Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 200 - METALLIC MINERAL EXPLORATION, ADVANCED EXPLORATION AND MINING › Subchapter 5 - STANDARDS FOR ADVANCED EXPLORATION AND MINING › Section 096-200-5-19 - General Provisions

Current through 2024-29, July 17, 2024
A.
Compliance.
A Permittee or Applicant shall comply with all
				  applicable standards and requirements under the Act, the provisions of the
				  mining permit, and this Chapter.
B.
Performance-Based Standards.
To the extent feasible, standards
				  contained in this Chapter are performance-based. To the extent that this
				  Chapter includes standards that are not performancebased, a Permittee or
				  Applicant may propose an alternative means of compliance that achieves
				  equivalent performance. If the Applicant proposes a control device or measure,
				  it must demonstrate that there is reasonable assurance that the device or
				  measure will achieve the performance standard. The Department is not required
				  to approve any alternative means of compliance. Control devices or measures may
				  be reassessed at any time, and if the Department determines that the control
				  device or measure no longer achieves the performance standard, the Department
				  may require remedial actions, including but not limited to, the implementation
				  of additional control devices or measures, a corrective action work plan,
				  temporary suspension of mining activity, and the cessation of all mining
				  activity.
C.
Burden.
The Permittee or Applicant shall affirmatively demonstrate that all proposed or
				  undertaken actions, devices, or measures will meet the minimum requirements of
				  this Chapter, the Act, and the mining permit.
D.
Disclosure.
The Permittee or
				  Applicant must disclose fully all relevant facts applicable to the provisions
				  of this Chapter, the Act, and the mining permit.
E.
Required Information.
The
				  Permittee or Applicant must provide the information necessary to demonstrate
				  that the methods, materials, and techniques proposed to be used are capable of
				  accomplishing their stated objectives in protecting the environment and public
				  health and safety. The information may consist of results of actual testing,
				  modeling, documentation by credible independent testing and certified
				  organizations, or documented applications in similar uses and
				  settings.
F.
Certification.
All submitted information must be accurate,
				  complete, and acknowledged as such by the signature of an authorized agent of
				  the Permittee or Applicant. Documents, plans, and reports submitted in support
				  of applications must be signed and stamped by qualified professionals as
				  required.
G.
Qualified
				  Professional.
All data collection, analyses, modeling, design,
				  inspection, operation, monitoring, data synthesis, and documentation and
				  reporting shall be conducted by qualified professionals.
H.
Independent Reviewer.
The
				  Department may retain an independent reviewer to assist in the review of
				  documents, plans, models, designs, studies, analysis, characterizations,
				  applications, amendments, financial assurance mechanisms, field operations, and
				  any other submission.
I.
Additional Information.
If required by the Department to establish
				  that the Applicant has met the minimum requirements of the rule, Act and mining
				  permit, the Applicant or Permittee shall provide any additional data,
				  monitoring, testing, modeling, characterization, or additional synthesis and
				  interpretation of submitted data, analysis, and information required by the
				  Department.
J.
Public Health
				  and Safety.
The Permittee and Applicant shall make adequate provisions
				  for the protection of public health and safety.