10-144 Me. Code R. ch. 292 § 6

The Lead Poisoning Control Act at 22 M.R.S. §§ 1320 and 1320-A, provides three remedies to address violations. For each violation, the Department is authorized to impose administrative penalties, pursue violations as a class E crime and/or seek a mandatory injunction to remove the lead hazards.

A. Administrative Penalties

Administrative penalties may be imposed when the following occurs:

The Lead Poisoning Control Act, these rules, and/or an order issued pursuant to these rules, requires an action which is either not taken or not completed by a specified deadline. This trigger includes, but is not limited to, a property owner denying the Department access to inspect, removing Department postings, missing specified timelines or denying tenants’ relocation (or denying reimbursement for relocation).

The Lead Poisoning Control Act, these rules, and/or an order issued pursuant to these rules, prohibits an action, and the action is performed. Examples include, but are not limited to, re-renting an apartment identified with a lead hazard once it has been posted and ordered to be cleared of lead-based substances, removing required posted notices or evicting a family due to notification of the presence of lead based paint.

Assessment of Administrative Penalties

When the Department is considering imposing a penalty pursuant to these rules, it shall issue a notice of potential penalty assessment. The Notice of Potential Penalty Assessment may be included in an Order to Abate or a letter requiring access to a property. The Notice of Potential Penalty Assessment will identify the date after which a penalty may be assessed.

Following the date set forth in the Notice of Potential Penalty Assessment, the Department may then issue a Notice of Penalty Assessment with a specified penalty to be paid. Such notice shall state how the property owner may appeal a Notice of Penalty Assessment to the Department’s Office of Administrative Hearings. Any such hearing resulting from such appeal, shall be governed by 10-144 Code of Maine Rules (“CMR”) Chapter 1, Administrative Hearings Regulations. The Department may issue successive Notices of Penalty for continuing or new violations.

The penalty assessed may be no greater than $500 per violation, per day, per dwelling unit. Each day that a violation remains uncorrected counts as a separate violation.

Reduction or Waiving of Administrative Penalties: The Department may assess a penalty or waive the penalty assessed, based on, but not limited to, the following criteria:

Steps were taken by the owner to prevent the violation;

Steps were taken by the owner to mitigate the damages resulting from the violation; or

Steps were taken to address the violation.

(4) Assessment of Administrative Penalties - Enforcement

The penalty assessed may be no greater than $500 per violation, per day, per dwelling unit. Each day during which the person fails to comply with an order of the Department constitutes a separate and distinct violation.

B. Criminal Violation.

A person who violates any section of the Lead Poisoning Control Act or rules adopted, pursuant to this chapter, commits a Class E crime. Violations existing with individual dwelling units are considered separate violations. The Department reserves the right to pursue any legal or equitable sanction or order available.

C. Injunction requiring removal.

If the lead based substance remains an environmental lead hazard at the expiration of 30 days or at the expiration of an extension given by the commissioner pursuant to 22 M.R.S. §1321, that is a violation of this chapter. When a violation has occurred, the Department, in addition to any other remedies it has, may seek a mandatory injunction ordering the environmental lead hazard to be removed by a suitable third party at the expense of the owner of the affected dwelling, premises, residential child-occupied facility, child care facility, premises of the family child care provider or nursery school.