§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 […]
§349-M. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 304, Pt. A, §1 (NEW).] 1. Compliance management system. ”Compliance management system” means a system implemented by a regulated entity appropriate to the size and nature of its activities to prevent, detect […]
§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 […]
§349-O. Conditions of discovery The incentives established in section 349-N apply to a violation of an environmental requirement only if: [PL 2011, c. 304, Pt. A, §1 (NEW).] 1. Systematic discovery. The violation was discovered through: A. An environmental audit program; or [PL 2011, c. 304, Pt. A, §1 (NEW).] B. A […]
§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 […]
§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, […]
§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).
