Maine § 38 §1319-U Forfeiture; civil liability (REALLOCATED FROM TITLE 38, SECTION  1306-C)

Maine Statutes

§ 38 §1319-U — Forfeiture; civil liability (REALLOCATED FROM TITLE 38, SECTION 1306-C)

Maine·Title 38 WATERS AND NAVIGATION·Ch. 13 WASTE MANAGEMENT

1.Property forfeited. The following property shall be subject to forfeiture to the State and all property rights therein shall be in the State:

2.Jurisdiction. Property subject to forfeiture may be declared forfeited by a court having jurisdiction over the property or having final jurisdiction over a related civil or criminal proceeding under this subchapter.

3.Exceptions. The court may order forfeiture of all property subject to forfeiture, except as follows.

4.Procedure. The Attorney General may seek forfeiture of a conveyance according to the procedure set forth in Title 15, section 5822, with the following exceptions.

5.Civil liability. A person who disposes of or treats hazardous waste, when that disposal or treatment, in fact, endangers the health, safety or welfare of another,

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1.
Property forfeited.
The following property shall be subject to forfeiture to the State and all property rights therein shall be in the State:
2.
Jurisdiction.
Property subject to forfeiture may be declared forfeited by a court having jurisdiction over the property or having final jurisdiction over a related civil or criminal proceeding under this subchapter.
3.
Exceptions.
The court may order forfeiture of all property subject to forfeiture, except as follows.
4.
Procedure.
The Attorney General may seek forfeiture of a conveyance according to the procedure set forth in Title 15, section 5822, with the following exceptions.
5.
Civil liability.
A person who disposes of or treats hazardous waste, when that disposal or treatment, in fact, endangers the health, safety or welfare of another, is liable in a civil suit for all resulting damages. It is not necessary to prove negligence.
Nothing in this section shall preclude any action for damages which may be maintained under the common law or the laws of this State.

Maine § 38 §1319-U (Forfeiture; civil liability (REALLOCATED FROM TITLE 38, SECTION 1306-C)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.