Maine Revised Statutes Title 22 Sec. 2620 – Provisions governing administrative penalties
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Administrative penalties imposed under this subchapter are governed by the following provisions. [PL 1993, c. 678, §4 (NEW).]
1. Maximum penalty. An administrative penalty may not be greater than $750 for each violation, except that for public water systems serving more than 10,000 people, an administrative penalty may not be less than $1,000 for each violation. Each day that a violation remains uncorrected may be counted as a separate violation.
[PL 1997, c. 705, §9 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 2620
- Administrative penalty: means a fine imposed by the commissioner against a public water system in violation of state drinking water laws, regulations or rules. See Maine Revised Statutes Title 22 Sec. 2601
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Person: means any individual, partnership, company, public or private corporation, political subdivision or agency of the State, department, agency or instrumentality of the United States or any other legal entity. See Maine Revised Statutes Title 22 Sec. 2601
- public water system: includes any collection, treatment, storage or distribution pipes or other constructed conveyances, structures or facilities under the control of the supplier of water and used primarily in connection with such a system, and any collection or pretreatment storage facilities not under that control that are used primarily in connection with such a system. See Maine Revised Statutes Title 22 Sec. 2601
2. Schedule of penalties. The commissioner shall adopt rules in accordance with Title 5, chapter 375 establishing a schedule of administrative penalties. Factors that may be considered include but are not limited to:
A. The nature and duration of the violation; [PL 1993, c. 678, §4 (NEW).]
B. The level of assessment necessary to ensure immediate and continued compliance; [PL 1993, c. 678, §4 (NEW).]
C. Whether steps were taken by the public water system to prevent the violation; [PL 1993, c. 678, §4 (NEW).]
D. Whether steps were taken by the public water system to remediate or mitigate damage resulting from the violation; [PL 1993, c. 678, §4 (NEW).]
E. Whether the public water system has a history of violations; [PL 1993, c. 678, §4 (NEW).]
F. The financial condition of the public water system; [PL 1993, c. 678, §4 (NEW).]
G. Whether or not compliance is less costly than committing the violation; [PL 1993, c. 678, §4 (NEW).]
H. Deterrence of future noncompliance; and [PL 1993, c. 678, §4 (NEW).]
I. The best interest of the public. [PL 1993, c. 678, §4 (NEW).]
[PL 1993, c. 678, §4 (NEW).]
3. Payment of penalty. Administrative penalties must be paid within 30 days of the issuance of notice of administrative penalty or, if appealed, within 30 days of the appeal decision. The commissioner shall deposit administrative penalties received into the Public Drinking Water Fund established in section 2660?F.
[PL 1993, c. 678, §4 (NEW).]
4. Enforcement. Further prosecution of a person who fails to pay the full penalty imposed pursuant to this chapter must be referred to the Attorney General for appropriate action. A person who fails to pay the full penalty imposed pursuant to this chapter is liable for all fines and penalties allowed under this subchapter and all costs, interest and fees incurred by the State, including attorney’s fees.
[PL 1993, c. 678, §4 (NEW).]
SECTION HISTORY
PL 1993, c. 678, §4 (NEW). PL 1997, c. 705, §9 (AMD).