Sec. 1. 38 MRSA §347-A, sub-§8 is enacted to read:

8.__Limitations on enforcement actions.__Notwithstanding Title 14, section 752, any enforcement action for civil or administrative penalties brought by the department or the Attorney General for 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 department must be initiated within 5 years of the date of the violation.

Sec. 2. 38 MRSA §349, sub-§1, as amended by PL 2003, c. 452, Pt. W, §2 and affected by Pt. X, §2, is further amended to read:

1. Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2264-A, commits a Class E crime. Notwithstanding Title 17-A, section 1301, the fine for a violation of this subsection may not be less than $2,500 and not more than $25,000 for each day of the violation, except that the minimum amount for knowing violations is $5,000 for each day of violation.

This subsection does not apply to actions subject to the criminal penalties set forth in section 1319-T.

Sec. 3. 38 MRSA §349, sub-§2, as amended by PL 2003, c. 452, Pt. W, §3 and affected by Pt. X, §2, is further amended to read:

2. Civil penalties. Except as otherwise specifically provided, a person who violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2265-A, is subject to a civil penalty, payable to the State, of not less than $100 and not more than $10,000 for each day of that violation or, if the violation relates to hazardous waste, of not more than $25,000 for each day of the violation. This penalty is recoverable in a civil action.