Sec. 1. 12 MRSA §9325, sub-§1, ¶E, as amended by PL 2001, c. 626, §6, is further amended to read:

E. Out-of-door burning of wood wastes as defined in section 9324, subsection 7-A and painted and unpainted wood from construction and demolition debris in the open or in an incinerator with a primary chamber volume no greater than 133 cubic feet or 1,000 gallons that is not licensed by the Department of Environmental Protection;

Sec. 2. 38 MRSA §341-G, first ¶, as amended by PL 1997, c. 364, §18, is further amended to read:

There is established the Board of Environmental Protection Fund to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any other provision of law, the funds identified in subsection 1 shall transfer annually to the Board of Environmental Protection Fund in an amount not to exceed $250,000 $325,000. Money in the Board of Environmental Protection Fund may only be expended in accordance with allocations approved by the Legislature.

Sec. 3. 38 MRSA §342, sub-§7, as amended by PL 1999, c. 127, Pt. A, §53, is further amended to read:

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 nonattorney employees must be provided as under Title 30-A, section 4453.

Sec. 4. 38 MRSA §342, sub-§14, as enacted by PL 1991, c. 804, Pt. A, §2, is repealed.

Sec. 5. 38 MRSA §347-A, sub-§1, ¶A, as repealed and replaced by PL 1993, c. 204, §1, is amended to read:

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