38 §352. Fees
Title 38: WATERS AND NAVIGATION
Chapter 2: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subchapter 2: MAINE ENVIRONMENTAL PROTECTION FUND
§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 the Bureau of Air Quality Control including licensing, compliance, enforcement, monitoring, data acquisition and administration. [1991, c. 384, §16 (AFF); 1991, c. 384, §3 (NEW).]
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).]
[ 2007, c. 292, §15 (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. All staff of the department, the Department of Inland Fisheries and Wildlife, the Department of Conservation, the Department of Agriculture, Food and Rural Resources 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 Conservation, the Department of Agriculture, Food and Rural Resources 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. 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.
[ 2009, c. 642, Pt. A, §8 (AMD) .]
4. Accounting system.
[ 1991, c. 499, §11 (RP) .]
4-A. Maximum fees for nonferrous metal mining. Notwithstanding the fees for mining established in subsections 4 and 5, the maximum fees for nonferrous metal mining are as follows:
A. The preapplication fee is $20,000 until the one-time allocation made pursuant to section 1319-E, subsection 1, paragraph F, has been repaid. Thereafter the preapplication fee is $10,000; [1989, c. 874, §2 (NEW).]
B. The processing fee is $30,000; and [1989, c. 874, §2 (NEW).]
C. The annual license fee is $10,000. [1989, c. 874, §2 (NEW).]
[ 1989, c. 874, §2 (NEW) .]
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 | $50 | $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 |
[ 2009, c. 374, §1 (AMD) .]
5-B. Accounting system.
[ 1995, c. 462, Pt. A, §73 (RP) .]
6. Reporting requirements. The commissioner shall report, before February 1st of each year, to the joint standing committee of the Legislature having jurisdiction over natural resources matters on the effects of the license fee increases on department efficiency and license and permit processing time. That report must include a summary for the previous fiscal year of revenues and expenses by activity within the Maine Environmental Protection Fund.
[ 1993, c. 736, §6 (AMD) .]
SECTION HISTORY
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).