Maine Code § 38-353

Payment of fees
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1. Filing fee.
[PL 1987, c. 419, §8 (RP).]
1-A. Preapplication fee for nonferrous metal mining.
[PL 2011, c. 653, §12 (RP); PL 2011, c. 653, §33 (AFF).]
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. Failure to pay the processing fee at the time of filing the application results in the
application being returned to the applicant. One-half the processing fee assessed in section 352,
subsection 5-A for licenses issued for a 10-year term must be paid at the time of filing the application.
The remaining 1/2 of the processing fee for licenses issued for a 10-year term must be paid 5 years after
issuance of the license. The commissioner may not refund the processing fee if the application is denied
by the board or the commissioner. Except as provided in section 352, subsection 4-A, if the application
is withdrawn by the applicant within 30 days of the start of processing, the portion of the processing
fee that was expended or committed by the department or the department's agents or contractors for the
cost of processing the application prior to the withdrawal of the application must be calculated, and the
remainder of the processing fee not expended or committed must be refunded.
[PL 2011, c. 653, §13 (AMD); PL 2011, c. 653, §33 (AFF).]
3. License fee. The license fee must be paid at the time of filing the application. Failure to pay
the license fee at the time of filing results in the application being returned to the applicant. One-half
the processing fee assessed in section 352, subsection 5-A for licenses issued for a 10-year term must
be paid at the time of filing the application. The remaining 1/2 of the processing fee for licenses issued
for a 10-year term must be paid 5 years after issuance of the license. The commissioner shall refund
the license fee if the board or commissioner denies the application or if the application is withdrawn by
the applicant. Notwithstanding the provisions of this subsection, the license fee for a subdivision must
be paid prior to the issuance of the license.
The license fees for nonferrous metal mining must be paid annually on the anniversary date of the
license for the life of the project, up to and including the period of closure and reclamation.
The license fee for a solid waste facility must be paid annually. Failure to pay the annual fee within 30
days of the anniversary date of a license is sufficient grounds for modification, revocation or suspension
of the license under section 341-D, subsection 3 or section 342, subsection 11-B.
[PL 2011, c. 304, Pt. H, §21 (AMD).]
3-A. Certification fee. A certification fee must be paid prior to the issuance of any certification.
If the certification is withdrawn or denied, the commissioner shall refund the certification fee.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]
3-B. Certification fee for asbestos professionals. A person applying for certification as an
asbestos professional under more than one category under section 352, subsection 5-A shall pay the
highest fee among the categories for which certification is sought and $50 for each additional category.
[PL 2009, c. 374, §2 (NEW).]
4. Duplicate fees. The commissioner may not assess applicants for direct costs associated with
filing, processing or licensing if those costs were previously assessed as the result of the filing,
processing or licensing of separate but related applications.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]
4-A. Hydropower projects; refiling for certification.
[PL 2021, c. 186, §4 (RP).]
5. Renewals or amendments. As set forth in sections 353-A and 353-B, except for renewals or
amendments issued under sections 413 and 590, the processing fee for renewals or amendments is equal
to direct costs up to 1/2 the processing fee for initial applications. The license fee for renewals is
identical to the initial license fee. The license fee for amendments may not exceed the initial license
fee.
[PL 1997, c. 794, Pt. B, §6 (AMD).]
6. Application determined unacceptable for processing. An application determined
unacceptable for processing that has been returned to the applicant may be resubmitted to the
commissioner within 60 days of the date the application was returned. If the application is resubmitted

after the 60-day period has transpired, the resubmitted application is considered a new application and
the appropriate processing fees are assessed.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]
7. Fees for minor revisions. All fees assessed for the costs of processing permits issued in
accordance with section 344, subsection 7, must be paid in full when the notification is submitted to
the commissioner. All fees for any minor license or permit revision must be paid in full when the
request for the revision is submitted to the commissioner.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]
8. Processing fee for certification. The processing fee for certification must be assessed on the
actual direct costs incurred by the department, but may not be greater than the processing fee found in
Table I, section 352. The processing fee is due according to subsection 2. Upon completion of
processing, when direct costs are less than the processing fee found in section 352 in Table I, a refund
must be made to the applicant.
[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §13 (AMD).]
9. Finance charges. In addition to other remedies specifically authorized in this Title, the
department shall charge interest at a rate of 15% per annum, unless the commissioner finds the amount
too small or the likelihood of recovery too uncertain, and may pursue enforcement, including, but not
limited to, penalties pursuant to section 349 and suspension or revocation pursuant to section 342,
subsection 11-B for the failure of a licensee to pay any portion of licensing fees owed by the date due.
[PL 2015, c. 124, §2 (AMD).]

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