An Act to Authorize a Stop-work Order Regarding an Activity That Is Creating a Substantial Adverse Impact to a Protected Natural Resource (AFTER DEADLINE)
Maine Legislature, Session 131, LD 2253
Committee: Environment and Natural Resources
Sponsors: BRENNER, FAY, BENNETT, BELL, BRIDGEO, DOUDERA, GRAMLICH, O'NEIL
Amends: 38 MRSA §480-K

Legislative Document
No. 2253
S.P. 971
In Senate, March 5, 2024
An Act to Authorize a Stop-work Order Regarding an Activity That 
Is Creating a Substantial Adverse Impact to a Protected Natural 
Resource
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative FAY of Raymond and
Senator: BENNETT of Oxford, Representatives: BELL of Yarmouth, BRIDGEO of Augusta, 
DOUDERA of Camden, GRAMLICH of Old Orchard Beach, O'NEIL of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-KK is enacted to read:
§480-KK.  Stop-work order
1. Authority. If the commissioner finds that an activity is being performed in a manner 
that violates this Title, rules adopted pursuant to this Title or the terms or conditions of a 
license or permit issued by the department and that the activity is creating a substantial 
adverse impact to a protected natural resource, as determined by the department, the 
commissioner may issue a stop-work order requiring the cessation of the activity in whole 
or in part.
2. Issuance. A stop-work order under this section must be in writing and must identify:
A. The portion of the activity that must immediately cease;
B. The terms or conditions of the license or permit, the statute or the department rule 
that the activity violates;
C. The protected natural resource being substantially adversely impacted by the 
activity;
D. The duration for which the activity must be ceased; and
E. The conditions under which the activity may resume, which must include, at a 
minimum, the corrective actions necessary to restore the protected natural resource or 
remediate or abate the substantial adverse impacts to the protected natural resource 
from the activity and to prevent any further adverse impacts to the protected natural 
resource from the activity.
The commissioner shall deliver the stop-work order to the person responsible for the 
activity or, if delivery cannot be made to that person, to that person's employee, contractor 
or agent, or to the owner of the property on which the violation is occurring. The 
commissioner shall also notify the municipality in which the activity is occurring. Upon 
the issuance of a stop-work order, the activity subject to the stop-work order must 
immediately cease.
3. License or permit; duration of order. If the activity subject to a stop-work order 
under this section is occurring under a license or permit issued by the department, the 
duration of the stop-work order may not exceed 2 weeks from the date of its issuance. If 
the licensee or permittee does not achieve to the commissioner's satisfaction the conditions 
under which the activity may resume, as set forth in the stop-work order, the commissioner 
may reissue the stop-work order for an additional period necessary to achieve those 
conditions, not to exceed 4 weeks.
4. Penalty. A person who violates a stop-work order under this section is subject to a 
civil penalty of up to $5,000 per day, per violation of the stop-work order, in addition to 
any other penalties under section 349.
5. No limitation on department's authority. Nothing in this section limits the 
department's authority to pursue other administrative or enforcement actions relating to the 
activities described in a stop-work order under this section.
SUMMARY
This bill authorizes the Department of Environmental Protection to issue a stop-work 
order whenever the Commissioner of Environmental Protection finds that an activity is 
being performed in a manner that violates state environmental protection laws or rules or 
the terms or conditions of a license or permit issued by the department and that the activity 
is creating a substantial adverse impact to a protected natural resource.