LD 1161
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LD 1161 Title Page An Act To Require Notification from the Department of Environmental Protection ... Page 2 of 3
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LR 962
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 12 MRSA §685-C, sub-§12 is enacted to read:

 
12.__Notification to abutters.__Notification to abutters must
be provided in accordance with this subsection.

 
A.__At a minimum, the applicant shall provide notice to
abutters to a project as determined by local tax records
when an application for a permit or license is submitted to
the department.__Notice must be made in a manner prescribed
by the commission by rule, which, at a minimum, must include
a requirement that the notice be made by certified mail
requiring signature by the recipient.__The applicant shall
provide to the commission proof of notification under this
paragraph and a list of abutters to whom notice was
provided.__The proof of notification must include a copy of
the certified mail signed as received by the recipient.__The
commission may not determine an application to be complete
without receiving proof of notification.__Rules adopted
pursuant to this paragraph are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.

 
B.__The commission shall provide notice to abutters
identified on the list provided by the applicant under
paragraph A when a permit or license is denied or issued by
the commission.

 
Sec. 2. 38 MRSA §344, sub-§1, as amended by PL 1991, c. 804, Pt. B,
§2 and affected by §7, is further amended to read:

 
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 mailed to the applicant within
15 working days of receipt of the application, the application is
deemed to be accepted as complete for processing on the 15th
working day after receipt by the department. If the application
is not accepted, the commissioner shall return the application to
the applicant with the reasons for nonacceptance specified in
writing. Any applicant whose application has not been accepted
by the commissioner shall attend a presubmission meeting with the
department before resubmitting that application. The
commissioner shall notify the board of all applications accepted
as complete.

 
An application is acceptable as complete for processing if the
application is properly filled out and, information is provided
for each of the items included on the form and proof of notice as


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