LD 527
pg. 1
LD 527 Title Page An Act to Amend Certain Laws Administered by the Department of Environmental Pr... Page 2 of 2
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LR 834
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §344-B, sub-§1, as enacted by PL 1991, c. 804, Pt. B,
§4 and affected by §7, is amended to read:

 
1. Publication of timetables. No later than August 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.

 
Sec. 2. 38 MRSA §352, sub-§3, as amended by PL 1999, c. 243, §2, is
further amended to read:

 
3. Maximum fee. The commissioner shall set the actual fees
and shall publish a schedule of all fees by August 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.

 
Sec. 3. 38 MRSA §569-A, sub-§5-A, as enacted by PL 1999, c. 334, §3,
is amended to read:

 
5-A. Penalty for late payment of fees. Fees assessed under
subsection 5, paragraph A are due to the department on or before
the last day of the month immediately following the month in
which the oil was transferred or first transported in Maine.
Licensees or registrants who fail to pay the fee by that date
shall pay an additional amount equal to 10% of the amount
assessed under subsection 5. The department may waive the


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