Sec. 1. 38 MRSA §349, sub-§2, as amended by PL 2003, c. 452, Pt. W, §3 and affected by Pt. X, §2, is further amended to read:

2. Civil penalties. Except as otherwise specifically provided, a person who violates a law administered by the department, including, without limitation, a violation of the terms or conditions of 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 2265-A, is subject to a civil penalty, payable to the State, of not less than $100 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.

SUMMARY

Under current law, a person who violates a law administered by the Department of Environmental Protection is subject to a civil penalty of not less than $100 for each day of that violation. This bill removes the minimum penalty of $100 per day.