(AMD).
PL 2001,
Ch. 662,
§82
(AMD).
PL 2003,
Ch. 510,
§C14
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §782. Agency directors
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§782. Agency directors
A director must be appointed for each municipal and county or regional emergency management agency. A director of an emergency
management agency may not be at the same time an executive officer or member of the executive body of a municipality or interjurisdictional
or county or regional agency of the State or a county commissioner. Notwithstanding this section or any other law, a town
manager or administrative assistant may also be appointed to serve as the director of an emergency management agency. A director
may be removed by the appointing authority for cause.
[2003, c. 510, Pt. A, §35 (rpr).]
1. Municipal emergency management director. The municipal officers shall appoint the director of the municipality's emergency management agency. In each municipality
that has not established an agency of its own, the municipal officers shall designate an emergency management director to
facilitate cooperation in the work of disaster mitigation, preparedness, response and recovery. The emergency management
director shall serve as liaison to the appropriate county or regional agency.
[2003, c. 510, Pt. A, §35 (rpr).]
2. County agency director. The county commissioners shall appoint the director of that county's emergency management agency.
[2003, c. 510, Pt. A, §35 (rpr).]
3. Interjurisdictional and regional agency directors. The director of an interjurisdictional or regional emergency management agency must be appointed in the manner prescribed
by the director in accordance with section 781, subsection 3.
[2003, c. 510, Pt. A, §35 (rpr).]
4. Annual meeting with Director of the Maine Emergency Management Agency. The director of each county or regional organization for emergency management in the State and the respective appointing
authority shall meet each year with the Director of the Maine Emergency Management Agency or the agency's successor, in order
to review the performance of the county or regional emergency management organization in carrying out its federal and state
mandate and to jointly set new goals for the coming year.
[2003, c. 510, Pt. A, §35 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 582,
§B6
(AMD).
PL 1991,
Ch. 324,
§1,2
(AMD).
PL 1991,
Ch. 376,
§66
(AMD).
PL 2001,
Ch. 614,
§14
(AMD).
PL 2001,
Ch. 662,
§83
(AMD).
PL 2003,
Ch. 510,
§A35
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §783. Disaster emergency plan
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§783. Disaster emergency plan
Each municipality, county and regional emergency management agency shall prepare and keep a current disaster emergency plan
for the area subject to its jurisdiction. That plan must include, without limitation:
[2003, c. 404, §10 (rpr).]
1. Identification of disasters. Identification of disasters to which the jurisdiction is or may be vulnerable, specifically indicating the areas most likely
to be affected;
[1983, c. 460, §3 (new).]
2. Action to minimize damage. Identification of the procedures and operations which will be necessary to prevent or minimize injury and damage in the
event those disasters occur;
[1983, c. 460, §3 (new).]
3. Personnel, equipment and supplies. Identification of the personnel, equipment and supplies required to implement those procedures and operations and the means
by which their timely availability will be assured;
[1983, c. 460, §3 (new).]
4. Recommendations. Recommendations to appropriate public and private agencies of all preventive measures found reasonable in light of risk
and cost; and
[1983, c. 460, §3 (new).]
5. Other. Other elements required by agency rule.
[1987, c. 370, §18 (amd).]
div>
Each municipal, county and regional emergency management agency, as part of the development of a disaster emergency plan for
the area subject to its jurisdiction, shall consult with hospitals within its jurisdiction to ensure that the disaster plans
developed by the municipality or agency and the hospitals are compatible.
[2003, c. 510, Pt. A, §36 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 370,
§17,18
(AMD).
PL 2001,
Ch. 614,
§15,16
(AMD).
PL 2001,
Ch. 662,
§84,85
(AMD).
PL 2003,
Ch. 404,
§10
(AMD).
PL 2003,
Ch. 510,
§A36
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §784-A. Right to call for and employ assistance
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§784-A. Right to call for and employ assistance
The Maine Emergency Management Agency and local organizations for emergency management may employ any person considered necessary
to assist with emergency management activities. All persons called and employed for assistance shall proceed as directed
by the Maine Emergency Management Agency. Any person called and employed for assistance is deemed to be an employee of the
State for purposes of immunity from liability pursuant to section 822 and for purposes of workers' compensation insurance
pursuant to section 823, except for persons excluded from the definition of employee pursuant to Title 39-A, section 102,
subsection 11.
[2001, c. 614, §18 (new).]
Section History:
PL 2001,
Ch. 614,
§18
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §784. Mutual aid arrangements
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§784. Mutual aid arrangements
The director of each local organization for emergency management shall, in collaboration with other public and private agencies
within the State, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance
in case of a disaster too great to be dealt with unassisted. These arrangements must be consistent with the state emergency
management program, and in time of emergency each local organization for emergency management shall render assistance in accordance
with the mutual aid arrangements. For this purpose, political subdivisions are authorized when geographical locations make
mutual aid arrangements desirable to enter into mutual aid arrangements subject to the approval of the director.
[2003, c. 510, Pt. A, §37 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§17
(AMD).
PL 2001,
Ch. 662,
§86
(AMD).
PL 2003,
Ch. 510,
§A37
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §785. State Civil Service Appeals Board services
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§785. State Civil Service Appeals Board services
Local emergency management agencies organized pursuant to this subchapter may accept the services of the Bureau of Human Resources
and adopt board rules for the purpose of qualifying for federal funds. The Bureau of Human Resources may enter into agreements
with the emergency management agencies for the purpose of furnishing merit system coverage for emergency management employees
or employees of other agencies and departments assigned full time to emergency management duties. The Bureau of Human Resources
may charge for services rendered. The fee must be consistent with the cost of coverage per state employee multiplied by the
number of local, interjurisdictional, county or regional employees covered. Fees received by the board must be credited to
the General Fund.
[2001, c. 614, §19 (amd); c. 662, §87 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1985,
Ch. 785,
§B176
(AMD).
PL 2001,
Ch. 614,
§19
(AMD).
PL 2001,
Ch. 662,
§87
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §786. Enforcement
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3: LOCAL EMERGENCY MANAGEMENT PROGRAMS (HEADING: PL 2001, c. 614, @12 (rpr); c. 662, @81 (rpr))
§786. Enforcement
1. Law enforcement officers. Duly appointed law enforcement officers of local, state and sheriffs' organizations are empowered to enforce any of the
provisions of this chapter or any rules promulgated thereunder in times of an emergency or during authorized alerts, including
partial or full mobilization necessary to carry out section 742. Failure to comply with any just or reasonable order relative
to enforcement from a duly appointed law enforcement officer is a Class E crime.
[1983, c. 460, § 3 (new).]
2. Arrest powers. Duly appointed law enforcement officers of local, state and sheriffs' organizations shall have the power to arrest persons
found in violation of any provision of this chapter or any rules promulgated in times of emergency to carry out section 742.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §791. General provisions
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§791. General provisions
1. Purpose. This subchapter is intended to be consistent with and facilitate implementation of the provisions of the United States Emergency
Planning and Community Right-to-Know Act of 1986, Public Law 99-499.
[1989, c. 464, §3 (new).]
2. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.
A. "CERCLA hazardous substance" means a substance on the list defined in the United States Comprehensive Environmental Response,
Compensation and Liability Act of 1980, Public Law 96-510, Section 101(14), as amended.
[1989, c. 464, §3 (new).]
B. "Extremely hazardous substance" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of
1986, Public Law 99-499, Title III, Section 302, and listed in 40 Code of Federal Regulations, Part 355.
[1989, c. 464, §3 (new).]
B-1. "Facility" means all buildings, equipment, structures, rail makeup, holding or storage tracks, spurs or yards, truck parking
areas, airports, loading docks and other stationary items that are located on a single site or on contiguous or adjacent sites
and are owned or operated by the same person or by another person who controls, is controlled by, or is under common control
with that person. "Facility" includes sites where motor vehicles, watercraft, rolling stock and aircraft are present for
more than 12 hours.
[1989, c. 638, §1 (new).]
C. "Hazardous chemical" means all hazardous chemicals as defined under 40 Code of Federal Regulations, Part 355.20.
[1989, c. 464, §3 (new).]
D. "Hazardous material" means all chemicals and chemical categories defined as extremely hazardous substances and hazardous
chemicals in 40 Code of Federal Regulations, Part 355.20 and toxic chemicals in 40 Code of Federal Regulations, Part 372.3.
[1989, c. 464, §3 (new).]
E. "Reportable quantity" means for any CERCLA hazardous substance or extremely hazardous substance, the reportable quantity
established in 40 Code of Federal Regulations, Part
302, Table 302.4 or in 40 Code of Federal Regulations, Part 355, Appendixes A and B, for such substance.
[1989, c. 464, §3 (new).]
F. "Threshold planning quantity" shall have the meaning set forth in the Superfund Amendments and Reauthorization Act of 1986,
Public Law 99-499, Title III, Section 302, and listed in 40 Code of Federal Regulations, Parts 355, 370 and 372.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new); c. 638, §1 (amd)]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1989,
Ch. 638,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §792. State Emergency Response Commission
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§792. State Emergency Response Commission
1. Composition and terms. The State Emergency Response Commission, referred to in this subchapter as the "commission," as established by Title 5,
section 12004-G, subsection 13-A, to implement effective emergency response to releases of hazardous chemicals. The commission
is composed of 14 members as follows:
A. The Commissioner of Environmental Protection or the commissioner's permanent designee;
[1989, c. 464, §3 (new).]
B. The Commissioner of Health and Human Services or the commissioner's permanent designee;
[1989, c. 464, §3 (new); 2003, c. 689, Pt. B, §7 (rev).]
C. The Director of Maine Emergency Medical Services, Department of Public Safety, or the director's permanent designee;
[RR 1995, c. 2, §96 (cor).]
D. The Commissioner of Labor or the commissioner's permanent designee;
[1989, c. 464, §3 (new).]
E. The Commissioner of Transportation or the commissioner's permanent designee;
[1989, c. 464, §3 (new).]
F. The Director of the Maine Emergency Management Agency, who shall serve as chair;
[1989, c. 464, §3 (new).]
G. The Chief of the State Police or the chief's permanent designee;
[1989, c. 464, §3 (new).]
H. A representative, appointed by the Governor, of municipal government;
[1989, c. 464, §3 (new).]
I. A representative, appointed by the Governor, of the Maine Fire Chiefs' Association;
[1989, c. 464, §3 (new).]
J. A representative, appointed by the Governor, of a professional firefighters' union;
[1989, c. 464, §3 (new).]
K. A representative, appointed by the Governor, of private commerce and industry;
[1989, c. 464, §3 (new).]
L. A representative, appointed by the Speaker of the House of Representatives, of volunteer firefighters;
[1989, c. 464, §3 (new).]
M. A representative, appointed by the President of the Senate, of an environmental organization representative of the general
public; and
[1989, c. 464, §3 (new).]
N. A representative, appointed by the Speaker of the House of Representatives, of organized labor.
[1989, c. 464, §3 (new).]
The Governor and legislative leadership shall request a list of 3 names from organizations covered under paragraphs H to N
from which to make final appointments. All appointed members shall serve for a term of 4 years from the date appointed.
Appointed members shall serve the following initial terms: one member for 1 year, 2 members for 2 years, 2 members for 3
years and 2 members for 4 years. Appointed members shall be allowed to serve for 2 consecutive terms.
[RR 1995, c. 2, §96 (cor); 2003, c. 689, Pt. B, §7 (rev).]
2. Powers and duties. The general duties of the commission are to oversee the implementation of a comprehensive program of planning and training
for effective emergency response to releases of hazardous materials. Specifically, the commission shall:
A. Advise the director on rules promulgated under this subchapter;
[1989, c. 464, §3 (new).]
B. Designate emergency planning districts to facilitate implementation of emergency response plans;
[1989, c. 464, §3 (new).]
C. Provide for the necessary appointment of local emergency planning committees;
[1989, c. 464, §3 (new).]
D. Supervise and coordinate local emergency planning committee activities;
[1989, c. 464, §3 (new).]
E. Review emergency response plans developed by the committees;
[1989, c. 464, §3 (new).]
F. Receive chemical spill notifications required pursuant to state law and the provisions of the United States Emergency Planning
and Community Right-to-Know Act of 1986, Public Law 99-499;
[1989, c. 464, §3 (new).]
G. Provide the public with information upon request, consistent with the provisions of state and federal law, on emergency
response plans, potential chemical hazards and safety;
[1989, c. 464, §3 (new).]
H. Rule on trade secrets in cooperation with the United States Environmental Protection Agency;
[1989, c. 464, §3 (new).]
I. Monitor, observe, participate in and review certain emergency drills and exercises;
[1989, c. 464, §3 (new).]
J. Review and monitor hazardous materials training programs in the State;
[1989, c. 464, §3 (new).]
K. Conduct joint emergency operations from the State Emergency Operations Center; and
[1989, c. 464, §3 (new).]
L. Undertake any other actions necessary to accomplish the purposes of this subchapter.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
3. Voting. All votes require a quorum with at least 8 members present.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
RR 1995,
Ch. 2,
§96
(COR).
PL 2003,
Ch. 689,
§B7
(REV).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §793. Local emergency planning committees
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§793. Local emergency planning committees
There are established local emergency planning committees, referred to in this subchapter as "committees" for each emergency
planning district designated by the commission pursuant to the Emergency Planning and Community Right-to-Know Act of 1986,
Public Law 99-499.
[1989, c. 464, §3 (new).]
1. Local committees established. The commission shall, by resolution, appoint the members of the local emergency planning committee of each emergency planning
district. The committee shall consist of at least 14 members and, except as provided in subsection 2, shall include representatives
from each of the following organizations or groups: elected state and local officials; law enforcement, civil defense, firefighting,
first aid, health, local environmental, hospital and transportation personnel; broadcast and print media; citizens living
near local facilities; employees working in local facilities; community groups; and owners and operators of facilities subject
to the emergency planning requirement of this subchapter.
[1989, c. 464, §3 (new).]
2. Modification of committees. Members of the public may, by written petition, request the commission to modify the representation of those groups or organizations
on a local emergency planning committee. If the commission reduces or eliminates representation of a group or organization
on a committee, it shall declare the position of the member representing that group or organization to be abolished and the
person whose position is so abolished shall cease to serve as a member of the committee on the effective date of the commission's
declaration. Appointments of members to the committee to fill positions established as a result of modification to the composition
of the committee shall be made in the same manner as original appointments under this subchapter.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §794. Local emergency response plans
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§794. Local emergency response plans
1. Plan development. The local emergency planning committee of each emergency planning district shall prepare and submit to the commission a
local emergency response plan for the district. The district's plan shall contain all of the following in compliance with
federal law:
A. An identification of each facility within the district that:
(1) Has any extremely hazardous substance present at the facility in an amount that exceeds the threshold planning quantity
for the substance; and
(2) Annually manufactures, processes or otherwise uses an amount of a toxic chemical that exceeds the threshold planning
quantity for the substance;
[1989, c. 464, §3 (new).]
B. An identification of facilities contributing or subjected to additional risk due to their proximity to facilities identified
under paragraph A, subparagraph (1);
[1989, c. 464, §3 (new).]
C. A copy of the facility emergency response plan as defined in section 795;
[1989, c. 464, §3 (new).]
D. A composite statement of specialized equipment, facilities, personnel and emergency response organizations available within
the district to respond to releases of hazardous materials;
[1989, c. 464, §3 (new).]
E. An evaluation of the need for resources to develop, implement, and exercise the emergency plan, including recommendations
for additional resources and mechanisms for providing those resources;
[1989, c. 464, §3 (new).]
F. An identification of procedures for reliable, effective and timely notification and communication among emergency responders
within the district and to the public in the event of a release of an extremely hazardous substance or CERCLA hazardous substance
from a facility identified under paragraph A, subparagraph (1);
[1989, c. 464, §3 (new).]
G. Designations of community emergency coordinators;
[1989, c. 464, §3 (new).]
H. The methods for determining the occurrence of a release of an extremely hazardous substance from each facility identified
under paragraph A and for identification of the geographic area or population likely to be affected by such a release;
[1989, c. 464, §3 (new).]
I. Evacuation plans including, but not limited to, provisions for precautionary evacuation and alternative traffic routes in
the event of a release of an extremely hazardous substance from a facility identified in paragraph A;
[1989, c. 464, §3 (new).]
J. An identification of routes likely to be used for the transportation of extremely hazardous substances identified under
paragraph A;
[1989, c. 464, §3 (new).]
K. The development of training programs, seminars and other forms of educational programs for personnel of facilities identified
under paragraph A, emergency response personnel of political subdivisions within the district and medical personnel; and
[1989, c. 464, §3 (new).]
L. The development of methods and schedules for exercising the plan.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
2. Plan adoption. After completion of a local emergency response plan for the district, the committee shall submit the plan to the commission
for review and recommendations.
A. Prior to the adoption of the local emergency response plan for the district by the commission, the plan shall be subject
to a 30-day public comment period. Copies of the plan shall be placed in the town hall of each community included in the
plan within the emergency planning district and any other location designated by the committee. Members of the general public
shall have free access to the plan for review.
[1989, c. 464, §3 (new).]
B. At least annually, each committee shall conduct an exercise of its local emergency response plan. The committee shall notify
the commission at least 30 days before each exercise.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
3. Plan review. Each committee shall annually, or more frequently as changed circumstances in the emergency planning district or at any
facility in the district may require, review the local emergency response plan of the district. The review shall include,
without limitation:
A. An evaluation of the need for funds, personnel, equipment and facilities to develop, revise, implement and exercise the plan;
and
[1989, c. 464, §3 (new).]
B. Recommendations and requests to the commission regarding the additional funds that may be required for those purposes and
the means for providing them.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §795. Facility emergency response plans
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§795. Facility emergency response plans
The operators of any facility where any extremely hazardous substance is present in a quantity above the threshold planning
quantity are subject to the following.
[1989, c. 464, §3 (new); c. 638, §2 (amd).]
1. Written plans. A written plan in accordance with agency guidelines to protect public health and safety in the event of an accidental release
must be prepared and submitted by the facility operators to the commission, committee and fire department with jurisdiction
over the facility no later than 6 months from the effective date of this subchapter. The plan must satisfy the requirements
of the agency and shall, at a minimum:
A. Identify the facility emergency coordinator and that person's alternate;
[1989, c. 464, §3 (new).]
B. Describe the emergency warning systems and list nearby emergency and health personnel;
[1989, c. 464, §3 (new).]
C. Describe employee training and testing programs;
[1989, c. 464, §3 (new).]
D. Describe available response equipment and protective garments;
[1989, c. 464, §3 (new).]
E. Describe emergency health treatment procedures including notification, facility evacuation and community evacuation and
shelter-in-place procedures;
[1989, c. 464, §3 (new).]
F. Identify transportation routes and transportation methods for extremely hazardous substances;
[1989, c. 464, §3 (new).]
G. List the names of all companies providing sudden and nonsudden accidental coverage to the facility; and
[1989, c. 464, §3 (new).]
H. List any mutual aid agreements between the facility and emergency responders or public safety agencies.
[1989, c. 464, §3 (new).]
Emergency response plans required pursuant to other state or federal laws may be used to fulfill these requirements if the
plans contain the provisions required by this section.
[1989, c. 464, §3 (new).]
2. Annual test. An annual test demonstration and annual review must be held by the facility owners or operators to ensure public health
and safety.
[1989, c. 464, §3 (new).]
3. Emergency response equipment. By October 1, 1989, the operators of facilities covered under this subchapter shall, through mutual aid agreements with
a committee or local emergency response officials, provide for use by emergency personnel, primary response equipment which
shall at a minimum include protective clothing and breathing apparatus necessary to contain or extinguish releases of substances
handled by their facility. Facilities may coordinate the provision of equipment with other facilities in the locality as
well as the appropriate municipal public safety agencies.
[1989, c. 464, §3 (new).]
div>
Any person or facility that provides personnel or equipment through a mutual aid agreement with a committee or local emergency
response officials is immune from civil liability to the same extent provided government employees and political subdivisions
in Title 14, chapter 741 for acts performed within the scope of the mutual aid agreement.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1989,
Ch. 638,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §796. Material safety data sheets
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§796. Material safety data sheets
1. Data sheets. Any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for
a hazardous chemical under the United States Occupational Safety and Health Act of 1970, Public Law 91-596, as amended, and
regulations promulgated under it shall submit to the local emergency planning committee of the emergency planning district
in which the facility is located, the commission and the fire department having jurisdiction over the facility, either data
sheets or lists for which data sheets are available of the hazardous chemicals and extremely hazardous substances that are
stored at the facility in an amount that exceeds the threshold planning quantity for those chemicals or substances. The hazardous
chemicals and extremely hazardous substances shall be grouped together on any such data sheets by the categories of health
and physical hazards. The data sheets shall include, without limitation, all criteria set forth in 29 Code of Federal Regulations,
Section 1910.1200.
[1989, c. 464, §3 (new).]
2. Content of lists. The list of chemicals referred to in subsection 1 must include each of the following:
A. A list of hazardous chemicals for which material safety data sheets are required under subsection 1 grouped in categories
of health and physical hazards;
[1989, c. 464, §3 (new).]
B. The chemical name or the common name of each such chemical as provided on the material safety data sheet; and
[1989, c. 464, §3 (new).]
C. Any hazardous component of each such chemical as provided on the material safety data sheet.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
3. Revised data sheets. Within 3 months after the discovery of new information about a hazardous chemical or extremely hazardous substance identified
in the data sheet required by subsection 1, paragraph A or within 3 months after obtaining a hazardous chemical or extremely
hazardous substance for which reporting is required by subsection 1, paragraph A, the owner or operator of a facility shall
prepare and submit a revised data sheet or a revised list of chemicals for which data sheets are available that meets the
requirements of subsection 1, paragraph A and contains the new information to the local emergency planning committee, the
commission, and the fire department having jurisdiction over the facility.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §797. Maine chemical inventory reporting form
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§797. Maine chemical inventory reporting form
A person required to submit a facility emergency response plan, material safety data sheet or list of hazardous chemicals
and extremely hazardous substances must submit a Maine chemical inventory reporting form to the commission, the local emergency
planning committee and the local fire department with jurisdiction over the facility. The inventory reporting form and fee
must be submitted by March 1st annually for the previous calendar year, except that the inventory reporting form and fee may
be submitted with the registration fee in the year of reporting if the reporting facility can project its inventory levels
for the current year. Information on the inventory of extremely hazardous substances and hazardous chemicals for the previous
calendar year is required on the form. These forms must state, at a minimum:
[1995, c. 411, §1 (amd).]
1. Chemical name. The chemical name of each substance listed;
[1989, c. 464, §3 (new).]
2. Maximum weight. The maximum number of pounds of each substance present at any time during the preceding year;
[1989, c. 464, §3 (new).]
3. Average amount. The average daily amount of each substance present during the preceding year;
[1989, c. 464, §3 (new).]
4. Chemical storage. A brief description of the manner of the chemical's storage;
[1989, c. 464, §3 (new).]
5. Chemical location. The chemical's location at the facility;
[1989, c. 464, §3 (new).]
6. Information withholding. An indication if the person is electing to withhold information from disclosure under section 800;
[1989, c. 464, §3 (new); c. 929, §2 (amd).]
7. Transportation. A description of the manner in which the substance is shipped to the facility, including standard and alternate transportation
routes taken through the State from point of origin or entry to the facility. Records held by the commission regarding standard
and alternate transportation routes are confidential records for the purposes of Title 1, chapter 13, subchapter I. The commission
may provide those records to state, county or local emergency management agencies or public officials, as the commission determines
necessary, but shall require those agencies or officials to hold those records as confidential; and
[2001, c. 533, §1 (amd).]
8. Progress toward toxics use reduction goals. For those persons required to submit a form under this section for extremely hazardous substances, a report on the progress
made by the facility toward meeting the toxics use reduction goals established in Title 38, section 2303.
[1989, c. 929, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1989,
Ch. 929,
§2,3
(AMD).
PL 1993,
Ch. 355,
§1
(AMD).
PL 1995,
Ch. 411,
§1
(AMD).
PL 2001,
Ch. 533,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §798. Emergency notification
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§798. Emergency notification
1. Immediate notification. In the event of an unlicensed release from any facility where a CERCLA hazardous substance or an extremely hazardous substance
is produced, used or stored, that requires reporting under the United States Comprehensive Environmental Response, Compensation
and Liability Act of 1980, Section 103 (a) or the Superfund Amendments and Reauthorization Act of 1986, Title III, Section
304(a), the owner or operator of the facility at which the release occurs must immediately contact the local fire department
with jurisdiction over the site, the State Police as the designated agent for the commission and the community emergency coordinator.
This oral notification must contain, to the extent known at the time of notice and so long as no delay in responding to the
emergency results, information included in the Maine Emergency Management Agency's AR-1 form including:
A. The specific location of the release;
[1989, c. 464, §3 (new).]
B. Identification of the chemical released and the estimated quantity released;
[1989, c. 464, §3 (new).]
C. The time and duration of the release;
[1989, c. 464, §3 (new).]
D. The environmental media into which the chemical was released;
[1989, c. 464, §3 (new).]
E. Any known or anticipated acute or chronic health risks;
[1989, c. 464, §3 (new).]
F. Any precautions that should be taken, including evacuation or medical surveillance; and
[1989, c. 464, §3 (new).]
G. The names and telephone numbers of parties to be contacted for further information.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
2. Transportation releases. For releases of substances covered under this subchapter during transportation, the responsible party must contact the
State Police.
[1989, c. 464, §3 (new).]
3. Follow-up report. Within 14 days of the release, the owner or operator must file with the commission and committee a follow-up emergency notice,
which details all of the information in subsection 1, along with:
A. Actions taken to respond to and contain the release;
[1989, c. 464, §3 (new).]
B. The cause of the release and the events leading to it;
[1989, c. 464, §3 (new).]
C. The known or anticipated health risks of the release and any medical attention needs of exposed persons; and
[1989, c. 464, §3 (new).]
D. The measures taken or to be taken to avoid recurrence.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §799. Toxic chemical release forms
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§799. Toxic chemical release forms
Under this section, the owner or operator of every facility with 10 or more employees and within Standard Industrial Classification
Codes 20-39 must file toxic chemical release forms for routine releases with the United States Environmental Protection Agency,
the Department of Environmental Protection, the commission and the local emergency planning committee by October 1, 1989 and
annually thereafter consistent with the Superfund Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III,
Section 313, and 40 Code of Federal Regulations, Part 372. Those forms must be made available to the public by the commission
and the local emergency planning committee. The owner or operator of every facility required to report under this section
must also submit a report on the progress made by the facility toward meeting the toxics release reduction goals established
in Title 38, section 2303.
[1993, c. 355, §2 (amd).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1989,
Ch. 929,
§4
(AMD).
PL 1993,
Ch. 355,
§2
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §800. Trade secrets
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§800. Trade secrets
1. Withholding information. Information that constitutes a trade secret may be withheld from the local emergency planning committee or fire department,
and specific chemical names and identifications may be withheld in accordance with this subchapter if:
A. The information has not been disclosed to any other person except the commission, the local emergency planning committee,
a public official or a person bound by confidentiality agreement, and reasonable measures have been taken to protect confidentiality;
[1989, c. 464, §3 (new).]
B. The information is not required to be disclosed by law;
[1989, c. 464, §3 (new).]
C. Disclosure is likely to cause harm to the business's competitive position; and
[1989, c. 464, §3 (new).]
D. The chemical identity in question is not readily discoverable through reverse engineering.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
2. Substitute information. If trade secrecy is claimed, the owner or operator of the facility shall substitute on the relevant forms:
A. The generic class of the material;
[1989, c. 464, §3 (new).]
B. Sufficient information so that emergency responders will not be hampered; and
[1989, c. 464, §3 (new).]
C. Identification of potential adverse health effects posed by the hazardous chemical or extremely hazardous substance.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
3. Exception. Trade secrecy cannot be claimed if:
A. The commission and the United States Environmental Protection Agency so rule;
[1989, c. 464, §3 (new).]
B. Notification is required by a release; or
[1989, c. 464, §3 (new).]
C. In the event of a life threatening situation, the information is requested by the State Toxicologist or a health professional
treating a victim of exposure to the chemical.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §801. Fees
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§801. Fees
1. Fees required. The operators of any facility that is required to report to the State Emergency Response Commission under the Superfund
Amendments and Reauthorization Act of 1986, Public Law 99-499, Title III, Sections 311, 312 and 313, are subject to the fees
adopted pursuant to subsection 2. All fees collected pursuant to this section shall be deposited in the Emergency Response
Commission Fund.
[1989, c. 464, §3 (new).]
2. Fees established. The director, with the advice of the commission and subject to the Maine Administrative Procedures Act, Title 5, chapter
375, shall promulgate rules to establish a fee schedule for:
A. Registering facilities, not to exceed $50 per facility; and
[1989, c. 464, §3 (new).]
B. Reporting hazardous materials, on a weight basis per chemical.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
3. Fee caps. Facility owners and operators shall be subject to maximum fees of $5,000 per facility for reporting hazardous materials
under this section.
[1989, c. 464, §3 (new).]
4. Fee exemptions. The following operators are exempt from the following requirements under this section.
A. Retail marketers of petroleum products with a storage capacity of 75,000 pounds or less per product shall be exempt from
the reporting fee.
[1989, c. 464, §3 (new).]
B. Owners and operators of commercial agricultural operations shall be exempt from the fee requirements under this section
for registering agricultural facilities and for hazardous materials used in the commercial production of farm products as
defined in Title 17, section 2805, subsection 1, paragraph C. Farm product processing facilities are not exempt from the
fee requirements. For the purposes of this section, "processing" shall not include the packaging of raw commodities or farm
products for resale.
[1989, c. 464, §3 (new).]
C. Public schools are exempt from registration fees and inventory fees imposed pursuant to this section prior to March 1, 1994
for underground storage tanks. This paragraph does not exempt a public school from registration or inventory requirements
other than the payment of fees prior to March 1, 1994 for underground storage tanks.
[1993, c. 571, §1 (new).]
[1993, c. 571, §1 (amd).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1993,
Ch. 571,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §802. Emergency Response Commission Fund
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§802. Emergency Response Commission Fund
The Emergency Response Commission Fund is established to be used by the agency as a nonlapsing fund for carrying out the purposes
of this subchapter. All fees collected under this subchapter shall be credited to this fund. All fines or penalties assessed
pursuant to section 806 shall be credited to this fund.
[1989, c. 464, §3 (new).]
1. Disbursements allowed. The agency, with the advice of the commission, shall make disbursements from the fund for the following purposes:
A. To employ personnel within the agency to manage and coordinate data collected pursuant to this subchapter;
[1989, c. 464, §3 (new).]
B. To fund county training programs for local emergency planning committees;
[1989, c. 464, §3 (new).]
C. To provide training grants; and
[1989, c. 464, §3 (new).]
D. To provide for the resource needs of the local emergency planning committees.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §803. Agency responsibilities
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§803. Agency responsibilities
The Maine Emergency Management Agency has the following responsibilities under this subchapter.
[1989, c. 464, §3 (new).]
1. Review facility emergency plans. The agency shall review facility area emergency plans submitted to the commission and make recommendations to the commission
on their acceptance. The agency shall also develop model emergency plans.
[1989, c. 464, §3 (new).]
2. Manage and coordinate data. The agency shall manage and coordinate data submitted pursuant to the Superfund Amendments and Reauthorization Act of 1986,
Public Law 99-499.
[1989, c. 464, §3 (new).]
3. Liaison. The agency shall provide liaison to the State Emergency Response Commission, local emergency planning committees and industrial
facilities throughout the State that manufacture, use, store or process hazardous materials.
[1989, c. 464, §3 (new).]
4. Monitor compliance. The agency shall monitor the compliance of facilities, owners and operators with this subchapter and shall conduct inspections
as necessary to ensure compliance with this subchapter. In the event of an accident or incident, the agency may investigate
and inspect facilities to determine the cause and circumstances and may order appropriate reporting, facility response mitigation
and corrective actions pursuant to any requirement of this subchapter.
[1989, c. 464, §3 (new); c. 638, §3 (amd).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 1989,
Ch. 638,
§3
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §804. Local authority
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§804. Local authority
Nothing in this subchapter or rules adopted under it preempts or otherwise affects any ordinance, regulation or rule of a
political subdivision, limits the authority of a political subdivision to adopt or enforce any ordinance, regulation, or rule
that it is authorized to adopt or enforce pursuant to the Constitution of Maine and laws of this State, or limits the authority
of any department or agency of this State to adopt any rule or enforce any law or rule of this State that it is authorized
to adopt or enforce under the laws of this State. This subchapter does not abridge rights of action or remedies in equity,
under common law, or as provided by law.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §805. Community right to know
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§805. Community right to know
1. Availability to public. Each emergency response plan, material safety data sheet, list described in section 796, subsection 2, Maine chemical inventory
reporting form, toxic chemical release form and follow-up emergency notice shall be made available to the general public,
consistent with section 800, during normal working hours at the location or locations designated by the Administrator of the
United States Environmental Protection Agency, the Governor, the commission or the local emergency planning committee, as
appropriate. Upon request by an owner or operator of a facility subject to the requirements of section 797, the commission
and the appropriate local emergency planning committee shall withhold from disclosure under this section the location of any
specific chemical required by section 797 to be contained in a Maine chemical inventory reporting form.
[1989, c. 464, §3 (new).]
2. Notice of public availability. Each committee shall annually publish a notice in local newspapers that the emergency response plan, material safety data
sheets and Maine chemical inventory reporting forms have been submitted under this section. The notice shall state that follow-up
emergency notices may subsequently be issued and announce that members of the public who wish to review any such plan, sheet,
form or follow-up notice may do so at the location designated under subsection 1.
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §806. Enforcement; penalties
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 3-A: COORDINATION AND ADMINISTRATION OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (HEADING: PL 1989, c. 464, @2
(new))
§806. Enforcement; penalties
1. Commission orders. The commission may issue orders requiring the owner or operator of a facility or other responsible person at a facility
to abate a violation of any section of this subchapter or rule adopted under it.
[1989, c. 464, §3 (new).]
2. Civil penalties. The following penalties apply to the following violations.
A. A person who violates section 795 is subject to a civil penalty of not more than $25,000.
[2003, c. 452, Pt. V, §1 (new); Pt. X, §2 (aff).]
B. A person who violates section 796 is subject to a civil penalty of not more than $1,000.
[2003, c. 452, Pt. V, §1 (new); Pt. X, §2 (aff).]
C. A person who violates section 797 is subject to a civil penalty of not more than $1,000.
[2003, c. 452, Pt. V, §1 (new); Pt. X, §2 (aff).]
D. A person who violates section 798, subsection 1 or 2 is subject to a civil penalty of not more than $25,000.
[2003, c. 452, Pt. V, §1 (new); Pt. X, §2 (aff).]
Civil penalties under this subsection are payable to the Emergency Response Commission Fund. These penalties are recoverable
in a civil action. Minimum penalties under this subsection are $100 per day. Each day of violation constitutes a separate
violation.
[2003, c. 452, Pt. V, §1 (rpr); Pt. X, §2 (aff).]
3. Criminal penalties. The following penalties apply to the following violations.
A. A person who intentionally, knowingly or recklessly fails to comply with the reporting requirements of section 798, subsection
1 commits a Class C crime and, notwithstanding Title 17-A, section 1301, is subject to a fine of not more than $25,000.
[2003, c. 452, Pt. V, §2 (new); Pt. X, §2 (aff).]
B. A person who violates paragraph A when the person has a prior conviction for violation of paragraph A commits a Class C
crime and, notwithstanding Title 17-A, section 1301, is subject to a fine of not more than $50,000. Title 17-A, section 9-A
governs the use of prior convictions when determining a sentence.
[2003, c. 452, Pt. V, §2 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. V, §2 (rpr); Pt. X, §2 (aff).]
4. Authority to bring civil actions. Civil actions may be brought as follows.
A. Any person may commence a civil action on that person's own behalf against the owner or operator of a facility for failure
to do any of the following:
(1) Submit a follow-up emergency notice under section 798, subsection 3;
(2) Submit a material safety data sheet or a list under section 796;
(3) Complete and submit a Maine chemical inventory reporting form under section 797; or
(4) Complete and submit a toxic chemical release form under section 799.
[1989, c. 464, §3 (new).]
B. No action may be brought against the owner or operator of a facility if the Federal Government or the State has commenced
and is diligently pursuing an administrative order, civil action or criminal action to enforce the requirement concerned or
to impose a civil penalty for an alleged violation of the requirement, either under this subsection or under comparable federal
law or rule.
[1989, c. 464, §3 (new).]
C. No action may be commenced under this subsection unless the plaintiff has given at least 60 days prior notice to the commission,
the Attorney General and the owner or operator of the facility alleged to be in violation that the plaintiff will commence
the action.
[1989, c. 464, §3 (new).]
D. Action brought against an owner or operator under this section shall be brought in Superior Court for the county in which
the alleged violation occurred.
[1989, c. 464, §3 (new).]
E. Nothing in this subsection may restrict or expand any right which any person or class of persons may have under any federal
or state law or common law to seek enforcement of any requirement or to seek any other relief.
[1989, c. 464, §3 (new).]
F. In any action under this subsection, the Federal Government or the State, or both, may intervene as a matter of right.
[1989, c. 464, §3 (new).]
G. In any action under this subsection, any person may intervene as a matter of right when that person has a direct interest
which is or may be adversely affected by the action and the disposition of the action may, as a practical matter, impair or
impede the person's ability to protect that interest unless the court determines that the person's interest is adequately
represented by existing parties in the action.
[1989, c. 464, §3 (new).]
[1989, c. 464, §3 (new).]
Section History:
PL 1989,
Ch. 464,
§3
(NEW).
PL 2003,
Ch. 452,
§V1,2
(AMD).
PL 2003,
Ch. 452,
§X2
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §821. Eminent domain
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§821. Eminent domain
When the Governor has issued a proclamation in accordance with section 742 and, when in his judgment for the protection and
welfare of the State and its inhabitants, the situation requires it as a matter of public necessity or convenience, he may
take possession of any real or personal property located within the State for public uses in furtherance of this chapter.
[1983, c. 460, § 3 (new).]
1. Real property. If real estate is seized under this section, a declaration of the property seized, containing a full and complete description,
shall be filed with the register of deeds for the county in which the seizure is located and a copy of that declaration shall
be furnished to the owner.
[1983, c. 460, § 3 (new).]
2. Personal property. If personal property is seized under this section, there shall be entered, upon a docket containing a permanent record,
a description of that personal property and its condition when seized, and there shall be furnished to the owner of the seized
property a true copy of the docket recording.
[1983, c. 460, § 3 (new).]
3. Compensation. The Governor shall award reasonable compensation to the owners of the property which he takes under this section and for
its use and for any injury thereto or destruction thereof caused by that use.
[1983, c. 460, § 3 (new).]
4. Appeal. The owner of property of which possession has been taken under this section and to whom no award has been made or who is
dissatisfied with the amount awarded him as compensation may bring an action in the Superior Court in the county in which
he lives or has a usual place of business or in the County of Kennebec to have the amount of damages to which he is entitled
determined. The plaintiff may bring the action within 6 years after the date when possession of the property was taken under
this section, except that, if the owner of the property is in the military service of the United States at any time during
which he should otherwise have brought his action, he may bring the action within 6 years after his discharge from that military
service. The plaintiff and the State shall severally have the right to have the damages assessed by a jury.
[1983, c. 460, § 3 (new).]
5. Continuation of right of action. In the event the owner of property seized under this section dies, preventing him from bringing or continuing the action
provided in subsection 4, his executor or administrator may bring or continue the action.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §822. Immunity
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§822. Immunity
Neither the State nor any of its agencies or political subdivisions nor a person called out pursuant to section 784-A, including
a voluntary and uncompensated grantor of a permit for the use of the grantor's premises as an emergency management shelter,
may, while engaged in any emergency management activities and while complying with or attempting to comply with this chapter
or any rule adopted pursuant to this chapter, be liable for the death of or injury to any person, or damage to property, as
a result of those activities. This section does not affect the right of any person to receive benefits to which that person
would otherwise be entitled under this chapter, under the Maine Workers' Compensation Act of 1992, under any pension law or
under any act of Congress.
[2003, c. 510, Pt. C, §15 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
RR 1993,
Ch. 1,
§110
(COR).
PL 2001,
Ch. 614,
§20
(AMD).
PL 2001,
Ch. 662,
§88
(AMD).
PL 2003,
Ch. 510,
§C15
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §823. Compensation for injuries received in line of duty
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§823. Compensation for injuries received in line of duty
All members of the emergency management forces are deemed to be employees of the State while on, or training for, emergency
management duty. They have all the rights given to state employees under the former Maine Workers' Compensation Act or the
Maine Workers' Compensation Act of 1992. All claims must be filed, prosecuted and determined in accordance with the procedure
set forth in the Maine Workers' Compensation Act of 1992.
[2003, c. 510, Pt. A, §38 (rpr).]
1. Average weekly wage. In computing the average weekly wage of any claimant under this section, the average weekly wage must be taken to be the
earning capacity of the injured person in the occupation in which the injured person is regularly engaged.
[1995, c. 462, Pt. A, §72 (amd).]
2. Setoff. Any sums payable under any act of Congress or other federal program as compensation for death, disability or injury of emergency
management workers must be considered with the determination and settlement of any claim brought under this section. When
payments received from the Federal Government are less than an injured member would have been entitled to receive under this
section, the injured member is entitled to receive all the benefits to which the injured member would have been entitled under
this section, less the benefits actually received from the Federal Government.
[2001, c. 614, §22 (amd); c. 662, §90 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1995,
Ch. 462,
§A72
(AMD).
PL 2001,
Ch. 614,
§21,22
(AMD).
PL 2001,
Ch. 662,
§89,90
(AMD).
PL 2003,
Ch. 510,
§A38
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §824. Appropriations
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§824. Appropriations
1. General Fund. The Governor may whenever an emergency has been declared, as provided in section 742, transfer to the agency money from
the General Fund of the State, including unexpended appropriation balances of any state department or agency, allotted or
otherwise. The Governor may expend that money for the purpose of carrying out this chapter.
[1987, c. 769, Pt. A, §164 (amd).]
2. For local emergency management expenses. Each political subdivision may make appropriations for the payment of expenses of its local organization for emergency management
in the same manner as for its other ordinary expenses. In making those appropriations, the political subdivision shall specify
the amounts and purposes for which the money appropriated may be used by the local organizations.
[2001, c. 614, §23 (amd); c. 662, §91 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 769,
§A164
(AMD).
PL 2001,
Ch. 614,
§23
(AMD).
PL 2001,
Ch. 662,
§91
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §825. Acceptance of aid
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§825. Acceptance of aid
Whenever the Federal Government or any of its agencies or officers or any person, firm or corporation offers to the State
or to any of its political subdivisions services, equipment, supplies, materials or funds by way of gift, grant or loan, for
purposes of emergency management, the State, acting through the Governor, or the political subdivision, acting through its
executive officer or governing body, may accept that offer. Upon acceptance, the Governor of the State or the executive officer
or governing body of the political subdivision may authorize any officer of the State or of the political subdivision, as
the case may be, to receive those services, equipment, supplies, materials or funds on behalf of the State or the political
subdivision subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.
[2001, c. 614, §24 (amd); c. 662, §92 (amd).]
div>
Notwithstanding any other provision of law, the Governor may enter into an agreement with the Federal Emergency Management
Agency for debris removal financial assistance and agree on behalf of the State to indemnify the Federal Government against
any claim arising from such removal as required by 42 United States Code, Section 5173.
[2001, c. 662, §93 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§24
(AMD).
PL 2001,
Ch. 662,
§92,93
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §826. Transfer of equipment
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§826. Transfer of equipment
Subject to the approval of the Governor, the director may convey equipment, supplies, materials or funds by sale, lease or
grant to any political subdivision of the State for emergency management purposes. The conveyance is subject to the terms
of the offer and the applicable state rules and federal regulations.
[2001, c. 614, §25 (amd); c. 662, §94 (amd).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1983,
Ch. 816,
§B18
(AMD).
PL 2001,
Ch. 614,
§25
(AMD).
PL 2001,
Ch. 662,
§94
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §827. Aid in emergency; penalty
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§827. Aid in emergency; penalty
Upon the issuance of a proclamation as provided in section 742, the Governor may utilize any available property and enlist
the aid of any person to assist in the effort to control, put out or end the disaster, catastrophe or emergency or aid in
the caring for the safety of persons. Any person who refuses to render the aid requested without reasonable cause is guilty
of a Class E crime. The State is liable for damage to any property utilized under this chapter.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §828. Right-of-way; violation
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§828. Right-of-way; violation
Personnel and equipment required to respond to emergency calls under this chapter shall have the right-of-way over all public
ways and roads and the Governor is granted the right to close or restrict traffic on all roads in any area. Whoever fails
to give the right-of-way to personnel, vehicles and equipment required to respond to emergency calls under this chapter, or
whoever enters upon roads which have been closed to traffic under this chapter, is guilty of a Class E crime.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §829. Enforcement
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§829. Enforcement
It is the duty of every agency for emergency management established pursuant to this chapter and of the officers to execute
and enforce orders and rules adopted by the Governor under authority of this chapter. Each emergency management agency shall
have available for inspection at its office all orders and rules made by the Governor or issued under the Governor's authority.
[2003, c. 510, Pt. A, §39 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§26
(AMD).
PL 2001,
Ch. 662,
§95
(AMD).
PL 2003,
Ch. 510,
§A39
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §830. Violations
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§830. Violations
Every officer of a political subdivision of the State with administrative responsibilities under this chapter who intentionally
violates any of the provisions of this chapter commits a civil violation for which a forfeiture of $20 may be adjudged.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §831. Utilization of existing services and facilities
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§831. Utilization of existing services and facilities
In carrying out this chapter, the Governor and the executive officers or governing bodies of the political subdivisions of
the State shall utilize the services and facilities of existing departments, offices and agencies of the State and all their
political subdivisions to the maximum extent practicable. The officers and personnel of all departments, offices and agencies
shall cooperate with and extend their services and facilities to the Governor and to the emergency management organizations
of the State upon request.
[2003, c. 510, Pt. A, §40 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§26
(AMD).
PL 2001,
Ch. 662,
§96
(AMD).
PL 2003,
Ch. 510,
§A40
(RPR).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §832. Political activity prohibited
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§832. Political activity prohibited
An emergency management organization established under the authority of this chapter may not participate in any form of political
activity and may not be employed directly or indirectly for political purpose.
[2003, c. 510, Pt. A, §41 (rpr).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 2001,
Ch. 614,
§26
(AMD).
PL 2001,
Ch. 662,
§97
(AMD).
PL 2003,
Ch. 510,
§A41
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §833. Civil emergency preparedness personnel (REPEALED)
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§833. Civil emergency preparedness personnel (REPEALED)
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
PL 1987,
Ch. 207,
§
(RP ).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §834. Inconsistent laws suspended
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 4: ADMINISTRATION
§834. Inconsistent laws suspended
Except as otherwise provided, all existing laws, rules and regulations inconsistent with this chapter or of any order or rule
issued under the authority of this chapter shall be suspended during the period of time and to the extent that the inconsistency
exists.
[1983, c. 460, § 3 (new).]
Section History:
PL 1983,
Ch. 460,
§3
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 37-B - §850. Search and rescue plan
Title 37-B: DEFENSE, VETERANS AND EMERGENCY MANAGEMENT (HEADING: PL 1997, c. 455, @9 (rpr))
Chapter 13: MAINE EMERGENCY MANAGEMENT AGENCY (HEADING: PL 1987, c. 370, @13 (rpr))
Subchapter 5: SEARCH AND RESCUE (HEADING: PL 1989, c. 489, @4 (new))
§850. Search and rescue plan
The Director of the Maine Emergency Management Agency shall prepare a state search and rescue plan encompassing all activities
including land, sea and air searches for persons, boats and airplanes. In the preparation of this plan, the director shall
review such individual agency plans as currently exist, seek the advice and counsel of all currently designated federal and
state search and rescue agencies and obtain their approval of the final plan. All other search and rescue agencies shall
cooperate with the agency in preparation of this plan. Responsibility for execution of the plan is with the individual state
agencies that have responsibility for the area being searched or for lost or downed aircraft, as appropriate. These agencies
shall follow all the provisions of the approved plan.
[2001, c. 662, §98 (amd).]
div>
This plan must be reviewed and updated as necessary. The director shall see that the plan and its revisions receive suitable
dissemination on a timely basis. Individual agencies shall submit revisions of their search and rescue plans to the director
for comment and incorporation into the agency's statewide plan.
[2001, c. 662, §98 (amd).]
Section History:
PL 1989,
Ch. 489,
§4
(NEW).
PL 2001,
Ch. 662,
§98
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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