Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS
Section 096-2-11 - Application Fees and Processing Times

Universal Citation: 06 ME Code Rules ยง 096-2-11

Current through 2024-38, September 18, 2024

A. Application Fees. Application fees must be paid by the applicant in accordance with 38 M.R.S. §§352 through 353-C. Except as otherwise provided by law, all required application fees must be paid at the time of filing of the application. Failure to pay all required application fees will result in the application not being accepted as complete for processing pursuant to section 10(B) of this rule and the application will be returned to the applicant. Fees are established and published by the Commissioner in accordance with 38 M.R.S. §353. If the Commissioner determines that a particular application, by virtue of its size, uniqueness, complexity or other relevant factors, is likely to cost significantly more to process than the published cost for that type of application, the Commissioner may designate the application as subject to special fees at the time the application is accepted as complete for processing. When that designation is made, any application fees paid at the time of filing the application will be returned or credited toward payment of any special fees.

B. Processing Times. Processing times are established and published by the Commissioner in accordance with 38 M.R.S. §344-B.

If the Commissioner determines that the applicant has significantly modified an application after it was accepted as complete for processing, the processing time for the application stops until the Commissioner and the applicant agree to a new timetable.

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) comments on an application from other governmental agencies are not submitted within the timeframe established by a memorandum of understanding between the agencies; or

(3) the applicant wishes to stop the processing period or to extend the deadline.

When the Board assumes jurisdiction over an application, the application processing time is established by the Board pursuant to 38 M.R.S. §344-B(3)(A)(2).

The Department may not decide an application for which notice must be published sooner than 20 days following the date the notice is published.

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