An Act to Clarify Processes of the Board of Environmental
Maine Legislature, Session 132, LD 0036
Sponsors: TEPLER
Amends: 38 MRSA §344, 38 MRSA §1365

Legislative Document
No. 36
S.P. 58
In Senate, January 8, 2025
An Act to Clarify Processes of the Board of Environmental 
Protection
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 6, 2025.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator TEPLER of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §344, sub-§1, as amended by PL 2023, c. 509, §1, 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, 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.
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, except for permit by rule notifications, waste 
transporter applications and occupational licenses.  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.
Sec. 2.  38 MRSA §1365, sub-§4, as amended by PL 2005, c. 330, §36, is further 
amended to read:
4.  Compliance; appeal.  The person to whom the order is directed shall comply 
immediately and may apply to the board for a hearing on the order if the application is 
made within 10 working days after receipt of the order by a responsible party.  Within 15 
working days service of the order pursuant to subsection 3.  As expeditiously as possible 
after receipt of the application, the board shall hold a hearing, make findings of fact and 
vote on a decision that continues, revokes or modifies the order.  That decision must be in 
writing and signed by the board chair using any means for signature authorized in the 
department's rules and published within 2 working days after the hearing and vote board 
decision.  The nature of the hearing before the board is an appeal.   At the hearing, all 
witnesses must be sworn and the commissioner shall first establish the basis for the order 
and for naming the person to whom the order is directed.  The burden of going forward 
then shifts to the person appealing to demonstrate, based upon a preponderance of the 
evidence, that the order should be modified or rescinded. The decision of the board may be 
appealed to the Superior Court in accordance with Title 5, chapter 375, subchapter 7.
SUMMARY
This bill provides that the Commissioner of Environmental Protection is not required 
to notify the Board of Environmental Protection of permit by rule notifications, waste 
transporter applications and occupational licenses.  It also provides that an applicant is not 
required to provide notice to the public of permit by rule notifications, waste transporter 
applications and occupational licenses.  
The bill allows a person to whom an order regarding an uncontrolled hazardous 
substance site is directed to apply to the board for a hearing on the order if the application 
is made within 10 working days after service of the order.  Current law requires the 
application to be made within 10 working days after receipt of the order by a responsible 
party.  The bill requires the board to hold a hearing on an order regarding an uncontrolled 
hazardous substance site as expeditiously as possible after receipt of an application for a 
hearing.  Current law requires the board to hold a hearing within 15 working days after 
receipt of an application for a hearing.  The bill requires the board decision to be published 
within 2 working days after it is made.  Current law requires the decision be published 
within 2 working days after the hearing and vote.