1975 dam registration

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) )) .,, ~-- "' ()",>-~,,,.,,,__. ,.1.., .. ..t J') -00-v;---' <--·. _..,. 1 -" I'·) , .. I ,t. 'i ;, <>J s··rA·rE 01: MAINE . ~ Inter~J)cp;ir_tmcntal Men1orandu1n F1·;1nk W. Ricker, J:<.,xecut1ve DJrector February 6, 1919 Date-----··- -- ··-··- -.. -·· ....... __ _ To Soil and Water Conservation Comm. Dept. ___ -·-------·------ _____ _ D~L Attorney General Subject _ 1975 Dam Registration --------------------- You have asked whether dams registered pursuant to 12 M.R.S.A. § 303 for the calendar year 1975 were properly registered, and, if not, what disposition should be made by the Soil and Water Co11servation Commission with the fees that were collected for the calendar year 1975. Our answer is that registration was improper for 1975 under 12 M.R.S.A. § 303, and all fees collected under said statute for that year should be refunded to reiistrants. In 1975, the Legislature enacted the Neglected Darn Act. It became effective on October 1, 1975. Constitution of Maine, Art. IV, Pt. 3, § 16. The registration requirements of the Neglected Dams Act, 12 M.R.S.A. § 303, provides: Any person, other than State and Federal Governments, owning or operating any dam shall annually register with the commission, on forms provided by the commission, on or before the first day of January of each calendar year. Such registration shall require that the owner or operator provide to the commission such information as may be reasonably required by it to perform the dut:i es requ:i :cr.:d by th4s Act. The annual fee for such registration shall be $10. Said fee to be used by the commission for administration of the Act. Any dam not registered pursuant to this section shall be deemed abandoned under chapter 5. \fo,_•r·e 1.llc Jan2:uae;e of a statute :is plai.n and unambt1,;uous :u1d ,·u11v1·y:; a clr:,1L' ;1nd c1e:l'·iri.i.Lc: rnc:n1in1-r,, U1c1'c :i:; no occa:-;inn Cui' 1·,-:,,<,1·1, i 111•; to t11e rules of statutory jnt12rp1~ctat:Lons. CJ1asc v. i•:~l/?j.£., ~~'.)'.) /\.2d 30, 32 (Me. 1969). According to§ 303, a darn must be annually registered on or before the fi 1'st day of January of each calendar year. Since the Act became effective on October 1, 1975, it would be impossible to rc~ister a darn on or before the first day of January of 1975. The first January after the Act became effective was January 1, 1976. Consequently, the first year for which darns were to be regJstered was the calendar year 1976. Registrations for the calendar year 1975 were not authorized by§ 303. Any fees collected without statutory authority were improperly collected by the Cornrn j :_;::don . Anyfees which were collected by the Commission without authorization 0y statute should be returned to the registrants. Allan .A.. 'l1ou1Jmari . -- ----