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owner and order that the lead-based substances be removed, replaced | | or securely and permanently covered within 30 days of receipt of | | the notice. If the lead-based substances can not be removed, | | replaced or securely and permanently covered within 30 days, the | | department may grant an extension of reasonable time. All lead- | | based paint activities must be performed in accordance with rules | | adopted by the Department of Environmental Protection pursuant to | | Title 38, chapter 12-B. In the case of an owner-occupied, single- | | family residence, the department may provide technical assistance | | and guidance in lieu of enforcement activity at the department's | | discretion; and |
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| | | 4. Sale of dwelling, residential facility, child-occupied | | facility or nursery school. If, before the end of the 30-day | | period or extension, the owner sells the dwelling, premises, | child care facility, premises of the home day family child care | | provider, residential child-occupied facility or nursery school, | | the owner shall notify the prospective buyer of the environmental | | lead hazard and the new owner must assume the responsibility of | | carrying out the requirements of this section within the | | specified time period. |
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| | | Sec. 5. 22 MRSA §1326, as amended by PL 2003, c. 421, §10, is | | further amended to read: |
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| | | §1326. Injunction requiring removal |
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| | | If the lead-based substance remains an environmental lead | | hazard at the expiration of 30 days or at the expiration of an | | extension given by the commissioner pursuant to section 1321, the | | State, in addition to any other remedies it has, may seek a | | mandatory injunction ordering the environmental lead hazard | | removed by a suitable 3rd party at the expense of the owner of | | the dwelling, premises, residential child-occupied facility, | child care facility, premises of the home day family child care | | provider or nursery school. |
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| | | Sec. 6. 22 MRSA §7702-A, sub-§3, as enacted by PL 1999, c. 363, §3, is | | amended to read: |
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| | | 3. Licensure provisions. A person who violates the following | | sections or rules adopted pursuant to those sections is subject | | to the sanctions provided for under the rules of licensure | applicable to the facility, day care center child care facility | or home day family child care provider: |
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| | | A. Section 7801, subsection 1, paragraph A; |
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