(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 and are ineligible for certification as tax- exempt pollution control facilities pursuant to Title 36, chapters 105 and 211.

SUMMARY

This bill replicates existing law relating to the Department of Environmental Protection within the Title of the Maine Revised Statutes relating to the Department of Conservation, Bureau of Forestry. It would allow the Bureau of Forestry to incorporate a supplemental environmental project into the settlement of a civil enforcement action for any violation of any of the provisions of the forest practices laws administered by the bureau. "Supplemental environmental project" under the bill means an environmentally beneficial project primarily benefiting the public health or the environment that a violator is not otherwise required or likely to perform.