CHAPTER 694
H.P. 1472 - L.D. 1965
An Act Regarding Penalties Assessed by the Bureau of Forestry
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8870 is enacted to read:
1. Civil violation. A person who violates a rule adopted pursuant to section 8869, subsection 14 or a condition or term of a permit, variance or decision issued by the director or the commissioner in accordance with rules adopted pursuant to section 8869, subsection 14 commits a civil violation.
2. Penalty. Except as provided in subsection 3, the following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each day of that violation.
B. A person who violates this section after having previously been adjudicated of a violation of this section within the previous 5-year period commits a civil violation for which a fine of not less than $1,000 but not more than $2,000 may be adjudged for each day of that violation.
3. Economic benefit. If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2, the maximum fines may be increased. The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation. The bureau shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements.
4. Effective date. This section takes effect January 2, 2005.
Effective July 30, 2004, unless otherwise indicated.
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