Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 700 - WELLHEAD PROTECTION: SITING OF FACILITIES THAT POSE A SIGNIFICANT THREAT TO DRINKING WATER › Section 096-700-5 - Variance procedure

Current through 2024-29, July 17, 2024
(A) Processing of
				applications for a variance under sections 3 and 4 for commercial hazardous
				waste facilities shall be done in conjunction with the processing of the
				license application required under Chapter 856. The information required in
				B(1) below shall be filed with the hazardous waste facility license application
				required by Chapter 856.
(B)
				Processing of applications for a variance under sections 3 and 4 for those
				facilities identified in sections 2M(1) through (4) including, but not limited
				to, application requirements, public notice, and appeal procedures, are
				governed by the department Rules Concerning the Processing of Applications and
				Other Administrative Matters, 06-096 CMR Chapter 2 (last amended April 1, 2003)
				except as specified below.
(1)
Application requirements.
Requests for variance from the siting
				restrictions of this rule must be submitted in writing on forms provided by the
				commissioner. In addition to the information required under Chapter 2(11), the
				application must include at a minimum the following information:
(a) The registration materials required under
				Rules for Underground Hazardous Substances Facilities, 06-096 CMR Chapter
				695(5), if applicable;
(b) The
				names and mailing addresses of all abutters to the property on which the
				facility that poses a significant threat to drinking water is
				proposed;
(c) A plan view of the
				proposed facility that shows the precise location and footprint of all areas
				where hazardous substances will be contained, handled or stored in either a
				liquid or vapor phase;
(d) GIS map
				coordinates of each corner of any building(s) or other areas of the facility
				where hazardous substances will be contained, handled or stored. Locations of
				any proposed groundwater monitoring wells will also be shown. GIS coordinates
				are to be to sub-meter precision and accuracy in a format compatible with the
				State of Maine Geographical Information System;
NOTE: The Maine Geographic Information System (GIS) uses as a
				  standard the UTM (Universal Traverse Mercator) system. The datum system used is
				  the NAD83 (North American Datum 1983) version.
(e) If a variance is sought under section
				4(B) or 4(C) of this chapter, a written report supporting the variance request.
				If the report includes ground water quality or other hydrogeological data that
				was collected and interpreted in support of the variance request, the data and
				its written analysis must be certified by a Maine-certified geologist. If the
				variance request is based on a municipal land use ordinance, the report must
				include a copy of the relevant sections of the ordinance and a copy of the
				relevant land use mapping, certified by an authorized official of that
				municipality as being current and true copies. The location of a proposed
				facility must be accurately shown on the land use map.
(f) If a variance is sought under section
				4(D) of this chapter, identification and a description of the design,
				installation, monitoring or other engineering and operating enhancements that
				will supplement the applicable requirements of Rules for Underground Hazardous
				Substance Storage Facilities, 06-096 C MR Chapter 695 and Rules for Underground
				Oil Storage Facilities, 06-096 C MR Chapter 691
,
and the
				Hazardous Waste Management Rules 06-096 CMR Chapters 850, 851, 854, 855, and
				856 and the Waste Oil Management Rules 06-096 CMR Chapters 860, and a narrative
				explaining how the enhancements further minimize the risk of discharges and the
				likelihood of future ground water contamination.
NOTE: A pre-application meeting with the department is
				  recommended to ensure the applicant understands the variance requirements as
				  they may apply to the specific proposed facility site. Such meetings usually
				  avoid misunderstandings of expectations and processing delays.