A. A person who violates section 795 is subject to a civil penalty of not more than $25,000.   [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

B. A person who violates section 796 is subject to a civil penalty of not more than $1,000.   [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

C. A person who violates section 797 is subject to a civil penalty of not more than $1,000.   [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

D. A person who violates section 798, subsection 1 or 2 is subject to a civil penalty of not more than $25,000.   [PL 2003, c. 452, Pt. V, §1 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

A. A person who intentionally, knowingly or recklessly fails to comply with the reporting requirements of section 798, subsection 1 commits a Class C crime and, notwithstanding Title 17‑A, section 1704, subsection 3 and section 1705, subsection 4, is subject to a fine of not more than $25,000.   [PL 2019, c. 113, Pt. C, §113 (AMD).]

B. A person who violates paragraph A when the person has a prior conviction for violation of paragraph A commits a Class C crime and, notwithstanding Title 17‑A, section 1704, subsection 3 and section 1705, subsection 4, is subject to a fine of not more than $50,000. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.   [PL 2019, c. 113, Pt. C, §113 (AMD).]

A. Any person may commence a civil action on that person's own behalf against the owner or operator of a facility for failure to do any of the following:  

B. No action may be brought against the owner or operator of a facility if the Federal Government or the State has commenced and is diligently pursuing an administrative order, civil action or criminal action to enforce the requirement concerned or to impose a civil penalty for an alleged violation of the requirement, either under this subsection or under comparable federal law or rule.   [PL 1989, c. 464, §3 (NEW).]

C. No action may be commenced under this subsection unless the plaintiff has given at least 60 days prior notice to the commission, the Attorney General and the owner or operator of the facility alleged to be in violation that the plaintiff will commence the action.   [PL 1989, c. 464, §3 (NEW).]

D. Action brought against an owner or operator under this section shall be brought in Superior Court for the county in which the alleged violation occurred.   [PL 1989, c. 464, §3 (NEW).]

E. Nothing in this subsection may restrict or expand any right which any person or class of persons may have under any federal or state law or common law to seek enforcement of any requirement or to seek any other relief.   [PL 1989, c. 464, §3 (NEW).]

F. In any action under this subsection, the Federal Government or the State, or both, may intervene as a matter of right.   [PL 1989, c. 464, §3 (NEW).]

G. In any action under this subsection, any person may intervene as a matter of right when that person has a direct interest which is or may be adversely affected by the action and the disposition of the action may, as a practical matter, impair or impede the person's ability to protect that interest unless the court determines that the person's interest is adequately represented by existing parties in the action.   [PL 1989, c. 464, §3 (NEW).]