CHAPTER 514

H.P. 1303 - L.D. 1863

An Act To Permit Supplemental Environmental Projects for

Forest Practices Violations

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §8870, sub-§4, as enacted by PL 2003, c. 694, §1, is repealed.

Sec. 2. 12 MRSA §8870, sub-§5 is enacted to read:

5.__Supplemental environmental projects.__In settling a civil enforcement action for any violation of this subchapter or any rule adopted under this subchapter, the parties may agree to a supplemental environmental project that mitigates not more than 80% of the assessed penalty.__"Supplemental environmental project" means an environmentally beneficial project primarily benefiting the public health or the environment that a violator is not otherwise required or likely to perform.

A.__An eligible supplemental environmental project is limited to the following categories:

(1)__Environmental enhancement projects in the same ecosystem or geographic area of the violation that significantly improve an area beyond what is required to remediate any damage caused by the violation that is the subject of the enforcement action;

(2)__Community forestry projects in the same ecosystem or geographic area of the violation that are conducted in accordance with the purposes of section 8705;