Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 400 - GENERAL PROVISIONS › Section 096-400-3 - Solid Waste Licensing Process

Current through 2024-29, July 17, 2024
The Department shall issue a license for a solid waste
				  facility or activity whenever it finds that the facility or activity satisfies
				  all applicable requirements of the Maine Solid Waste Laws, all applicable
				  requirements of this Chapter, and other chapters of these rules.
A.
Processing of Applications.
Applications will be processed in accordance with the requirements of 06-096
				CMR2 unless otherwise specified in these rules.
B.
Types of Licenses for Solid Waste
				Facilities and Activities
(1)
Permits for new solid waste facilities or activities and for expanded
				solid waste disposal facilities
. Applicants for new solid waste
				facilities and activities and for expanded solid waste disposal facilities
				required to be licensed under these rules shall comply with the following:
(a)
Full Facility Licensing
.
				Full licensing is the application procedure subject to all of the standards and
				requirements of this Chapter and the relevant facility chapters (06-096 CMR 401
				through 419, inclusive). New solid waste facilities and new or expanded solid
				waste disposal facilities are subject to full facility licensing provisions
				unless the reduced procedures licensing provisions or permit-by-rule
				notification provisions of the relevant facility chapter apply;
(b)
Reduced Procedures
				Licensing
. Reduced procedures licensing is a license application
				procedure that, depending upon the type of facility or activity, involves fewer
				requirements in one or more of the following areas:
(i) Siting and/or operational information
				submitted in the application; or
(ii) Licensing application processing time
				frame; and
Standards for licensing through reduced procedures for
				  specific solid waste facilities or activities are found in the individual
				  chapters of these rules.
(c)
Permit by Rule
				Notifications
. The Department has designated certain licensing actions
				involving solid waste facilities or activities under the permit-by-rule
				authority of 38 M. R. S. A. §344(7) provided that these facilities or
				activities strictly conform to the standards prescribed in these rules. A
				permit-by-rule is generally obtained by notifying the Department of the
				proposed action by way of a permit-by-rule notification form;
(i) Prior to acceptance of a permit-by-rule
				notification for processing, an applicant shall demonstrate to the Department's
				satisfaction sufficient title, right or interest in all of the property which
				is proposed for development or use pursuant to this Chapter, section 4(A).
(ii) Except for specific
				submission requirements for each type of solid waste facility or activity
				designated as permit-by-rule in these rules, the Department assumes that those
				facilities or activities meet the general siting criteria of section 4 because
				of their small scale or the siting, design, or operational limitations placed
				on them. No variances to the standards, criteria, or requirements for
				facilities licensed under a permit-by-rule process may be granted.
(iii) Within 30 days prior to filing, an
				applicant for a permit-by-rule facility or activity shall give public notice of
				intent to file a permit-by-rule notification with the Department. The notice
				must be mailed by certified mail or Certificate of Mailing to the municipal
				office of the municipality(ies) where the project will be located. A copy of
				the public notice must be submitted to the Department with the permit-by-rule
				notification.
The public notice must include the following
				  information:
a.  Name, address and
				telephone number of the applicant;
b.
				 Citation of the statutes or rules under which the permit-by-rule
				notification is being processed;
c.
				 Location of the activity;
d.
				 Summary of the activity;
e.
				 Anticipated date for filing the permit-by-rule notification with
				the Department; and
f.  A statement
				that public comments on the permit-by-rule notification may be provided to the
				Department within 10 days of the filing of the permit-by-rule notification,
				together with the mailing address of the Department.
Public notice for permit-by-rule notifications does not
				  include the publishing of a notice in a newspaper or the serving of a notice
				  upon abutters to the project unless required by specific permit-by-rule
				  provisions of these rules.