Maine Statute | Act | Code |Title 38. Waters And Navigation| US Code - US Statute | Chapter 02. Department Of Environmental Protection

Title 38 - §341-A. Department of Environmental Protection

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-A. Department of Environmental Protection

There is established a Department of Environmental Protection, in this Title called the "department." [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

1. Purpose. The department shall prevent, abate and control the pollution of the air, water and land and preserve, improve and prevent diminution of the natural environment of the State. The department shall protect and enhance the public's right to use and enjoy the State's natural resources and may educate the public on natural resource use, requirements and issues. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

2. Composition. The department shall consist of the Board of Environmental Protection, in the laws administered by the department called "board," and of a Commissioner of Environmental Protection, in the laws administered by the department called "commissioner." [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

3. Commissioner. The commissioner is appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the Legislature.

A. The commissioner serves at the pleasure of the Governor. [1995, c. 3, §5 (amd).]

B. When the State receives authority to issue permits under the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251 et seq., as amended, a person may not serve as commissioner who receives, or during the 2 years prior to appointment has received, a significant portion of income directly or indirectly from license or permit holders or applicants for a license or permit under the Federal Water Pollution Control Act. For the purposes of this section, "a significant portion of income" means 10% or more of gross personal income for a calendar year, except that it means 50% or more if the recipient is over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. [1997, c. 794, Pt. A, §2 (amd).]

C. The commissioner may delegate duties assigned to the commissioner under this Title to staff of the department. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

[1997, c. 794, Pt. A, §2 (amd).]

4. Licenses and permits. For purposes of this Title, licenses or permits issued by the department may be issued by either the commissioner or the board subject to the provisions of section 341-D, subsection 2. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
PL 1995,
Ch. 3,
§5 (AMD).
PL 1997,
Ch. 794,
§A2 (AMD).
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Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341-B. Purpose of the board

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-B. Purpose of the board

The purpose of the Board of Environmental Protection is to provide informed, independent and timely decisions on the interpretation, administration and enforcement of the laws relating to environmental protection and to provide for credible, fair and responsible public participation in department decisions. The board shall fulfill its purpose through rulemaking, decisions on selected permit applications, review of the commissioner's licensing and enforcement actions and recommending changes in the law to the Legislature. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
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Title 38 - §341-C. Board membership

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-C. Board membership

Membership of the Board of Environmental Protection is governed by this section. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

1. Appointments. The board consists of 10 members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the Legislature. [1995, c. 3, §6 (amd).]

2. Qualifications and requirements. Members of the board must be chosen to represent the broadest possible interest and experience that can be brought to bear on the administration and implementation of this Title and all other laws the board is charged with administering. At least 4 members must be residents of the First Congressional District and at least 4 members must be residents of the Second Congressional District. The boundaries of the congressional districts are defined in Title 21-A, chapter 15. A county commissioner, county employee, municipal official or municipal employee is not considered to hold an incompatible office for purposes of simultaneous service on the board. If a county or municipality is a participant in an adjudicatory proceeding before the board, a commissioner, official or employee from that county or municipality may not participate in that proceeding. [1997, c. 346, §2 (amd).]

3. Terms. The members must be appointed for staggered 4-year terms, except that a vacancy must be filled for the unexpired portion of the term. A member may not serve more than 2 consecutive 4-year terms. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

4. Chair. The Governor shall appoint one member to serve as chair. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

5. Expired terms. Any member who has not been renominated by the Governor within 90 days of the expiration of that member's term may not continue to serve on the board unless the Governor notifies the Legislature, in writing and within 90 days of the expiration of that member's term, that extension of the member's term is required to ensure fair consideration of specific major applications pending before the board. That member's term terminates upon final board actions on the specific applications identified in the Governor's communication. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

6. Compensation. Members are entitled to compensation according to the provisions of Title 5, section 12004-D. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

7. Conflict of interest. Members are governed by the conflict of interest provisions of Title 5, section 18. If a member believes that a conflict of interest may require that member's abstention in a proceeding, unless the member in question objects, the question of the conflict of interest must be submitted to a nonbinding advisory vote of the members present, excluding the member in question. [1999, c. 784, §5 (amd).]

8. Federal Water Pollution Control Act requirements. When the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251 et seq., as amended, a person may not serve as a board member who receives, or during the 2 years prior to appointment has received, a significant portion of income directly or indirectly from license or permit holders or applicants for a license or permit under the Federal Water Pollution Control Act. For the purposes of this section, "a significant portion of income" means 10% or more of gross personal income for a calendar year, except that it means 50% or more if the recipient is over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. [1997, c. 794, Pt. A, §3 (amd).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
PL 1995,
Ch. 3,
§6 (AMD).
PL 1997,
Ch. 346,
§2 (AMD).
PL 1997,
Ch. 794,
§A3 (AMD).
PL 1999,
Ch. 784,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341-D. Board responsibilities and duties

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-D. Board responsibilities and duties

The board is charged with the following duties and responsibilities. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

1. Rulemaking. [T. 38, §341-D, sub-§1 (rp).]

1-A. Rulemaking. [T. 38, §341-D, sub-§1-A (rp).]

1-B. Rulemaking. Subject to the Maine Administrative Procedure Act, the board shall adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering. The board shall also adopt, amend and repeal rules as necessary for the conduct of its business. The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists. During the consideration of any proposed rule by the board, when feasible, and using information available to it, the department shall identify provisions of the proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard exists, and shall explain in a separate section of the basis statement the justification for the difference between the agency rule and the federal standard. Notwithstanding Title 5, chapter 375, subchapter II, the board shall accept and consider additional public comment on a proposed rule following the close of the formal rule-making comment period at a meeting that is not a public hearing only if the additional public comment is directly related to comments received during the formal rule-making comment period or is in response to changes to the proposed rule. Public notice of the meeting must comply with Title 1, section 406 and state that the board will accept additional public comment on the proposed rule at that meeting. This subsection takes effect January 1, 1998. [1999, c. 784, §6 (amd).]

2. Permit and license applications. The board shall decide each application for approval of permits and licenses that in its judgment:

A. Involves a policy, rule or law that the board has not previously interpreted; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

B. Involves important policy questions that the board has not resolved; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

C. Involves important policy questions or interpretations of a rule or law that require reexamination; or [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

D. Have generated substantial public interest. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

The board shall assume jurisdiction over applications referred to it under section 344, subsection 2-A, when it finds that the criteria of this subsection have been met. The board may vote to assume jurisdiction of an application if it finds that one or more of the criteria in this subsection have been met. Any interested party may request the board to assume jurisdiction of an application. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

3. Modification, revocation or suspension. After written notice and opportunity for a hearing pursuant to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, the board may modify in whole or in part any license, or may issue an order prescribing necessary corrective action, or may act in accordance with the Maine Administrative Procedure Act to revoke or suspend a license, whenever the board finds that:

A. The licensee has violated any condition of the license; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

B. The licensee has obtained a license by misrepresenting or failing to disclose fully all relevant facts; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

C. The licensed discharge or activity poses a threat to human health or the environment; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

D. The license fails to include any standard or limitation legally required on the date of issuance; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

E. There has been a change in any condition or circumstance that requires revocation, suspension or a temporary or permanent modification of the terms of the license; [1995, c. 642, §1 (amd).]

F. The licensee has violated any law administered by the department; or [1995, c. 642, §1 (amd).]

G. The license fails to include any standard or limitation required pursuant to the federal Clean Air Act Amendments of 1990. [1995, c. 642, §2 (new).]

For the purposes of this subsection, the term "license" includes any license, permit, order, approval or certification issued by the department and the term "licensee" means the holder of the license. [1995, c. 642, §§1, 2 (amd).]

4. Appeal or review. The board shall review, may hold a hearing at its discretion on and may affirm, amend or reverse any of the following:

A. Final license or permit decisions made by the commissioner when a person aggrieved by a decision of the commissioner appeals that decision to the board within 30 days of the filing of the decision with the board staff. The board staff shall give written notice to persons that have asked to be notified of the decision. The board may allow the record to be supplemented when it finds that the evidence offered is relevant and material and that:

(1) An interested party seeking to supplement the record has shown due diligence in bringing the evidence to the licensing process at the earliest possible time; or

(2) The evidence is newly discovered and could not, by the exercise of diligence, have been discovered in time to be presented earlier in the licensing process.

The board is not bound by the commissioner's findings of fact or conclusions of law but may adopt, modify or reverse findings of fact or conclusions of law established by the commissioner. Any changes made by the board under this paragraph must be based upon the board's review of the record, any supplemental evidence admitted by the board and any hearing held by the board; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

B. License or permit decisions made by the commissioner that the board votes to review within 30 days of the next regularly scheduled board meeting following written notification to the board of the commissioner's decision. The procedures for review are the same as provided under paragraph A; and [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

C. License or permit decisions appealed to the board under another law. Unless the law provides otherwise, the standard of review is the same as provided under paragraph A. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

[1989, c. 890, Pt. A, §13 (new); §40 (aff).]

5. Requests for reconsideration. A person aggrieved by a decision of the board on a permit or license application may petition the board once to reconsider that decision, except that a person may not petition the board to reconsider a decision that is an appeal or review of a final license or permit decision made by the commissioner under subsection 4, paragraph A. A petition for reconsideration must be made in writing within 30 days after the board's decision and may be made for:

A. Correction of any part of the decision that the petitioner believes to be in error and not intended by the board; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

B. An opportunity to present new or additional evidence to secure reconsideration of any part of the decision; or [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

C. A challenge to any fact of which official notice was taken. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

The petition must set forth in detail the findings, conclusions or conditions to which the petitioner objects, the basis of the objections, the nature of any new or additional evidence to be offered and the nature of the relief requested. Within 30 days of receiving a complete reconsideration petition, the board shall decide whether to reconsider its decision. The board may hold a hearing within 30 days of its decision to reconsider the decision. In considering the petition, the board may grant the petition in full or in part, or dismiss the petition. The board shall provide reasonable notice to interested persons. The board may allow the record to be supplemented when it finds that the evidence offered is relevant and material and that an interested party seeking to supplement the record has shown due diligence in bringing the evidence to the licensing process at the earliest possible time or the evidence is newly discovered and could not, by the exercise of diligence, have been discovered in time to be presented earlier in the licensing process. The running of the time for appeal under section 346, subsection 1, is terminated by a timely petition for reconsideration filed under this subsection. The full time for appeal commences and is computed from the date of the final board action dismissing the petition or another final board action as a result of the petition. The filing of a petition for reconsideration is not an administrative or judicial prerequisite for the filing of an appeal under section 346, subsection 1. [1993, c. 356, §1 (amd).]

6. Enforcement. The board shall:

A. Advise the commissioner on enforcement priorities and activities; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

B. Advise the commissioner on the adequacy of penalties and enforcement activities; [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

C. Approve administrative consent agreements pursuant to section 347-A, subsection 1; and [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

D. Hear appeals of emergency orders pursuant to section 347-A, subsection 3. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

[1989, c. 890, Pt. A, §13 (new); §40 (aff).]

7. Reports to the Legislature. The board shall report to the joint standing committee of the Legislature having jurisdiction over energy and natural resource matters by January 15th of the first regular session of each Legislature on the effectiveness of the environmental laws of the State and any recommendations for amending those laws or the laws governing the board. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

8. Other duties. The board shall carry out other duties as required by law. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
PL 1991,
Ch. 804,
§A1 (AMD).
PL 1993,
Ch. 328,
§1 (AMD).
PL 1993,
Ch. 356,
§1 (AMD).
PL 1995,
Ch. 347,
§1,2 (AMD).
PL 1995,
Ch. 642,
§1,2 (AMD).
PL 1997,
Ch. 364,
§17 (AMD).
PL 1999,
Ch. 784,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341-E. Board meetings

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-E. Board meetings

Board meetings held under section 341-D, subsections 1 to 7, are governed by the following provisions. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

1. Quorum. Six members of the board constitute a quorum for a vote of the board, 6 members constitute a quorum for rule-making hearings held by the board and 3 members constitute a quorum for other hearings held by the board. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

2. Proceedings recorded. All proceedings before the board must be recorded electronically. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341-F. Administration

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-F. Administration

Responsibility for the administration of the board lies with the chair. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

1. Staff. Staff of the board must be hired by the chair with the consent of the board. The executive analyst shall direct the daily administrative and operational functions of the board and board staff in an impartial and objective manner. The board shall prescribe the duties of the executive analyst. The executive analyst is prohibited from participating in any activity that substantially compromises the executive analyst's ability to discharge effectively and impartially the executive analyst's duties to the board. [1999, c. 784, §7 (amd).]

2. Unclassified employee. The executive analyst of the board is unclassified and may be removed by majority vote of the board. [1999, c. 784, §7 (amd).]

3. Conflict of interest. Notwithstanding Title 5, section 18, subsection 1, each professional staff member of the board is an "executive employee" solely for the purposes of Title 5, section 18. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

4. Budget. The board shall prepare and adopt a biennial operating budget to be submitted to the commissioner for inclusion in the department's budget. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

5. Consultants. The board may obtain the services of consultants on a contractual basis or otherwise as necessary to carry out the responsibilities under this Title. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

6. Cooperation with other agencies. The board may cooperate with other state or federal departments or agencies to carry out the responsibilities under this Title. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
PL 1999,
Ch. 784,
§7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341-G. Board of Environmental Protection Fund

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341-G. Board of Environmental Protection Fund

There is established the Board of Environmental Protection Fund to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any other provision of law, the funds identified in subsection 1 transfer annually to the Board of Environmental Protection Fund in an amount not to exceed $325,000. Money in the Board of Environmental Protection Fund may only be expended in accordance with allocations approved by the Legislature. [2003, c. 245, §2 (amd).]

1. Transfer funds. The amount transferred from each fund must be proportional to that fund's contribution to the total special revenues received by the department under chapter 2, subchapter 2; sections 551, 569-A and 569-B; and chapter 13, subchapter 4. Any funds received by the board from the General Fund must be credited towards the amount owed by the Maine Environmental Protection Fund, chapter 2, subchapter 2. [1991, c. 817, §8 (amd).]

2. Investment of funds. Money in the Board of Environmental Protection Fund not currently needed to meet the obligations of the board in the exercise of its responsibilities under this Title must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [1989, c. 890, Pt. A, §13 (new); §40 (aff).]

Section History:
PL 1989,
Ch. 890,
§A13,40 (NEW).
PL 1991,
Ch. 817,
§8 (AMD).
PL 1997,
Ch. 364,
§18 (AMD).
PL 2003,
Ch. 245,
§2 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §341. Department (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§341. Department (REPEALED)

Section History:
PL 1971,
Ch. 618,
§8 (NEW).
PL 1975,
Ch. 771,
§418 (RPR).
PL 1977,
Ch. 78,
§202 (AMD).
PL 1977,
Ch. 213,
§4 (AMD).
PL 1983,
Ch. 812,
§289 (AMD).
PL 1989,
Ch. 890,
§A12,40 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §342-A. Operations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§342-A. Operations (REPEALED)

Section History:
PL 1987,
Ch. 816,
§Z5 (NEW).
PL 1989,
Ch. 546,
§4 (AMD).
PL 1991,
Ch. 499,
§10 (RP ).
PL 1991,
Ch. 499,
§26 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §342-B. Liability of fiduciaries and lenders

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§342-B. Liability of fiduciaries and lenders

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. The following must be considered in determining whether a secured lender is "acting diligently to sell or otherwise divest" or as "evidence of diligent efforts to sell or divest:"

(1) Use of the property during the period;

(2) Market conditions;

(3) Marketability of the site; or

(4) Legal constraints on the sale or divestment.

If the lender holds the property for longer than the 5-year period but meets the conditions in subsection 4, paragraph C, subparagraph (4) and the requirements enumerated in this paragraph, then liability is not imposed on the lender. [1993, c. 355, §4 (new).]

B. "Assets of the estate or trust" means assets of the estate or trust of which the site is a part; assets that subsequent to knowledge of the release are placed by the fiduciary or the grantor in an estate or trust over which the fiduciary has control if the grantor is or was an owner or operator of the release site at the time of the transfer; and assets that are transferred by the fiduciary upon or subsequent to knowledge of the release for less than full and fair consideration, to the extent of the amount that the fair market value exceeded the consideration received by the estate or trust. [1993, c. 355, §4 (new).]

C. "Participates in management" means, while the borrower is in possession of the facility, executing decision-making control over the borrower's management of oil or hazardous materials or exercising control over substantially all of the operational aspects of the borrower's enterprise, but does not include the following:

(1) Conducting or requiring site assessments of the property;

(2) Engaging in periodic or regular monitoring of the business;

(3) Financing conditioned on compliance with environmental laws;

(4) Providing general business or financial advice, excluding management of hazardous materials and oil;

(5) Providing general advice with respect to site management;

(6) Policing the security interest or loan;

(7) Engaging in work-out activities prior to foreclosure; or

(8) Participating in foreclosure proceedings.
[1993, c. 355, §4 (new).]

[1993, c. 355, §4 (new).]

2. Exemption from liability. Subject to the provisions of this section, a person may not be deemed a responsible party and that person is not subject to department orders or other enforcement proceedings, liable or otherwise responsible under sections 568; 570; 1304, subsection 12; 1318-A; 1319-J; 1361 to 1367; and 1371 for discharges, releases or threats of releases of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant or a petroleum product or by-product if that person is:

A. A fiduciary, as defined in section 1362, subsection 1-D, but that exclusion does not apply to an estate or trust of which the site is a part; or [1993, c. 355, §4 (new).]

B. A lender, as defined in section 1362, subsection 1-B, who, without participating in management of a site, holds indicia of ownership primarily to protect a security interest in the site. [1993, c. 355, §4 (new).]

[1993, c. 355, §4 (new).]

3. Exclusion from exemption for fiduciaries. The exemption from liability provided by subsection 2 does not apply if:

A. The fiduciary causes, contributes to or exacerbates the discharge, release or threat of release; or [1993, c. 355, §4 (new).]

B. After acquiring title to or commencing control or management of the site, the fiduciary does not:

(1) Notify the department within a reasonable time after obtaining knowledge of a release or threat of release;

(2) Provide reasonable access to the site to the department and its authorized representatives so that necessary response actions may be conducted; and

(3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment.
[1993, c. 355, §4 (new).]

[1993, c. 355, §4 (new).]

4. Exclusion from exemption for lenders. The exemption from liability for lenders provided in subsection 2 does not apply if:

A. The secured lender causes, contributes to or exacerbates the discharge, release or threat of release; [1993, c. 355, §4 (new).]

B. The secured lender participates in management of the site prior to acquiring ownership of the site; or [1993, c. 355, §4 (new).]

C. After acquiring ownership of the site and upon obtaining knowledge of a release or threat of release, the secured lender does not:

(1) Notify the department within a reasonable time after obtaining knowledge of a release or threat of release;

(2) Provide reasonable access to the department and its authorized representatives so that necessary response actions may be conducted;

(3) Undertake reasonable steps to control access and prevent imminent threats to public health and the environment; and

(4) Act diligently to sell or otherwise divest the property within a limited time period of up to 5 years from the earlier of the lender's possession or ownership. There is a rebuttable presumption that the 2nd lender is acting diligently to sell or otherwise divest the property during the first 18 months after taking possession. The secured lender must demonstrate by a preponderance of the evidence diligent efforts to sell or divest the property during the next 42 months.
[1993, c. 355, §4 (new).]

When a lender has ownership or possession of a site pursuant to a security interest in the site, the term "owner" or "operator" means a person who owned or operated the site immediately prior to that secured lender obtaining ownership or possession of the site. [1993, c. 355, §4 (new).]

5. Relationship to ground water fund claims. The exemption provided in subsection 2, paragraph B from liability under section 570 does not exempt lenders who apply to the Ground Water Oil Clean-up Fund for coverage pursuant to section 568-A from the obligation to pay the full amount of deductible determined by the commissioner. [1993, c. 355, §4 (new).]

6. Exempt person as party. Notwithstanding the exemption from liability provided by this section, a fiduciary may be named as a party in an administrative enforcement proceeding or civil action brought by the State pursuant to this Title for purposes of requiring the submission of information or documents relating to an uncontrolled hazardous substance site, for purposes of proceeding against the assets of the estate or trust for reimbursement, fines or penalties or for purposes of compelling the expenditure of assets of the estate or trust by the fiduciary to abate, clean up or mitigate threats or hazards posed by a discharge or release, or to comply with state environmental laws and regulations or the terms of a department order of enforcement proceeding. This subsection does not require the fiduciary to expend its own funds or to make the fiduciary personally liable for compliance pursuant to an order or enforcement proceeding except as provided in section 568, subsection 4, paragraph B or section 1365, subsection 6. [RR 1993, c. 1, §111 (cor).]

Section History:
PL 1993,
Ch. 355,
§4 (NEW).
RR 1993,
Ch. 1,
§111 (COR).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §342. Commissioner, duties

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§342. Commissioner, duties

The Commissioner of Environmental Protection shall have the following duties: [1971, c. 618, §8 (new).]

1. [1983, c. 483, §1 (rp).]

1-A. Administration of department. The commissioner is the chief administrative officer of the department and responsible for all administrative matters of the department, except as otherwise specified. The commissioner shall assure that all determinations made by the staff of the department are promptly rendered. The commissioner shall resolve disputes between department staff and applicants with respect to any questions regarding requirements, interpretation or application of the laws, rules or department policy. In resolving disputes, the commissioner shall attempt to reach a fair and appropriate result given all of the circumstances of the issue and may utilize the services of such consultants or experts as the commissioner determines would be helpful to resolve any disputed issue. For purposes of this subsection and section 341-A, subsection 3, paragraph C, staff of the department does not include staff of the board. [1989, c. 890, Pt. A, §14 (amd); §40 (aff).]

2. Employment of personnel. The commissioner may employ, subject to the Civil Service Law, personnel for the department and prescribe the duties of these employees, except persons occupying the positions defined in Title 5, section 938, subsection 1-A, as the commissioner determines necessary to fulfill the duties of the department. For purposes of this subsection, personnel for the department does not include staff of the board. [1995, c. 560, Pt. E, §3 (amd).]

3. [1989, c. 890, Pt. A, §16 (rp); §40 (aff).]

3-A. Negotiating agreements. The commissioner may negotiate and enter into agreements with federal, state and municipal agencies. [1989, c. 890, Pt. A, §17 (new); §40 (aff).]

4. Organization of department. The commissioner, after consultation with the Board of Environmental Protection, shall organize the department into the bureaus, divisions, regional offices and other administrative units necessary to fulfill the duties of the department. After consultation with the board, the commissioner shall prescribe the functions of the bureaus and other administrative units to insure that the powers and duties of the department are administered efficiently so that all license applications and other business of the department may be expeditiously completed in the public interest.

A. In coordination with the Health and Environmental Testing Laboratory in the Department of Health and Human Services, the commissioner shall ensure that sampling, data handling and analytical procedures are carried out in accordance with the highest professional standards so that data generated for departmental programs are of known and predictable precision and accuracy. [1991, c. 499, §9 (rpr); §26 (aff); 2003, c. 689, Pt. B, §6 (rev).]

B. The Office of Pollution Prevention is established within the department to review department programs and make recommendations to the commissioner on means of integrating pollution prevention into department programs. The Office of Pollution Prevention has the following functions:

(1) To establish pollution prevention priorities within the department;

(2) To coordinate department pollution prevention activities with those of other agencies and entities;

(3) To ensure that rules, programs and activities of the department are consistent with pollution prevention goals and do not hinder pollution prevention initiatives;

(4) To provide technical assistance, training and educational activities to assist the general public, governmental entities and the regulated community with development and implementation of pollution prevention programs as funds allow;

(5) To establish an award program to recognize businesses, local governments, department staff and others that have implemented outstanding or innovative pollution prevention programs, activities or methods;

(6) To identify opportunities to use the state procurement system to encourage pollution prevention;

(7) To develop procedures to determine the effectiveness of the department's pollution prevention programs and activities;

(8) To assume responsibility for the administration and implementation of chapter 26; and

(9) To administer and evaluate the Technical and Environmental Assistance Program established in section 343-B.

The commissioner shall designate an employee of the department to manage the functions of the Office of Pollution Prevention. That person may provide independent testimony to the Legislature, may make periodic reports to the administrator of the federal Environmental Protection Agency for transmittal to the United States Congress and may address problems or concerns related to the functions of the office, including the investigation of complaints concerning the Technical and Environmental Assistance Program.
The commissioner shall identify a staff person or persons in each bureau of the department whose primary responsibility is to provide guidance to any party through the permit review process. [1991, c. 804, Pt. C, §2 (amd).]

[1991, c. 804, Pt. C, §2 (amd); 2003, c. 689, Pt. B, §6 (rev).]

5. Designation of deputy commissioner. [1985, c. 746, §5 (rp).]

5-A. Designation of deputy commissioner and directors. The commissioner may employ, to serve at his pleasure, the following:

A. A deputy commissioner; [1985, c. 746, §6 (new).]

B. [1987, c. 419, §3 (rp).]

C. Directors as defined in Title 5, section 938, subsection 1-A. [1995, c. 560, Pt. E, §4 (amd).]

[1995, c. 560, Pt. E, §4 (amd).]

6. Technical services. [1991, c. 66, Pt. A, §1 (rp).]

7. Representation in court. The commissioner may authorize licensed Maine attorneys with active bar status who are employees of the department and certified employees of the department to serve civil process and represent the department in District Court in the prosecution of violations of those laws enforced by the department and set forth in Title 4, section 152, subsection 6-A. Licensed Maine attorneys do not need to file the certification referred to in the Maine Rules of Civil Procedure, Rule 80K(h). Certification of nonattorney employees must be provided as under Title 30-A, section 4453. [2003, c. 245, §3 (amd).]

8. Data base. The commissioner shall develop by January 1, 1991, and maintain a data base of license applications received and decisions made by the department. The data base must include information on all applications pending or received after January 1, 1990. For each application the data base must include:

A. The type of license sought; [1991, c. 66, Pt. A, §2 (rpr).]

B. The name and address of the applicant and the name of a natural person who is the representative of the applicant; [1991, c. 66, Pt. A, §2 (rpr).]

C. The location of the project; [1991, c. 66, Pt. A, §2 (rpr).]

D. The date of acceptance of the application for processing; [1991, c. 66, Pt. A, §2 (rpr).]

E. The current processing status of the application; [1991, c. 66, Pt. A, §2 (rpr).]

F. An indication of whether the commissioner or the board will decide the application; [1991, c. 66, Pt. A, §2 (rpr).]

G. A brief description of the project, including any substantial issues raised during the licensing process; and [1991, c. 66, Pt. A, §2 (rpr).]

H. A brief description of the final action taken by the department, either by the commissioner or the board, on the application. [1991, c. 66, Pt. A, §2 (rpr).]

The commissioner shall maintain a central archive of all applications received and licenses issued by the department. [1991, c. 66, Pt. A, §2 (rpr).]

9. Rules. The commissioner may submit to the board new or amended rules for its adoption. [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

10. Consultants. The commissioner may contract with or otherwise employ consultants for services necessary to carry out duties under this Title. [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

11. Administrative duties for the board. The commissioner shall meet the administrative requirements of the board including bookkeeping, expense reimbursement and payroll matters. [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

11-A. Recommendations and assistance to board. The commissioner shall make recommendations to the board regarding proposed rules; permit and license applications; modification, revocation or suspension of licenses; appeals of license and permit decisions; and other matters considered by the board. The commissioner shall also provide the board with the technical services of the department. [1999, c. 784, §8 (new).]

12. Coordination and assistance procedures. The commissioner shall establish procedures to assist the public and applicants and coordinate processing for all environmental permits issued by the department. These procedures must, to the extent practicable, ensure:

A. Availability to the public of necessary information concerning these environmental permits; [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

B. Assistance to applicants in obtaining environmental permits from the department; and [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

C. That the public understands the permitting process and all the procedures of the department including those of the board. Any written material must be in clear, concise language. [1989, c. 890, Pt. A, §18 (new); §40 (aff).]

[1989, c. 890, Pt. A, §18 (new); §40 (aff).]

13. Agricultural impacts. The commissioner shall notify and regularly inform the Commissioner of Agriculture, Food and Rural Resources on proposed legislation or rules that may affect agricultural activity. [1991, c. 66, Pt. A, §3 (new).]

14. Environmental priorities report. [2003, c. 245, §4 (rp).]

15. Technical services. The commissioner shall establish a technical services unit within the department to assist any person involved in a real estate transaction in determining whether real property that is the subject of the transaction has been the site of a discharge, release or threatened release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products. The commissioner may also assist in or supervise the development and implementation of reasonable and necessary response actions. Assistance may include review of agency records and files, review and approval of a requester's investigation plans, site assessments and reports, voluntary response action plans and implementation of those plans. The person requesting assistance under this subsection shall pay the department an initial nonrefundable fee of up to $500 to be determined by the Commissioner. The person shall also pay the department for its actual direct and indirect costs of providing assistance, which must be determined by the commissioner but which must not on an hourly basis exceed $50 per hour per person. Money received by the department for assistance under this subsection must be deposited in the Uncontrolled Sites Fund. [1993, c. 355, §3 (new).]

16. Receipt of funds. Through the Department of Administrative and Financial Services, the commissioner may establish accounts as necessary for the administration of funds held temporarily by the department and restricted to specific purposes by court order or otherwise, such as escrow funds, funds from court decrees and intervenor fees. The State Budget Officer may provide for allotment of the funds as requested. Funds received must be deposited with the Treasurer of State to the credit of the appropriate account and be invested, as provided by law, with interest credited to the account. [1993, c. 735, §1 (new).]

17. Serve as a director of Clean Government Initiative. The commissioner shall serve as a director, along with the Commissioner of Administrative and Financial Services, of the Clean Government Initiative established in section 343-H. [2001, c. 333, §4 (new).]

Section History:
PL 1971,
Ch. 618,
§8 (NEW).
PL 1977,
Ch. 564,
§134 (AMD).
PL 1977,
Ch. 596,
§1 (AMD).
PL 1981,
Ch. 526,
§1 (AMD).
PL 1983,
Ch. 483,
§1-3 (AMD).
PL 1983,
Ch. 536,
§ (AMD).
PL 1983,
Ch. 566,
§2 (AMD).
PL 1983,
Ch. 743,
§2 (AMD).
PL 1983,
Ch. 796,
§15 (AMD).
PL 1985,
Ch. 746,
§4-6 (AMD).
PL 1985,
Ch. 785,
§B177 (AMD).
PL 1985,
Ch. 819,
§B6,7 (AMD).
PL 1987,
Ch. 205,
§ (AMD).
PL 1987,
Ch. 419,
§3 (AMD).
PL 1987,
Ch. 787,
§4 (AMD).
PL 1987,
Ch. 816,
§Z4 (AMD).
PL 1989,
Ch. 836,
§3 (AMD).
PL 1989,
Ch. 869,
§A2 (AMD).
PL 1989,
Ch. 890,
§A14-18,40,B1,2 (AMD).
PL 1991,
Ch. 66,
§A1-3 (AMD).
PL 1991,
Ch. 499,
§26 (AFF).
PL 1991,
Ch. 499,
§9 (AMD).
PL 1991,
Ch. 520,
§1 (AMD).
PL 1991,
Ch. 804,
§A2,C2 (AMD).
PL 1993,
Ch. 355,
§3 (AMD).
PL 1993,
Ch. 735,
§1 (AMD).
RR 1993,
Ch. 2,
§37 (COR).
PL 1995,
Ch. 560,
§E3,4 (AMD).
PL 1997,
Ch. 296,
§10 (AMD).
PL 1999,
Ch. 127,
§A53 (AMD).
PL 1999,
Ch. 784,
§8 (AMD).
PL 2001,
Ch. 333,
§4 (AMD).
PL 2003,
Ch. 245,
§3,4 (AMD).
PL 2003,
Ch. 689,
§B6 (REV).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §343-A. Rules (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-A. Rules (REPEALED)

Section History:
PL 1983,
Ch. 566,
§4 (NEW).
PL 1989,
Ch. 890,
§A19,40 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §343-B. Preapplication and presubmission meetings

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-B. Preapplication and presubmission meetings

At the request of a potential applicant or when required by rule, the department shall hold a preapplication meeting to identify the issues, types of information and documentation necessary for the department to properly assess a specific project. For any application that has had a preapplication meeting, the department shall also hold a presubmission meeting to review the application prior to the application being filed by the applicant unless the department determines that the presubmission meeting is unnecessary based upon the complexity of the application, status of development of the application or other factors and the applicant agrees not to hold a presubmission meeting. [2005, c. 330, §4 (amd).] div>
The board may adopt rules that identify classes of applications that require an applicant to attend a preapplication and presubmission meeting held by the department prior to submitting the application. [1991, c. 804, Pt. B, §1 (new); §7 (aff).]

Section History:
PL 1991,
Ch. 804,
§B1 (NEW).
PL 1991,
Ch. 804,
§B7 (AFF).
PL 2005,
Ch. 330,
§4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §343-C. Technical and Environmental Assistance Program

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-C. Technical and Environmental Assistance Program

The Technical and Environmental Assistance Program, referred to in this section as the "program," is administered by the Office of Pollution Prevention. Participation in the program by any person is voluntary. The department may not require any person to participate in the program. [1991, c. 804, Pt. C, §3 (new).]

1. Program components. The program must:

A. Provide for the development, collection and coordination of information concerning compliance methods and technologies; [1991, c. 804, Pt. C, §3 (new).]

B. Provide for the encouragement of lawful cooperation among persons engaged in activities regulated by the department; [1991, c. 804, Pt. C, §3 (new).]

C. Provide assistance with pollution prevention and accidental release detection and prevention; [1991, c. 804, Pt. C, §3 (new).]

D. Ensure that a person engaging in an activity that is subject to regulation by the department is informed of that person's rights and obligations under environmental programs administered by the department, and assist persons in determining the applicable permitting and programmatic requirements of the department; and [1991, c. 804, Pt. C, §3 (new).]

E. Develop procedures to consider requests from regulated persons to modify work practice or technological compliance methods or the milestones for implementing those methods. [1991, c. 804, Pt. C, §3 (new).]

Any instance of noncompliance identified as a result of a person requesting assistance through the program must be corrected by that person. The commissioner is not required to initiate a formal enforcement action against a person found to be in noncompliance as a result of a request for assistance through the program. The commissioner, in cooperation with the Attorney General and in conformity with federal requirements, shall develop a written enforcement policy for responding to violations identified as a result of a small business requesting assistance through the program. The policy must outline conditions under which the department will forego civil penalties when the violation is not a recurrence of a violation for which a prior formal or informal enforcement response has been taken, the violation was inadvertent and did not result in significant environmental harm or risk to human health and the business acts promptly and responsibly to correct the violation. [1995, c. 234, §1 (amd).]

2. Other duties. In administering the program, the Office of Pollution Prevention shall:

A. Operate a telephone hotline to enhance accessibility of the program; [1991, c. 804, Pt. C, §3 (new).]

B. Prepare reports periodically on the status of the program for distribution to the public, the Legislature and other appropriate federal and state agencies; and [1991, c. 804, Pt. C, §3 (new).]

C. Periodically review the program with trade associations, municipal organizations and regulated persons. [1991, c. 804, Pt. C, §3 (new).]

[1991, c. 804, Pt. C, §3 (new).]

3. Staffing. The commissioner shall establish adequate staffing to effectively carry out the duties of the Technical and Environmental Assistance Program. [1993, c. 500, §1 (new); §5 (aff).]

Section History:
PL 1991,
Ch. 804,
§C3 (NEW).
PL 1993,
Ch. 500,
§1 (AMD).
PL 1993,
Ch. 500,
§5 (AFF).
PL 1995,
Ch. 234,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §343-D. Pollution Prevention Advisory Committee

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-D. Pollution Prevention Advisory Committee

The Pollution Prevention Advisory Committee, established by Title 5, section 12004-I, subsection 22-B and referred to in this section as the "committee," serves as a review body to assess the progress in the reduction of toxics use, toxics release and hazardous waste and implementation of the provisions of chapter 26, the Office of Pollution Prevention and the Technical and Environmental Assistance Program and may render advisory opinions to the commissioner on the effectiveness of each. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

1. Appointment; composition. The committee consists of 16 voting members.

A. The Governor shall appoint 2 representatives from the business community, 2 elected or appointed municipal officials who are not owners or representatives of owners of small business stationary sources, and 2 representatives of organized labor. [1993, c. 500, §2 (amd); §5 (aff).]

B. The President of the Senate shall appoint one member from a public health organization, one member from an environmental organization and one public member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (amd); §5 (aff).]

C. The Speaker of the House of Representatives shall appoint one member from a public health organization, one member from an environmental organization and one public member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (amd); §5 (aff).]

D. The commissioner shall appoint a designee to represent the department. [1993, c. 500, §2 (amd); §5 (aff).]

E. The Senate Minority Leader and the House Minority Leader shall each appoint one member who is an owner or represents an owner of a small business stationary source. [1993, c. 500, §2 (new); §5 (aff).]

F. The Director of the Bureau of Air Quality Control shall appoint a designee to represent the bureau. [1993, c. 500, §2 (new); §5 (aff).]

The Commissioner of Labor and the Director of the Maine Emergency Management Agency serve as ex officio members and do not vote on committee matters. As used in this subsection, unless the context otherwise indicates, a "small business stationary source" means a source that meets the eligibility requirements of 42 United States Code Annotated, Section 7661f. [1995, c. 656, Pt. A, §18 (amd).]

2. Terms. Except for the commissioner, who shall serve a term coincident with that person's appointment as the commissioner, all members are appointed for staggered terms of 3 years. A vacancy must be filled by the same appointing authority that made the original appointment. Appointed members may not serve more than 2, 3-year terms. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

3. Compensation. Members are entitled to compensation for expenses according to Title 5, section 12004-I, subsection 22-B. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

4. Quorum; actions. A quorum is a majority of the voting members of the committee. An affirmative vote of the majority of the members present at a meeting is required for any action. Action may not be considered unless a quorum is present. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

5. Chair. The Governor shall appoint one member to serve as chair. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

6. Meetings. The committee shall meet at least 4 times per year and at any time at the call of the chair or upon written request to the chair by 4 of the voting members. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

7. Staff support. The commissioner shall provide the committee with staff support. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

8. Duties; powers. The committee may review and may render advisory opinions to the commissioner on the operation and effectiveness of the following programs:

A. Toxics Use, Toxics Release and Hazardous Waste Reduction Program, established in chapter 26. The committee may:

(1) Review program priorities for toxics use, toxics release and hazardous waste reduction and may identify user groups as priorities for department technical assistance activities;

(2) Review the criteria for the submission of toxics use, toxics release and hazardous waste reduction plans;

(3) Study and evaluate the practicability of achieving reductions in the use or release of specific substances through the use of substitutes, alternate procedures or processes or other means of achieving toxics use, toxics release and hazardous waste reduction;

(4) Recommend revisions to the department, if appropriate, to toxics use, toxics release and hazardous waste reduction goals and to the Toxics Use, Toxics Release and Hazardous Waste Reduction Program; and

(5) Evaluate existing programs related to chemical production and use, hazardous waste generation, industrial hygiene, worker safety and public exposure to toxics and toxics releases and recommend coordination of information and program changes or development;
[1991, c. 804, Pt. C, §3 (new); §5 (aff).]

B. The Technical and Environmental Assistance Program established under section 343-B. In reviewing that program, the committee may:

(1) Review information developed or distributed by the Technical and Environmental Assistance Program to ensure that the information is understandable to the general public; and

(2) Prepare periodic reports to the Governor on the compliance status of the Technical and Environmental Assistance Program. The reports must be forwarded to the federal Environmental Protection Agency complying with the requirements of the federal Paperwork Reduction Act of 1980, Public Law 96-511, as amended; the federal Regulatory Flexibility Act, 5 United States Code, Sections 601 to 612; and the federal Equal Access to Justice Act, Public Law 96-481, as amended; and
[1991, c. 804, Pt. C, §3 (new); §5 (aff).]

C. The Office of Pollution Prevention established under section 342, subsection 4, paragraph B. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

In conducting its review under paragraphs A to C, the committee may submit recommendations for statutory changes to the joint standing committee of the Legislature having jurisdiction over energy and natural resources matters. [1991, c. 804, Pt. C, §3 (new); §5 (aff).]

Section History:
PL 1991,
Ch. 804,
§C3 (NEW).
PL 1991,
Ch. 804,
§C5 (AFF).
PL 1993,
Ch. 500,
§2 (AMD).
PL 1993,
Ch. 500,
§5 (AFF).
PL 1995,
Ch. 465,
§A11 (AMD).
PL 1995,
Ch. 465,
§C2 (AFF).
PL 1995,
Ch. 656,
§A18 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §343-E. Voluntary response action program

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-E. Voluntary response action program

1. Liability protection for complete cleanup. Subject to the provisions of this section, a person may not be deemed a responsible party and that person is not subject to department orders or other enforcement proceedings or otherwise responsible under sections 568; 570; 1304, subsection 12; 1318-A; 1319-J; 1361 to 1367 or 1371 for, or as a result of, a discharge, release or threatened release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products, if the person investigates the discharge, release or threatened release and undertakes and completes response actions to remove or remedy all known discharges, releases and threatened releases at an identified area of real property in accordance with a voluntary response action plan approved by the commissioner. [1993, c. 355, §5 (new).]

2. Liability protection for partial cleanup. The commissioner may approve a voluntary response action plan submitted under this section that does not require removal or remedy of all discharges, releases and threatened releases at an identified area of real property conditioned upon any or all of the terms identified in subsection 3 and based on consideration of the following:

A. If reuse or development of the property is proposed, the voluntary response action plan provides for all response actions required to carry out the proposed reuse or development in a manner that protects public health and the environment; [1993, c. 355, §5 (new).]

B. The response actions and the activities associated with any reuse or development proposed for the property will not cause, contribute or exacerbate discharges, releases or threatened releases that are not required to be removed or remedied under the voluntary response action plan and will not interfere with or substantially increase the cost of response actions to address the remaining discharges, releases or threatened releases; and [1993, c. 355, §5 (new).]

C. The owner of the property that is the subject of the partial voluntary response action plan agrees to cooperate with the commissioner, the requestor or the commissioner's authorized representatives to avoid any action that interferes with the response actions. [1993, c. 355, §5 (new).]

[1993, c. 355, §5 (new).]

3. Conditions for protection. The commissioner may condition the protection from liability provided by this section on the requestor's agreement to any or all of the following terms that the commissioner may determine to be necessary:

A. To provide access to the property to the commissioner and the commissioner's authorized representatives; [1993, c. 355, §5 (new).]

B. To allow the commissioner or the commissioner's authorized representatives to undertake activities at the property including placement of borings, wells, equipment, and structures on the property; and [1993, c. 355, §5 (new).]

C. To the extent the requestor has title to the property, to grant easements or other interests in the property to the department for any of the purposes provided in paragraph A or B. An agreement under this subsection must apply to and be binding upon the successors and assigns of the owner. To the extent the requestor has title to the property, the requestor shall record the agreement or a memorandum approved by the commissioner that summarizes the agreement in the registry of deeds for the county where the property is located. [1993, c. 355, §5 (new).]

[1993, c. 355, §5 (new).]

4. Investigation report. A voluntary response action plan submitted for approval of the commissioner must include an investigation report prepared by an appropriate professional that identifies and describes the nature and extent of the discharges, releases and threatened releases at the identified area of real property, methods of investigation, the analytical results and the professional's evaluation of this information. [1993, c. 355, §5 (new).]

5. Approval of plan. When the commissioner approves a voluntary response action plan pursuant to subsection 1 or 2, the commissioner shall include in the approval a no-action assurance pursuant to subsection 9, acknowledging that so long as the plan is implemented pursuant to its terms and with the exercise of due care, the person submitting the plan and those persons identified in subsection 6 will receive the protection from liability provided under this section. Upon completion of the voluntary response action plan, the parties implementing the voluntary response action plan shall notify the commissioner who shall issue a certificate of completion upon demonstration by the parties that the response action is complete. In addition, a person who has submitted and received department approval of a voluntary response action plan and is implementing or has implemented that plan pursuant to its terms is not liable for claims for contribution regarding the site. [1993, c. 355, §5 (new).]

6. Additional persons protected from liability. In addition to the person who undertakes and completes a voluntary response action pursuant to an approved voluntary response action plan, the liability protection provided by this section applies to the following persons:

A. An owner or operator who is a responsible party or who is subject to department orders or other enforcement proceedings or otherwise responsible under sections 568; 570; 1304, subsection 12; 1318-A; 1319-J; 1361 to 1367 and 1371 for a discharge, release or threat of release and who undertakes and completes a voluntary response action plan that fully remediates all known discharges, releases or threatened releases. The liability protection is limited to protection from further clean-up requirements and does not include protection from liability for penalties, fines or natural resource damages, to the extent applicable, unless a no-action assurance issued pursuant to subsection 9 so provides; [1993, c. 355, §5 (new).]

B. A person providing financing to the person who undertakes and completes the response actions or who acquires or develops the identified property; [1993, c. 355, §5 (new).]

C. A lender or fiduciary as defined in section 1362 who arranges for the undertaking and completion of response actions; [1993, c. 355, §5 (new).]

D. A person who seeks to acquire or develop the identified property and who arranges for the undertaking and completion of response actions; [1993, c. 355, §5 (new).]

E. A successor or assign of a person to whom the liability protection applies; and [1993, c. 355, §5 (new).]

F. A person acting in compliance with a voluntary response action program approved by the commissioner who, while implementing the voluntary response action plan and exercising due care in implementation, causes, contributes or exacerbates a discharge or release, provided that the discharge or release is removed or remediated to the satisfaction of the commissioner. [1993, c. 355, §5 (new).]

[1993, c. 355, §5 (new).]

7. Persons ineligible for protection from liability. The protection from liability provided by this section does not apply to:

A. A person who causes, contributes or exacerbates a discharge, release or threatened release that was not remedied under an approved voluntary response action plan; [1993, c. 355, §5 (new).]

B. For partial voluntary response action plans that do not require removal or remediation of all known releases, a person who was responsible under sections 568; 570; 1304, subsection 12; 1318-A; 1319-J; 1361 to 1367 and 1371 for a discharge, release or threatened release; or [1993, c. 355, §5 (new).]

C. A person who obtains approval of a voluntary response action plan for purposes of this section by fraud or intentional misrepresentation, or by knowingly failing to disclose material information, or a successor or assign of the person who obtained approval if that successor or assign had knowledge that the approval was obtained by fraud or intentional misrepresentation or by knowingly failing to disclose material information. [1993, c. 355, §5 (new).]

[1993, c. 355, §5 (new).]

8. Effect of protection from liability. This section does not affect the authority of the commissioner to exercise the powers or duties under law with respect to a discharge, release or threatened release, or the right of the commissioner or any other person to seek relief available, against a party who is not subject to the liability protection provided under this section. [1993, c. 355, §5 (new).]

9. No-action assurance. The commissioner shall issue a written determination or enter into an agreement pursuant to subsections 1 or 2 to take no action under sections 568; 570; 1304, subsection 12; 1318-A; 1319-J; 1361 to 1367 and 1371 against a person afforded protection for undertaking a voluntary response action plan pursuant to subsection 6 when the commissioner approves a voluntary response action plan pursuant to subsections 1 and 2. For partial voluntary response action plans approved under subsection 2, the commissioner's written determination or agreement to take no action may be limited to the matters addressed by the terms of the voluntary response action plan.

A. A determination issued or agreement entered into under this subsection may be conditioned upon those terms identified in subsection 3 and upon any other reasonable conditions determined necessary by the commissioner. [1993, c. 355, §5 (new).]

B. A determination issued or agreement entered into under this subsection may extend to the successors and assigns of the person to whom it originally applies if the successors and assigns are bound by the conditions in the determination or agreements. [1993, c. 355, §5 (new).]

C. Issuance of a determination or execution of an agreement under this subsection does not affect the authority of the commissioner to expend funds, to take response action with respect to the discharge or release subject to the determination or agreement, or to take administrative or judicial action with respect to persons not bound by the determination or agreement. [1993, c. 355, §5 (new).]

[1993, c. 355, §5 (new).]

Section History:
PL 1993,
Ch. 355,
§5 (NEW).
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Title 38 - §343-F. Reporting and disclosure requirements

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-F. Reporting and disclosure requirements

An environmental professional who obtains analytical information indicating a discharge or release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products at a site, at levels that, in that professional's best professional judgment, require removal or remedial action to prevent significant threats to public health or the environment shall advise that professional's client of that information. [1993, c. 355, §5 (new).] div>
If the client of the environmental professional is not the owner or operator of the site, the client shall disclose the analytical information to the owner or operator of the site. Upon receipt of that information, the owner or operator shall submit this information to the commissioner within a reasonable time period unless the time period is otherwise prescribed by law. This section does not affect the legal protections afforded to confidential business information or other privileges, if any, that may be applicable. If the client makes a disclosure and the owner or operator does not submit this information to the commissioner, the client and the environmental professional may not be held liable for the owner's or the operator's failure to disclose. [1993, c. 355, §5 (new).]

Section History:
PL 1993,
Ch. 355,
§5 (NEW).
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Title 38 - §343-G. Environmental management systems (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-G. Environmental management systems (REPEALED)

Section History:
MRSA ,

§T.38,SEC. 343G4 (AMD).
PL 1999,
Ch. 562,
§1 (NEW).
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Title 38 - §343-H. Clean Government Initiative

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-H. Clean Government Initiative

1. Initiative established; directors. The Clean Government Initiative, referred to in this section as the "initiative," is established to assist state agencies and state-supported institutions of higher learning in meeting applicable environmental compliance requirements and to incorporate environmentally sustainable practices into all state government functions. The initiative is jointly directed by the commissioner, the Commissioner of Administrative and Financial Services, the Chancellor of the University of Maine System or the chancellor's designee and the President of the Maine Community College System or the president's designee, referred to in this section as the "directors." [2001, c. 695, §1 (amd); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

1-A. State-supported institution of higher learning. For purposes of this section, "state-supported institution of higher learning" means the University of Maine System, the Maine Maritime Academy and the Maine Community College System. [2001, c. 695, §1 (new); 2003, c. 20, Pt. OO, §2 (amd); §4 (aff).]

2. Duties; responsibilities. The directors of the initiative shall:

A. Establish a coordinated state government environmental plan to ensure that:

(1) All agencies and state-supported institutions of higher learning comply with state and federal environmental laws; and

(2) Environmentally sustainable practices are incorporated into state government planning, operations and regulatory functions;
[2001, c. 695, §1 (amd).]

B. Establish metrics to measure and assess the environmental compliance and performance of state agencies and state-supported institutions of higher learning. In developing those metrics, the directors shall seek to achieve continuous improvement in environmental compliance and performance of all state agencies through:

(1) Pollution prevention;

(2) Improvements in energy efficiency, including facility siting, design, construction and management; and

(3) Procurement of environmentally friendly commodities and services, as assessed on a life cycle basis, including technically comparable, cost-effective and reasonably available alternatives to products that may release dioxin or mercury to the environment, recycling of waste products and enhanced fleet efficiency;
[2001, c. 695, §1 (amd).]

C. Advise and assist state agencies and state-supported institutions of higher learning in developing environmental compliance audits and plans and in implementing those plans; [2001, c. 695, §1 (amd).]

D. Advise the Governor and the Legislature in the formulation of policies for the effective achievement of initiative goals; and [2001, c. 333, §5 (new).]

E. Ensure that the capital master plan established under Title 5, section 299 is implemented in a manner consistent with the initiative. [2001, c. 333, §5 (new).]

[2001, c. 695, §1 (amd).]

3. Responsibilities of state agencies and state-supported institutions of higher learning. State agencies and state-supported institutions of higher learning shall cooperate with the directors in implementing the initiative and shall provide staff assistance and technical support upon request. In addition, each state agency and state-supported institution of higher learning shall:

A. Complete or demonstrate completion of an audit of its facilities to determine compliance with applicable state and federal environmental laws; [2001, c. 333, §5 (new).]

B. Develop a biennial plan that outlines the actions the agency or state-supported institution of higher learning will take to incorporate compliance efforts and environmentally sustainable practices into its planning and operational functions. To facilitate incorporation into the biennial budget process, these plans for state agencies other than the state-supported institutions of higher learning must be submitted to the directors prior to June 1st of each even-numbered year, beginning in 2002. The plans for state-supported institutions of higher learning must be submitted to the directors prior to June 1st of each odd-numbered year, beginning in 2003; [2001, c. 695, §1 (amd).]

C. Appoint an employee in the agency or state-supported institution of higher learning to be responsible for ensuring the development and implementation of agency activities under the initiative; and [2001, c. 695, §1 (amd).]

D. Establish standards for leasing or building state facilities consistent with the initiative. [2001, c. 333, §5 (new).]

Each agency and state-supported institution of higher learning shall fund costs associated with implementing this initiative from within existing budgeted resources. [2001, c. 695, §1 (amd).]

4. Reporting. The directors shall jointly report on the activities of all state agencies under the initiative to the joint standing committee of the Legislature having jurisdiction over natural resources matters and the joint standing committee of the Legislature having jurisdiction over state government matters. The directors must submit their report no later than January 1, 2006, and biennially thereafter. The report must identify the successes of and the obstacles to implementation of the initiative and may include recommendations for any statutory changes necessary to accomplish the initiative. [2003, c. 551, §4 (amd).]

Section History:
PL 2001,
Ch. 333,
§5 (NEW).
PL 2001,
Ch. 695,
§1 (AMD).
PL 2003,
Ch. 20,
§OO2 (AMD).
PL 2003,
Ch. 20,
§OO4 (AFF).
PL 2003,
Ch. 551,
§4 (AMD).
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Title 38 - §343-I. Smart Tracks for Exceptional Performers and Upward Performers Program

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343-I. Smart Tracks for Exceptional Performers and Upward Performers Program

The Smart Tracks for Exceptional Performers and Upward Performers Program, known as "the STEP-UP Program" and referred to in this section as "the program," is established within the department and administered by the commissioner. In cooperation with program participants, the department shall establish guidelines for the program. The department shall create a contractual relationship between the commissioner and state organizations and businesses to achieve sustainability objectives, including energy and natural resources conservation. For the purposes of the program, "sustainability" means meeting the needs of the present without compromising the ability of future generations to meet their needs. The program must include a variety of sustainability tracks and goals and must be publicized at local and state levels. Beginning January 2006 and biennially thereafter, the department shall report to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the status of the program, progress toward meeting goals and recommended changes to improve the program. [2005, c. 90, §1 (new).]

Section History:
PL 2005,
Ch. 90,
§1 (NEW).
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Title 38 - §343. Regulations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§343. Regulations (REPEALED)

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 694,
§751,752 (AMD).
PL 1983,
Ch. 566,
§3 (RP ).
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Title 38 - §344-A. Outside review of applications

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§344-A. Outside review of applications

The commissioner may enter into agreements with individuals, partnerships, firms and corporations outside the department, referred throughout this section as "outside reviewers," to review applications or portions of applications submitted to the department. The commissioner has sole authority to determine the applications or portions of applications to be reviewed by outside reviewers and to determine which outside reviewer is to perform the review. When selecting an outside reviewer, all other factors being equal, the commissioner shall give preference to an outside reviewer who is a public or quasi-public entity, such as the University of Maine System or the soil and water conservation districts. The commissioner may enter into an agreement with an outside reviewer only with the consent of the applicant and only if the applicant agrees in writing to pay all costs associated with the outside review. [1991, c. 471 (new).]

1. Standards for outside review. Prior to entering into an agreement with an outside reviewer, the commissioner must determine that:

A. The agreement protects the public interest and the interest of the applicant; [1991, c. 471 (new).]

B. The agreement ensures a fair, consistent and adequate review of the application; [1991, c. 471 (new).]

C. The agreement provides the public with the same opportunity to comment on the application as would be provided if the application were reviewed by the department; [1991, c. 471 (new).]

D. The outside reviewer meets the minimum qualification standards established by the commissioner; and [1991, c. 471 (new).]

E. The application can not be reviewed by existing departmental personnel in a reasonable period of time. [1991, c. 471 (new).]

[1991, c. 471 (new).]

2. Qualifications. The commissioner shall establish qualification standards for outside reviewers and shall develop a list of qualified outside reviewers. Standards established by the commissioner must include initial qualification standards and standards ensuring that outside reviewers continue to maintain a high level of scientific and regulatory expertise in one or more relevant areas of knowledge. [1991, c. 471 (new).]

3. Conflict of interest. An outside reviewer may not review any portion of an application submitted by an applicant who directly or indirectly employed the reviewer in any capacity at any time during the 12-month period immediately preceding the submission of the application. An outside reviewer must sign a written agreement with the commissioner not to be employed, directly or indirectly, by any applicant whose application was reviewed by that reviewer for at least 12 months from the date the review of the application is complete. [1991, c. 471 (new).]

4. Penalty. Notwithstanding section 349, any person who knowingly violates subsection 3 is guilty of a Class D crime. Notwithstanding Title 17-A, sections 4-A and 1301, the fine for each violation may not be less than $5,000 nor more than $25,000. [1991, c. 471 (new).]

5. Repeal. [1993, c. 356, §2 (rp).]

Section History:
PL 1991,
Ch. 471,
§ (NEW).
PL 1993,
Ch. 356,
§2 (AMD).
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Title 38 - §344-B. Timetables for processing permit applications

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§344-B. Timetables for processing permit applications

Pursuant to the provisions of this section, the commissioner shall determine and annually publish a processing time for each type of permit or license issued by the department. When establishing processing times for permits or licenses, the commissioner shall take into consideration all duties and responsibilities of the department and the availability of resources. [1991, c. 804, Pt. B, §4 (new); §7 (aff).] div>
The provisions of this section apply only to new permit and license applications. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

1. Publication of timetables. No later than November 1st of each year, the commissioner shall publish processing timetables for each permit and license issued by the department. Permit and license processing timetables must be published simultaneously in all newspapers designated by the Secretary of State as papers of record under Title 5, section 8053, subsection 5. The commissioner shall enter the published processing timetables into the record of the board at the first meeting of the board following publication. Except as provided in this section, the deadline governing the processing of an application is determined by the timetable in effect on the date the application is determined to be complete. [2001, c. 212, §1 (amd).]

2. Consultation. Prior to publishing timetables pursuant to subsection 1, the commissioner shall review the proposed processing timetables with an advisory committee established for that purpose. The commissioner shall appoint the members of the advisory committee. In appointing the members, the commissioner shall seek to appoint a committee that is broadly representative of business, environmental and other interest groups. The purpose of the committee is solely advisory. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

3. Processing period. The processing period for an application begins on the date the commissioner notifies the applicant that the application is complete. Except as provided in paragraph A, the consent of the applicant is required to stop the processing period or to extend the deadline.

A. The processing time for an application stops if:

(1) The commissioner determines that a public hearing is required. Under this subparagraph, the processing period may be stopped only for as long as necessary to accommodate the public hearing process and must commence at the end of the comment period following the public hearing;

(2) The board assumes jurisdiction over an application. If the board assumes jurisdiction over an application, the board shall set a new timetable for the application and shall stop the processing period or extend the deadline subject to the conditions of this subsection. The forfeiture provisions of subsection 5 do not apply to timetables set by the board; or

(3) The commissioner determines that the applicant has significantly modified the application. Under this subparagraph, the processing period is stopped until the applicant and the commissioner agree to a new timetable.
[1991, c. 804, Pt. B, §4 (new); §7 (aff).]

B. The commissioner may stop the processing time with the consent of the applicant for any period of time agreeable to the commissioner and the applicant if the commissioner determines that:

(1) Additional information is required from the applicant;

(2) Agencies other than the department that are required to comment on an application do not respond within the time frames established by a memorandum of understanding between the agencies; or

(3) The applicant wishes to stop the processing period or to extend the deadline.
[1991, c. 804, Pt. B, §4 (new); §7 (aff).]

Expiration of a processing period may not be the sole reason for denial of an application. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

4. Multiple permits. For projects that require more than one permit from the department, the commissioner and the applicant shall determine the timetable or timetables applicable to all permit or license applications required for that project at a presubmission meeting. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

5. Forfeiture. If the commissioner fails to approve or deny an application prior to the applicable deadline, the commissioner shall pay the applicant an amount equal to 50% of the permit or license processing fee. The remainder of the permit or license processing fee is payable to the applicant if the commissioner does not approve or deny the application within 120 calendar days after that deadline. Forfeitures payable under this subsection may not exceed the permit or license processing fee paid by the applicant. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

6. Report. Beginning on January 1, 1994, the commissioner shall report annually to the joint standing committee of the Legislature having jurisdiction over energy and natural resources matters on permitting and licensing activities under this section. The report must include, but is not limited to, a list of the reasons for permit or license extensions and a summary of the number of permit or license extensions required as a result of the failure of an outside agency to provide the department with comments within the required time established by a memorandum of understanding. [1991, c. 804, Pt. B, §4 (new); §7 (aff).]

Section History:
PL 1991,
Ch. 804,
§B4 (NEW).
PL 1991,
Ch. 804,
§B7 (AFF).
PL 2001,
Ch. 212,
§1 (AMD).
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Title 38 - §344. Processing of applications

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§344. Processing of applications

1. Acceptance and notification. The commissioner shall notify the applicant in writing of the official date on which the application was accepted as complete for processing or the reasons the application was not accepted. If a written notice of acceptance or nonacceptance is not mailed to the applicant within 15 working days of receipt of the application, the application is deemed to be accepted as complete for processing on the 15th working day after receipt by the department. If the application is not accepted, the commissioner shall return the application to the applicant with the reasons for nonacceptance specified in writing. Any applicant whose application has not been accepted by the commissioner shall attend a presubmission meeting with the department before resubmitting that application. The commissioner shall notify the board of all applications accepted as complete. An application is acceptable as complete for processing if the application is properly filled out and information is provided for each of the items included on the form. Acceptance of an application as complete for review does not constitute a determination by the department on the sufficiency of that information and does not preclude the department from requesting additional information during processing. The commissioner shall require the applicant to provide notice to the public for each application for a permit or license accepted. The commissioner shall solicit comments from the public for each application in a manner prescribed by the board in the rules.

A. [1989, c. 890, Pt. A, §20 (rp); §40 (aff).]

B. [1989, c. 890, Pt. A, §20 (rp); §40 (aff).]

All correspondence notifying an applicant of denial of an application by the board or commissioner must be by certified mail, return receipt requested. [1991, c. 804, Pt. B, §2 (amd); §7 (aff).]

1-A. Governing rules. An application for a permit, license or approval is processed under the substantive rules in effect on the date the application or request for approval is determined to be complete for processing. Notwithstanding Title 1, section 302, after the Administrator of the United States Environmental Protection Agency ceases issuing permits for discharges of pollutants to waters of this State pursuant to the administrator's authority under Section 402 (c)(1) of the Federal Water Pollution Control Act, as amended, any waste discharge license issued or modified by the State pursuant to its authority to grant permits under the Federal Water Pollution Control Act must comply with State statutory or regulatory requirements that take effect prior to final issuance of that license. [1997, c. 794, Pt. A, §4 (amd).]

2. Delegation. [1989, c. 546, §§5, 6 (amd); c. 890, Pt. A, §21 (rp); §40 (aff).]

2-A. Processing time limits, decisions and appeals. After the commissioner accepts an application for processing, the commissioner may approve, approve with conditions, disapprove or refer the application as follows.

A. The commissioner shall decide as expeditiously as possible if an application meets one or more of the criteria set forth in section 341-D, subsection 2 and shall request that the board assume jurisdiction of that application. If at any subsequent time during the review of an application the commissioner decides that the application falls under section 341-D, subsection 2, the commissioner shall request that the board assume jurisdiction of the application. [1989, c. 890, Pt. A, §22 (new); §40 (aff).]

B. The commissioner shall decide whether an application meets the permit by rule provisions under subsection 7 within 20 working days after notifying the applicant of acceptance of the application. [1989, c. 890, Pt. A, §22 (new); §40 (aff).]

C. For those applications that do not fall under the permit by rule provisions of subsection 7, the commissioner shall decide upon the application pursuant to the provisions of section 344-B. [1991, c. 804, Pt. B, §3 (amd); §7 (aff).]

Any person aggrieved by a final license or permit decision of the commissioner may appeal that decision to the board. The filing of an appeal with the board is not a prerequisite for the filing of a judicial appeal. [1991, c. 804, Pt. B, §3 (amd); §7 (aff).]

2-B. Conflict with federal requirements. The commissioner may waive the time requirements of this section for those activities which require a federal permit or license when those provisions are inconsistent with federal law. [1989, c. 890, Pt. A, §22 (new); §40 (aff).]

3. Time limits for processing applications. [1989, c. 890, Pt. A, §23 (rp); §40 (aff).]

4. Exceptions. [1989, c. 890, Pt. A, §24 (rp); §40 (aff).]

4-A. Draft decisions and commissioner recommendations. Draft permits and licenses and commissioner recommendations are subject to the following provisions.

A. For those applications to be decided by the commissioner that do not fall under the permit by rule provisions of subsection 7, the commissioner shall, if requested by the applicant or any interested party, issue a draft permit or license and shall give reasonable notice to the applicant and to any other person who has notified the commissioner of an interest in the application before the commissioner takes final action on the application. The draft permit or license must be made available to the applicant and to all interested persons at the Augusta and appropriate regional offices of the department at least 5 working days before the commissioner takes final action on the application. [1989, c. 890, Pt. A, §25 (new); §40 (aff).]

REVISON NOTE: In paragraph A in the 2nd and 3rd lines "permit by rule provisions" should be 'permit-by-rule provisions'

B. For those applications to be decided by the board, the commissioner shall provide a summary of the application to the board, all interested governmental agencies and other interested parties in a manner prescribed by the board by rule. The rule must provide at least 10 working days for the receipt of comments on the application prior to the preparation of a draft permit or license. If requested by the applicant or any interested party, the commissioner shall prepare a draft permit or license and shall give reasonable notice of the date the board will act on the application to the applicant and to any other person who has notified the commissioner of an interest in the application. The draft permit or license must be made available to the applicant and to all interested persons at the Augusta and appropriate regional offices of the department at least 15 working days before the board acts on the application. [1989, c. 890, Pt. A, §25 (new); §40 (aff).]

The commissioner may incorporate comments on draft permits at the discretion of the commissioner. The commissioner may make any revised draft available for public comment. If the commissioner decides the draft is substantially revised, the commissioner shall make it available for public comment. [1989, c. 890, Pt. A, §25 (new); §40 (aff).]

5. Reconsideration. [1989, c. 890, Pt. A, §26 (rp); §40 (aff).]

6. Fees. The commissioner may establish reasonable fees for the reproduction of materials in the department's custody, including all or part of any application submitted to the department and any records of public hearings. All such fees may be retained by the department and deposited in the Maine Environmental Protection Fund to reimburse expenses incurred in reproducing these materials. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §3 (amd).]

7. Permit by rule. The Board of Environmental Protection may permit, by rule, any class of activities that would otherwise require the individual issuance of a permit or approval by the board, if the board determines that activities within the class will have no significant impact upon the environment. Any such rule must describe with specificity the class of activities covered by the rule and may establish standards of design, construction or use as may be considered necessary to avoid adverse environmental impacts. Any such rule must require notification to the commissioner prior to the undertaking of the regulated activity. The commissioner shall annually review activities requiring permits or approval from the department to determine whether any additional classes of activities are more effectively administered under a permit by rule system. As part of this review, the commissioner shall solicit public comments on recommendations for activities to be included under permit by rule and shall review the performance of the existing permit by rule program, including a review of the compliance record of the permit by rule program. The commissioner shall annually recommend to the board any additional categories of permits for the board to permit by rule. [1991, c. 804, Pt. A, §3 (amd).]

8. Effective date of license. Except as provided in this subsection, a license granted by the commissioner is effective when the commissioner signs the license. The commissioner may attach a condition to the license requiring up to a 30-day delay in any physical alteration of the project area and any construction activity authorized by the license. A license granted by the board is effective when the chair of the board or the chair's designee signs the license. [1989, c. 890, Pt. A, §27 (new); §40 (aff).]

9. License renewals and transfers. For purposes of this section, a request for a license or permit renewal or transfer is considered an application. [1989, c. 890, Pt. A, §27 (new); §40 (aff).]

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 694,
§753,754 (AMD).
PL 1983,
Ch. 453,
§1-4 (AMD).
PL 1983,
Ch. 779,
§1 (AMD).
PL 1985,
Ch. 589,
§1 (AMD).
PL 1985,
Ch. 746,
§7-9 (AMD).
PL 1987,
Ch. 274,
§1,2 (AMD).
PL 1989,
Ch. 546,
§5,6 (AMD).
PL 1989,
Ch. 890,
§A20-27,40,B3 (AMD).
PL 1991,
Ch. 183,
§ (AMD).
PL 1991,
Ch. 804,
§A3,B2,3 (AMD).
PL 1991,
Ch. 804,
§B7 (AFF).
PL 1997,
Ch. 794,
§A4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §345-A. Hearings

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§345-A. Hearings

1. Hearings. [1989, c. 890, Pt. A, §28 (rp); §40 (aff).]

1-A. Department hearings. The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title. [1989, c. 890, Pt. A, §29 (new); §40 (aff).]

2. Maine Administrative Procedure Act. Except as provided elsewhere, all hearings of the department must be conducted in accordance with the procedural requirements of the Maine Administrative Procedure Act, Title 5, chapter 375. [1989, c. 890, Pt. A, §30 (amd); §40 (aff).]

2-A. Intervenor procedures. The board shall adopt rules that define the procedures and scope of participation for intervenors. [1991, c. 804, Pt. A, §4 (new).]

3. Fees. The Commissioner of Environmental Protection may establish fees which recover the expenses entailed in providing notice to interested persons required by this section or reproducing all or any part of the record of any hearings for the applicant or interested persons. [1983, c. 566, § 6 (new).]

4. Subpoena power. The board and commissioner may each issue subpoenas to compel the production of books, records and other data related to the matters in issue at any hearing. If any person served with a subpoena demonstrates to the satisfaction of the issuer of the subpoena that the production of the information would, if made public, divulge methods or processes which are entitled to protection as trade secrets, the information shall be disclosed only at a nonpublic portion of the hearing and shall be confidential and not available for public inspection. If any person fails or refuses to obey such a subpoena, the issuer of the subpoena may apply to any Justice of the Superior Court for an order compelling that person to comply with the subpoena. The Superior Court may issue an order and may punish failure to obey the order as civil contempt. [1985, c. 746, § 10 (new).]

Section History:
PL 1983,
Ch. 566,
§6 (NEW).
PL 1983,
Ch. 743,
§3 (AMD).
PL 1985,
Ch. 589,
§2 (AMD).
PL 1985,
Ch. 746,
§10 (AMD).
PL 1989,
Ch. 890,
§A28-30,40 (AMD).
PL 1991,
Ch. 804,
§A4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §345. Hearings (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§345. Hearings (REPEALED)

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 694,
§755-757 (AMD).
PL 1981,
Ch. 524,
§16 (AMD).
PL 1983,
Ch. 566,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §346. Judicial appeals

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§346. Judicial appeals

1. Appeal to Superior Court. Except as provided in section 347-A, subsection 3, any person aggrieved by any order or decision of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court shall be taken in accordance with Title 5, chapter 375, subchapter VII. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §4 (amd).]

2. [1977, c. 694, § 759 (rp).]

2-A. Appeal. Any party to the appeal in the Superior Court under this section may obtain review by appeal to the Supreme Judicial Court sitting as the law court. The appeal shall be taken as in other civil cases. [1977, c. 696, § 342 (new).]

3. Limitation. [2001, c. 232, §4 (rp).]

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 694,
§758,759 (AMD).
PL 1977,
Ch. 696,
§342 (AMD).
PL 1989,
Ch. 890,
§A40,B4 (AMD).
PL 2001,
Ch. 232,
§4 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §347-A. Violations

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§347-A. Violations

1. General procedures. This subsection sets forth procedures for enforcement actions.

A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation of this Title, of rules adopted under this Title or of the terms or conditions of a license, permit or order issued by the board or the commissioner, the commissioner may initiate an enforcement action by taking one or more of the following steps:

(1) Resolving the violation through an administrative consent agreement pursuant to subsection 4, signed by the violator and approved by the board and the Attorney General;

(2) Referring the violation to the Attorney General for civil or criminal prosecution;

(3) Scheduling and holding an enforcement hearing on the alleged violation pursuant to subsection 2; or

(4) With the prior approval of the Attorney General, commencing a civil action pursuant to section 342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3.
[2003, c. 245, §5 (amd).]

B. Before initiating a civil enforcement action pursuant to paragraph A, the commissioner shall issue a notice of violation to the person or persons the commissioner considers likely to be responsible for the alleged violation or violations. The notice of violation must describe the alleged violation or violations, to the extent then known by the commissioner; cite the applicable law, rule and term or condition of the license, permit or order alleged to have been violated; and provide time periods for the alleged violator to take necessary corrective action and to 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. The commissioner is not required to issue a notice of violation before issuing an emergency order pursuant to subsection 3 or other applicable provision of this Title; nor is the commissioner required to issue a notice of violation before referring an alleged violation to the Attorney General for criminal prosecution or in a matter requiring immediate enforcement action. [1993, c. 204, §1 (rpr).]

C. [1993, c. 204, §1 (rp).]

D. [1993, c. 204, §1 (rp).]

[2003, c. 245, §5 (amd).]

2. Hearings. The commissioner shall give at least 30 days' written notice to the alleged violator of the date, time and place of any hearing held pursuant to subsection 1, paragraph A, subparagraph (3). The notice must specify the act or omission which is claimed to be in violation of law or regulation. Any hearing conducted under the authority of this subsection must be in accordance with the provisions of Title 5, chapter 375, subchapter IV. At the hearing, the alleged violator may appear in person or by attorney and answer the allegations of violation and file a statement of the facts, including the methods, practices and procedures, if any, adopted or used by that person to comply with this chapter and present such evidence as may be pertinent and relevant to the alleged violation. After hearing, or in the event of a failure of the alleged violator to appear on the date set for a hearing, the commissioner shall, as soon as practicable, make findings of fact based on the record and, if the commissioner finds that a violation exists, shall issue an order aimed at ending the violation. The person to whom an order is directed shall immediately comply with the terms of that order. [1999, c. 127, Pt. A, §54 (amd).]

3. Emergency orders. Whenever it appears to the commissioner, after investigation, that there is a violation of the laws or regulations the department administers or of the terms or conditions of any of the department's orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to the environment, the commissioner may order the person or persons causing or contributing to the hazard to immediately take such actions as are necessary to reduce or alleviate the danger. Service of a copy of the commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. In the event that the persons are so numerous that the specified method of service is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner shall make the order known through prominent publication or announcement in news media serving the affected area. The person to whom the order is directed shall comply with the order immediately. The order may not be appealed to the Superior Court in the manner provided in section 346, but within 48 hours after receipt of the order the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order was directed. The decision of the board may be appealed to the Superior Court in the manner provided by section 346. [2005, c. 330, §5 (amd).]

4. Administrative consent agreements. Following issuance of a notice of violation pursuant to subsection 1 and after receipt of the alleged violator's response to that notice or expiration of the time period specified in the notice for a response, in situations determined by the commissioner appropriate for further enforcement action, the commissioner may send a proposed administrative consent agreement to the alleged violator or violators.

A. Except as otherwise expressly agreed to by the Attorney General, all proposed administrative consent agreements must be reviewed and approved by the Department of the Attorney General before being sent to the alleged violator. [1993, c. 204, §2 (new).]

B. All proposed administrative consent agreements sent to the alleged violator must be accompanied by written correspondence from the department, in language reasonably understandable to a citizen, explaining the alleged violator's rights and responsibilities with respect to the proposed administrative consent agreement. The correspondence must include an explanation of the factors considered by the commissioner in determining the proposed civil penalty, a statement indicating that the administrative consent agreement process is a voluntary mechanism for resolving enforcement matters without the need for litigation and an explanation of the department's procedures for handling administrative consent agreements. The correspondence must also specify a reasonable time period for the alleged violator to respond to the proposed administrative consent agreement and offer the opportunity for a meeting with department staff to discuss the proposed agreement. Consent agreements shall, to the greatest extent possible, clearly set forth all the specific requirements or conditions with which the alleged violator must comply. [1995, c. 123, §3 (amd).]

C. After a proposed administrative consent agreement has been sent to the alleged violator, the commissioner may revise and resubmit the agreement if further circumstances become known to the commissioner, including information provided by the alleged violator, that justify a revision. [1993, c. 204, §2 (new).]

D. The public may make written comments to the board at the board's discretion on an administrative consent agreement entered into by the commissioner and approved by the board. [1993, c. 204, §2 (new).]

E. When the department and the alleged violator can not agree to the terms of a consent agreement and the department elects to bring an enforcement action in District Court pursuant to section 342, subsection 7, the District Court shall refer the parties to mediation if either party requests mediation at or before the time the alleged violator appears to answer the department's complaint. The parties must meet with a mediator appointed by the Court Alternative Dispute Resolution Service created in Title 4, section 18-B at least once and try in good faith to reach an agreement. After the first meeting, mediation must end at the request of either party. If the parties have been referred to mediation, the action may not be removed to Superior Court until after mediation has occurred. [1995, c. 560, Pt. I, §16 (amd).]

[1995, c. 560, Pt. I, §16 (amd).]

5. Enforcement. All orders of the department may be enforced by the Attorney General. If any order of the department is not complied with, the commissioner shall immediately notify the Attorney General. [1989, c. 890, Pt. A, §32 (new); §40 (aff).]

6. Public participation in enforcement settlements. After the State receives authority to grant permits under the Federal Water Pollution Control Act, 33 United States Code, 1982, Section 1251 et seq., as amended, in any civil enforcement action brought under this section, section 348 or 349 involving discharges regulated by the Federal Water Pollution Control Act, the department shall publish notice of and provide at least 30 days for public comment on any proposed settlement as follows.

A. In the case of administrative consent agreements, the proposed agreement must be filed with the board and notice of the filing must be placed on the board's agenda at least 30 days before the board takes any action on the agreement. The Attorney General and the department shall receive and consider, and the department shall provide the board with summaries of, any written comments relating to the proposed agreement. [1997, c. 794, Pt. A, §5 (new).]

B. In the case of judicial enforcement, each proposed judgment by consent must be filed with the court at least 30 days before the judgment is entered by the court. Prior to the entry of judgment, notices of the proposed judgment must be published in a newspaper having general circulation in the area in which the alleged violation occurred, and the Attorney General and the department shall receive and consider, and file with the court, any written comments relating to the proposed judgment. [1997, c. 794, Pt. A, §5 (new).]

C. The Attorney General shall reserve the right to withdraw or withhold its consent to the proposed judgment if the comments, views or allegations concerning the judgment disclose facts or considerations that indicate that the proposed judgment is inappropriate, improper or inadequate and oppose an attempt by any person to intervene in the action. When the public interest in this notification process is not compromised, the Attorney General may permit an exception to publication as set forth in this section in a specific case where extraordinary circumstances require a period shorter than 30 days or a notification procedure other than that set forth in this section. [1997, c. 794, Pt. A, §5 (new).]

[1997, c. 794, Pt. A, §5 (new).]

7. Landowner liability for actions of others. An owner, lessee, manager, easement holder or occupant of premises is not subject to criminal sanctions or civil penalties or forfeitures for a violation of laws or rules enforced by the department or the board if that person provides substantial credible evidence that the violation was committed by another person other than a contractor, employee or agent of the owner, lessee, manager, easement holder or occupant. This subsection does not prevent the department, the board or a court from requiring an owner, lessee, manager, easement holder or occupant of premises to remediate or abate environmental hazards or damage or to reimburse the department for the cost of such remediation or abatement. An owner, lessee, manager, easement holder or occupant of premises is subject to criminal sanctions or civil penalties or forfeitures for failure to comply with a lawful administrative order or court order to remediate or abate environmental hazards or damage.

A. The department shall investigate substantiated allegations by an owner, lessee, manager, easement holder or occupant that the violation was caused by another person. [2001, c. 365, §2 (new).]

B. If an owner, lessee, manager, easement holder or occupant is subjected to criminal sanctions or civil penalties or forfeitures, or if such a person is required to remediate or abate environmental hazards or damage as a result of violations by another person, the owner, lessee, manager, easement holder or occupant has a cause of action against the actual violator to recover all damages and costs, including attorney's fees, incurred in connection with the environmental damage, and all costs, including attorney's fees, incurred in bringing the action to recover. [2001, c. 365, §2 (new).]

C. This subsection does not apply to persons who are defined as "responsible parties" under chapter 3, subchapters II-A and II-B; chapter 13, subchapter II-A; or chapter 13-B. [2001, c. 365, §2 (new).]

[2001, c. 365, §2 (new).]

Section History:
PL 1989,
Ch. 311,
§4 (NEW).
PL 1989,
Ch. 890,
§A31,32,40 (AMD).
PL 1993,
Ch. 204,
§1,2 (AMD).
PL 1995,
Ch. 123,
§3,4 (AMD).
PL 1995,
Ch. 560,
§I16 (AMD).
PL 1997,
Ch. 794,
§A5 (AMD).
PL 1999,
Ch. 127,
§A54 (AMD).
PL 2001,
Ch. 365,
§2 (AMD).
PL 2003,
Ch. 245,
§5 (AMD).
PL 2005,
Ch. 330,
§5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §347-B. Modification, revocation or suspension of license (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§347-B. Modification, revocation or suspension of license (REPEALED)

Section History:
PL 1989,
Ch. 311,
§4 (NEW).
PL 1989,
Ch. 890,
§A33,40 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §347-C. Right of inspection and entry

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§347-C. Right of inspection and entry

Employees and agents of the Department of Environmental Protection may enter any property at reasonable hours and enter any building with the consent of the property owner, occupant or agent, or pursuant to an administrative search warrant, in order to inspect the property or structure, including the premises of an industrial user of a publicly owned treatment works, and to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the commissioner or of the board. [1997, c. 794, Pt. A, §6 (amd).]

Section History:
PL 1989,
Ch. 311,
§4 (NEW).
PL 1989,
Ch. 890,
§A40,B5 (AMD).
PL 1997,
Ch. 794,
§A6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §347. Violations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§347. Violations (REPEALED)

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 694,
§760 (AMD).
PL 1979,
Ch. 444,
§1,2 (AMD).
PL 1983,
Ch. 566,
§7,8 (AMD).
PL 1983,
Ch. 743,
§4 (AMD).
PL 1983,
Ch. 796,
§16 (AMD).
PL 1985,
Ch. 496,
§A3 (AMD).
PL 1985,
Ch. 746,
§11 (AMD).
PL 1987,
Ch. 810,
§7,8,11 (AMD).
PL 1989,
Ch. 311,
§3 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §348. Judicial enforcement

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§348. Judicial enforcement

1. General. In the event of a violation of any provision of the laws administered by the department or of any order, regulation, license, permit, approval or decision of the board or commissioner or decree of the court, as the case may be, the Attorney General may institute injunction proceedings to enjoin any further violation thereof, a civil or criminal action or any appropriate combination thereof without recourse to any other provision of law administered by the department. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §6 (amd).]

2. Restoration. The court may order restoration of any area affected by any action or inaction found to be in violation of any provision of law administered by the department or of any order, rule, regulation, license, permit, approval or decision of the board or commissioner or decree of the court, as the case may be, to its condition prior to the violation or as near thereto as may be possible. Where the court finds that the violation was wilful, the court shall order restoration under this subsection unless the restoration will:

A. Result in a threat or hazard to public health or safety; [1983, c. 796, § 17 (new).]

B. Result in substantial environmental damage; or [1983, c. 796, § 17 (new).]

C. Result in a substantial injustice. [1983, c. 796, § 17 (new).]

[1989, c. 890, Pt. A, §40 (aff); Pt. B, §6 (amd).]

3. Injunction proceedings. If the department finds that the discharge, emission or deposit of any materials into any waters, air or land of this State constitutes a substantial and immediate danger to the health, safety or general welfare of any person, persons or property the department shall forthwith request the Attorney General to initiate immediate injunction proceedings to prevent such discharge. The injunction proceedings may be instituted without recourse to the issuance of an order, as provided for in section 347-B. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §6 (amd).]

4. Settlement. A person who has resolved that person's liability to the State in an administrative or judicially approved settlement and is implementing or has fully implemented that settlement pursuant to its terms is not liable for claims by other potentially liable persons regarding response actions, response costs or damages, including without limitation natural resource damages, addressed in the settlement. The settlement does not discharge any other potentially liable persons unless its terms so provide. The protection afforded by this subsection includes protection against contribution claims and all other types of claims under state law that may be asserted against the settling party for recovery of response costs or damages incurred or paid by another potentially liable person, if those actions, costs or damages are addressed in the settlement, but does not include protection against claims based on contractual indemnification or other express contractual agreements to pay the costs or damages. A potentially liable person who commences an action against a person who is protected from suits under this subsection is liable to the person against whom the claim is brought for all reasonable costs of defending against the claim, including all reasonable attorney's and expert witness fees. This section is not intended to create a right to contribution or other cause of action or to make a person liable to pay a portion of another person's response costs, damages or civil penalties. [1993, c. 732, Pt. A, §1 (new).]

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1983,
Ch. 796,
§17 (AMD).
PL 1989,
Ch. 890,
§A40,B6 (AMD).
PL 1993,
Ch. 732,
§A1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §349-A. Mining rules

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§349-A. Mining rules

The board and the Maine Land Use Regulation Commission shall jointly adopt or amend rules necessary to regulate nonferrous metal mining by February 1, 1991. The commissioner and the Maine Land Use Regulation Commission shall convene a joint task force composed of 3 members from each agency to carry out the duties of this section. Any consultants hired must be jointly chosen by both the commissioner and the Director of the Maine Land Use Regulation Commission. Any rules adopted pursuant to this section must include reclamation requirements for a nonferrous metal mining site. [1989, c. 874, §1 (new).]

Section History:
PL 1989,
Ch. 874,
§1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §349. Penalties

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 1: ORGANIZATION AND POWERS

§349. Penalties

1. Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2264-A, commits a Class E crime. Notwithstanding Title 17-A, section 1301, the fine for a violation of this subsection may not be less than $2,500 and not more than $25,000 for each day of the violation, except that the minimum amount for knowing violations is $5,000 for each day of violation. This subsection does not apply to actions subject to the criminal penalties set forth in section 1319-T. [2003, c. 452, Pt. W, §2 (amd); Pt. X, §2 (aff).]

2. Civil penalties. Except as otherwise specifically provided, a person who violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a commercial purpose, in violation of Title 17, section 2265-A, is subject to a civil penalty, payable to the State, of not less than $100 and not more than $10,000 for each day of that violation or, if the violation relates to hazardous waste, of not more than $25,000 for each day of the violation. This penalty is recoverable in a civil action. [2003, c. 452, Pt. W, §3 (amd); Pt. X, §2 (aff).]

2-A. Supplemental environmental projects. In settling a civil enforcement action for any violation of any of the provisions of the laws administered by the department, including, without limitation, a violation of the terms or conditions of any order, rule, license, permit, approval or decision of the board or commissioner, the parties may agree to a supplemental environmental project that mitigates not more than 80% of the assessed penalty. "Supplemental environmental project" means an environmentally beneficial project primarily benefiting public health or the environment that a violator is not otherwise required or likely to perform.

A. An eligible supplemental environmental project is limited to the following categories:

(1) Pollution prevention projects that eliminate all or a significant portion of pollutants at the point of generation;

(2) Pollution reduction projects that significantly decrease the release of pollutants into a waste stream at the point of discharge to a point significantly beyond levels required for compliance;

(3) Environmental enhancement projects in the same ecosystem or geographic area of the violation that significantly improve an area beyond what is required to remediate any damage caused by the violation that is the subject of the enforcement action;

(4) Environmental awareness projects substantially related to the violation that provide training, publications or technical support to members of the public regulated by the department;

(5) Scientific research and data collection projects that advance the scientific basis on which regulatory decisions are made;

(6) Emergency planning and preparedness projects that assist state or local emergency response and planning entities in preparing or responding to emergencies; and

(7) Public health projects that provide a direct and measurable benefit to public health.
[1997, c. 570, §1 (new).]

B. Supplemental environmental projects may not be used for the following situations:

(1) Repeat violations of the same or a substantially similar law administered by the department by the same person;

(2) When a project is required by law;

(3) If the violator had previously planned and budgeted for the project;

(4) To offset any calculable economic benefit of noncompliance;

(5) If the violation is the result of reckless or intentional conduct; or

(6) If the project primarily benefits the violator.

Any settlement that includes a supplemental environmental project must provide that expenditures are not tax deductible and are ineligible for certification as tax exempt pollution control facilities pursuant to Title 36, chapters 105 and 211. [1997, c. 570, §1 (new).]

[1997, c. 570, §1 (new).]

3. Falsification and tampering. A person may not knowingly:

A. Make a false statement, representation or certification in an application, record, report, plan or other document filed or required to be maintained by any law administered by the department or by any order, rule, license, permit, approval or decision of the board or commissioner; [2003, c. 452, Pt. W, §4 (new); Pt. X, §2 (aff).]

B. Tamper with or render inaccurate a monitoring device or method required by any law or by any order, rule, license, permit, approval or decision of the board or commissioner; or [2003, c. 452, Pt. W, §4 (new); Pt. X, §2 (aff).]

C. Fail to comply with an information submittal required by the commissioner pursuant to section 568, subsection 3 or section 1364, subsection 3. [2003, c. 452, Pt. W, §4 (new); Pt. X, §2 (aff).]

A person who violates this subsection commits a Class E crime. Notwithstanding Title 17-A, section 1301, a fine for a violation of this subsection may not be more than $10,000. [2003, c. 452, Pt. W, §4 (rpr); Pt. X, §2 (aff).]

4. Violations. [1987, c. 402, Pt. A, §195 (rp).]

5. Considerations. In setting a penalty, the court shall consider, but shall not be limited to, the following:

A. Prior violations by the same party; [1983, c. 796, §19 (new).]

B. The degree of environmental damage that cannot be abated or corrected; [1983, c. 796, §19 (new).]

C. The extent to which the violation continued following an order of the commissioner or board to correct it; and [1989, c. 890, Pt. A, §40 (aff); Pt. B, §8 (amd).]

D. The importance of setting a civil penalty substantial enough to deter others from similar violations. [1983, c. 796, §19 (new).]

[1989, c. 890, Pt. A, §40 (aff); Pt. B, §8 (amd).]

6. Maximum penalties. The maximum civil penalty may exceed $10,000 for each day of that violation, but may not exceed $25,000 for each day of the violation, when it can be shown that there has been a previous violation of the same law by the same party within the 5 preceding years, and the maximum criminal penalty may exceed $25,000 for each day of violation, but may not exceed twice the amounts in subsection 1, when it can be shown that there has been a previous violation of the same law by the same party. [1997, c. 794, Pt. A, §8 (amd).]

7. Notification. The commissioner shall notify all newspapers of general circulation in the State of all administrative consent agreements, court-ordered consent decrees and adjudicated violations involving laws administered by the department. [1989, c. 110 (new); c. 890, Pt. A, §40 (aff); Pt. B, §9 (amd).]

8. Economic benefit. If the economic benefit resulting from the violation exceeds the applicable penalties under subsection 2, the maximum civil penalties may be increased for each day of the violation. The maximum civil penalty may not exceed an amount equal to twice the economic benefit resulting from the violation. The court shall consider as economic benefit, without limitation, the costs avoided or enhanced value accrued at the time of the violation by the violator not complying with the applicable legal requirements. [1989, c. 282, §5 (new).]

9. Unavoidable malfunctions. The following considerations apply to violations resulting from unavoidable malfunctions.

A. The commissioner may exempt from civil penalty an air emission in excess of license limitations if the emission occurs during start-up or shutdown or results exclusively from an unavoidable malfunction entirely beyond the control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption under this subsection. In the event of an unavoidable malfunction, the licensee must notify the commissioner in writing within 48 hours and submit a written report, together with any exemption requests, to the department on a quarterly basis. [2003, c. 245, §6 (amd).]

B. An affirmative defense is established for a wastewater discharge in excess of license limitations if the discharge results exclusively from unintentional and temporary noncompliance with technology-based limitations because of factors entirely beyond the reasonable control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any discharge and takes corrective action as soon as possible. There is not an affirmative defense if the malfunction is caused, entirely or in part, by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance or careless or improper operation. The burden of proof is on the licensee seeking the affirmative defense under this subsection. In the event of an unavoidable malfunction, the licensee must notify the commissioner orally within 24 hours, and in writing within 5 days. [2003, c. 245, §6 (amd).]

[2003, c. 245, §6 (amd).]

Section History:
PL 1977,
Ch. 300,
§9 (NEW).
PL 1977,
Ch. 510,
§89-91 (AMD).
PL 1979,
Ch. 127,
§207 (AMD).
PL 1979,
Ch. 663,
§226 (AMD).
PL 1979,
Ch. 699,
§1,2 (AMD).
PL 1981,
Ch. 470,
§A162 (AMD).
PL 1983,
Ch. 566,
§9 (AMD).
PL 1983,
Ch. 785,
§8 (AMD).
PL 1983,
Ch. 796,
§18,19 (AMD).
PL 1985,
Ch. 162,
§2,3 (AMD).
PL 1985,
Ch. 485,
§1,2 (AMD).
PL 1985,
Ch. 746,
§12 (AMD).
PL 1987,
Ch. 402,
§A195 (AMD).
PL 1987,
Ch. 491,
§3 (AMD).
PL 1987,
Ch. 517,
§3 (AMD).
PL 1989,
Ch. 110,
§ (AMD).
PL 1989,
Ch. 282,
§2-5 (AMD).
PL 1989,
Ch. 820,
§9,10 (AMD).
PL 1989,
Ch. 890,
§A40,B7-9 (AMD).
PL 1991,
Ch. 483,
§1 (AMD).
PL 1993,
Ch. 232,
§1 (AMD).
PL 1993,
Ch. 349,
§71 (AMD).
PL 1995,
Ch. 235,
§1 (AMD).
PL 1997,
Ch. 570,
§1 (AMD).
PL 1997,
Ch. 794,
§A7-9 (AMD).
PL 2003,
Ch. 245,
§6 (AMD).
PL 2003,
Ch. 452,
§W2-4 (AMD).
PL 2003,
Ch. 452,
§X2 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §351. Maine Environmental Protection Fund

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§351. Maine Environmental Protection Fund

The Maine Environmental Protection Fund, referred to in this subchapter as the fund, is established as a nonlapsing fund to supplement licensing programs administered by the Department of Environmental Protection. All fees established under this subchapter shall be credited to the fund, and administrative expenses directly related to licensing programs shall be charged to the fund, except that in fiscal year 1984, $41,250 shall be deposited in the General Fund. [1983, c. 574, § 1 (new).] div>
Money in the fund not currently needed to meet the obligations of the department in the exercise of its responsibilities under its licensing programs shall be deposited with the Treasurer of State to the credit of the fund and may be invested in as provided by statute. Interest on these investments shall be credited to the fund. [1983, c. 574, § 1 (new).] div>
Money in the fund may only be expended in accordance with allocations approved by the Legislature. These allocations shall be based on estimates of the actual costs necessary for the department to administer licensing and permitting programs. Allowable expenditures include Personal Services, All Other and Capital Expenditures associated with prelicense or permit activities such as application reviews, public hearings and appeals, the actual license or permit processing activities and associated post-license or permit compliance activities required to assure continued licensee or permittee compliance and enforcement activities as a result of license or permit noncompliance. [1987, c. 787, § 5 (amd).] div>
The commissioner may, subject to the approval of the Governor, apply for, accept on behalf of the State and deposit to the fund, funds, grants, bequests, gifts or contributions from any person, corporation or governmental entity. The funds must be allocated by the Legislature and expended consistent with the purposes of the department as established in section 341-A. [1991, c. 9, Pt. E, §27 (new).]

Section History:
PL 1983,
Ch. 574,
§1 (NEW).
PL 1987,
Ch. 192,
§8 (AMD).
PL 1987,
Ch. 787,
§5 (AMD).
PL 1991,
Ch. 9,
§E27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §352. Fees

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§352. Fees

1. Fees established. The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications. For the purposes of this subchapter, costs may include, but are not limited to, personnel costs, travel, supplies, legal and computer services. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §10 (amd).]

2. Fee categories. Fees shall be assessed for the following.

A. Except for those fees assessed under sections 353-A and 353-B, processing fees must be assessed for costs incurred in determining the acceptability of an application for processing and in processing an application to determine whether it meets statutory and regulatory criteria. [1997, c. 794, Pt. B, §1 (amd).]

B. [1987, c. 419, §5 (rp).]

C. Except for those fees assessed under sections 353-A and 353-B, licensing fees must be assessed for direct costs incurred in monitoring, inspecting and sampling to ensure proper compliance by a licensee. [1997, c. 794, Pt. B, §2 (amd).]

D. Certification fees shall be assessed for direct costs incurred in issuing a certification. [1985, c. 746, §13 (new).]

E. The air emission license fees assessed under section 353-A for those facilities licensed under section 590 must be assessed to support activities for the Bureau of Air Quality Control including licensing, compliance, enforcement, monitoring, data acquisition and administration. [1991, c. 384, §3 (new); §16 (aff).]

F. Waste discharge license fees assessed under section 353-B for facilities licensed under Title 36, section 656 and sections 362-A, 413, 418, 451 and 1101 must be used to support activities for water quality control operations, including licensing, compliance evaluation, monitoring, data acquisition, data management and administration. [1997, c. 794, Pt. B, §3 (amd).]

G. The license, notice, registration and certification fees administered by the department under this Title must be doubled at the time an application is submitted if it is received after the date on which submission is required by law. This increase may be reduced at the commissioner's discretion with a showing of mitigating circumstances. [2005, c. 330, §6 (new).]

[2005, c. 330, §6 (amd).]

2-A. Fee adjustment. The commissioner may adjust the fees established in this subchapter on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. These adjustments may be compounded and assessed at an interval greater than one year if the commissioner determines that such periodic increases lower administrative costs for the department and continue effective public service. [1999, c. 243, §1 (amd).]

3. Maximum fee. The commissioner shall set the actual fees and shall publish a schedule of all fees by November 1st of each year. If the commissioner determines that a particular application, by virtue of its size, uniqueness, complexity or other relevant factors, is likely to require significantly more costs than those listed on Table I, the commissioner may designate that application as subject to special fees. A special fee may not exceed $75,000. Such a designation must be made at, or prior to, the time the application is accepted as complete and may not be based solely on the likelihood of extensive public controversy. All department staff who have worked on the review of the application shall submit quarterly reports to the commissioner detailing the time spent on the application and all expenses attributable to the application. The processing fee for that application must be the actual cost to the department. The applicant must be billed quarterly and all fees paid prior to receipt of the permit. [2001, c. 212, §2 (amd).]

4. Accounting system. [1991, c. 499, §11 (rp).]

4-A. Maximum fees for nonferrous metal mining. Notwithstanding the fees for mining established in subsections 4 and 5, the maximum fees for nonferrous metal mining are as follows:

A. The preapplication fee is $20,000 until the one-time allocation made pursuant to section 1319-E, subsection 1, paragraph F, has been repaid. Thereafter the preapplication fee is $10,000; [1989, c. 874, §2 (new).]

B. The processing fee is $30,000; and [1989, c. 874, §2 (new).]

C. The annual license fee is $10,000. [1989, c. 874, §2 (new).]

[1989, c. 874, §2 (new).]

5. Maximum fees after 1991. [1991, c. 824, Pt. A, §82 (rp).]

5-A. Accounting system. In order to determine the extent to which the functions set out in this section are necessary for the licensing process or are being performed in an efficient and expeditious manner, the commissioner shall require that all employees of the department involved in any aspect of these functions keep accurate and regular daily time records. These records must describe the matters worked on, services performed and the amount of time devoted to those matters and services, as well as amounts of money expended in performing those functions. Records must be kept for a sufficient duration of time as determined by the commissioner to establish to the commissioner's satisfaction that the fees are appropriate. TABLE I MAXIMUM FEES IN DOLLARS TITLE 36 PROCESSING CERTIFICATION SECTION FEE FEE 656, sub-§1, _E, Pollution Control Facilities

A. Water pollution $250 $20
div>
control facilities div>
with capacities at div>
least 4,000 gallons div>
of waste per day and div>
§1760, sub-§29, water div>
pollution control div>
facilities

B. Air pollution 250 20
div>
control and §1760, div>
sub-§30, air pollution div>
control facilities p align="center">TITLE 38 PROCESSING LICENSE p align="center">SECTION FEE FEE p align="center">344, sub-§7, Permit by rule $50 $0 p align="center">413, Waste discharge licenses See section 353-B p align="center">480-E, Natural resources p align="center">protection

A. Any alteration of a 140 50
div>
protected natural resource, div>
except coastal wetlands and div>
coastal sand dunes, causing div>
less than 20,000 square feet div>
of alteration of the resource

B. Any alteration of a 240 60
div>
coastal wetland causing less div>
than 20,000 square feet of div>
alteration of the resource

C. Any alteration of a .015sq. ft. .005sq. ft.
div>
protected natural alteration alteration div>
resource, except coastal div>
sand dunes, causing 20,000 div>
square feet or more of div>
alteration of the resource

D. Any alteration of a 3,500 1,500
div>
coastal sand dune

E. Condition compliance 84 0

F. Minor modification 184 0 485-A, Site location of development

A. Residential subdivisions

1. Affordable housing 50lot 50lot

2. On public water and
div>
sewers 175lot 175lot

3. All Other 250lot 250lot

B. Industrial parks 460lot 460lot

C. Mining 1,500 1,000

D. Structures 4,000 2,000

E. Other 1,000 1,000 543, Oily waste discharge 40 160 560, Vessels at anchorage 125 100 587, Ambient air quality 5,050 50 or emissions standards variances 590, Air emissions licenses See section 353-A 633, Hydropower projects

A. New or expanded 450MW 50MW
div>
generating capacity

B. Maintenance and 150 50
div>
repair or other div>
structural alterations div>
not involving an div>
increase in generating div>
capacity p align="center">33 United States Code, p align="center">Chapter 26, Water Quality p align="center">Certifications, in conjunction p align="center">with applications for p align="center">hydropower project licensing p align="center">or relicensing

A. Initial consultation 1,000 0

B. Second consultation 1,000 0

C. Application

1. Storage 1,000 0

2. Generating 300MW 50MW 1304, Waste management

A. Septage disposal

1. Site designation 50 25

B. Land application of
div>
sludges and residuals div>
program approval

1. Industrial sludge 400 400

2. Municipal sludge 300 275

3. Bioash 300 275

4. Wood ash 300 75

5. Food waste 300 75

6. Other residuals 300 175

C. Landfill

1. Closing plans for 1,500 1,500
div>
secure landfills

2. Closing plans for 500 500
div>
attenuation landfills

3. Post-closure report 175 175
div>
div>
Post-closure report

4. Preliminary 175 175
div>
information reports

5. License transfers 500 175

6. Special waste
div>
disposal

a. One-time 50 50
div>
disposal of div>
quantities of div>
6 cubic yards or div>
less

b. One-time 100 100
div>
disposal of div>
quantities greater div>
than 6 cubic yards

c. Program approval 300 300
div>
for routine disposal div>
of a special waste

7. Minor revision for 600 100
div>
secure land fills

8. Minor revision for 100 100
div>
attenuation landfills

9. Public benefit 175 175
div>
determination

D. Incineration facility

2. License transfer 175 175

E. License transfer other 100 100
div>
than for landfills and div>
incinerators

F. Minor revision for septage 100 100
div>
facilities and solid div>
waste facilities other than div>
landfills

G. Permit by rule for 100 100
div>
one-time activities p align="center">TABLE II p align="center">WASTE MANAGEMENT FEES - ANNUAL LICENSE p align="center">MAXIMUM FEES IN DOLLARS div>
ANNUAL p align="center">TITLE 38 PROCESSING LICENSE p align="center">SECTION FEE FEE p align="center">1304, Waste management

A. Septage disposal

1. Landspreading $550 $250

2. Storage 50 75

B. Residuals compost facility

1. Type I 150 150

3. Type II and Type III 700 500
div>
less than 3,500 cubic yards

5. Type II and Type III 1,400 850
div>
3,500 cubic yards or greater

C. Land application of
div>
sludges and residuals

1. Sites with program
div>
approval

a. Industrial sludge 150 250

b. Municipal sludge 75 200

c. Bioash 75 200

d. Wood ash 50 125

e. Food waste 50 125

f. Other residuals 50 125

2. Sites without program
div>
approval

a. Industrial sludge 300 550

b. Municipal sludge 150 250

c. Bioash 150 250

d. Wood ash 75 200

e. Food waste 75 200

f. Other 75 200 1310-N, Solid waste facility siting

A. Landfill

1. Existing, nonsecure 3,500 1,000
div>
municipal solid waste div>
landfills accepting waste div>
from fewer than 15,000 div>
people

2. Existing, nonsecure 3,500 3,500
div>
municipal solid waste div>
landfills accepting div>
waste from more than div>
15,000 people

3. New or expanded for 5,000 8,500
div>
secure landfill

5. Nonsecure wood 700 750
div>
waste or demolition debris div>
landfills, or both, div>
if less than or equal to div>
6 acres

B. Incineration facilities

1. New or expanded for the
div>
acceptance of municipal or div>
special wastes, or both 3,500 5,000

2. Municipally owned and
div>
operated solid waste div>
incinerators with licensed div>
capacity of 10 tons per day div>
or less 3,500 1,000

C. Transfer station 750 175
div>
and storage facility

D. Tire 400 450
div>
storage facility

F. Processing facility 700 700
div>
other than municipal solid div>
waste composting

G. Beneficial use
div>
activities other than agronomic div>
utilization

3. Fuel substitution 700 500

4. Beneficial use without 700 200
div>
risk assessment

5. Beneficial use with 1,400 500
div>
risk assessment

H. Permit by rule for ongoing 100 100
div>
activities [1999, c. 731, Pt. Z, §1 (amd).]

5-B. Accounting system. [1995, c. 462, Pt. A, §73 (rp).]

6. Reporting requirements. The commissioner shall report, before February 1st of each year, to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the effects of the license fee increases on department efficiency and license and permit processing time. That report must include a summary for the previous fiscal year of revenues and expenses by activity within the Maine Environmental Protection Fund. [1993, c. 735, §6 (amd).]

Section History:
PL 1983,
Ch. 574,
§1 (NEW).
PL 1983,
Ch. 743,
§5 (AMD).
PL 1985,
Ch. 746,
§13,14 (AMD).
PL 1987,
Ch. 180,
§1 (AMD).
PL 1987,
Ch. 419,
§4-7 (AMD).
PL 1987,
Ch. 787,
§6-10 (AMD).
PL 1989,
Ch. 405,
§1 (AMD).
PL 1989,
Ch. 502,
§A167 (AMD).
PL 1989,
Ch. 874,
§2 (AMD).
PL 1989,
Ch. 890,
§A40,B10-12 (AMD).
PL 1991,
Ch. 384,
§1-4 (AMD).
PL 1991,
Ch. 384,
§16 (AFF).
PL 1991,
Ch. 499,
§11-13 (AMD).
PL 1991,
Ch. 528,
§RRR (AFF).
PL 1991,
Ch. 528,
§U1,2 (AMD).
PL 1991,
Ch. 591,
§U1,2 (AMD).
PL 1991,
Ch. 824,
§A82,C4 (AMD).
PL 1993,
Ch. 356,
§3,4 (AMD).
PL 1993,
Ch. 370,
§2 (AMD).
PL 1993,
Ch. 378,
§2,3 (AMD).
PL 1993,
Ch. 410,
§G1 (AMD).
PL 1993,
Ch. 410,
§G2 (AFF).
PL 1993,
Ch. 632,
§1,2 (AMD).
PL 1993,
Ch. 632,
§3 (AFF).
PL 1993,
Ch. 735,
§13 (AFF).
PL 1993,
Ch. 735,
§2-6 (AMD).
PL 1995,
Ch. 173,
§1 (AMD).
PL 1995,
Ch. 462,
§A73 (AMD).
PL 1995,
Ch. 493,
§1 (AMD).
PL 1995,
Ch. 642,
§3 (AMD).
PL 1995,
Ch. 704,
§A1 (AMD).
PL 1995,
Ch. 704,
§C2 (AFF).
PL 1997,
Ch. 374,
§1,2 (AMD).
PL 1997,
Ch. 624,
§1 (AMD).
PL 1997,
Ch. 794,
§B1-4 (AMD).
PL 1999,
Ch. 243,
§1,2 (AMD).
PL 1999,
Ch. 385,
§1,2 (AMD).
PL 1999,
Ch. 468,
§3 (AMD).
PL 1999,
Ch. 731,
§Z1 (AMD).
PL 2001,
Ch. 212,
§2 (AMD).
PL 2005,
Ch. 330,
§6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §353-A. Annual air emissions license fees

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§353-A. Annual air emissions license fees

1. Fees assessed. After the effective date of this section, a licensee must pay an annual fee assessed on the sum of all licensed allowable air pollutants, except for carbon monoxide, as follows:
div>
Annual licensed emissions Per ton fee div>
in tons div>
1 - 1,000 $5 div>
1,001 - 4,000 $10 div>
over 4,001 $15 [1993, c. 412, §1 (amd); §10 (aff).]

1-A. Annual fee surcharge. Beginning November 1, 1994, a licensee shall pay an annual fee surcharge of $10 per every 1,000 air quality units as defined in section 582, subsection 11-E. [1993, c. 412, §2 (new).]

2. Fee adjustment. The commissioner may adjust the per ton fees, the annual fee surcharge set forth in subsection 1-A and the maximum and minimum fees set forth in subsection 4 on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. [1997, c. 374, §3 (amd).]

3. Schedule. The fee for existing licenses must be paid on the anniversary date of the license. This date, once established, remains the scheduled date for paying the annual fee, regardless of future changes of the anniversary date. The annual fee for new applications must be estimated and paid at the time of filing the application. When the processing of the application is complete, the final annual fee is determined. Any additional amount is due prior to the issuance of the license. Any overpayment must be refunded. If the application is denied, 50% of the initial annual fee must be refunded. The effective date of the license becomes the anniversary date. [1993, c. 412, §3 (amd).]

4. Maximum and minimum fees. The minimum annual fee is $250 per year. The maximum annual fee is $150,000 per year. Beginning November 1, 1994, the minimum annual fee surcharge is $100 per year and the maximum annual fee surcharge is $50,000 per year. The commissioner may reduce any fee required under the federal Clean Air Act Amendments of 1990 to take into account the financial resources of a small business stationary source as defined in section 343-D, subsection 1. [1993, c. 500, §3 (amd); §5 (aff).]

5. Transition for existing licenses. A licensee of a source in existence on the effective date of this section may request a revision to that license to reduce the sum of the licensed allowable air pollutants. [1991, c. 384, §8 (new); §16 (aff).]

6. Electrical generating facilities. [1999, c. 657, §22 (rp).]

7. Renewals and amendments. There are no additional fees assessed for license renewals or amendments. [1991, c. 384, §8 (new); §16 (aff).]

8. Nonpayment of fee. Failure to pay the annual fee within 30 days of the anniversary date of a license is sufficient grounds for revocation of the license under section 341-D, subsection 3. [1991, c. 384, §8 (new); §16 (aff).]

9. Funds used solely for air pollution control activities. The money collected from the annual air emission fees must be used solely for air pollution control activities. [1993, c. 412, §4 (new).]

Section History:
PL 1991,
Ch. 384,
§16 (AFF).
PL 1991,
Ch. 384,
§8 (NEW).
PL 1993,
Ch. 412,
§1-4 (AMD).
PL 1993,
Ch. 412,
§10 (AFF).
PL 1993,
Ch. 500,
§3 (AMD).
PL 1993,
Ch. 500,
§5 (AFF).
PL 1997,
Ch. 374,
§3 (AMD).
PL 1999,
Ch. 657,
§22 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §353-B. Annual waste discharge license fees

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§353-B. Annual waste discharge license fees

1. Fees assessed. After the effective date of this section, licensees must pay annual waste discharge license fees consisting of a base or minimum plus amounts from paragraph B, reflecting the quantity of pollutants actually discharged or licensed to be discharged and paragraph C, in consideration of the potential for water quality impact.

A. A base fee is assessed for the categories of waste discharge licenses identified in subsection 2, paragraph A. When a license authorizes discharges in more than one category, only the largest base fee may be applied to the license. When discharge fees described in paragraph B are not applicable or appropriate for a particular license group or discharge activity, only the base fee is assessed. [1997, c. 794, Pt. B, §7 (new).]

B. In addition to the base fee amount, fees are assessed in consideration of the quantity and nature of pollutants discharged. When data are available, average daily discharge quantities are used in computing fees for conventional and nonconventional pollutants discharged from publicly owned sanitary and industrial process wastewater sources. When data are not available and for other pollutants and categories, fees are determined using the discharge limits established in a waste discharge license. [1997, c. 794, Pt. B, §7 (new).]

C. In addition to the base and discharge fees described in paragraphs A and B, fees may be assessed for the following.

(1) The base fee may be increased by a factor reflecting the initial dilution of an effluent as discharged to the receiving water. This assessment is applied to publicly owned sanitary and industrial process wastewater sources licensed for more than 50,000 gallons per day and having initial dilutions of less than 1,000 to one. The assessment is determined by multiplying the applicable base fee times 1.5 divided by the square root of the chronic dilution factor.

(2) When a license authorizes multiple discharge points from the same location, there is an additional fee of $35 per discharge point.
[1997, c. 794, Pt. B, §7 (new).]

D. If there are no discharges pursuant to a waste discharge license during an entire year, only the base fee is assessed for that year plus applicable water quality impact and multiple discharge points adjustments from paragraph C may be assessed. [1997, c. 794, Pt. B, §7 (new).]

[1997, c. 794, Pt. B, §7 (new).]

2. Maximum fee amounts and rates. Waste discharge license fees are as set out in this section.

A. The base and maximum fees that may be assessed to categories of discharge activities are as follows.

div>
Base fee Maximum fee p align="center">Discharge Group not to for individual div>
exceed in group p align="center">Publicly owned annual fee $175 none p align="center">treatment facilities, p align="center">greater than 6,000 p align="center">gallons per day but p align="center">less than 5 million p align="center">gallons per day and p align="center">no significant p align="center">industrial waste p align="center">Publicly owned annual fee $60 $180 p align="center">treatment facilities, p align="center">6,000 gallons per day p align="center">or less p align="center">Publicly owned annual fee $770 none p align="center">treatment facilities, p align="center">greater than 5 million p align="center">gallons per day or p align="center">with significant p align="center">industrial waste p align="center">Major industrial annual fee $1,850 none p align="center">facility, process p align="center">wastewater (based p align="center">on EPA list of p align="center">major source p align="center">discharges) p align="center">Other industrial annual fee $630 none p align="center">facility, process p align="center">wastewater p align="center">Food handling or annual fee $315 $2,100 p align="center">packaging waste- p align="center">water p align="center">Fish rearing annual fee $230 $1,400 p align="center">facility p align="center">Noncontact cooling annual fee $90 $7,000 p align="center">water p align="center">Industrial or annual fee $115 $2,100 p align="center">commercial sources, p align="center">miscellaneous or p align="center">incidental non- p align="center">process wastewater p align="center">Municipal combined annual fee $115 $1,400 p align="center">sewer overflow p align="center">Sanitary annual fee $60 $1,200 p align="center">wastewater, p align="center">excluding p align="center">overboard discharge p align="center">Sanitary annual fee $210 $1,200 p align="center">overboard p align="center">discharge, p align="center">commercial p align="center">sources p align="center">Sanitary annual fee $175 --- p align="center">overboard p align="center">discharge, p align="center">residential p align="center">sources 600 p align="center">gallons per day p align="center">and less p align="center">Sanitary annual fee $200 $600 p align="center">overboard p align="center">discharge, p align="center">residential p align="center">sources more p align="center">than 600 p align="center">gallons per p align="center">day p align="center">Sanitary annual fee $210 $500 p align="center">overboard p align="center">discharge, p align="center">public p align="center">sources p align="center">Aquatic pesticide annual fee' $200 --- p align="center">application p align="center">Snow dumps annual fee' $125 --- p align="center">Salt and sand annual fee' $150 --- p align="center">storage pile p align="center">Log storage permit annual fee' $200 --- p align="center">General permit annual fee' $100 --- p align="center">coverage p align="center">Experimental license fee' $500 --- p align="center">discharge license p align="center">Mixing zone, in flat fee' $4,000 --- p align="center">addition to other p align="center">applicable fees p align="center">Formation of flat fee' $300 --- p align="center">sanitary district p align="center">Transfer of license flat fee' $100 --- p align="center">for residential or p align="center">commercial sanitary p align="center">wastewater p align="center">'Discharge or license quantity fees do not apply to these categories. p align="center">When a license authorizes multiple discharge points in different categories in the same license, the total maximum fee for the license may not exceed the maximum fee for the most significant category plus 12 of the maximum fee for each of the other applicable categories. [2003, c. 246, §1 (amd).]p align="center">B. The annual rate per unit for various pollutants and groups of discharges used in computing discharge and license quantity fees may not exceed the limits set out in this paragraph. When a license authorizes the discharge of pollutants fitting more than one category, the appropriate fee is due for each group and type of pollutant. p align="center">License group or type of pollutant Rate p align="center">Conventional pollutants, $1.25 per pound p align="center">license rate p align="center">Conventional pollutants, $2.40 per pound p align="center">discharge rate p align="center">Conventional pollutants, $0.55 per pound p align="center">primary treatment only p align="center">Conventional pollutants, $0.05 per pound p align="center">food handling or packing p align="center">facilities p align="center">Nonconventional or toxic Variable' p align="center">pollutants p align="center">Heat (as licensed flow x $0.045 per million BTU p align="center">temperature x 8.34) p align="center">Flow: fish rearing $45 per million gallons p align="center">facilities p align="center">Flow: combined sewer $55 per million gallons p align="center">overflows (based on p align="center">treatment facility design) p align="center">Flow: nonprocess from $175 per million gallons p align="center">industrial or commercial p align="center">sources p align="center">Flow: publicly owned $630 per million gallons p align="center">treatment facilities, p align="center">greater than 6,000 p align="center">gallons per day p align="center">Flow: process from $630 per million gallons p align="center">industrial or p align="center">commercial sources p align="center">Flow: treated storm water $17.50 per million gallons p align="center">Flow: sanitary, from $0.02 per gallon p align="center">commercial sources p align="center">excluding overboard p align="center">discharge p align="center">Flow: from publicly $0.02 per gallon p align="center">owned facilities, p align="center">6,000 gallons per p align="center">day or less p align="center">Flow: sanitary from $0.05 per gallon p align="center">overboard discharge p align="center">'The license rate per pound is $10.50 divided by the licensed effluent concentration in miligrams per liter. The discharge rate per pound is $21 divided by the licensed effluent concentration in miligrams per liter. p align="center">For the purposes of this section, the term "conventional pollutant" means oxygen-demanding compounds, suspended or dissolved solids, oil and grease. The term "nonconventional pollutants" means other chemical constituents subject to fees. Excluded from fees are the following: pH, residual chlorine, settleable solids, bacteria, whole effluent toxicity tests, color, any compound without numeric license limitations and effluent concentrations reported as being below acceptable detection limits. p align="center">Annual discharge or license quantity fees may be calculated using either pounds of pollutants or allowable flow, as is most appropriate for the circumstances of a particular discharge category, situation or location. License limits may be supplemented by applications and related supporting materials when necessary to calculate effluent quantities or concentrations. [2001, c. 230, §1 (amd).] [2003, c. 246, §1 (amd).]

3. Schedule. The fee for existing licenses must be paid on the anniversary date of the license or another date initially established by the department. This date, once established, remains the scheduled date for paying the annual fee, regardless of future changes of the anniversary date. The annual fee for new applications must be estimated and paid at the time of filing the application. When the processing of the application is complete or following the first year of discharge, if applicable, the final annual fee is determined. Any additional amount due or refund of overpayment must be paid within 30 days of determination of the final fee. If the application is denied, 50% of the initial annual fee must be refunded. [1997, c. 794, Pt. B, §7 (new).]

4. Renewals, amendments and modifications. Except for transfers of licenses for discharges of sanitary wastewater from commercial or residential sources as provided for in subsection 2, there are no additional fees assessed for license renewals, amendments or modifications. [1997, c. 794, Pt. B, §7 (new).]

5. Nonpayment of fees. Failure to pay an annual fee within 30 days of the anniversary date of a license is sufficient grounds for revocation of the license, permit or privilege under section 341-D, subsection 3. [1997, c. 794, Pt. B, §7 (new).]

6. Initial year fee rates. Notwithstanding subsection 2, paragraph B, during the first year after the effective date of this section, the following discharge fee rates must be used in computing annual waste discharge license fees. All other provisions of subsection 2 apply. License group or type of pollutant Rate Conventional pollutants, license rate $1.00 per pound Conventional pollutants, discharge $1.90 per pound rate Conventional pollutants, primary $0.45 per pound treatment only Conventional pollutants, food handling $0.04 per pound or packing facilities Nonconventional or toxic pollutants Variable' Heat (as licensed flow x $0.036 per million temperature x 8.34) BTU Flow: fish rearing facilities $36 per million
div>
gallons p align="center">Flow: combined sewer overflows $45 per million p align="center">(based on treatment facility gallons p align="center">design) p align="center">Flow: nonprocess from industrial $140 per million p align="center">or commercial sources gallons p align="center">Flow: publicly owned treatment $500 per million p align="center">facilities gallons p align="center">Flow: process from industrial or $500 per million p align="center">commercial sources gallons p align="center">Flow: treated storm water $14 per million div>
gallons p align="center">Flow: sanitary from commercial $0.02 per gallon p align="center">sources p align="center">Flow: sanitary from residential $0.02 per gallon p align="center">sources p align="center">Flow: sanitary from publicly owned $0.02 per gallon p align="center">facilities less than 6,000 gallons p align="center">per day p align="center">'The license rate per pound is $8.40 divided by the licensed effluent concentration. The discharge rate per pound is $16.80 divided by the licensed effluent concentration. [1997, c. 794, Pt. B, §7 (new).]

Section History:
PL 1997,
Ch. 794,
§B7 (NEW).
PL 2001,
Ch. 230,
§1 (AMD).
PL 2003,
Ch. 246,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §353-C. Borrow pit and mining fees

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§353-C. Borrow pit and mining fees

Fees received under chapter 3, subchapter 1, article 7 and article 8-A must be deposited in the Maine Environmental Protection Fund and are governed by the general provisions of this subchapter. [2003, c. 673, Pt. GG, §1 (new).]

Section History:
PL 2003,
Ch. 673,
§GG1 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §353. Payment of fees

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§353. Payment of fees

1. Filing fee. [1987, c. 419, §8 (rp).]

1-A. Preapplication fee for nonferrous metal mining. The preapplication fee for nonferrous metal mining must be paid upon submission of a base line monitoring plan to the department for review and approval. Any preapplication fee received by the department must be transferred from the fund to the Maine Hazardous Waste Fund until the one-time allocation made pursuant to section 1319-E, subsection 1, paragraph F, has been repaid. For the purposes of this subsection, "base line monitoring plan" means a monitoring plan that defines the existing site conditions for a specific location and must include, but is not limited to, characterizations of the following resources: wildlife, surface and ground water quality and quantity and air quality. [1989, c. 874, §3 (new).]

2. Processing fee. Except for annual air emission fees pursuant to section 353-A and annual waste discharge fees pursuant to section 353-B, a processing fee must be paid at the time of filing the application. Failure to pay the processing fee at the time of filing the application results in the application being returned to the applicant. One-half the processing fee assessed in section 352, subsection 5-A for licenses issued for a 10-year term must be paid at the time of filing the application. The remaining 12 of the processing fee for licenses issued for a 10-year term must be paid 5 years after issuance of the license. The commissioner may not refund the processing fee if the application is denied by the board or the commissioner. If the application is withdrawn by the applicant within 30 days of the start of processing, the processing fee must be refunded, except in the case of nonferrous metal mining applications. If an application for nonferrous metal mining is withdrawn by the applicant within 30 days of the date of filing, 12 of the application fee must be refunded. [1997, c. 794, Pt. B, §5 (amd).]

3. License fee. The license fee must be paid at the time of filing the application. Failure to pay the license fee at the time of filing results in the application being returned to the applicant. One-half the processing fee assessed in section 352, subsection 5-A for licenses issued for a 10-year term must be paid at the time of filing the application. The remaining 12 of the processing fee for licenses issued for a 10-year term must be paid 5 years after issuance of the license. The commissioner shall refund the license fee if the board or commissioner denies the application or if the application is withdrawn by the applicant. Notwithstanding the provisions of this subsection, the license fee for a subdivision must be paid prior to the issuance of the license. The license fees for nonferrous metal mining must be paid annually on the anniversary date of the license for the life of the project, up to and including the period of closure and reclamation. The license fee for a solid waste facility must be paid annually. Failure to pay the annual fee within 30 days of the anniversary date of a license is sufficient grounds for modification, revocation or suspension of the license under section 341-D, subsection 3, paragraph A. [1997, c. 624, §2 (amd).]

3-A. Certification fee. A certification fee must be paid prior to the issuance of any certification. If the certification is withdrawn or denied, the commissioner shall refund the certification fee. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §13 (amd).]

4. Duplicate fees. The commissioner may not assess applicants for direct costs associated with filing, processing or licensing if those costs were previously assessed as the result of the filing, processing or licensing of separate but related applications. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §13 (amd).]

4-A. Hydropower projects; refiling for certification. Notwithstanding any other provision of this section, a person refiling an application for state certification of a hydropower project under Section 401 of the Federal Water Pollution Control Act is not required to pay a license or processing fee at the time the same application is refiled if, in order to avoid a waiver of the State's certification authority:

A. The applicant withdrew the application at the written request of the commissioner; or [1993, c. 332, §1 (new).]

B. The commissioner denied the application. [1993, c. 332, §1 (new).]

[1993, c. 332, §1 (new).]

5. Renewals or amendments. As set forth in sections 353-A and 353-B, except for renewals or amendments issued under sections 413 and 590, the processing fee for renewals or amendments is equal to direct costs up to 12 the processing fee for initial applications. The license fee for renewals is identical to the initial license fee. The license fee for amendments may not exceed the initial license fee. [1997, c. 794, Pt. B, §6 (amd).]

6. Application determined unacceptable for processing. An application determined unacceptable for processing that has been returned to the applicant may be resubmitted to the commissioner within 60 days of the date the application was returned. If the application is resubmitted after the 60-day period has transpired, the resubmitted application is considered a new application and the appropriate processing fees are assessed. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §13 (amd).]

7. Fees for minor revisions. All fees assessed for the costs of processing permits issued in accordance with section 344, subsection 7, must be paid in full when the notification is submitted to the commissioner. All fees for any minor license or permit revision must be paid in full when the request for the revision is submitted to the commissioner. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §13 (amd).]

8. Processing fee for certification. The processing fee for certification must be assessed on the actual direct costs incurred by the department, but may not be greater than the processing fee found in Table I, section 352. The processing fee is due according to subsection 2. Upon completion of processing, when direct costs are less than the processing fee found in section 352 in Table I, a refund must be made to the applicant. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §13 (amd).]

Section History:
PL 1983,
Ch. 574,
§1 (NEW).
PL 1983,
Ch. 743,
§6,7 (AMD).
PL 1985,
Ch. 162,
§4 (AMD).
PL 1985,
Ch. 746,
§15,16 (AMD).
PL 1987,
Ch. 419,
§8 (AMD).
PL 1987,
Ch. 787,
§11 (AMD).
PL 1989,
Ch. 874,
§3-5 (AMD).
PL 1989,
Ch. 890,
§A40,B13 (AMD).
PL 1991,
Ch. 66,
§A4,5 (AMD).
PL 1991,
Ch. 384,
§16 (AFF).
PL 1991,
Ch. 384,
§5-7 (AMD).
PL 1993,
Ch. 332,
§1 (AMD).
PL 1993,
Ch. 410,
§G3,4 (AMD).
PL 1993,
Ch. 735,
§7 (AMD).
PL 1995,
Ch. 462,
§A74 (AMD).
PL 1997,
Ch. 624,
§2 (AMD).
PL 1997,
Ch. 794,
§B5,6 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §354. Federal programs

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND

§354. Federal programs

Notwithstanding section 352, if the department is required by federal law to issue any certificate, permit or license, the commissioner shall establish a fee schedule identical to the federal program that is most like the state program. If there are no similar state programs, the commissioner shall adopt the appropriate fee schedule based upon identified costs including liaison costs. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §14 (amd).]

Section History:
PL 1983,
Ch. 574,
§1 (NEW).
PL 1989,
Ch. 890,
§A40,B14 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §355. Lake Environmental Protection Fund

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 3: LAKE ENVIRONMENTAL PROTECTION FUND (HEADING: PL 1987, c. 349, Pt. H, @28 (new))

§355. Lake Environmental Protection Fund

The Lake Environmental Protection Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund to assist the municipalities of the State in defraying legal expenses which may be incurred as a result of the regulation of land use activities and the enforcement of land use laws and ordinances in lake watersheds. The fund consists of such money as is appropriated to it from time to time by the Legislature. It is administered by the department and the money in it deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §15 (amd).]

Section History:
PL 1987,
Ch. 349,
§H28 (NEW).
PL 1989,
Ch. 890,
§A40,B15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §356. Disbursements

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 3: LAKE ENVIRONMENTAL PROTECTION FUND (HEADING: PL 1987, c. 349, Pt. H, @28 (new))

§356. Disbursements

The fund is available to compensate the municipalities of the State for legal expenses, including court costs, attorneys' fees and expert and other witness fees, incurred in the enforcement of local land use laws and ordinances affecting great ponds and the defense of regulatory actions taken pursuant to such land use laws and ordinances. The State shall provide 75% of a municipality's legal expenses which must be matched with a 25% local share, except that no single municipality may receive more than $25,000 from the fund in any fiscal year. For purposes of this subchapter, "land use laws and ordinances" means those laws and ordinances enumerated in Title 30-A, section 4452, subsection 5. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §16 (amd).]

Section History:
PL 1987,
Ch. 349,
§H28 (NEW).
PL 1987,
Ch. 769,
§A171 (AMD).
PL 1989,
Ch. 890,
§A40,B16 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §357. Procedure

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 3: LAKE ENVIRONMENTAL PROTECTION FUND (HEADING: PL 1987, c. 349, Pt. H, @28 (new))

§357. Procedure

Within 90 days of the completion of litigation or settlement for which compensation for legal expenses is available under section 356, a municipality may apply to the commissioner for reimbursement of those expenses that have not been awarded to it by the court and paid pursuant to Title 30-A, section 4452, subsection 3, paragraph D. The commissioner shall make an award of compensation that the commissioner determines to be just under the circumstances. In order to be awarded compensation, it is not necessary that the municipality prevail in the litigation or the settlement, but only that its position be determined by the commissioner to have been reasonable. Awards are made on a first-come first-served basis. [1989, c. 890, Pt. A, §40 (aff); Pt. B, §17 (amd).]

Section History:
PL 1987,
Ch. 349,
§H28 (NEW).
PL 1987,
Ch. 884,
§C4 (AMD).
PL 1989,
Ch. 890,
§A40,B17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §358. Maine Pollution Prevention Fund

Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 4: MAINE POLLUTION PREVENTION FUND (HEADING: PL 1991, c. 520, @2 (new))

§358. Maine Pollution Prevention Fund

1. Fund established. The Maine Pollution Prevention Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund administered by the commissioner for the purpose of strengthening environmental protection in the State through pollution prevention activities and methods. The money deposited with the Treasurer of State to the credit of the fund may be invested as provided by law. Interest on these investments is credited to the fund. [1991, c. 520, §2 (new).]

2. Fund sources. The fund may receive money from the following sources:

A. Contributions from other entities, both public and private; and [1991, c. 520, §2 (new).]

B. Registration and associated fees for pollution prevention workshops held by the commissioner. [1991, c. 520, §2 (new).]

[1991, c. 520, §2 (new).]

3. Purposes. Money in the fund may be used to establish and support pollution prevention programs and activities. This fund may:

A. Support the Toxics Use, Toxics Release and Hazardous Waste Reduction Program established under chapter 26; and [1991, c. 520, §2 (new).]

B. Support functions and activities of the Office of Pollution Prevention as outlined in section 342, subsection 4. [1991, c. 520, §2 (new).]

[1991, c. 520, §2 (new).]

Section History:
PL 1991,
Ch. 520,
§2 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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