Sec. V-1. 37-B MRSA §806, sub-§2, as enacted by PL 1989, c. 464, §3, is repealed and the following enacted in its place:
2. Civil penalties. The following penalties apply to the following violations.
A. A person who violates section 795 is subject to a civil penalty of not more than $25,000.
B. A person who violates section 796 is subject to a civil penalty of not more than $1,000.
C. A person who violates section 797 is subject to a civil penalty of not more than $1,000.
D. A person who violates section 798, subsection 1 or 2 is subject to a civil penalty of not more than $25,000.
Civil penalties under this subsection are payable to the Emergency Response Commission Fund. These penalties are recoverable in a civil action. Minimum penalties under this subsection are $100 per day. Each day of violation constitutes a separate violation.
Sec. V-2. 37-B MRSA §806, sub-§3, as enacted by PL 1989, c. 464, §3, is repealed and the following enacted in its place:
3. Criminal penalties. The following penalties apply to the following violations.
A. A person who intentionally, knowingly or recklessly fails to comply with the reporting requirements of section 798, subsection 1 commits a Class C crime and, notwithstanding Title 17-A, section 1301, is subject to a fine of not more than $25,000.
B. A person who violates paragraph A when the person has a prior conviction for violation of paragraph A commits a Class C crime and, notwithstanding Title 17-A, section 1301, is subject to a fine of not more than $50,000. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
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