| | | 7. Representation in court. The commissioner may authorize | | licensed Maine attorneys with active bar status who are employees | | of the department and certified employees of the department to | | serve civil process and represent the department in District | | Court in the prosecution of violations of those laws enforced by | | the department and set forth in Title 4, section 152, subsection | | 6-A. Licensed Maine attorneys do not need to file the | | certification referred to in the Maine Rules of Civil Procedure, | Rule 80K(h). Certification of these | | be provided as under Title 30-A, section 4453. |
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| | | Sec. 4. 38 MRSA §342, sub-§14, as enacted by PL 1991, c. 804, Pt. A, | | §2, is repealed. |
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| | | Sec. 5. 38 MRSA §347-A, sub-§1, ķA, as repealed and replaced by PL | | 1993, c. 204, §1, is amended to read: |
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| | | A. Whenever it appears to the commissioner, after | | investigation, that there is or has been a violation of this | | Title, of rules adopted under this Title or of the terms or | | conditions of a license, permit or order issued by the board | | or the commissioner, the commissioner may initiate an | | enforcement action by taking one or more of the following | | steps: |
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| | | (1) Resolving the violation through an administrative | | consent agreement pursuant to subsection 4, signed by | | the violator and approved by the board and the Attorney | | General; |
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| | | (2) Referring the violation to the Attorney General | | for civil or criminal prosecution; |
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| | | (3) Scheduling and holding an enforcement hearing on | | the alleged violation pursuant to subsection 2; or |
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| | | (4) With the prior approval of the Attorney General, | initiating | | section 342, subsection 7 and the Maine Rules of Civil | | Procedure, Rule 3. |
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| | | Sec. 6. 38 MRSA §349, sub-§9, as repealed and replaced by PL 1997, c. | | 794, Pt. A, §9, is amended to read: |
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| | | 9. Unavoidable malfunctions. The following considerations | | apply to violations resulting from unavoidable malfunctions. |
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| | | A. The commissioner may exempt from civil penalty an air | | emission in excess of license limitations if the emission occurs | | during start-up or shutdown or results exclusively |
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