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).
37-B §1122. Exemptions
§1122. Exemptions Dams licensed by or subject to the jurisdiction of the Federal Energy Regulatory Commission are exempt from this chapter. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
37-B §1123. Rights of owner
§1123. Rights of owner This chapter may not be construed to deprive any owner of recourse to the court in which that owner may be entitled to relief under the laws of this State. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
37-B §1124. Immunity
§1124. Immunity An action may not be brought against the State, the department or its agents or employees for any action taken or failure to take action pursuant to this chapter. [PL 2001, c. 460, §3 (NEW).] SECTION HISTORY PL 2001, c. 460, §3 (NEW).
37-B §1125. Relief of obligation
§1125. Relief of obligation This chapter may not be construed as relieving a person of duties, responsibilities or liabilities imposed by any other law, regulation, municipal ordinance or rule of law, including, but not limited to, the need to obtain permits or other approvals required to authorize repairs or other remedial measures at a dam […]
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 […]