H.P. 1303 - L.D. 1863
An Act To Permit Supplemental Environmental Projects for Forest Practices Violations
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8870, sub-§4, as enacted by PL 2003, c. 694, §1, is repealed.
Sec. 2. 12 MRSA §8870, sub-§5 is enacted to read:
5. Supplemental environmental projects. In settling a civil enforcement action for any violation of this subchapter or any rule adopted under this subchapter, the parties may agree to a supplemental environmental project that mitigates not more than 80% of the assessed penalty. "Supplemental environmental project" means an environmentally beneficial project primarily benefiting the public health or the environment that a violator is not otherwise required or likely to perform.
A. An eligible supplemental environmental project is limited to the following categories:
(1) Environmental enhancement projects in the same ecosystem or geographic area of the violation that significantly improve an area beyond what is required to remediate any damage caused by the violation that is the subject of the enforcement action;
(2) Community forestry projects in the same ecosystem or geographic area of the violation that are conducted in accordance with the purposes of section 8705;
(3) Environmental awareness projects substantially related to the violation that provide training, publications or technical support to members of the public and that are regulated by the Department of Conservation; or
(4) Scientific research and data collection projects that advance the scientific basis on which regulatory decisions are made.
B. A supplemental environmental project may not be used in the following situations:
(1) Repeat violations of the same or a substantially similar law administered by the Department of Conservation by the same person;
(2) When a project is required by law;
(3) If the violator had previously planned and budgeted for the project;
(4) To offset any calculable economic benefit of noncompliance;
(5) If the violation is the result of reckless or intentional conduct; or
(6) If the project primarily benefits the violator.
Any settlement that includes a supplemental environmental project must provide that expenditures are not tax deductible.
Effective August 23, 2006.
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