38 §610-C. Outdoor Wood Boiler Fund (WHOLE SECTION TEXT EFFECTIVE UNTIL 8/31/13) (WHOLE SECTION TEXT REPEALED 8/31/13 by T. 38, §610-C, sub-§4)
Title 38: WATERS AND NAVIGATION
Chapter 4: PROTECTION AND IMPROVEMENT OF AIR
§610-C. Outdoor Wood Boiler Fund
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE UNTIL 8/31/13)
(WHOLE SECTION TEXT REPEALED 8/31/13 by T. 38, §610-C, sub-§4)
1. Fund established. The Outdoor Wood Boiler Fund, referred to in this section as "the fund," is established as a nonlapsing fund administered by the commissioner to be used by the department to upgrade, purchase and replace outdoor wood boilers that create a nuisance condition as defined in the department's rules or threat to public health or safety.
[ 2007, c. 680, §2 (NEW) .]
2. Sources of money. The fund consists of any money received from the following sources:
A. Appropriations by the State; [2007, c. 680, §2 (NEW).]
B. Contributions from any other source, both public and private; and [2007, c. 680, §2 (NEW).]
C. Up to $200,000 of civil penalties for violations of air quality laws or rules administered by the department if the penalties are imposed pursuant to an administrative consent agreement or court-ordered consent decree and the person against whom the penalty is imposed expressly assents in the agreement or decree that the penalty may be paid into the fund. [2007, c. 680, §2 (NEW).]
[ 2007, c. 680, §2 (NEW) .]
3. Application of fund. The department shall apply the money in the fund toward the upgrade, purchase and replacement of outdoor wood boilers determined by the department to constitute a nuisance condition or threat to public health or safety. The department shall adopt rules that include, but are not limited to, criteria for determining whether an outdoor wood boiler constitutes a nuisance condition or threat to public health or safety and is eligible for use of the fund, compensation criteria and amounts and procedures for certification and verification of removal and possible replacement of eligible outdoor wood boilers. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2009, c. 209, §5 (AMD) .]
4. Repeal. This section is repealed August 31, 2013.
[ 2007, c. 680, §2 (NEW) .]
SECTION HISTORY
2007, c. 680, §2 (NEW). 2009, c. 209, §5 (AMD).