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37-B §1126. Access and notification

§1126. Access and notification 1.  Department access.  A state dam inspector and any department staff member must have full access to any dam site under the commissioner’s jurisdiction for the purpose of conducting an inspection or enforcing an order under this chapter subject to the Maine Rules of Civil Procedure, Rule 80E.   [PL 2001, […]

37-B §1127. Emergency action plans

§1127. Emergency action plans Within 6 months after the determination of classification, the owner of a dam under the commissioner’s jurisdiction that is classified as high or significant hazard potential shall prepare an emergency action plan, which must be updated every 2 years. Such emergency action plans must be reviewed for adequacy by the department. […]

37-B §1128. Notice of transfer of ownership

§1128. Notice of transfer of ownership Forty-five days prior to any change of ownership of a dam, whether by sale, lease or gift, the owner or owners of a dam classified as a high or significant hazard potential dam shall provide in writing to the commissioner the name and address of the prospective new owner […]

37-B §1129. Violations

§1129. Violations In addition to any other forfeitures or penalties provided by law, a person who violates any provisions of this chapter or any rule or order adopted, promulgated or issued under this chapter is subject to a civil penalty as assessed by the commissioner of not less than $100 nor more than $5,000 for […]

37-B §1130. Dam Repair and Reconstruction Fund

§1130. Dam Repair and Reconstruction Fund 1.  Fund established.  The Dam Repair and Reconstruction Fund, referred to in this section as the “fund,” is established within the department. The department shall administer the fund and make low-interest loans from the fund for purposes pursuant to this section. The department may seek assistance from the Maine […]

37-B §1131. Establishment of commission

§1131. Establishment of commission 1.  Establishment of commission.  The River Flow Advisory Commission, as established by Title 5, section 12004-G, subsection 13-E and referred to in this section as the “commission,” shall act as a technical advisory commission to the department and the Governor’s office on issues of flow of the State’s rivers and streams. […]

37-B §1119. Dam condition inspection

§1119. Dam condition inspection 1.  Inspections.  A state dam inspector shall conduct an inspection of all high and significant hazard potential dams to determine whether the integrity, structural stability, function or operation of those dams constitutes a threat to public safety, in accordance with the following schedule:   A. All significant hazard potential dams, at […]

37-B §1120. Enforcement

§1120. Enforcement The commissioner may commence an action to enjoin the violation of any provision of this chapter. The commissioner may enforce any order by any other appropriate remedy, including, but not limited to, entering the dam premises to carry out the terms of the order.   [PL 2001, c. 460, §3 (NEW).] The owners, […]

37-B §1121. Appeal

§1121. Appeal Any person aggrieved by an order of the commissioner may appeal to the Superior Court under Title 5, chapter 375, subchapter VII.   [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).