§ 38 §344 — Processing of applications

Maine § 38 §344

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION

Text

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. A reason for nonacceptance of an application may include, but is not limited to, submission of the application after the activity requiring a permit or license pursuant to this Title has begun if the applicant knowingly violated a requirement to obtain the permit or license for the activity or the applicant, within the 5 years immediately preceding the submission of the application, violated a requirement to obtain a permit or license pursuant to this Title. 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, except for permit by rule notifications, waste transporter applications and occupational licenses.
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.
2.
Delegation.
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.
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.
3.
Time limits for processing applications.
4.
Exceptions.
4-A.
Draft decisions and commissioner recommendations.
Draft permits and licenses and commissioner recommendations are subject to the following provisions.
5.
Reconsideration.
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.
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.
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.
9.
License or permit renewals, amendments, revisions, condition compliance, surrenders and transfers.
For purposes of this section, a request for a license or permit renewal, amendment, revision, condition compliance, surrender or transfer is considered an application that, unless specifically exempted by law, is subject to a decision by the department.
10.
Voluntary surrender.
Unless otherwise provided in this Title or rules adopted pursuant to this Title, a license may be voluntarily surrendered by the license holder upon department approval.

Legislative History

PL 1977, c. 300, §9 (NEW). PL 1977, c. 694, §§753,754 (AMD). PL 1983, c. 453, §§1-4 (AMD). PL 1983, c. 779, §1 (AMD). PL 1985, c. 589, §1 (AMD). PL 1985, c. 746, §§7-9 (AMD). PL 1987, c. 274, §§1,2 (AMD). PL 1989, c. 546, §§5,6 (AMD). PL 1989, c. 890, §§A20-27, B3 (AMD). PL 1989, c. 890, Pt. A, §40 (AFF). PL 1991, c. 183 (AMD). PL 1991, c. 804, §§A3,B2,3 (AMD). PL 1991, c. 804, §B7 (AFF). PL 1997, c. 794, §A4 (AMD). PL 2007, c. 661, Pt. B, §5 (AMD). PL 2009, c. 121, §5 (AMD). PL 2009, c. 615, Pt. E, §3 (AMD). PL 2011, c. 120, §2 (AMD). PL 2011, c. 304, Pt. H, §18 (AMD). PL 2011, c. 538, §4 (AMD). PL 2013, c. 325, §4 (AMD). PL 2015, c. 264, §1 (AMD). PL 2023, c. 45, §1 (AMD). PL 2023, c. 139, §4 (AMD). PL 2023, c. 509, §1 (AMD). PL 2023, c. 512, §3 (AMD). PL 2025, c. 52, §1 (AMD).