The Attorney General is authorized to commence a civil action against any manufacturer to recover the costs described in this subsection, which are in addition to any fines and penalties established pursuant to section 349.__Any money received by the State pursuant to this subsection must be deposited in the Maine Solid Waste Management Fund established in section 2201.

Sec. 41. Resolve 2003, c. 130, §1 is amended to read:

*Sec. 1. Adoption. Resolved: That final adoption of Chapter 355: Sand Dune Rules, a provisionally adopted major substantive rule of the Department of Environmental Protection that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A,

is authorized only if Chapter 355 is amended in that section relating to new construction in frontal dunes and designated as section 6, paragraph B, subparagraph (1) (3) to provide that elevators, in addition to ramps, that are required for compliance with the requirements of the federal Americans with Disabilities Act are exempt from the requirement that a new structure or addition to an existing structure may not be constructed on or seaward of a frontal dune. The rule must also be amended to provide that elevators or ramps serving buildings required to comply with the federal Americans with Disabilities Act must be designed and constructed so as to minimize intrusion on the frontal dune, including locating the structures to the rear of buildings or within areas of a lot already developed, such as a parking area. The Department of Environmental Protection is not required to hold hearings or conduct other formal proceedings prior to finally adopting this rule in accordance with this resolve; and be it further

Sec. 42. Rules regarding water use standards. Rules adopted by the Department of Environmental Protection pursuant to the Maine Revised Statutes, Title 38, section 470-H must be provisionally adopted by January 1, 2006 and submitted for consideration to the Joint Standing Committee on Natural Resources in the Second Regular Session of the 122nd Legislature. This section is repealed 90 days after adjournment of the Second Regular Session of the 122nd Legislature.