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constructing or maintaining manholes or catch basins or their | | appurtenances or for any other purpose, the work must be done | | expeditiously. Upon completion of the work, the district shall | | restore the way or land to the condition it was in prior to the | | work or to a condition equally as good. Whenever the character of | | the work is such that it endangers travel on a public way, the | | municipal officers of the Town of Kennebunk may order a temporary | | closing of the way and of any intersecting way upon request of the | | district. The way must remain closed to public travel until the | | municipal officers determine it restored to a condition safe for | | traffic. |
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| | | Sec. 13. Enforcement of laws and rules. The district manager, engineer | | or other official designated by district rule with the authority | | to enforce the provisions of this Act or the rules adopted under | | this Act may: |
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| | | 1. With the consent of the owner, occupant or agent or | | pursuant to an administrative inspection warrant issued by a | | District Court Judge as provided in the Maine Rules of Civil | | Procedure, Rule 80E, enter at reasonable hours any property or | | building to inspect the property or building for compliance with | | the district's rules. A district official's entry onto property | | under this paragraph is not a trespass; |
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| | | 2. Issue a summons to any person who violates this Act or any | | district rule; and |
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| | | 3. Represent the district in District Court in the | | prosecution of alleged violations of this Act or any district | | rule. |
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| | | A person, including without limitation a landowner, the | | landowner's agent or a contractor, who violates a provision of | | this Act or a district rule or injures the district's property by | | discharging or otherwise permitting an offensive or injurious | | material or matter to enter the district's system is liable for a | | minimum civil penalty of $100 and a maximum civil penalty of | | $2,500 per day for each violation; damages to compensate the | | district for injury to its property; the expenses, including a | | reasonable amount for administration and overhead, the district | | incurs to abate the violation; a temporary restraining order, to | | enjoin, correct or abate the violation; and an award of | | reasonable attorney's fees, expert fees, interest and costs. |
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| | | All proceedings arising under this Act or the district's rules | | are brought in the name of the district in the District Court. | | All fines, damages and awards of expenses for the cost to abate a | | violation, awards of attorney's fees, expert fees, costs and | | interest must be paid to and are the property of the district. |
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