reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 343-F (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §343-F. Reporting and disclosure requirements

 §343-F. Reporting and disclosure requirements An environmental professional who obtains analytical information indicating a discharge or release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products at a site, at levels that, in that professional's best professional judgment, require removal or remedial action to prevent significant threats to public health or the environment shall advise that professional's client of that information.   [PL 1993, c. 355, §5 (NEW).]If the client of the environmental professional is not the owner or operator of the site, the client shall disclose the analytical information to the owner or operator of the site. Upon receipt of that information, the owner or operator shall submit this information to the commissioner within a reasonable time period unless the time period is otherwise prescribed by law. This section does not affect the legal protections afforded to confidential business information or other privileges, if any, that may be applicable. If the client makes a disclosure and the owner or operator does not submit this information to the commissioner, the client and the environmental professional may not be held liable for the owner's or the operator's failure to disclose.   [PL 1993, c. 355, §5 (NEW).]An applicant or permit holder who directly or indirectly retains an environmental professional for the purpose of providing information to the department shall disclose to the department if the environmental professional has a direct or indirect financial interest in the applicant, the permit holder or the property or activity that is the subject of the permit.   [PL 2007, c. 399, §8 (NEW).]SECTION HISTORY PL 1993, c. 355, §5 (NEW). PL 2007, c. 399, §8 (AMD).
38 ME Rev Stat § 343-G (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §343-G. Environmental management systems (REPEALED)

 §343-G. Environmental management systems (REPEALED)SECTION HISTORY PL 1999, c. 562, §1 (NEW). MRSA T. 38 §343-G, sub-§4 (RP).
38 ME Rev Stat § 343-I (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program

 §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program The Smart Tracks for Exceptional Performers and Upward Performers Program, known as "the STEP-UP Program" and referred to in this section as "the program," is established within the department and administered by the commissioner. In cooperation with program participants, the department shall establish guidelines for the program. The department shall create a contractual relationship between the commissioner and state organizations and businesses to achieve sustainability objectives, including energy and natural resources conservation. For the purposes of the program, "sustainability" means meeting the needs of the present without compromising the ability of future generations to meet their needs. The program must include a variety of sustainability tracks and goals and must be publicized at local and state levels. Beginning January 2006 and biennially thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the status of the program, progress toward meeting goals and recommended changes to improve the program.   [PL 2005, c. 90, §1 (NEW).]SECTION HISTORY PL 2005, c. 90, §1 (NEW).
38 ME Rev Stat § 345 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §345. Hearings (REPEALED)

 §345. Hearings (REPEALED)SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§755-757 (AMD). PL 1981, c. 524, §16 (AMD). PL 1983, c. 566, §5 (RP).
38 ME Rev Stat § 345-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §345-A. Hearings

 §345-A. Hearings 1.  Hearings.   [PL 1989, c. 890, Pt. A, §28 (RP); PL 1989, c. 890, Pt. A, §40 (AFF).] 1-A.  Department hearings.  The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title.   [PL 1989, c. 890, Pt. A, §29 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 2.  Maine Administrative Procedure Act.  Except as provided elsewhere, all hearings of the department must be conducted in accordance with the procedural requirements of the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1989, c. 890, Pt. A, §30 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF).] 2-A.  Intervenor procedures.  The board shall adopt rules that define the procedures and scope of participation for intervenors.   [PL 1991, c. 804, Pt. A, §4 (NEW).] 3.  Fees.  The Commissioner of Environmental Protection may establish fees which recover the expenses entailed in providing notice to interested persons required by this section or reproducing all or any part of the record of any hearings for the applicant or interested persons.   [PL 1983, c. 566, §6 (NEW).] 4.  Subpoena power.  The board and commissioner may each issue subpoenas to compel the production of books, records and other data related to the matters in issue at any hearing. If any person served with a subpoena demonstrates to the satisfaction of the issuer of the subpoena that the production of the information would, if made public, divulge methods or processes which are entitled to protection as trade secrets, the information shall be disclosed only at a nonpublic portion of the hearing and shall be confidential and not available for public inspection. If any person fails or refuses to obey such a subpoena, the issuer of the subpoena may apply to any Justice of the Superior Court for an order compelling that person to comply with the subpoena. The Superior Court may issue an order and may punish failure to obey the order as civil contempt.   [PL 1985, c. 746, §10 (NEW).] 5.  Public meetings.  At the board's or commissioner's discretion, the board or commissioner may schedule and hold public meetings in the geographic area of a proposed project for the purpose of collecting comments that become part of the record in a pending action. Any such meeting must be held during the period when written public comments may be submitted to the department. This subsection and the conduct of a public meeting do not change any other obligation the department has to hold public hearings that are mandatory by statute or required after a timely request is filed.   [PL 2007, c. 43, §1 (NEW).] SECTION HISTORY PL 1983, c. 566, §6 (NEW). PL 1983, c. 743, §3 (AMD). PL 1985, c. 589, §2 (AMD). PL 1985, c. 746, §10 (AMD). PL 1989, c. 890, §§A28-30,40 (AMD). PL 1991, c. 804, §A4 (AMD). PL 2007, c. 43, §1 (AMD).
38 ME Rev Stat § 346 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §346. Judicial appeals

 §346. Judicial appeals 1.  Appeal to Superior Court.  Except as provided in subsection 4 and section 347-A, subsection 3 or 4, any person aggrieved by any order or decision of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accordance with Title 5, chapter 375, subchapter 7.   [PL 2009, c. 642, Pt. B, §3 (AMD).] 2.   [PL 1977, c. 694, §759 (RP).] 2-A.  Appeal.  Any party to the appeal in the Superior Court under this section may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases.   [PL 1977, c. 696, §342 (NEW).] 3.  Limitation.   [PL 2001, c. 232, §4 (RP).] 4.  Appeal of decision.  A judicial appeal of final action by the board or commissioner regarding an application for an expedited wind energy development, as defined in Title 35-A, section 3451, subsection 4, or a general permit pursuant to section 480-HH or section 636-A must be taken to the Supreme Judicial Court sitting as the Law Court. The Law Court has exclusive jurisdiction over request for judicial review of final action by the commissioner or the board regarding expedited wind energy developments or a general permit pursuant to section 480-HH or section 636-A. These appeals to the Law Court must be taken in the manner provided in Title 5, chapter 375, subchapter 7 and the Maine Rules of Civil Procedure, Rule 80C.   [PL 2011, c. 420, Pt. A, §34 (RPR).] SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§758,759 (AMD). PL 1977, c. 696, §342 (AMD). PL 1989, c. 890, §§A40,B4 (AMD). PL 2001, c. 232, §4 (AMD). PL 2007, c. 661, Pt. B, §§7, 8 (AMD). PL 2009, c. 615, Pt. E, §5 (AMD). PL 2009, c. 642, Pt. B, §§3, 4 (AMD). PL 2011, c. 420, Pt. A, §34 (AMD).
38 ME Rev Stat § 347 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §347. Violations (REPEALED)

 §347. Violations (REPEALED)SECTION HISTORY PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §760 (AMD). PL 1979, c. 444, §§1,2 (AMD). PL 1983, c. 566, §§7,8 (AMD). PL 1983, c. 743, §4 (AMD). PL 1983, c. 796, §16 (AMD). PL 1985, c. 496, §A3 (AMD). PL 1985, c. 746, §11 (AMD). PL 1987, c. 810, §§7,8,11 (AMD). PL 1989, c. 311, §3 (RP).
38 ME Rev Stat § 347-B (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §347-B. Modification, revocation or suspension of license (REPEALED)

 §347-B. Modification, revocation or suspension of license (REPEALED)SECTION HISTORY PL 1989, c. 311, §4 (NEW). PL 1989, c. 890, §§A33,40 (RP).
38 ME Rev Stat § 347-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §347-C. Right of inspection and entry

 §347-C. Right of inspection and entry Employees and agents of the department may:   [PL 2017, c. 137, Pt. A, §5 (NEW).]1.  Property.  Enter any property at reasonable hours in order to inspect the property to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the commissioner or of the board; and   [PL 2017, c. 137, Pt. A, §5 (NEW).] 2.  Buildings.  Enter any building with the consent of the property owner, occupant or agent, or pursuant to an administrative search warrant, in order to inspect the property or structure, including the premises of an industrial user of a publicly owned treatment works, and to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the commissioner or of the board.   [PL 2017, c. 137, Pt. A, §5 (NEW).] SECTION HISTORY PL 1989, c. 311, §4 (NEW). PL 1989, c. 890, §§A40,B5 (AMD). PL 1997, c. 794, §A6 (AMD). PL 2017, c. 137, Pt. A, §5 (RPR).
38 ME Rev Stat § 349-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §349-A. Mining rules (REPEALED)

 §349-A. Mining rules (REPEALED)SECTION HISTORY PL 1989, c. 874, §1 (NEW). PL 2011, c. 653, §7 (RP). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 349-B (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1: ORGANIZATION AND POWERS|38 §349-B. Debarment from department contracts

 §349-B. Debarment from department contracts 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. "Repeat violation" means a violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner when a previous violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of a license, permit or order issued by the board or the commissioner was found.   [PL 2007, c. 300, §1 (NEW).]B. "Business" means a corporation, business trust, trust, partnership, limited liability company, association, joint venture, firm, association, organization or any other legal or commercial entity.   [PL 2009, c. 360, §1 (NEW).]C. "Direct financial interest" means ownership or part ownership of a business, including lands, stocks, bonds, debentures, warrants, partnership shares or other holdings, and also means any other arrangement where the individual may benefit from that individual's holding in or salary from that business. "Direct financial interest" includes employment, pensions, creditor relationships, real property and other financial relationships.   [PL 2009, c. 360, §2 (NEW).][PL 2009, c. 360, §§1, 2 (AMD).] 2.  Debarment.  The commissioner may, after hearing, debar from participation in contracts with the department for 2 years any individual or business found to have committed a repeat violation when either the time for filing an appeal of the determination of that violation has expired or the appeals process has been exhausted.   A. If an individual is debarred under this section, any business in which that individual holds a direct financial interest may also be debarred if the commissioner finds that the individual is in a position to substantially influence the business's compliance with the laws and rules administered by the department.   [PL 2009, c. 360, §3 (NEW).]B. If a business is debarred under this section:   (1) Any individual that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that the individual knew or should have known of the actions or inactions upon which the debarment of the business is based and was or is in a position to substantially influence the debarred business's compliance with the laws and rules administered by the department; and   (2) Any other business that holds a direct financial interest in that debarred business may also be debarred if the commissioner finds that either business was or is in a position to substantially influence compliance by the other business with the laws and rules administered by the department.   [PL 2009, c. 360, §3 (NEW).][PL 2009, c. 360, §3 (AMD).] SECTION HISTORY PL 2007, c. 300, §1 (NEW). PL 2009, c. 360, §§1-3 (AMD).
38 ME Rev Stat § 349-L (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1-A: ENVIRONMENTAL AUDIT PROGRAM|38 §349-L. Scope of program

 §349-L. Scope of program This subchapter is intended to enhance the protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of state and federal environmental requirements. An environmental audit program and a compliance management system developed under this subchapter may be part of a regulated entity's comprehensive environmental management system.   [PL 2011, c. 304, Pt. A, §1 (NEW).]SECTION HISTORY PL 2011, c. 304, Pt. A, §1 (NEW).
38 ME Rev Stat § 349-N (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1-A: ENVIRONMENTAL AUDIT PROGRAM|38 §349-N. Incentives

 §349-N. Incentives Subject to section 349-Q, and notwithstanding any other provision of law relating to penalties, the department may adjust or mitigate penalties for violations of environmental requirements in accordance with this section.   [PL 2011, c. 304, Pt. A, §1 (NEW).]1.  No gravity-based penalties.  If the department determines that a regulated entity satisfies all of the conditions of section 349-O, the department may not impose in any administrative proceeding or seek in any civil action any gravity-based penalty for a violation that is discovered and disclosed by the regulated entity.   [PL 2011, c. 304, Pt. A, §1 (NEW).] 2.  Reduction of gravity-based penalties by 75%.  If the department determines that the regulated entity satisfies the conditions of section 349-O, subsections 2 to 9, the department shall reduce by 75% gravity-based penalties that would otherwise be associated with violations discovered and disclosed by the regulated entity.   [PL 2011, c. 304, Pt. A, §1 (NEW).] 3.  No recommendation for criminal prosecution.  If the department determines that the regulated entity satisfies the conditions of section 349-O, subsections 2 to 9, the department may not recommend that criminal charges be brought against the regulated entity if the department determines that the violation is not part of a pattern or practice that demonstrates or involves:   A. A prevalent management philosophy or practice that conceals or condones environmental violations; or   [PL 2011, c. 304, Pt. A, §1 (NEW).]B. High-level corporate officials' or managers' conscious involvement in, or willful blindness to, violations of state or federal environmental laws.   [PL 2011, c. 304, Pt. A, §1 (NEW).]Whether or not the department recommends the regulated entity for criminal prosecution under this section, the department may recommend for prosecution the criminal acts of individual managers or employees under existing policies guiding the exercise of enforcement discretion.   [PL 2011, c. 304, Pt. A, §1 (NEW).] 4.  No routine request for environmental audit reports.  The department may not request an environmental audit report in connection with a routine inspection of a regulated entity. If the department has reason to believe that a violation by a regulated entity of an environmental requirement has occurred, the department may seek any information relevant to identifying violations or determining liability or the extent of harm resulting from the violation.   [PL 2011, c. 304, Pt. A, §1 (NEW).] SECTION HISTORY PL 2011, c. 304, Pt. A, §1 (NEW).
38 ME Rev Stat § 349-P (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1-A: ENVIRONMENTAL AUDIT PROGRAM|38 §349-P. Economic benefit

 §349-P. Economic benefit 1.  Department discretion.  In order to ensure that regulated entities that violate environmental requirements do not gain an economic advantage over regulated entities that comply with environmental requirements, this subchapter may not be construed to limit the discretion of the department to recover any economic benefit gained as a result of noncompliance by a regulated entity.   [PL 2011, c. 304, Pt. A, §1 (NEW).] 2.  Waiver; insignificant economic benefit.  The department may waive the entire penalty, including any penalty for economic benefit gained as a result of noncompliance, for a regulated entity that meets all the requirements of section 349-O when, in the department's opinion, the violation does not merit any penalty due to the insignificant amount of any economic benefit.   [PL 2011, c. 304, Pt. A, §1 (NEW).] SECTION HISTORY PL 2011, c. 304, Pt. A, §1 (NEW).
38 ME Rev Stat § 349-Q (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1-A: ENVIRONMENTAL AUDIT PROGRAM|38 §349-Q. Application

 §349-Q. Application This subchapter does not limit any authority of the department to adjust or otherwise mitigate any penalty imposed or sought by the department for a violation when the regulated entity responsible for the violation does not receive an incentive under this subchapter for the same violation.   [PL 2011, c. 304, Pt. A, §1 (NEW).]SECTION HISTORY PL 2011, c. 304, Pt. A, §1 (NEW).
38 ME Rev Stat § 349-R (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 1-A: ENVIRONMENTAL AUDIT PROGRAM|38 §349-R. Rules

 §349-R. Rules The board may adopt rules to implement the regulation of environmental audit programs established in this subchapter. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.   [PL 2011, c. 304, Pt. A, §1 (NEW).]SECTION HISTORY PL 2011, c. 304, Pt. A, §1 (NEW).
38 ME Rev Stat § 351 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND|38 §351. Maine Environmental Protection Fund

 §351. Maine Environmental Protection Fund The Maine Environmental Protection Fund, referred to in this subchapter as "the fund," is established as a nonlapsing fund to supplement licensing programs administered by the Department of Environmental Protection. Except as otherwise provided in this section, all fees established under this subchapter must be credited to the fund, and administrative expenses directly related to licensing programs must be charged to the fund.   [PL 2011, c. 653, §8 (AMD); PL 2011, c. 653, §33 (AFF).]All fees related to metallic mineral mining applications and permits under section 352, subsection 4-A must be credited to the Metallic Mining Fund, Other Special Revenue Funds account, which is established as a subaccount of the Maine Environmental Protection Fund to provide for prompt and effective planning, oversight and implementation of metallic mineral mining operations.   [PL 2011, c. 653, §9 (NEW); PL 2011, c. 653, §33 (AFF).]Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities under its licensing programs shall be deposited with the Treasurer of State to the credit of the fund and may be invested in as provided by statute. Interest on these investments shall be credited to the fund.   [PL 1983, c. 574, §1 (NEW).]Allowable expenditures include Personal Services, All Other and Capital Expenditures associated with prelicense or permit activities such as application reviews, public hearings and appeals, the actual license or permit processing activities and associated post-license or permit compliance activities required to assure continued licensee or permittee compliance and enforcement activities as a result of license or permit noncompliance.   [PL 2019, c. 343, Pt. WW, §1 (AMD).]The commissioner may, subject to the approval of the Governor, apply for, accept on behalf of the State and deposit to the fund funds, grants, bequests, gifts or contributions from any person, corporation or governmental entity. The funds must be expended consistent with the purposes of the department as established in section 341-A.   [PL 2019, c. 343, Pt. WW, §2 (AMD).]SECTION HISTORY PL 1983, c. 574, §1 (NEW). PL 1987, c. 192, §8 (AMD). PL 1987, c. 787, §5 (AMD). PL 1991, c. 9, §E27 (AMD). PL 2011, c. 653, §§ 8, 9 (AMD). PL 2011, c. 653, §33 (AFF). PL 2019, c. 343, Pt. WW, §§1, 2 (AMD).
38 ME Rev Stat § 353-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION|Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND|38 §353-C. Borrow pit and mining fees

 §353-C. Borrow pit and mining fees Fees received under chapter 3, subchapter 1, article 7 and article 8-A must be deposited in the Maine Environmental Protection Fund and are governed by the general provisions of this subchapter.   [PL 2003, c. 673, Pt. GG, §1 (NEW).]SECTION HISTORY PL 2003, c. 673, §GG1 (NEW).