Me. Stat. tit. 38 § 352

Current through 131st (2023-2024) Legislature Chapter 684

Section 352 - Fees

1.Fees established. The commissioner shall establish procedures to charge applicants for costs incurred in reviewing license and permit applications. For the purposes of this subchapter, costs may include, but are not limited to, personnel costs, travel, supplies, legal and computer services.

[1989, c. 890, Pt. A, §40(AFF); 1989, c. 890, Pt. B, §10(AMD).]

2.Fee categories. Fees shall be assessed for the following.

A. Except for those fees assessed under sections 353-A and 353-B, processing fees must be assessed for costs incurred in determining the acceptability of an application for processing and in processing an application to determine whether it meets statutory and regulatory criteria. [1997, c. 794, Pt. B, §1(AMD).]

B. [1987, c. 419, §5(RP).]

C. Except for those fees assessed under sections 353-A and 353-B, licensing fees must be assessed for direct costs incurred in monitoring, inspecting and sampling to ensure proper compliance by a licensee. [1997, c. 794, Pt. B, §2(AMD).]

D. Certification fees shall be assessed for direct costs incurred in issuing a certification. [1985, c. 746, §13(NEW).]

E. The air emission license fees assessed under section 353-A for those facilities licensed under section 590 must be assessed to support activities for air quality control including licensing, compliance, enforcement, monitoring, data acquisition and administration. [2013, c. 300, §9(AMD).]

F. Waste discharge license fees assessed under section 353-B for facilities licensed under Title 36, section 656 and sections 362-A, 413, 418, 451 and 1101 must be used to support activities for water quality control operations, including licensing, compliance evaluation, monitoring, data acquisition, data management and administration. [1997, c. 794, Pt. B, §3(AMD).]

G. The total amount of fees due for acceptance of a license, notice, registration and certification administered by the department under this Title must be doubled at the time an application is submitted if it is received after the date on which submission is required by law. This increase may be reduced at the commissioner's discretion with a showing of mitigating circumstances. [2007, c. 292, §15(AMD).]

[2013, c. 300, §9(AMD).]

2-A.Fee adjustment. The commissioner may adjust the fees established in this subchapter on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. These adjustments may be compounded and assessed at an interval greater than one year if the commissioner determines that such periodic increases lower administrative costs for the department and continue effective public service.

[1999, c. 243, §1(AMD).]

3.Maximum fee. The commissioner shall set the actual fees and shall publish a schedule of all fees by November 1st of each year. If the commissioner determines that a particular application, by virtue of its size, uniqueness, complexity or other relevant factors, is likely to require significantly more costs than those listed on Table I, the commissioner may designate that application as subject to special fees. Such a designation must be made at, or prior to, the time the application is accepted as complete and may not be based solely on the likelihood of extensive public controversy. The maximum fee for processing an application may not exceed $250,000, except that the maximum fee for processing an application under chapter 3, subchapter 1, article 9 is as provided for in subsection 4-A. All staff of the department, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry and the Department of Marine Resources who have worked on the review of the application, including, but not limited to, preapplication consultations, shall submit quarterly reports to the commissioner detailing the time spent on the application and all expenses attributable to the application, including the costs of any appeals filed by the applicant and, after taking into consideration the interest of fairness and equity, any other appeals if the commissioner finds it in the public interest to do so. Any appeal filed by the applicant of an application fee must be to the agency of jurisdiction of the application. The costs associated with assistance to the board on an appeal before the board may be separately charged. The processing fee for that application must be the actual cost to the department, the Department of Inland Fisheries and Wildlife, the Department of Agriculture, Conservation and Forestry and the Department of Marine Resources. The processing fee must be distributed to each department that incurs a cost to be deposited in the account in which the expenses were incurred in that department to reimburse the actual cost to that department. The applicant must be billed quarterly and all fees paid prior to receipt of the permit. At the time of the quarterly billing by the department, the commissioner shall review the ongoing work of the department to identify, prevent and mitigate undue delays or vague requirements of the application processing. Nothing in this section limits the commissioner's authority to enter into an agreement with an applicant for payment of costs in excess of the maximum fee established in this subsection.

[2011, c. 653, §10(AMD); 2011, c. 653, §33(AFF); 2011, c. 657, Pt. W, §5(REV).]

4.Accounting system.

[1991, c. 499, §11(RP).]

4-A.Fees for metallic mineral mining. Metallic mineral mining permit applications under chapter 3, subchapter 1, article 9 are subject to the following fees. Fees under this subsection must be deposited in the Metallic Mining Fund, Other Special Revenue Funds subaccount.

A. The initial processing fee is $500,000. [2011, c. 653, §11(RPR); 2011, c. 653, §33(AFF).]

B. Preapplication and processing fees are special fees subject to subsection 3. The maximum fee for processing an application must be discussed by the department and the applicant during preapplication meetings. If the applicant does not agree to the maximum fee as determined by the commissioner, the refund provisions of paragraph F apply. [2011, c. 653, §11(RPR); 2011, c. 653, §33(AFF).]

C. The costs associated with the department's preparation for and attendance at any application proceeding held by the board, including the costs associated with assistance to the board, must be paid by the applicant. [2011, c. 653, §11(RPR); 2011, c. 653, §33(AFF).]

D. The costs associated with the department's assistance to the board on an appeal by the applicant before the board must be paid by the applicant and may be separately charged to the applicant by the department. The costs associated with the department's assistance to the board on an appeal by a person other than the applicant before the board may not be charged to the applicant. [2011, c. 653, §11(NEW); 2011, c. 653, §33(AFF).]

E. The annual license fee must be at least $20,000 and may not exceed $50,000 and must be set by the department prior to the issuance of the permit. [2011, c. 653, §11(NEW); 2011, c. 653, §33(AFF).]

F. If at any time the application is withdrawn by the applicant, the department shall calculate the portion of the processing fee that was expended or committed by the department or the department's agents or contractors for processing the application prior to the withdrawal and the remainder of the processing fee not expended or committed must be refunded to the applicant. [2011, c. 653, §11(NEW); 2011, c. 653, §33(AFF).]

[2011, c. 653, §11(RPR); 2011, c. 653, §33(AFF).]

5. Maximum fees after 1991.

[1991, c. 824, Pt. A, §82(RP).]

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	250	20

TITLE 38 SECTION				PROCESSING FEE		LICENSE FEE
344, sub-§ 7, Permit by rule				$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			140		50
	B. Any alteration of a coastal wetland causing less than 20,000 square feet of alteration of the resource			240		60
	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			183		64
	D. Any alteration of a coastal sand dune			3,500		1,500
	E. Condition compliance			84		0
	F. Minor modification			184		0
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				40		160
560, Vessels at anchorage				125		100
587, Ambient air quality or emissions standards variances				5,050		50
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			150		150
33 United States Code, Chapter 26, Water Quality Certifications, in conjunction with applications for hydropower project licensing or relicensing
	A. Initial consultation			1,000		0
	B. Second consultation			1,000		0
	C. Application
		1. Storage		1,000		0
		2. Generating		300/MW		50/MW
1304, Waste management
	A. Septage disposal
		1. Site designation		50		25
	B. Land application of sludges and residuals program approval
		1. Industrial sludge		400		400
		2. Municipal sludge		300		275
		3. Bioash		300		275
		4. Wood ash		300		75
		5. Food waste		300		75
		6. Other residuals		300		175
	C. Landfill
		1. Closing plans for secure landfills		1,500		1,500
		2. Closing plans for attenuation landfills		500		500
		3. Post-closure report		175		175
		4. Preliminary information reports		175		175
		5. License transfers		500		175
		6. Special waste disposal
			a. One-time disposal of quantities of 6 cubic yards or less	50		50
			b. One-time disposal of quantities greater than 6 cubic yards	100		100
			c. Program approval for routine disposal of a special waste	300		300
		7. Minor revision for secure landfills		600		100
		8. Minor revision for attenuation landfills		100		100
		9. Public benefit determination		175		175
	D. Incineration facility
		2. License transfer		175		175
	E. License transfer other than for landfills and incinerators			100		100
	F. Minor revision for septage facilities and solid waste facilities other than landfills			100		100
	G. Permit by rule for one-time activities			100		100

TABLE II

WASTE MANAGEMENT FEES - ANNUAL LICENSE

MAXIMUM FEES IN DOLLARS

TITLE 38 SECTION				PROCESSING FEE		ANNUAL LICENSE FEE
1278, Asbestos abatement
	A. Asbestos abatement contractor			$0		$650
	B. Asbestos abatement worker			0		50
	C. Asbestos consultant			0		650
	D. Asbestos analytical laboratory			0		400
	E. Training provider			0		500
	F. Other categories of asbestos professionals except asbestos abatement workers			0		100
	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		100		0
		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		150		0
		3. Project size 1,000 square feet or 5,000 linear feet, or greater		300		0
1304, Waste management
	A. Septage disposal
		1. Landspreading		$550		$250
		2. Storage		50		75
	B. Residuals compost facility
		1. Type I		150		150
		3. Type II and Type III less than 3,500 cubic yards		700		500
		5. Type II and Type III 3,500 cubic yards or greater		1,400		850
	C. Land application of sludges and residuals
		1. Sites with program approval
			a. Industrial sludge	150		250
			b. Municipal sludge	75		200
			c. Bioash	75		200
			d. Wood ash	50		125
			e. Food waste	50		125
			f. Other residuals	50		125
		2. Sites without program approval
			a. Industrial sludge	300		550
			b. Municipal sludge	150		250
			c. Bioash	150		250
			d. Wood ash	75		200
			e. Food waste	75		200
			f. Other	75		200
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
		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		700		750
	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			750		175
	D. Tire storage facility			400		450
	F. Processing facility other than municipal solid waste composting			700		700
	G. Beneficial use activities other than agronomic utilization
		3. Fuel substitution		700		500
		4. Beneficial use without risk assessment		700		200
		5. Beneficial use with risk assessment		1,400		500
	H. Permit by rule for ongoing activities			100		100

[2021, c. 186, §3(AMD).]

5-B.Accounting system.

[1995, c. 462, Pt. A, §73(RP).]

6.Reporting requirements.

[2011, c. 120, §3(RP).]

38 M.R.S. § 352

Amended by 2021SP1, c. 186,§ 3, eff. 10/18/2021.

Amended by 2019, c. 526,§ 2, eff. 9/19/2019.

Amended by 2019, c. 374,§ 1, eff. 9/19/2019.

Amended by 2013, c. 300,§ 9, eff. 10/9/2013.

Amended by 2012, c. 653,§§ 10, 11, eff. 6/1/2014.

Amended by 2011, c. 120,§ 3, eff. 9/28/2011.

1983, c. 574, § 1 (NEW) . 1983, c. 743, § 5 (AMD) . 1985, c. 746, §§13,14 (AMD) . 1987, c. 180, § 1 (AMD) . 1987, c. 419, §§4-7 (AMD) . 1987, c. 787, §§6-10 (AMD) . 1989, c. 405, § 1 (AMD) . 1989, c. 502, §A167 (AMD) . 1989, c. 874, § 2 (AMD) . 1989, c. 890, §§A40,B10-12 (AMD) . 1991, c. 384, §§1-4 (AMD) . 1991, c. 384, § 16 (AFF) . 1991, c. 499, §§11-13 (AMD) . 1991, c. 528, §§U1,2 (AMD) . 1991, c. 528, §RRR (AFF) . 1991, c. 591, §§U1,2 (AMD) . 1991, c. 824, §§A82,C4 (AMD) . 1993, c. 356, §§3,4 (AMD) . 1993, c. 370, § 2 (AMD) . 1993, c. 378, §§2,3 (AMD) . 1993, c. 410, §G1 (AMD) . 1993, c. 410, §G2 (AFF) . 1993, c. 632, §§1,2 (AMD) . 1993, c. 632, § 3 (AFF) . 1993, c. 735, § 13 (AFF) . 1995, c. 173, § 1 (AMD) . 1995, c. 462, §A73 (AMD) . 1995, c. 493, § 1 (AMD) . 1995, c. 642, § 3 (AMD) . 1995, c. 704, §A1 (AMD) . 1995, c. 704, §C2 (AFF) . 1997, c. 374, §§1,2 (AMD) . 1997, c. 624, § 1 (AMD) . 1997, c. 794, §§B1-4 (AMD) . 1999, c. 243, §§1,2 (AMD) . 1999, c. 385, §§1,2 (AMD) . 1999, c. 468, § 3 (AMD) . 1999, c. 731, §Z1 (AMD) . 2001, c. 212, § 2 (AMD) . 2005, c. 330, § 6 (AMD) . 2007, c. 292, § 15 (AMD) . 2007, c. 399, § 9 (AMD) . 2007, c. 558, § 1 (AMD) . 2007, c. 661, Pt. B, §9 (AMD) . 2009, c. 160, § 1 (AMD) . 2009, c. 374, § 1 (AMD) . 2009, c. 642, Pt. A, §8 (AMD) .