§353. Payment of fees

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 Except as provided in section 352, subsection 4-A, if the application is withdrawn by the applicant within 30 days of the start of processing, the portion of the processing fee that was expended or committed by the department or the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commissioner shall refund the license fee if the board or commissioner denies the application or if the application is withdrawn by the applicant.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.  Notwithstanding any other provision of this section, a person refiling an application for state certification of a hydropower project under Section 401 of the Federal Water Pollution Control Act is not required to pay a license or processing fee at the time the same application is refiled if, in order to avoid a waiver of the State's certification authority:

A. The applicant withdrew the application at the written request of the commissioner; or   [PL 1993, c. 332, §1 (NEW).]

B. The commissioner denied the application.   [PL 1993, c. 332, §1 (NEW).]

[PL 1993, c. 332, §1 (NEW).]

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).]

SECTION HISTORY

PL 1983, c. 574, §1 (NEW). PL 1983, c. 743, §§6, 7 (AMD). PL 1985, c. 162, §4 (AMD). PL 1985, c. 746, §§15,16 (AMD). PL 1987, c. 419, §8 (AMD). PL 1987, c. 787, §11 (AMD). PL 1989, c. 874, §§3-5 (AMD). PL 1989, c. 890, Pt. A, §§40,B13 (AMD). PL 1991, c. 66, Pt. A, §§4, 5 (AMD). PL 1991, c. 384, §§5-7 (AMD). PL 1991, c. 384, §16 (AFF). PL 1993, c. 332, §1 (AMD). PL 1993, c. 410, Pt. G, §§3, 4 (AMD). PL 1993, c. 735, §7 (AMD). PL 1995, c. 462, Pt. A, §74 (AMD). PL 1997, c. 624, §2 (AMD). PL 1997, c. 794, Pt. B, §§5, 6 (AMD). PL 2007, c. 187, §1 (AMD). PL 2007, c. 655, §1 (AMD). PL 2009, c. 374, §2 (AMD). PL 2011, c. 304, Pt. H, §21 (AMD). PL 2011, c. 653, §§12, 13 (AMD). PL 2011, c. 653, §33 (AFF). PL 2015, c. 124, §2 (AMD).