In the event of a violation of any provision of the laws administered by the department
or of any order, regulation, license, permit, approval, administrative consent agreement or decision of the board or commissioner or decree of the court, as the case may
be, the Attorney General or the department may institute injunction proceedings to
enjoin any further violation thereof, a civil or criminal action or any appropriate
combination thereof without recourse to any other provision of law administered by
2011, c. 538, §7 (AMD)
The court may order restoration of any area affected by any action or inaction found
to be in violation of any provision of law administered by the department or of any
order, rule, regulation, license, permit, approval or decision of the board or commissioner
or decree of the court, as the case may be, to its condition prior to the violation
or as near thereto as may be possible. Where the court finds that the violation was
wilful, the court shall order restoration under this subsection unless the restoration
A. Result in a threat or hazard to public health or safety; [1983, c. 796, §17 (NEW).]
B. Result in substantial environmental damage; or [1983, c. 796, §17 (NEW).]
C. Result in a substantial injustice. [1983, c. 796, §17 (NEW).]
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §6 (AMD)
If the department finds that the discharge, emission or deposit of any materials
into any waters, air or land of this State constitutes a substantial and immediate
danger to the health, safety or general welfare of any person, persons or property, the department shall forthwith request the Attorney General to initiate immediate
injunction proceedings to prevent such discharge or the commissioner may authorize pursuit of such an action in District Court. The injunction proceedings may be instituted without recourse to the issuance of
an order, as provided for in section 347-B.
2007, c. 292, §14 (AMD)
A person who has resolved that person's liability to the State in an administrative
or judicially approved settlement and is implementing or has fully implemented that
settlement pursuant to its terms is not liable for claims by other potentially liable
persons regarding response actions, response costs or damages, including without limitation
natural resource damages, addressed in the settlement. The settlement does not discharge
any other potentially liable persons unless its terms so provide. The protection
afforded by this subsection includes protection against contribution claims and all
other types of claims under state law that may be asserted against the settling party
for recovery of response costs or damages incurred or paid by another potentially
liable person, if those actions, costs or damages are addressed in the settlement,
but does not include protection against claims based on contractual indemnification
or other express contractual agreements to pay the costs or damages. A potentially
liable person who commences an action against a person who is protected from suits
under this subsection is liable to the person against whom the claim is brought for
all reasonable costs of defending against the claim, including all reasonable attorney's
and expert witness fees. This section is not intended to create a right to contribution
or other cause of action or to make a person liable to pay a portion of another person's
response costs, damages or civil penalties.
1993, c. 732, Pt. A, §1 (NEW)
1977, c. 300, §9 (NEW).
1983, c. 796, §17 (AMD).
1989, c. 890, Pt. A, §40 (AFF).
1989, c. 890, Pt. B, §6 (AMD).
1993, c. 732, Pt. A, §1 (AMD).
2007, c. 292, §§13, 14 (AMD).
2011, c. 538, §7 (AMD).
Data for this page extracted on 10/06/2014 09:08:36.
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interpretation of Maine law to the public. If you need legal
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