36 §2866. Mining Corrective Action Fund
Title 36: TAXATION
Part 4: BUSINESS TAXES
Chapter 371: MINING EXCISE TAX
§2866. Mining Corrective Action Fund
1. Creation of fund. The Mining Corrective Action Fund, referred to in this section as the "fund," is established as a nonlapsing fund administered by the Mining Excise Tax Trust Fund Board of Trustees, referred to in this section as the "board." The board shall oversee and authorize expenditures from the fund.
[ 1991, c. 883, §8 (NEW) .]
2. Investment. The Treasurer of State shall invest the money in the fund as authorized by Title 5, section 138.
[ 1991, c. 883, §8 (NEW) .]
3. Scope of corrective action. The fund may be used only for corrective action for mining operations located in municipalities.
[ 1991, c. 883, §8 (NEW) .]
4. Uses of fund. Money from the fund may be used only to fund corrective action as defined in the mining rules adopted by the Department of Environmental Protection and the Maine Land Use Regulation Commission. Corrective action includes, but is not limited to, remedial action related to:
A. Contaminated ground water; [1991, c. 883, §8 (NEW).]
B. Disposition of mining wastes; [1991, c. 883, §8 (NEW).]
C. Reclamation defects on or surrounding the site; and [1991, c. 883, §8 (NEW).]
D. Pollution control at the site. [1991, c. 883, §8 (NEW).]
[ 1991, c. 883, §8 (NEW) .]
5. Restrictions and liability. Money from the fund may be used only for corrective action necessary to address problems that occur at the site following termination of mining operations and closure of the mine. Corrective action necessary during the operation of a mine must be funded by the mining company. The existence of this fund does not relieve a mining company of any liability or responsibility arising from a corrective action following termination of its mining operation in a municipality.
[ 1991, c. 883, §8 (NEW) .]
6. Disposition of fund. When corrective action is necessary in accordance with this section, the board shall provide funds for remedial activities at the site on a pro rata basis to ensure that funds are available for any necessary corrective action at other sites. This determination is based on the amount of excise tax revenues generated at each site.
[ 1991, c. 883, §8 (NEW) .]
7. Depletion of fund. Following termination of mining operations, the mining company and, in the case of a mining company that is a subsidiary of a corporation, the parent company remain liable for any corrective action determined necessary by the board. If the contributions of the mining company to the fund are insufficient to fund corrective action, the mining company or its successor, if the company has been sold, remains liable for the costs of corrective action. If the mining company ceases to exist, the parent company, if any, is liable for any necessary corrective action. Any funds expended for corrective action as provided in this section must be reimbursed in full by the mining company, its successor or its parent corporation.
[ 1991, c. 883, §8 (NEW) .]
SECTION HISTORY
1991, c. 883, §8 (NEW).