An Act to Clarify Processes of the Board of Environmental Protection

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 58 - L.D. 36
An Act to Clarify Processes of the Board of Environmental Protection
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
APPROVED
MAY 9, 2025
BY GOVERNOR
CHAPTER
52
PUBLIC LAW
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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 ,
but in no case later than 90 days 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.