§1325. Violation
A person who violates any section of this chapter or rules adopted pursuant to this chapter commits a Class E crime. In addition, other than for a violation covered under section 1316‑A, the department may, in accordance with Title 5, chapter 375, subchapter 4, impose an administrative penalty not to exceed $500 for a violation of this chapter or rules adopted pursuant to this chapter. Each day a violation continues constitutes a separate offense. Violations existing within individual dwelling units are considered separate violations. An action commenced by the department to enforce any administrative penalty imposed under this section may be brought in the name of the State in the Superior Court in the county where the violation occurred or in Kennebec County and must be prosecuted by the Attorney General. The court shall award to the State all costs in bringing the enforcement action as well as reasonable interest on penalties not paid. This section does not limit the authority of the Department of Environmental Protection to seek penalties for violations under the authority of Title 38, section 349. All penalties and awards collected under this section must be deposited in the Lead Poisoning Prevention Fund established under section 1322‑E. [PL 2015, c. 267, Pt. LLLL, §2 (AMD).]
SECTION HISTORY
PL 1973, c. 367 (NEW). PL 1975, c. 239, §12 (AMD). PL 1991, c. 810, §33 (AMD). PL 1999, c. 276, §17 (AMD). PL 2015, c. 267, Pt. LLLL, §2 (AMD).
Structure Maine Revised Statutes
Chapter 252: LEAD POISONING CONTROL ACT
22 §1315-A. Authority of the department
22 §1316. Restrictions on use of lead-based substances
22 §1316-A. Restrictions on lead-containing children's products
22 §1317. Sale of lead base articles restricted (REPEALED)
22 §1317-A. Early diagnosis program (REPEALED)
22 §1317-B. Educational and publicity program
22 §1317-C. Screening by health care providers
22 §1317-D. Lead poisoning risk assessment and blood lead level testing program
22 §1318. Warning on lead base substance (REPEALED)
22 §1319. Report by physicians of suspected lead poisoning (REPEALED)
22 §1319-A. Laboratory testing (REPEALED)
22 §1319-B. Inspection of residential child-care facilities and preschool facilities (REPEALED)
22 §1319-C. Screening for potential lead hazards
22 §1319-D. Laboratory testing
22 §1320. Inspection of dwelling units and child-occupied facilities by department
22 §1320-A. Inspection of dwellings by department
22 §1322-A. Licensure of lead inspectors and lead abatement personnel (REPEALED)
22 §1322-B. Training program certification (REPEALED)
22 §1322-C. Laboratory certification
22 §1322-D. Reports and records (REPEALED)
22 §1322-E. Lead Poisoning Prevention Fund
22 §1324. No impairment to civil damages; local ordinances
22 §1324-A. Liability of owners; damages (REPEALED)
22 §1326. Injunction requiring removal
22 §1327. Essential maintenance practices
22 §1328. Residential real property disclosure statement forms (REPEALED)