Sec. 1. 38 MRSA §344, sub-§10 is enacted to read:

10.__Permit-by-rule notification form.__Notwithstanding subsection 7, the permit-by-rule notification form must include the following language and the department may not amend the form by rule.

"I authorize staff of the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, with my prior specific knowledge and permission for each visit, to access the project site to determine compliance with the permit."

Sec. 2. 38 MRSA §347-A, sub-§1, ķA, as repealed and replaced by PL 1993, c. 204, §1, is amended to read:

A. Whenever it appears to the commissioner, after investigation, that there is or has been 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 board or the commissioner, the commissioner may initiate an enforcement action by taking one or more of the following steps:

(1) Resolving the violation through an administrative consent agreement pursuant to subsection 4, signed by the violator and approved by the board and the Attorney General.__The consent agreement may not require the alleged violator to waive rights to further hearings or procedures before the board, nor may it contain a requirement to abide by conditions not specifically stated in the agreement;

(2) Referring the violation to the Attorney General for civil or criminal prosecution;

(3) Scheduling and holding an enforcement hearing on the alleged violation pursuant to subsection 2; or

(4) With the prior approval of the Attorney General, initiating a civil action pursuant to section 342, subsection 7.

Sec. 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 person who violates any provision of the laws administered by the department, including, without