§ 38 §490-TT — Violations

Maine § 38 §490-TT

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

1.
Permittee required to correct violations.
If the department determines that a permittee has violated this chapter, a rule adopted under this article, an order of the department or a mining permit issued under this article, the department shall require the permittee to correct the violation and the department may pursue enforcement action pursuant to sections 347‑A, 348 and 349.
2.
Imminent endangerment.
If the department determines that a violation under subsection 1 is causing or resulting in an imminent and substantial endangerment to the public health or safety, environment or natural resources, the department shall take action necessary to abate or eliminate the endangerment. Such action may include one or more of the following:
3.
Effect of revocation or suspension.
The revocation of a mining permit or suspension of mining activities under subsection 2 does not relieve a permittee of the responsibility to complete closure, reclamation, operation and maintenance and monitoring, to maintain financial assurance required under section 490‑RR and to undertake all appropriate measures to protect the environment, natural resources and public health and safety.
4.
Compliance with Maine Administrative Procedure Act.
The department shall comply with the Maine Administrative Procedure Act in its actions under this section.

Legislative History

PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).