An Act To Increase Land Permit by Rule Application Fees
Maine Legislature, Session 129, LD 1784
Committee: Environment and Natural Resources
Sponsors: BLUME
Amends: 38 MRSA §352

Legislative Document
No. 1784
H.P. 1269
House of Representatives, May 28, 2019
An Act To Increase Land Permit by Rule Application Fees
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §352, sub-§5-A, as amended by PL 2009, c. 374, §1, is further 
amended to read:
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
SECTION 
PROCESSING FEE
CERTIFICATION 
FEE
656, sub-§1, ¶E, Pollution Control 
Facilities
A.  Water pollution control facilities 
with capacities at least 4,000 gallons 
of waste per day and §1760, sub-§29, 
water pollution control facilities
$250
$20
B.  Air pollution control and §1760, 
sub-§30, air pollution control facilities
TITLE 38
SECTION
PROCESSING FEE
LICENSE
FEE
344, sub-§7, Permit by rule
$50  $250
$0
413, Waste discharge licenses
See section 353-B
420-D, Storm water management
A. If structural means of storm water 
control are used
$400 for the first 
acre of disturbed 
area, plus $200 for 
each additional 
whole acre of 
disturbed area
$100 for the first 
acre of disturbed 
area, plus $50 for 
each additional 
whole acre of 
disturbed area
B. If solely vegetative means of storm 
water control are used
$200 for the first 
acre of disturbed 
area, plus $100 for 
each additional 
whole acre of 
disturbed area
$50 for the first acre 
of disturbed area, 
plus $25 for each 
additional whole 
acre of disturbed 
area
C. When a permit by rule is required
$55
none
If a project described in paragraph A or B is reviewed and approved by a 
professional engineer at a soil and water conservation district office that has a 
memorandum of understanding with the department concerning review of projects 
pursuant to this section, the total applicable fee is reduced to a processing fee of 
$100 for the first acre of disturbed area, plus a license fee of $50 for each 
additional whole acre of disturbed area.
480-E, Natural resources protection
A.  Any alteration of a protected 
natural resource, except coastal 
wetlands and coastal sand dunes, 
causing less than 20,000 square feet of 
alteration of the resource
B.  Any alteration of a coastal wetland 
causing less than 20,000 square feet of 
alteration of the resource
C.  Any alteration of a protected 
natural resource, except coastal sand 
dunes, causing 20,000 square feet or 
more of alteration of the resource
.015/sq. ft. alteration
.005/sq. ft. alteration
C-1.  Significant groundwater well
4,577
1,961
C-2.  Activity within a community 
public water supply primary protection 
area
D.  Any alteration of a coastal sand 
dune
3,500
1,500
E.  Condition compliance
F.  Minor modification
485-A, Site location of development
A.  Residential subdivisions
1. Affordable housing
50/lot
50/lot
2. On public water and sewers
175/lot
175/lot
3. All Other
250/lot
250/lot
B.  Industrial parks
460/lot
460/lot
C.  Mining
1,500
1,000
D.  Structures
4,000
2,000
E.  Other
1,000
1,000
543, Oily waste discharge
560, Vessels at anchorage
587, Ambient air quality or emissions 
standards variances
5,050
590, Air emissions licenses
See section 353-A
633, Hydropower projects
A.  New or expanded generating 
capacity
450/MW
50/MW
B.  Maintenance and repair or other 
structural alterations not involving an 
increase in generating capacity
United States Code, Chapter 26, Water 
Quality Certifications, in conjunction with 
applications for hydropower project 
licensing or relicensing
A.  Initial consultation
1,000
B.  Second consultation
1,000
C.  Application
1. Storage
1,000
2. Generating
300/MW
50/MW
1304, Waste management
A.  Septage disposal
1. Site designation
B.  Land application of sludges and 
residuals program approval
1. Industrial sludge
2. Municipal sludge
3. Bioash
4. Wood ash
5. Food waste
6. Other residuals
C.  Landfill
1. Closing plans for secure 
landfills
1,500
1,500
2. Closing plans for attenuation 
landfills
3. Post-closure report
4.  Preliminary information reports
5. License transfers
6. Special waste disposal 
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
a. One-time disposal of 
quantities of 6 cubic yards or 
less 
b. One-time disposal of 
quantities greater than 6 cubic 
yards 
c. Program approval for 
routine disposal of a special 
waste
7. Minor revision for secure 
landfills 
8. Minor revision for attenuation 
landfills
9. Public benefit determination 
D.  Incineration facility
2.  License transfer
E.  License transfer other than for 
landfills and incinerators
F. Minor revision for septage facilities 
and solid waste facilities other than 
landfills
G. Permit by rule for one-time 
activities
TITLE 38
SECTION
PROCESSING FEE ANNUAL LICENSE 
FEE
1278, Asbestos abatement
A.  Asbestos abatement contractor
$0
$650
B.  Asbestos abatement worker
C.  Asbestos consultant
D.  Asbestos analytical laboratory
E.  Training provider
F.  Other categories of asbestos 
professionals except asbestos 
abatement workers
G.  Notification
1.  Project size greater than 100 
square feet or 100 linear feet and 
less than 500 square feet or 2,500 
linear feet
2.  Project size 500 square feet or 
2,500 linear feet, or greater, and 
less than 1,000 square feet or 
5,000 linear feet
3.  Project size 1,000 square feet 
or 5,000 linear feet, or greater 
1304, Waste management
A.  Septage disposal
1. Landspreading
$550
$250
2. Storage
B.  Residuals compost facility
1. Type I
3. Type II and Type III less than 
3,500 cubic yards
5.  Type II and Type III 3,500 
cubic yards or greater
1,400
C.  Land application of sludges and 
residuals 
1. Sites with program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other residuals
2. Sites without program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other 
1310-N, Solid waste facility siting
A.  Landfill
1. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from fewer than 15,000 
people 
3,500
1,000
SUMMARY
This bill increases the processing fee for a Board of Environmental Protection permit 
by rule application from $50 to $250.
2. Existing, nonsecure municipal 
solid waste landfills accepting 
waste from more than 15,000 
people 
3,500
3,500
3. New or expanded for secure 
landfill
5,000
8,500
5. Nonsecure wood waste or 
demolition debris landfills, or 
both, if less than or equal to 6 
acres 
B.  Incineration facilities
1. New or expanded for the 
acceptance of municipal or special 
wastes, or both 
3,500
5,000
2. Municipally owned and 
operated solid waste incinerators 
with licensed capacity of 10 tons 
per day or less 
3,500
1,000
C.  Transfer station and storage 
facility
D.  Tire storage facility
F.  Processing facility other than 
municipal solid waste composting 
G.  Beneficial use activities other than 
agronomic utilization 
3. Fuel substitution
4. Beneficial use without risk 
assessment
5. Beneficial use with risk 
assessment
1,400
H.  Permit by rule for ongoing 
activities