‘An Act To Create a 6-year Statute of Limitations for Environmental Violations’
| SP0087 LD 281 |
First Regular Session - 125th Maine Legislature C "A", Filing Number S-239, Sponsored by
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LR 654 Item 2 |
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| Bill Tracking, Additional Documents | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Create a 6-year Statute of Limitations for Environmental Violations’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 38 MRSA §347-A, sub-§8, as enacted by PL 2007, c. 337, §1, is repealed.
Sec. 2. 38 MRSA §347-A, sub-§9 is enacted to read:
(1) The discovery by the commissioner or the Attorney General of an act or omission giving rise to a violation;
(2) The identification by the commissioner or the Attorney General of the person responsible for the violation; and
(3) The last day of an ongoing violation.
(1) The commissioner proposes an administrative consent agreement in writing to the violator pursuant to subsection 4;
(2) The commissioner schedules an enforcement hearing on the alleged violation pursuant to subsection 2;
(3) The commissioner, with the prior approval of the Attorney General, files a complaint in District Court pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3; and
(4) The Attorney General files a complaint in District Court or Superior Court.
summary
This amendment is the minority report of the Joint Standing Committee on Judiciary. This amendment replaces the bill, which proposes a 5-year statute of limitations for environmental violations.
This amendment establishes a 6-year statute of limitations for actions for civil penalties for violations of laws administered by the Department of Environmental Protection. An action must be commenced within 6 years of when the Commissioner of Environmental Protection or the Attorney General discovers the act or omission giving rise to the violation or identifies the party responsible for the violation, or of the last day of a continuing violation, whichever occurs latest.
This amendment specifies that an enforcement action is commenced when any of the following occurs:
1. The commissioner proposes an administrative consent agreement in writing to the violator;
2. The commissioner schedules an enforcement hearing on the alleged violation;
3. The commissioner, with the prior approval of the Attorney General, files a complaint in District Court; and
4. The Attorney General files a complaint in District Court or Superior Court.
The amendment includes language to ensure that the effect of commencing an action is to toll the statute of limitations.