US Lawyer Database

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).

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, […]