LD 1537
pg. 7
Page 6 of 11 An Act To Repeal Certain Boards and Commissions Page 8 of 11
Download Bill Text
LR 2230
Item 1

 
requirements established pursuant to section 4204. A nutrient
management plan submitted in accordance with this subsection is
confidential and is not a public record as defined in Title 1,
section 402, subsection 3. Prior to issuing a permit, the
commissioner or a designee of the commissioner shall inspect the
operation and determine that the operation is in compliance with
the nutrient management plan. The commissioner may issue a
provisional permit in accordance with subsection 3. The
commissioner shall adopt rules in accordance with Title 5, chapter
375 to establish a process for application review and issuing
permits required under this section. The rules may establish
permit application fees, inspection requirements and procedures for
review by the board of permitting decisions. Rules initially
adopted pursuant to this section are major substantive rules as
defined in Title 5, chapter 375, subchapter II-A 2-A. After July
1, 1999, rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter II-A
2-A.

 
Sec. 48. 7 MRSA §4210, sub-§§1 and 3, as enacted by PL 1999, c. 530,
§7, are amended to read:

 
1. Notice. The commissioner shall give written notice of a
revocation immediately following a decision to revoke. A notice
of revocation must state the reason the certification is being
revoked and the effective date of the revocation and must inform
the person of the hearing provisions under subsection 2 and the
appeals process before the board.

 
3. Decisions; appeal. Decisions of the commissioner must be
in writing. The commissioner may reinstate the certification if
the commissioner finds that the person has complied with section
4204, subsection 3. A person whose certification is revoked by
the commissioner may appeal that decision to the board.

 
Sec. 49. 10 MRSA §1678, as amended by PL 2001, c. 352, §6, is
repealed.

 
Sec. 50. 12 MRSA §51-A, as enacted by PL 1995, c. 532, §8, is
repealed.

 
Sec. 51. 12 MRSA §51-B, as enacted by PL 1995, c. 532, §9, is
amended to read:

 
§51-B. Assistance from department

 
The department shall assist the advisory council and
individual soil and water conservation districts to further
constructive working relationships with other natural resource
agencies of State Government.


Page 6 of 11 Top of Page Page 8 of 11