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limitation, a violation of the terms or conditions of any order, | | rule, license, permit, approval or decision of the board or | | commissioner that involves ongoing damage to the environment, or | | who disposes of more than 500 pounds or more than 100 cubic feet of | litter for a commercial purpose, | 2264, | | less than $100 nor 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. |
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| | | Sec. 4. 38 MRSA §361-A, sub-§4-A, as enacted by PL 1973, c. 450, §3, | | is amended to read: |
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| | | 4-A. Pollutant. "Pollutant" means dredged spoil, solid | | waste, junk, incinerator residue, sewage, refuse, effluent, | | garbage, sewage sludge, munitions, chemicals, biological or | | radiological materials, oil, petroleum products or by-products, | heat, wrecked or discarded equipment, rock, sand, dirt | | industrial, municipal, domestic, commercial or agricultural | | wastes of any kind. |
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| | | Sec. 5. 38 MRSA §480-B, sub-§9, as amended by PL 1995, c. 460, §2 and | | affected by §12, is repealed and the following enacted in its | | place: |
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| | | 9.__River, stream or brook.__"River, stream or brook" means a | | channel between defined banks that is created by the action of | | surface water and depicted as a solid or broken blue line on the | | most recent edition of the U.S. Geological Survey 7.5-minute | | series topographic map or, if that is not available, a 15-minute | | series topographic map.__"River, stream or brook" does not mean a | | grassy swale or a ditch or other drainage way constructed and | | maintained solely for the purpose of draining storm water. |
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| | | This bill amends the permit-by-rule notification form by | | adding language that the department may not enter upon the | | applicant's land without prior knowledge or consent for each | | visit. The bill stipulates that any administrative consent | | agreement may not require a violator to waive any rights to | | hearings or proceedings before the board or contain any | | requirement to abide by conditions that were not agreed upon. | | The bill also amends the definitions of pollutant and river, | | stream or brook. |
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