LD 1160
pg. 1
LD 1160 Title Page An Act to Amend Certain Laws Administered by the Department of Environmental Pr... Page 2 of 8
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LR 939
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §352, sub-§2-A, as enacted by PL 1997, c. 374, §1, is
amended to read:

 
2-A. Fee adjustment. The commissioner may adjust the fees
established in this subchapter chapter 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.

 
Sec. 2. 38 MRSA §352, sub-§3, as amended by PL 1997, c. 374, §2, is
further amended to read:

 
3. Maximum fee. The commissioner shall set the actual fees
and shall publish a schedule of all fees by August 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. A special
fee may not exceed $40,000 $75,000. 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. All department staff who have
worked on the review of the application shall submit quarterly
reports to the commissioner detailing the time spent on the
application and all expenses attributable to the application.
The processing fee for that application must be the actual cost
to the department. The applicant must be billed quarterly and
all fees paid prior to receipt of the permit.

 
Sec. 3. 38 MRSA §411, first ¶, as repealed and replaced by PL 1995, c.
186, §1, is amended to read:

 
The commissioner may pay an amount not to exceed 80% of the
expense of a municipal or quasi-municipal pollution abatement
construction program or a pollution abatement construction
program in an unorganized township or plantation authorized by
the county commissioners. The commissioner may make payments to
the Maine Municipal Bond Bank to supply the State's share of the
revolving loan fund established by Title 30-A, section 6006-A.
The commissioner may pay up to 90% of the expense of a municipal
or quasi-municipal pollution abatement construction program or a
pollution abatement construction program in an unorganized
township or plantation authorized by the county commissioners in
which the construction cost of the project does not exceed


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