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PUBLIC LAWS OF MAINE
Second Special Session of the 121st

CHAPTER 694
H.P. 1472 - L.D. 1965

An Act Regarding Penalties Assessed by the Bureau of Forestry

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA §8870 is enacted to read:

§8870. Penalties

     1. Civil violation. A person who violates a rule adopted pursuant to section 8869, subsection 14 or a condition or term of a permit, variance or decision issued by the director or the commissioner in accordance with rules adopted pursuant to section 8869, subsection 14 commits a civil violation.

     2. Penalty. Except as provided in subsection 3, the following penalties apply to violations of this section.

     3. Economic benefit. If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2, the maximum fines may be increased. The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation. The bureau shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements.

     4. Effective date. This section takes effect January 2, 2005.

Effective July 30, 2004, unless otherwise indicated.

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