An Act To Create a 5-year Statute of Limitations for Environmental Violations
Maine Legislature, Session 122, LD 0682
Committee: Natural Resources
Sponsors: SNOWE-MELLO, GLYNN, DAVIS, DOW, SAVAGE, BOWLES, CEBRA, JOY, ROBINSON, SHIELDS
Amends: 38 MRSA §347-A, 38 MRSA §349

Legislative Document 
No. 682 
S.P.218 
In Senate, February 8, 2005 
An Act To Create a 5-year Statute of Limitations for Environmental 
Violations 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator SNOWE-MELLO of Androscoggin. 
Cosponsored by Representative GLYNN of South Portland and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAVIS of Piscataquis, DOW of Lincoln, SAVAGE of Knox, Representatives: 
BOWLES of Sanford, CEBRA of Naples, JOY of Crystal, ROBINSON of Raymond, 
SHIELDS of Auburn. 
Printed on r-ecycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §347-A, sub-§8 is enacted to read: 
8. 
Limitations 
on 
enforcement actions. 
Notwithstanding 
Title 14, 
section 752, 
any enforcement action for civil or 
administrative 
penalties 
brought 
by 
the 
department 
or 
the 
Attorney General for a violation of this Title, of rules adopted 
under this Title or of the terms or conditions of a license, 
permit or order issued by the department must be initiated within 
years of the date of the violation. 
Sec. 2. 38 MRSA §349, sub-§I, as amended by PL 2003, c. 452, 
Pt. W, §2 and affected by Pt. X, §2, is further amended to read: 
1. 
Crimina1 pena1ties. 
Except as 
otherwise specifically 
provided, 
a person who intentionally, knowingly, 
recklessly or 
with criminal negligence 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 
CI 
commercial purpose, 
in violation of Title 17, section 2264-A, 
commits 
a Class E crime. 
Notwithstanding Title 17-A, 
section 
1301, the fine for a violation of this subsection may not be less 
than $2,500 
and not more 
than $25,000 
for 
each 
aay--e~--~He 
violation, except that the minimum amount for knowing violations 
is $5,000 for each aay-e~ violation. 
This subsection does not apply to actions subject to the criminal 
penalties set forth in section l3l9-T. 
Sec. 3. 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. 
Civi1 
pena1ties. 
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, 
lS 
subject to a civil penalty, payable to the State, of not less 
than 
$100 
and 
not more 
than 
$10,000 
for 
each 
aay--e~--~Ha~ 
violation or, if the violation relates to hazardous waste, of not 
more than $25,000 for each aay-ef-~He violation. 
This penalty is 
recoverable in a civil action. 
Page l-LR0749(1) 
Sec. 4. 38 MRSA §349, sub-§6, as amended by PL 1997, c. 794, 
Pt. A, §8, is further amended to read: 
6. 
Maximum penalties. 
The maximum civil penalty may exceed 
$10,000 
for 
each 
aay--ef--~ba~ violation, 
but may 
not exceed 
$25,000 for each aay-ef-~Re violation, when it can be shown that 
there has been a previous violation of the same law by the same 
party wi thin the 
preceding years, 
and the maximum criminal 
penalty may exceed $25,000 for each aay-ef violation, but may not 
exceed twice the amounts in subsection 1, when it can be shown 
that there has been a previous violation of the same law by the 
same party. 
Sec. 5. 38 MRSA §349, sub-§8, as enac ted by PL 1989, c. 282, 
§s, is amended to read: 
8. 
Economic benefit. 
If the economic benefit resulting 
from 
the 
violation 
exceeds 
the 
applicable 
penal ties 
under 
subsection 2, the maximum civil penal ties may be increased for 
each aay--o-f--tRe violation. 
The maximum civil penalty may not 
exceed an amount equal to twice the economic benefit resulting 
from 
the 
violation. 
The 
court 
shall 
consider 
as 
economic 
benefi t, without limitation, the costs avoided or enhanced value 
accrued 
at 
the 
time 
of 
the 
violation 
by 
the 
violator 
not 
complying with the applicable legal requirements. 
SUMMARY 
This bill requires enforcement actions for violations of 
environmental 
laws 
to 
be 
brought 
by 
the 
Department 
of 
Environmental Protection or the Attorney General within 5 years 
of the date of the violation. 
This bill also deletes provisions 
in the law that allow a penalty to be imposed for each day of a 
violation.