Title 38, Title 38

Board meetings held under section 341‑D are governed by the following provisions. [PL 2011, c. 304, Pt. H, §13 (AMD).] 1. Quorum. Four members of the board constitute a quorum. A quorum is required to open a meeting and for a vote of the board. 2. Proceedings recorded. All procee…

Responsibility for the administration of the board lies with the chair. [PL 1989, c. 890, Pt. A, §13 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF).] 1. Staff. Staff of the board must be hired by the chair with the consent of the board. The executive analyst shall direct the daily admi…

The Board of Environmental Protection Fund is established to be used by the board as a nonlapsing fund to carry out its duties under this Title. Notwithstanding any provision of law to the contrary, the funds identified in subsection 1 transfer annually to the Board of Environmen…

Subject to Title 5, chapter 375, subchapter 2‑A, the board may adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that the department is charged with administering as provided in thi…

The Commissioner of Environmental Protection has the following duties. [PL 2025, c. 390, Pt. A, §58 (AMD).] 1. 1-A. Administration of department. The commissioner is the chief administrative officer of the department and responsible for all administrative matters of the departmen…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. The following must be considered in determining whether a secured lender is "acting diligently to sell or otherwise divest" or as "evidence of dili…

At the request of a potential applicant or when required by rule, the department shall hold a preapplication meeting to identify the issues, types of information and documentation necessary for the department to properly assess a specific project. For any application that has had…

The Technical and Environmental Assistance Program, referred to in this section as the "program," is administered by the Office of Pollution Prevention. Participation in the program by any person is voluntary. The department may not require any person to participate in the progra…

1. Liability protection for complete cleanup. Subject to the provisions of this section, a person may not be deemed a responsible party and that person is not subject to department orders or other enforcement proceedings or otherwise responsible under sections 568; 570; 1304, sub…

An environmental professional who obtains analytical information indicating a discharge or release of a hazardous substance, hazardous waste, hazardous matter, special waste, pollutant or contaminant, including petroleum products or by-products at a site, at levels that, in that …

1. Initiative established; directors. The Clean Government Initiative, referred to in this section as the "initiative," is established to assist state agencies and state-supported institutions of higher learning in meeting applicable environmental compliance requirements and to i…

The Smart Tracks for Exceptional Performers and Upward Performers Program, known as "the STEP-UP Program" and referred to in this section as "the program," is established within the department and administered by the commissioner. In cooperation with program participants, the dep…

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 …

The commissioner may enter into agreements with individuals, partnerships, firms and corporations outside the department, referred to throughout this section as "outside reviewers," to review applications or portions of applications submitted to the department. The commissioner h…

Pursuant to the provisions of this section, the commissioner shall determine and annually publish a processing time for each type of permit or license issued by the department. When establishing processing times for permits or licenses, the commissioner shall take into considerat…

1. Hearings. 1-A. Department hearings. The board and commissioner may hold public hearings as necessary to carry out responsibilities under this Title. 2. Maine Administrative Procedure Act. Except as provided elsewhere, all hearings of the department must be conducted in accorda…

1. Appeal to Superior Court. Except as provided in subsection 4 and section 347‑A, subsection 3 or 4, any person aggrieved by any order or other final action of the board or commissioner may appeal to the Superior Court. These appeals to the Superior Court must be taken in accord…

1. General procedures. This subsection sets forth procedures for enforcement actions. A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation of this Title, of rules adopted under this Title or of the terms or conditions of a license…

Employees and agents of the department may: [PL 2017, c. 137, Pt. A, §5 (NEW).] 1. Property. Enter any property at reasonable hours in order to inspect the property to take samples, inspect records relevant to any regulated activity or conduct tests as appropriate to determine co…

1. General. In the event of a violation of any provision of the laws administered by the department or of any order, regulation, license, permit, approval, administrative consent agreement or decision of the board or commissioner or decree of the court, as the case may be, the At…

1. Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation of the terms or conditions of an order, rule, …

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Repeat violation" means a violation of any legal requirement under this Title, or rules adopted under this Title, or of the terms or conditions of…

This subchapter is intended to enhance the protection of human health and the environment by encouraging regulated entities to voluntarily discover, disclose, correct and prevent violations of state and federal environmental requirements. An environmental audit program and a comp…

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 304, Pt. A, §1 (NEW).] 1. Compliance management system. ''Compliance management system'' means a system implemented by a regulated entity appropriate …

Subject to section 349‑Q, and notwithstanding any other provision of law relating to penalties, the department may adjust or mitigate penalties for violations of environmental requirements in accordance with this section. [PL 2011, c. 304, Pt. A, §1 (NEW).] 1. No gravity-based pe…

The incentives established in section 349‑N apply to a violation of an environmental requirement only if: [PL 2011, c. 304, Pt. A, §1 (NEW).] 1. Systematic discovery. The violation was discovered through: A. An environmental audit program; or [PL 2011, c. 304, Pt. A, §1 (NEW).] B…

1. Department discretion. In order to ensure that regulated entities that violate environmental requirements do not gain an economic advantage over regulated entities that comply with environmental requirements, this subchapter may not be construed to limit the discretion of the …

This subchapter does not limit any authority of the department to adjust or otherwise mitigate any penalty imposed or sought by the department for a violation when the regulated entity responsible for the violation does not receive an incentive under this subchapter for the same …

The board may adopt rules to implement the regulation of environmental audit programs established in this subchapter. Rules adopted under this section are major substantive rules pursuant to Title 5, chapter 375, subchapter 2‑A.

The Maine Environmental Protection Fund, referred to in this subchapter as "the fund," is established as a nonlapsing fund to supplement licensing programs administered by the Department of Environmental Protection. Except as otherwise provided in this section, all fees establish…

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 comp…

1. Filing fee. 1-A. Preapplication fee for nonferrous metal mining. 2. Processing fee. Except for annual air emission fees pursuant to section 353‑A and annual waste discharge fees pursuant to section 353‑B, a processing fee must be paid at the time of filing the application. Fai…

1. Fees assessed. After the effective date of this section, a licensee must pay an annual fee assessed on the sum of all licensed allowable air pollutants, except for carbon monoxide, as follows:Annual licensed emissions in tonsPer ton fee1 - 1,000$51,001 - 4,000$10over 4,001$15 …

1. Fees assessed. After the effective date of this section, licensees must pay annual waste discharge license fees. Annual waste discharge license fees for existing licensees are determined as set out in subsection 2. Annual waste discharge license fees for new licensees, or lice…

Fees received under chapter 3, subchapter 1, article 7 and article 8‑A must be deposited in the Maine Environmental Protection Fund and are governed by the general provisions of this subchapter.

Notwithstanding section 352, if the department is required by federal law to issue any certificate, permit or license, the commissioner shall establish a fee schedule identical to the federal program that is most like the state program. If there are no similar state programs, the…

The Lake Environmental Protection Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund to assist the municipalities of the State in defraying legal expenses which may be incurred as a result of the regulation of land use activities and the enfor…

The fund is available to compensate the municipalities of the State for legal expenses, including court costs, attorneys' fees and expert and other witness fees, incurred in the enforcement of local land use laws and ordinances affecting great ponds and the defense of regulatory …

Within 90 days of the completion of litigation or settlement for which compensation for legal expenses is available under section 356, a municipality may apply to the commissioner for reimbursement of those expenses that have not been awarded to it by the court and paid pursuant …

1. Fund established. The Maine Pollution Prevention Fund, referred to in this subchapter as the "fund," is established as a nonlapsing fund administered by the commissioner for the purpose of strengthening environmental protection in the State through pollution prevention activit…