Sec. W-1. 38 MRSA §101, as amended by PL 1999, c. 355, §23, is repealed and the following enacted in its place:
§101. Surrender of revoked or suspended license
1. Surrender of revoked or suspended license. A pilot whose license has been revoked or suspended shall surrender the license to the commission, which shall retain it until the period of the pilot's suspension expires. A pilot whose license has been revoked or suspended who refuses to surrender the license on demand commits a civil violation for which a fine of not more than $5,000 for each week after the demand that the pilot refuses to surrender the license may be adjudged.
2. Continuing to pilot after revocation or suspension. A pilot whose license has been revoked or suspended who continues to pilot commits a civil violation for which a fine of not more than $5,000 for each vessel piloted without a license may be adjudged.
3. Publication. The commission may cause to be published in a newspaper of general circulation published in the State a notice that that person has no authority to act as a pilot unless and until reinstated by law.
Sec. W-2. 38 MRSA §349, sub-§1, as amended by PL 1997, c. 794, Pt. A, §7, is further amended to read:
1. Criminal penalties. Any Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates any provisions of the laws a law administered by the department, including, without limitation, a violation of the terms or conditions of any 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 2264-A, is guilty of commits a Class E crime and may be punished accordingly, except, notwithstanding. Notwithstanding Title 17-A, section 1301, subsection 1-A, paragraph C or Title 17-A, section 1301, subsection 3, paragraph E, the fine for such a violation of this subsection may not be less than $2,500 nor 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. W-3. 38 MRSA §349, sub-§2, as amended by PL 1989, c. 282, §3 and c. 820, §10, is further amended to read:
2. Civil penalties. Any Except as otherwise specifically provided, a person who violates any provision of the laws a law administered by the department, including, without limitation, a violation of the terms or conditions of any 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 2265-A, is subject to a civil penalty, payable to the State, of not less than $100 nor 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.
Sec. W-4. 38 MRSA §349, sub-§3, as amended by PL 1989, c. 282, §4 and affected by c. 890, Pt. A, §40 and amended by Pt. B, §7, is repealed and the following enacted in its place:
3. Falsification and tampering. A person may not knowingly:
A. Make a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained by any law administered by the department or by any order, rule, license, permit, approval or decision of the board or commissioner;
B. Tamper with or render inaccurate a monitoring device or method required by any law or by any order, rule, license, permit, approval or decision of the board or commissioner; or
C. Fail to comply with an information submittal required by the commissioner pursuant to section 568, subsection 3 or section 1364, subsection 3.
A person who violates this subsection commits a Class E crime. Notwithstanding Title 17-A, section 1301, a fine for a violation of this subsection may not be more than $10,000.
Sec. W-5. 38 MRSA §418, sub-§1, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §35, is repealed and the following enacted in its place:
1. Prohibitions. A person, firm, corporation or other legal entity may not place logs or pulpwood:
A. Into the inland waters of the State for the purpose of driving the logs or pulpwood to pulp mills, lumber mills or any other destination, except to transport logs or pulpwood from islands to the mainland;
B. On the ice of any inland waters of the State, except to transport logs or pulpwood from islands to the mainland; or
C. Into the inland waters of the State for the purpose of storage or curing the logs or pulpwood, or for other purposes incidental to the processing of forest products, or to transport logs or pulpwood from islands to the mainland, without a permit from the department as described in subsection 2.
Sec. W-6. 38 MRSA §423, as amended by PL 2003, c. 414, Pt. B, §70, is repealed and the following enacted in its place:
§423. Discharge of waste from watercraft
1. Discharge from watercraft prohibited. A person, firm, corporation or other legal entity may not discharge, spill or permit to be discharged sewage, garbage or other pollutants from watercraft:
A. Into inland waters of the State;
B. On the ice of inland waters of the State; or
C. On the banks of inland waters of the State in a manner that the pollutants may fall or be washed into the waters or in a manner in which the drainage from the banks may flow into the waters.
2. Holding tank required. A person, firm, corporation or other legal entity may not operate upon the inland waters of the State a watercraft that has a permanently installed sanitary waste disposal system if it does not have securely affixed to the interior discharge opening of the sanitary waste disposal system a holding tank or suitable container for holding sanitary waste material so as to prevent its discharge or drainage into the inland waters of the State.
3. Watercraft defined. For the purposes of this section, "watercraft" has the same meaning as provided in Title 12, section 13001, subsection 28, except that "watercraft" includes houseboats.
Sec. W-7. 38 MRSA §483-A, as amended by PL 1995, c. 704, Pt. A, §7 and affected by Pt. C, §2, is repealed and the following enacted in its place:
1. Approval required. A person may not construct or cause to be constructed or operate or cause to be operated or, in the case of a subdivision, sell or lease, offer for sale or lease or cause to be sold or leased any development of state or regional significance that may substantially affect the environment without first having obtained approval for this construction, operation, lease or sale from the department.
2. Compliance with order or permit required. A person having an interest in, or undertaking an activity on, a parcel of land affected by an order or permit issued by the department may not act contrary to that order or permit.
Sec. W-8. 38 MRSA §967, as enacted by PL 1979, c. 459, §1, is repealed and the following enacted in its place:
§967. Enforcement, inspection and penalties for violations
1. Effect of standards, rules and orders. Standards, rules and orders issued by the commission pursuant to this chapter have the force and effect of law.
2. Conformance required. A person may not undertake development except in conformance with this chapter and the standards, rules and orders issued by the commission pursuant to this chapter. Real estate or personal property may not exist or be used in violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
3. Ensuring compliance; access. For the purposes of inspection and to ensure compliance with this chapter and standards, rules and orders issued by the commission pursuant to this chapter, commission members, staff, consultant personnel and designated municipal officials may conduct such investigations, examinations, tests and site evaluations determined necessary to verify information presented to the commission and may obtain access to any lands and structures subject to this chapter.
4. Violations. A person who violates a provision of this chapter or of standards, rules and orders issued by the commission pursuant to this chapter commits a civil violation for which a fine of not more than $100 for each day of the violation may be adjudged. In addition, the person's permit, certificate of compliance or variance issued by the commission is subject to revocation.
5. Falsification. A person who intentionally or knowingly falsifies a statement to the commission commits a civil violation for which a fine of not more than $1,000 may be adjudged. In addition, the person's permit, certificate of compliance or variance granted by the commission in reliance on such statement must be revoked.
6. Additional remedies. In addition to enforcing any other penalties provided, either the commission or the Attorney General may institute any appropriate action, injunction or other proceeding to prevent, restrain, correct or abate a violation of this chapter or the standards, rules and orders issued by the commission pursuant to this chapter.
7. Commission's status. Subject to written approval of the Attorney General as provided in Title 5, section 191 and within the limits of the commission's budget, the commission may retain private counsel for the conduct of commission meetings and hearings and advice on other legal matters.
Sec. W-9. 38 MRSA §972 is repealed.
Sec. W-10. 38 MRSA §1316-M, sub-§4, as enacted by PL 1995, c. 579, §5, is amended to read:
4. Transporting without license or manifest; penalties. A person who transports scrap tires without a license or without a manifest as required by department rules commits a Class E crime if that person in fact transports scrap tires without a license or without a manifest as required by department rules. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. The minimum fines for transporting scrap tires without a license or without a manifest are as follows: for a vehicle with a registered gross weight of up to 12,000 pounds, $500; for a vehicle with a registered gross weight of between 12,001 and 34,000 pounds, $2,000; and for a vehicle with a registered gross weight of over 34,000 pounds, $4,500. This minimum fine may not be suspended, but it may be reduced by the amount of the disposal fee paid by the transporter for disposal of the truckload of tires at a licensed waste facility. A person commits a Class D crime if that person, after being cited for a violation of the manifest requirements, transports the tires to an unlicensed, nonexempt waste facility. Notwithstanding Title 17-A, section 1301, the fine for a Class E crime under this subsection may not exceed $10,000 per violation, and the fine for a Class D crime under this subsection may not exceed $25,000 per violation.
A. For a vehicle with a registered gross weight of up to 12,000 pounds, $500;
B. For a vehicle with a registered gross weight of between 12,001 and 34,000 pounds, $2,000; and
C. For a vehicle with a registered gross weight of over 34,000 pounds, $4,500.
This minimum fine may not be suspended, but it may be reduced by the amount of the disposal fee paid by the transporter for disposal of the truckload of tires at a licensed waste facility. Notwithstanding Title 17-A, section 1301, the maximum fine under this subsection is not more than $10,000 per violation.
Sec. W-11. 38 MRSA §1316-M, sub-§5 is enacted to read:
5. Transporting after summons or arrest. A person who, after being issued a summons or arrested for a violation of the license or manifest requirements, transports the scrap tires to an unlicensed, nonexempt waste facility commits a Class D crime. Violation of this subsection is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A. Notwithstanding Title 17-A, section 1301, the maximum fine under this subsection is not more than $25,000 per violation.
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