Sec. 26. 38 MRSA §1316-A, 3rd and 4th ¶¶, as enacted by PL 1995, c. 579, §2, are amended to read:

Service of a copy of the commissioner's findings and an administrative order must be made by hand delivery by an authorized representative of the department or by certified mail, return receipt requested in accordance with the Maine Rules of Civil Procedure.

The person to whom the administrative order is directed shall comply immediately. That person may apply to the board for a hearing within 5 10 working days after receipt of the administrative order. The hearing must be held by the board at the next regularly scheduled meeting following receipt of the application, but in no event later than 30 days after receipt of the application. Within 15 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. The nature of the hearing before the board is an appeal. At the hearing, all witnesses shall must be sworn, and the department shall first establish the basis for the administrative order and for naming the person to whom the administrative order was directed. Within 7 days after the hearing, the board shall make findings of fact and shall continue, revoke or modify the administrative order. The burden of going forward then shifts to the person appealing to demonstrate, based upon a preponderance of the evidence, that the order should be modified or rescinded. The decision of the board may be appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter VII 7.

Sec. 27. 38 MRSA §1317-A, as amended by PL 1991, c. 499, §22, is further amended to read:

§1317-A. Discharge prohibited

The discharge of hazardous matter into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air is prohibited unless licensed or authorized under state or federal law. For purposes of this section, the discharge of gaseous hazardous matter into the ambient air includes discharges within buildings or structures from sources that are not encapsulated within