§ 38 §347-A — Violations

Maine § 38 §347-A

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Text

1.
General procedures.
This subsection sets forth procedures for enforcement actions.
2.
Hearings.
The commissioner shall give at least 30 days' written notice to the alleged violator of the date, time and place of any hearing held pursuant to subsection 1, paragraph A, subparagraph (3). The notice must specify the act or omission which is claimed to be in violation of law or regulation.
3.
Emergency orders.
Whenever it appears to the commissioner, after investigation, that there is a violation of the laws or regulations the department administers or of the terms or conditions of any of the department's orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to the environment, the commissioner may order the person or persons causing or contributing to the hazard to immediately take such actions as are necessary to reduce or alleviate the danger. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. In the event that the persons are so numerous that the specified method of service is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner shall make the order known through prominent publication or announcement in news media serving the affected area.
3-A.
Stop-work order.
Notwithstanding any provision of law to the contrary, if the commissioner finds that an activity is being performed in a manner that violates this Title, a rule adopted pursuant to this Title or a term or condition of a license, permit or order issued by the board or the department and that the activity is creating an immediate and substantial adverse impact to a protected natural resource, as determined by the department, the commissioner may issue a stop-work order pursuant to this subsection requiring the cessation of the activity in whole or in part. As used in this subsection, "protected natural resource" has the same meaning as in section 480‑B, subsection 8.
4.
Administrative consent agreements.
Following issuance of a notice of violation pursuant to subsection 1 and after receipt of the alleged violator's response to that notice or expiration of the time period specified in the notice for a response, in situations determined by the commissioner appropriate for further enforcement action, the commissioner may send a proposed administrative consent agreement to the alleged violator or violators.
5.
Enforcement.
All orders of the department and administrative consent agreements entered into by the department may be enforced by the Attorney General or the department. If any order of the department is not complied with, the commissioner shall immediately notify the Attorney General.
6.
Public participation in enforcement settlements.
After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, Section 1251 et seq., as amended, in any civil enforcement action brought under this section, section 348 or 349 involving discharges regulated by the Federal Water Pollution Control Act, the department shall publish notice of and provide at least 30 days for public comment on any proposed settlement as follows.
7.
Landowner liability for actions of others.
An owner, lessee, manager, easement holder or occupant of premises is not subject to criminal sanctions or civil penalties or forfeitures for a violation of laws or rules enforced by the department or the board if that person provides substantial credible evidence that the violation was committed by another person other than a contractor, employee or agent of the owner, lessee, manager, easement holder or occupant. This subsection does not prevent the department, the board or a court from requiring an owner, lessee, manager, easement holder or occupant of premises to remediate or abate environmental hazards or damage or to reimburse the department for the cost of such remediation or abatement. An owner, lessee, manager, easement holder or occupant of premises is subject to criminal sanctions or civil penalties or forfeitures for failure to comply with a lawful administrative order or court order to remediate or abate environmental hazards or damage.
8.
Limitations on air and wastewater discharge enforcement actions.
9.
Limitations on enforcement actions.
This subsection applies to enforcement actions for civil penalties.

Legislative History

PL 1989, c. 311, §4 (NEW). PL 1989, c. 890, §§A31,32 (AMD). PL 1989, c. 890, Pt. A, §40 (AFF). PL 1993, c. 204, §§1,2 (AMD). PL 1995, c. 123, §§3,4 (AMD). PL 1995, c. 560, §I16 (AMD). PL 1997, c. 794, §A5 (AMD). PL 1999, c. 127, §A54 (AMD). PL 2001, c. 365, §2 (AMD). PL 2003, c. 245, §5 (AMD). PL 2005, c. 330, §5 (AMD). PL 2007, c. 292, §12 (AMD). PL 2007, c. 337, §1 (AMD). PL 2011, c. 304, Pt. H, §§19, 20 (AMD). PL 2011, c. 350, §§1, 2 (AMD). PL 2011, c. 538, §§5, 6 (AMD). PL 2019, c. 315, §§8-10 (AMD). PL 2023, c. 623, §2 (AMD).