01 M.R.S. § 001-575-13 - VIOLATIONS AND ENFORCEMENT

1. INITIATE ENFORCEMENT ACTION. Whenever it appears to the Commissioner, after investigation, that there is or has been a violation of this chapter or the terms or conditions of a permit issued by DACF, the Commissioner may initiate an enforcement action by taking one or more of the following steps:

A. REVOCATION. The Commissioner may seek revocation of permits granted by DACF in accordance with applicable provisions of the Maine Administrative Procedure Act if the Commissioner finds that:

(1) The permittee has violated any condition of the permit;

(2) The permittee has obtained a permit by misrepresenting or failing to disclose fully all relevant facts;

(3) The permit fails to include any standard or limitation legally required on the date of issuance;

(4) There has been a change in any condition or circumstance that requires a corrective action or revocation of a permit;

(5) There has been a change in any condition or circumstance that requires a temporary or permanent modification of the terms of the permit; or

(6) The permittee has violated any law administered by DACF.

2. NOTICE OF VIOLATION. Before initiating an enforcement action under this section, the Commissioner shall issue a notice of violation to the person or persons the Commissioner considers likely to be responsible for the alleged violation(s). The notice of violation must:

A. Describe the alleged violation(s), to the extent then known by the Commissioner;

B. Cite the applicable law, rule, and term or condition of the permit alleged to have been violated; and

C. Provide time periods for the alleged violator to take necessary corrective action and respond to the notice.

For violations the Commissioner finds to be minor, the notice may state that further enforcement action will not be pursued if compliance is achieved within the time period specified in the notice or under other appropriate circumstances.

3. STARTING CONSTRUCTION WITHOUT A PERMIT. Any person who begins construction of a solar energy development after the adoption of this rule chapter without obtaining a permit from DACF is in violation of 38 M.R.S. §3202 and this rule chapter. Any violation of these rules is subject to the enforcement authority located in Title 38.

Notes

01 M.R.S. § 001-575-13