10- 144 C.M.R. ch. 293, § 2
The purpose of the Fee is to fund the Lead Poisoning Prevention Fund as established in 22 M.R.S. §1322-E.
The Fee applies only to the following persons according to the following sequence:
Pursuant to 22 M.R.S. §1322-F, persons subject to the Fee shall pay $0.25 per gallon of paint sold in Maine. The Fee shall be paid to the Department no later than April 1 for the preceding calendar year. For the initial year in which these rules are effective, the Fee shall be due April 1, 2007, based upon paint sales beginning July 1, 2006. The fee payer may compute the total amount of fee owed based upon either:
Fee payers which sold fewer than 1,800 gallons of paint in the State of Maine during the previous calendar year, based upon either actual sales volume or the Maine pro rata percentage of national paint sales volume, are exempt from payment of the fee.
The Fee payer shall report its annual Maine paint sales to the Department on an approved form to be provided by the Department in a Department approved format. The report shall include the total volume of paint sold by gallon in Maine in the previous calendar year and identify the method of calculation of the total fee, whether by actual sales volume or pro rata share. The form shall be signed by a responsible corporate official who shall attest to the accuracy of the information. Reports shall be due on April 1 for the preceding calendar year. For the initial year in which these rules are effective, the report shall be due April 1, 2007, based upon paint sales beginning July 1, 2006.
Subject to the provisions of Maine's Public Records and Proceedings Statute, 1 M.R.S. Chapter 13 (§§ 401-521), information submitted to the Department pursuant to these Rules may be designated as confidential. The designation must be clearly indicated on the reporting form. The Commissioner shall establish procedures to insure that information so designated is segregated from public records of the Department. Upon receipt of a public access request for any of the information designated by the submitter as confidential, the Commissioner shall notify the data submitter within 10 days of the request. The Department may accommodate the public access request unless the data submitter notifies the Department within 10 days of being notified of its objection to the release of the data and institutes appropriate measures to safeguard the data from public release. The burden shall be upon the data submitter to demonstrate that any data claimed as confidential is not a public record and not subject to disclosure pursuant to 1 M.R.S.§408-A.
The Attorney General shall enforce payment of the fee through an action in Superior Court in Kennebec County and may collect costs and attorney's fees, where authorized by the Court.
The enabling legislation for these rules is repealed when the Commissioner of Health and Human Services certifies that a period of 24 months has elapsed since the Department of Health and Human Services identified a child with an elevated blood lead level through screening by health care providers under section 1317-C. The Commissioner of Health and Human Services shall provide notice to the Secretary of the Senate, the Clerk of the House of Representatives and the Office of the Revisor of Statutes when this condition has been met. For the purposes of this subsection, "elevated blood lead level" means a confirmed level of blood lead of 10 micrograms per deciliter or a level of blood defined by the federal Department of Health and Human Services, Centers for Disease Control and Prevention, whichever is lower.
10- 144 C.M.R. ch. 293, § 2