An Act to Authorize a Stop-work Order Regarding an Activity That Is Creating a Substantial Adverse Impact to a Protected Natural Resource
Maine Legislature, Session 131, LD 2253
Committee Amendment CA_A_S640 (Senate)
Amends: 12 MRSA §685-C, 38 MRSA §347-A

COMMITTEE AMENDMENT "ft- " to S.P, 971, L.D. 2253, "An Act to Authorize a
Stop-work Order Regarding an Activity That Is Creating a Substantial Adverse Impact to
a Protected Natural Resource"
Amend the bill by striking out the title and substituting the followmg:
'An Act to Authorize a Stop-work Order Regarding an Activity That Is Creating an
Immediate and Substantial Adverse Impact to a Protected Natural Resource'
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'See. 1. 12 MRSA §685-C, sub-§8-A is enacted to read:
8-A. Stop-work order. In accordance with the commission's delegated authority
under Title 38. sections 480-E-l and 480-R and notwithstandine any provision of law to
the contrary, if the director of the commission finds that an activity located wholly within
the jurisdiction of the commission is beingjierfonned in a manner that violates a law
administered by_thecommission, a rule adopted by the commission or a term or condition
of a permit or order issued by the commission and that the activity is creating an immediate
and substantial adverse impact to a protected natural resource, as determined by the
director, the director may issue a stop-work order pursuant to this subsection requiring the
cessation of the activity in whole or in part. As used jn this subsection. "protected natural
resource" has the same meaning as in Title 38, section 480-B, subsection 8,
A, A stop-work order under this subsection must be in writing and must identify:
d) The portion of the activity that must immediately cease;
f2) The law, rule or term or condition of the permit or order that the activity
violates:
C3) The protected nahiral resource that is beine substantially adversely impacted
by the activity;
f4) The duration for which the activity must be ceased;
COMMITTEE AMENDMENT
ROS
COMMITTEE AMENDMENT "/L"toS.P.971,L.D.2253l
f5') The conditions under which the activity may resume. which must include, at a
minimum, identification of 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 activitv and to prevent any further adverse
impacts to the protected natural resource from the activity. Prior to the resumption
of the activity subject to the stop-work order, the commission shall conduct a site
inspection to assess compliance with the conditions and requirements of the ordei-;
and
f6) The process by which the person to whom the order is directed may resBond
to the order. or request that the director rescind or modify the order. while the order
is in effect.
B. The director shall deliver a stop-work order under this subsection to the person
responsible for the activity or, if deliver/ cannot be made to that person, to that person's
employee, contractor or agent or to the owner of the property on which the activity is
occurring. The director shall also notify the town, plantation or, in the case of a
township, the county commissioners of the county in which the activity is occurring
regarding the issuance of the stop-work order.
(1) Upon delivery of the stop-work order, the person to whom the order is directed
shall comply with the order and immediately cease the activity subj ect to the order.
f2) Upon the written request of the person to whom the stop-work order is directed,
the director may rescind or modify the order while the order is in effect.
f3) The issuance of a stoo-work order or the modification of an order by the
director may be appealed by the person to whom the order is directed to the
Superior Court pursuant to the Maine Administrative Procedure Act. If the
issuance or modification of the stop-work order is appealed to the Superior Court
by the person to whom the order is directed, the order remains in effect and
enforceable during the pendencY of the appeal, except as otherwise provided in the
8 order pr by the director or as ordered by the Superior Court,
C, If the activity subject to a stop-work order under this subsection is occumne under
a permit or orderissyed by the commission, the duration of the stop-work order may
not exceed 2 weeks from the date of issuance of the stop-work_order. If the person to
2 whom the stop-work order is directed does not satisfy the conditions set forth in the
stop-work order for the resumption of the activjty,_as determined bv the director, the
director may extend the stop-work order for an additional time period. not to exceed 4
weeksjiecessary to satisfy those conditions.
. D, A person who violates a stop-work order issued under this subsection is subject to
a civil penalty ofynto $5,000 per day. per violation of the order. payable to the State
8 and recoverable in a civil action, in addition to any other penalties that may be imposed
by the commission by law.
E. Nothing in _this__subsection limits the commission's authority to pursue other
administrative or enforcement actions relating tQ_the activities described in a stop-work
order issued under this subsection.
Sec. 2. 38 MRSA §347-A, sub-§3-A is enacted to read:
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^ " to S.P.971, L.D, 2253
3-A. Stop-work order. Notwithstanding any provision of law to the contrary, if the
^ 2 commissioner finds that an activity is_being |3erfQnned in a manner that violates this Title.
i~"sj 3 a rule adopted pursuant to this Title or a term or condition of a license, permit or order
issued by the board or the department and that the activity is creating an immediate and
substantial adverse impact to a protected natural resource, as determined by the department.
the commissioner may issue a stop-work order pursuant to this subsectLon requiring the
cessation of the activity in whole or in part. As used in this subsection, "protected natural
resource has the same meaningLas m section48Q-B, subsection_8,
A. A stop-work order under this subsection must be in writing and must identify:
(1) The portion of the activity that must immediately cease;
f2) The law, rule or term or condition of the license, permit or order that the activity
yiolates;
(3) The protected natural resource that is being substantially adversely impacted
by the activity;
(4) The duration for which the activity must be ceased;
C5) The conditions under which the activity may resume, which must include, at a
minimum, identification of 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. Prior to the resumption
of the activity subject to the stop-work order, the department shall conduct a site
inspection to assess compliance with the conditions and requirements of the order;
and
(6) The process bv which the person to whom the order is directed may respond
to the order, or request that the commissioneri'escmd or modify the order, while
the order is in effect,
B. The commissioner shall deliver a stop-work order under this subsection 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
0 activity is occurring, The commissioner shall also notify the municipality in which the
activity is occurring regarding the issuance of the stop-work order.
fl) Upon deliver/ of the stop-work order, the person to whom the order is directed
3 shall comply with the order and immediately cease the activity subi ect to the order,
(2) Upon the written request of the person to whom the stop-work order is directed.
the commissioner may rescind or modify the order while the order is in effect,
f3) The issuance of a stop-work order or the modification of an order by the
commissioner may be appealed by the person to whom the order is directed Jo_the
Superior Court pursuant to the Maine Administrative Procedure Act. If the
issuance or modification of the stop-work order is appealed to the Superior Court
by the person to whom the order is directed. the order remains in effect and
enforceable during the pendency of the appeal, except as otherwise provided in the
order or by the commissioner or as ordered by the Superior Court.
COMMITTEE AMENDMENT
ROS COMMITTEE AMENDMENT " 4 " to S.P. 971, L.D. 2253 ( <>' te^t>
C. If the activity subject to a stop-work order under this subsection is occurring under
a license, permit or order issued by the board or the department, the duration of the
stop-work order may not exceed 2 weeks from the date of jssuance_of the stop-work
order, If the licensee, permittee or person subject to the order does not satisfy the
conditions set forth in the stop-work order fo^the resumRtion of the activity, as
determined by the commissioner. the commissioner maY_extend the_stop-work order
for an _additiQnal time period, not to exceed 4 weeks, necessary to satisfy those
conditions.
D. A person who violates a stop-work order issued under this subsection is subject to
a civil penalty of up to $5,000 per day, per violation of the order, payable to the State
and recoverable in a civil action, in addition to any other penalties that may be imposed
under section 349.
E._ Nothing in this subsection limits the department's authority to pursue other
administrative or enforcement actions relating to the activities described in a stop-work
order issued under this subsection.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment replaces the bill. It 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, pennit or
order issued by the Board of Environmental Protection or the department and that the
activity is creating an immediate and substantial adverse impact to a protected natural
resource, The amendment provides similar enforcement authority to the Maine Land Use
Planning Commission with respect to activities under its jurisdiction that are creating an
immediate and substantial adverse impact to a protected natural resource.
FISCAL NOTE REQUIRED
(See attached)
Page4-131LR3113(02)
COMMITTEE AMENDMENT
-3,J
Approved: 03/28/24 ^%-?<^
LD 2253 LR 3113(02)
An Act to Authorize a Stop-work Order Regarding an Activity That Is Creating a Substantial Adverse
Impact to a Protected Natural Resource
Fiscal Note for Bill as Amended by Committee Amendment "jy (^ (sLfC)\
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
correctional and Judicial Impact Statements
This bill may increase the number of civil suits filed in the court system, The additional workload associated with the
minimal number of new cases does not require additional funding at this time.
The collection of additional fines and filing fees will increase General Fund or other dedicated revenue by minor
amounts,
Fiscal Detail and Notes
Any additional costs to the Department of Environmental Protection to implement the provisions of this bill are
expected to be minor and can be absorbed within existing budgeted resources,
LR3113(02) - Fiscal Note - Page 1 of 1