WILLIAM DONALD SCHAEFER, Governor                           Ch. 478

(2) AN APPLICATION FOR A POSTPONEMENT OR A RENEWED
POSTPONEMENT UNDER THIS SUBSECTION MUST BE FILED WITH THE SECRETARY
NOT LESS THAN 6 MONTHS BEFORE THE APPLICABLE DEADLINE.

(3) (I) WITHIN 15 DAYS FOLLOWING RECEIPT OF AN APPLICATION
FOR A POSTPONEMENT UNDER THIS SUBSECTION, THE SECRETARY SHALL
FORWARD A COPY OF THE APPLICATION TO THE DEPARTMENT OF NATURAL
RESOURCES.

(II) THE DEPARTMENT OF NATURAL RESOURCES SHALL PROVIDE
ITS WRITTEN COMMENTS, IF ANY, WITHIN 60 DAYS FOLLOWING RECEIPT OF THE
ORIGINAL APPLICATION UNDER THIS SUBSECTION.

(III) IF NO COMMENTS HAVE BEEN RECEIVED FROM THE
DEPARTMENT OF NATURAL RESOURCES WITHIN 60 DAYS FOLLOWING RECEIPT OF
THE ORIGINAL APPLICATION, THE APPLICATION SHALL BE PROCESSED WITH THE
ASSUMPTION THAT THERE ARE NO OBJECTIONS BY THE DEPARTMENT OF NATURAL
RESOURCES.

(4) IN DECIDING WHETHER TO GRANT A POSTPONEMENT OR A
RENEWED POSTPONEMENT UNDER THIS SUBSECTION, THE SECRETARY SHALL
CONSIDER:

(I) WHETHER SUFFICIENT PUBLIC FUNDS ARE AVAILABLE TO
ASSIST THE MARINA OWNER OR OPERATOR IN MEETING THE REQUIREMENTS OF
SUBSECTION (D) OF THIS SECTION; AND

(II) IF SUFFICIENT PUBLIC FUNDS ARE NOT AVAILABLE, WHETHER
COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION (D) OF THIS SECTION
WOULD REPRESENT AN ECONOMIC HARDSHIP TO THE MARINA OWNER OR
OPERATOR.

(5) (I) THE SECRETARY SHALL ISSUE A DECISION ON AN
APPLICATION FOR POSTPONEMENT OR RENEWED POSTPONEMENT UNDER THIS
SUBSECTION WITHIN 90 DAYS FOLLOWING THE ORIGINAL RECEIPT OF THE
APPLICATION.

(II) IF NO ACTION HAS BEEN TAKEN BY THE SECRETARY WITHIN 90
DAYS FOLLOWING THE ORIGINAL RECEIPT OF THE APPLICATION, THE
POSTPONEMENT OR RENEWED POSTPONEMENT SHALL BE CONSIDERED GRANTED
FOR A PERIOD OF 3 YEARS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

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