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this chapter or the standards, rules and orders issued by the | | commission pursuant to this chapter. |
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| | | 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. |
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| | | Sec. W-9. 38 MRSA §972 is repealed. |
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| | | Sec. W-10. 38 MRSA §1316-M, sub-§4, as enacted by PL 1995, c. 579, | | §5, is amended to read: |
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| | | 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. |
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| | | A.__For a vehicle with a registered gross weight of up to | | 12,000 pounds, $500; |
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| | | B.__For a vehicle with a registered gross weight of between | | 12,001 and 34,000 pounds, $2,000; and |
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