2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION › Subchapter 1: ORGANIZATION AND POWERS › 38 §344-B. Timetables for processing permit applications

§344-B. Timetables for processing permit applications
Pursuant to the provisions of this section, the commissioner shall determine and annually publish a processing time for each type of permit or license issued by the department. When establishing processing times for permits or licenses, the commissioner shall take into consideration all duties and responsibilities of the department and the availability of resources.   [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
The provisions of this section apply only to new permit and license applications.   [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
1.  Publication of timetables.
No later than November 1st of each year, the commissioner shall publish processing timetables for each permit and license issued by the department. Permit and license processing timetables must be published simultaneously in all newspapers designated by the Secretary of State as papers of record under Title 5, section 8053, subsection 5. The commissioner shall enter the published processing timetables into the record of the board at the first meeting of the board following publication.
Except as provided in this section, the deadline governing the processing of an application is determined by the timetable in effect on the date the application is determined to be complete.
[PL 2001, c. 212, §1 (AMD).]
2.  Consultation.
Prior to publishing timetables pursuant to subsection 1, the commissioner shall review the proposed processing timetables with an advisory committee established for that purpose. The commissioner shall appoint the members of the advisory committee. In appointing the members, the commissioner shall seek to appoint a committee that is broadly representative of business, environmental and other interest groups. The purpose of the committee is solely advisory.
[PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
3.  Processing period.
The processing period for an application begins on the date the commissioner notifies the applicant that the application is complete. Except as provided in paragraph A, the consent of the applicant is required to stop the processing period or to extend the deadline.
A. The processing time for an application stops if:
(1) The commissioner determines that a public hearing is required. Under this subparagraph, the processing period may be stopped only for as long as necessary to accommodate the public hearing process and must commence at the end of the comment period following the public hearing;
(2) The board assumes jurisdiction over an application. If the board assumes jurisdiction over an application, the board shall set a new timetable for the application and shall stop the processing period or extend the deadline subject to the conditions of this subsection. The forfeiture provisions of subsection 5 do not apply to timetables set by the board; or
(3) The commissioner determines that the applicant has significantly modified the application. Under this subparagraph, the processing period is stopped until the applicant and the commissioner agree to a new timetable.   [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
B. The commissioner may stop the processing time with the consent of the applicant for any period of time agreeable to the commissioner and the applicant if the commissioner determines that:
(1) Additional information is required from the applicant;
(2) Agencies other than the department that are required to comment on an application do not respond within the time frames established by a memorandum of understanding between the agencies; or
(3) The applicant wishes to stop the processing period or to extend the deadline.   [PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
Expiration of a processing period may not be the sole reason for denial of an application.
[PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
4.  Multiple permits.
For projects that require more than one permit from the department, the commissioner and the applicant shall determine the timetable or timetables applicable to all permit or license applications required for that project at a presubmission meeting.
[PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
5.  Forfeiture.
If the commissioner fails to approve or deny an application prior to the applicable deadline, the commissioner shall pay the applicant an amount equal to 50% of the permit or license processing fee. The remainder of the permit or license processing fee is payable to the applicant if the commissioner does not approve or deny the application within 120 calendar days after that deadline. Forfeitures payable under this subsection may not exceed the permit or license processing fee paid by the applicant.
[PL 1991, c. 804, Pt. B, §4 (NEW); PL 1991, c. 804, Pt. B, §7 (AFF).]
6.  Report.
[PL 2007, c. 619, §5 (RP).]
SECTION HISTORY
PL 1991, c. 804, §B4 (NEW). PL 1991, c. 804, §B7 (AFF). PL 2001, c. 212, §1 (AMD). PL 2007, c. 619, §5 (AMD).