Maine Revised Statutes Title 38 Sec. 967 – Enforcement, inspection and penalties for violations
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1. Effect of standards, rules and orders. Standards, rules and orders issued by the commission pursuant to this chapter have the force and effect of law.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
Terms Used In Maine Revised Statutes Title 38 Sec. 967
- Development: means the carrying out of any significant earthmoving, grading, dredging, filling, building, construction or mining operation; the deposit of refuse or solid or liquid wastes on a parcel of land other than agricultural utilization of animal wastes; the making of any material change in noise levels, thermal conditions or emissions of waste material; the commencement or change in the location of advertising; or the alteration of a shore, bank or floodplain of an estuary, river or pond. See Maine Revised Statutes Title 38 Sec. 952
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
- Personal property: All property that is not real property.
- Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
2. Conformance required. A person may not undertake development except in conformance with this chapter and the standards, rules and orders issued by the commission pursuant to this chapter. Real estate or personal property may not exist or be used in violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
3. Ensuring compliance; access. For the purposes of inspection and to ensure compliance with this chapter and standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations determined necessary to verify information presented to the commission and may obtain access to any lands and structures subject to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Violations. A person who violates a provision of this chapter or of standards, rules and orders issued by the commission pursuant to this chapter commits a civil violation for which a fine of not more than $100 for each day of the violation may be adjudged. In addition, the person’s permit, certificate of compliance or variance issued by the commission is subject to revocation.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
5. Falsification. A person who intentionally or knowingly falsifies a statement to the commission commits a civil violation for which a fine of not more than $1,000 may be adjudged. In addition, the person’s permit, certificate of compliance or variance granted by the commission in reliance on such statement must be revoked.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
6. Additional remedies. In addition to enforcing any other penalties provided, either the commission or the Attorney General may institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate a violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
7. Commission’s status. Subject to written approval of the Attorney General as provided in Title 5, section 191 and within the limits of the commission’s budget, the commission may retain private counsel for the conduct of commission meetings and hearings and advice on other legal matters.
[PL 2003, c. 452, Pt. W, §8 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
SECTION HISTORY
PL 1979, c. 459, §1 (NEW). PL 2003, c. 452, §W8 (RPR). PL 2003, c. 452, §X2 (AFF).