Maine § 38 §342 Commissioner, duties

Maine Statutes

§ 38 §342 — Commissioner, duties

Maine·Title 38 WATERS AND NAVIGATION·Ch. 2 DEPARTMENT OF ENVIRONMENTAL PROTECTION

The Commissioner of Environmental Protection has the following duties.
1.
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 c

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The Commissioner of Environmental Protection has the following duties.
1.
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.
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.
3.
3-A.
Negotiating agreements.
The commissioner may negotiate and enter into agreements with federal, state and municipal agencies.
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.
5.
Designation of deputy commissioner.
5-A.
Designation of deputy commissioner and directors.
The commissioner may employ, to serve at the commissioner's pleasure, the following:
6.
Technical services.
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. The commissioner may authorize licensed Maine attorneys with active bar status who are employees of the department and certified employees of the department to represent a municipality in an action to obtain an administrative search warrant to allow entry of a local plumbing inspector onto property without the consent of the property owner in order to inspect a subsurface waste water disposal system in an area designated by the department as provided in section 424‑A, subsection 3, paragraph 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.
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:
9.
Rules.
The commissioner may submit to the board new or amended rules for its adoption.
10.
Consultants.
The commissioner may contract with or otherwise employ consultants for services necessary to carry out duties under this Title.
11.
Administrative duties for the board.
The commissioner shall meet the administrative requirements of the board including bookkeeping, expense reimbursement and payroll matters.
11-A.
Recommendations and assistance to board.
The commissioner shall make recommendations to the board regarding proposed rules; permit and license applications over which the board has jurisdiction; modification or corrective action on licenses; appeals of license and permit decisions; enforcement actions; and other matters considered by the board. The commissioner shall also provide the board with the technical services of the department.
11-B.
Revoke or suspend licenses and permits.
Notwithstanding Title 5, section 10051, after written notice and opportunity for a hearing pursuant to Title 5, chapter 375, subchapter 4, the commissioner may revoke or suspend a license whenever the commissioner finds that:
11-C.
Modification or corrective action.
The commissioner may recommend that the board modify or take corrective action on a license in accordance with section 341‑D, subsection 3.
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:
13.
Agricultural impacts.
The commissioner shall notify and regularly inform the Commissioner of Agriculture, Conservation and Forestry on proposed legislation or rules that may affect agricultural activity.
14.
Environmental priorities report.
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.
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.
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.

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Legislative History

PL 1971, c. 618, §8 (NEW). PL 1977, c. 564, §134 (AMD). PL 1977, c. 596, §1 (AMD). PL 1981, c. 526, §1 (AMD). PL 1983, c. 483, §§1-3 (AMD). PL 1983, c. 536 (AMD). PL 1983, c. 566, §2 (AMD). PL 1983, c. 743, §2 (AMD). PL 1983, c. 796, §15 (AMD). PL 1985, c. 746, §§4-6 (AMD). PL 1985, c. 785, §B177 (AMD). PL 1985, c. 819, §§B6,7 (AMD). PL 1987, c. 205 (AMD). PL 1987, c. 419, §3 (AMD). PL 1987, c. 787, §4 (AMD). PL 1987, c. 816, §Z4 (AMD). PL 1989, c. 836, §3 (AMD). PL 1989, c. 869, §A2 (AMD). PL 1989, c. 890, §§A14-18 (AMD). PL 1989, c. 890, Pt. A, §40 (AFF). PL 1989, c. 890, §§B1,B2 (AMD). PL 1991, c. 66, §§A1-3 (AMD). PL 1991, c. 499, §9 (AMD). PL 1991, c. 499, §26 (AFF). PL 1991, c. 520, §1 (AMD). PL 1991, c. 804, §§A2,C2 (AMD). RR 1993, c. 2, §37 (COR). PL 1993, c. 355, §3 (AMD). PL 1993, c. 735, §1 (AMD). PL 1995, c. 560, §§E3,4 (AMD). PL 1997, c. 296, §10 (AMD). PL 1999, c. 127, §A53 (AMD). PL 1999, c. 784, §8 (AMD). PL 2001, c. 333, §4 (AMD). PL 2003, c. 245, §§3,4 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 568, §7 (AMD). PL 2009, c. 579, Pt. B, §5 (AMD). PL 2009, c. 579, Pt. B, §13 (AFF). PL 2011, c. 304, Pt. H, §§15-17 (AMD). PL 2011, c. 538, §§2, 3 (AMD). PL 2011, c. 657, Pt. W, §6 (REV). PL 2017, c. 92, §1 (AMD). PL 2017, c. 92, §2 (AFF). PL 2017, c. 137, Pt. A, §4 (AMD). PL 2019, c. 315, §§6, 7 (AMD). RR 2021, c. 2, Pt. A, §129 (COR). PL 2023, c. 139, §3 (AMD). PL 2023, c. 510, §1 (AMD). PL 2025, c. 390, Pt. A, §58 (AMD).