An Act To Create a Statute of Limitations for Oil Discharge Violations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §347-A, sub-§8, as enacted by PL 2007, c. 337, §1, is amended to read:
8. Limitations on air, wastewater and oil discharge enforcement actions. The following limitations apply to air and , wastewater and oil discharge enforcement actions.
A. If a licensee has reported to the department a violation of chapter 4 or of rules adopted under chapter 4, an enforcement action for civil or administrative penalties brought by the department or the Attorney General for that violation must be initiated within 10 years of the date the licensee reported the violation to the department.
B. If a licensee has reported to the department a violation of chapter 3, subchapter 1, article 2 or of rules adopted under chapter 3, subchapter 1, article 2, an enforcement action for civil or administrative penalties brought by the department or the Attorney General for that violation must be initiated within 10 years of the date the licensee reported the violation to the department.
C. If a licensee has reported to the department a violation of chapter 3, subchapter 2-A or of rules adopted under chapter 3, subchapter 2-A, an enforcement action for civil or administrative penalties brought by the department or the Attorney General for that violation must be initiated within 3 years of the date the licensee reported the violation to the department.
summary
This bill requires an enforcement action for a violation of the oil discharge laws to be brought by the Department of Environmental Protection or the Attorney General within 3 years of the date the violation is reported to the Department of Environmental Protection.