An Act Regarding Compliance with Environmental Permit and License Application Requirements
Maine Legislature, Session 131, LD 2058
Committee: Environment and Natural Resources
Sponsors: BRIDGEO
Amends: 38 MRSA §344

Legislative Document
No. 2058
H.P. 1320
House of Representatives, December 13, 2023
An Act Regarding Compliance with Environmental Permit and 
License Application Requirements
Submitted by the Department of Environmental Protection pursuant to Joint Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative BRIDGEO of Augusta.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §344, sub-§1, as amended by PL 1991, c. 804, Pt. B, §2 and 
affected by §7, is further amended to read:
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 previously 
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.
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.
All correspondence notifying an applicant of denial of an application by the board or 
commissioner must be by certified mail, return receipt requested.
SUMMARY
This bill provides that the Department of Environmental Protection may specify as a 
reason for nonacceptance of a permit or license application that the application was 
submitted after the activity requiring the permit or license has begun if the applicant 
knowingly violated a requirement to obtain a permit or license for the activity or the 
applicant previously violated a requirement to obtain a permit or license.