reglab/statecodes huggingface dataset:
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 9 - EXCLUDED ACTIVITIES › Section 096-200-9-36 - Pre-application sampling and testing plan

Current through 2024-29, July 17, 2024
As part of the mandatory preapplication process, prior to
					 submission of an exclusion application pursuant to Section 38 of this
					 Subchapter, the applicant must submit in writing a sampling and testing plan
					 for mine waste, including ore, to the Department for review and approval. The
					 sampling and testing plan may include sampling and testing already completed in
					 accordance with Subchapter 2 of this Chapter. The submission of sampling and
					 testing plans for review, and the Department's review and approval or rejection
					 of such plans, are not subject to Chapter 2 of the Department's Rules and are
					 not final licensing decisions. Sampling and testing plans shall include but are
					 not limited to:
A. Geologic
				  information and proposed exclusion area. The sampling and testing plan must
				  include available information on geologic resources, including:
(1) A geologic map showing known geologic
				  units, stratigraphy, structures, fault systems, borings, cross sections, and
				  the proposed exclusion area;
(2)
				  The results of mineralogical or chemical analyses already undertaken at the
				  site; and
(3) Other relevant,
				  available geologic information.
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 9 - EXCLUDED ACTIVITIES › Section 096-200-9-37 - Pre-application water quality evaluation plan

Current through 2024-29, July 17, 2024
As part of the mandatory preapplication process, prior to
					 submission of an exclusion application pursuant to Section 38 of this
					 Subchapter, the applicant must submit a pre-application water quality sampling
					 and testing plan to the Department for review and approval. The purpose of the
					 pre-application water quality evaluation is to record the characteristics of
					 groundwater and surface water in and near the proposed exclusion area prior to
					 the submission of an exclusion application pursuant to Section 38 of this
					 Subchapter. The pre-application water quality evaluation plan may include
					 sampling, measurements, and testing completed prior to the preapplication
					 process. The submission of pre-application water quality evaluation plans for
					 review, and the Department's review and approval or rejection of such plans,
					 are not subject to Chapter 2 of the Department's Rules and are not final
					 licensing decisions. Pre-application water quality evaluation plans must
					 include but are not limited to:
A.
				  Hydrologic information. The plan must include available information on
				  hydrology, including waterbodies, and available information about groundwater
				  depths or flow paths.
B. Sampling
				  locations and schedule. The plan must include the locations from which surface
				  water samples, groundwater samples, and water table elevation measurements will
				  be taken, the planned sampling schedule, and a justification for the sampling
				  sites and timing chosen. Sampling must include, but is not limited to, the
				  following:
(1) Groundwater:
(a) A minimum of three groundwater monitoring
				  wells, including one upgradient and one downgradient from the exclusion area;
				  and
(b) Water table elevation
				  measurements from each groundwater monitoring location every other week during
				  April, May, and June, and once in September, December, and March for a full
				  year, unless the Department determines that a different frequency or timing is
				  more appropriate; and
(c)
				  Groundwater quality sampling and testing on a quarterly basis for a full year,
				  unless the Department determines that a different frequency is more
				  appropriate.
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 9 - EXCLUDED ACTIVITIES › Section 096-200-9-38 - Exclusion application submissions

Current through 2024-29, July 17, 2024
An applicant may submit an exclusion application pursuant
					 to this Section only after meeting all preapplication requirements of this
					 Subchapter to the satisfaction of the Department pursuant to Sections 36 and 37
					 of this Subchapter. In addition to the requirements of this Section, exclusion
					 applications pursuant to this Section are also subject to all requirements of
					 Chapter 2 of the Department's Rules.
A. The applicant must submit the full name,
				  mailing address, and phone number(s) of the applicant and principal
				  representative of the applicant;
B.
				  The applicant must submit evidence of title, right, or interest in all of the
				  property within the exclusion area, as required by Chapter 2 of the
				  Department's Rules, in order for the application to be accepted for
				  processing;
C. Location. The
				  location of the proposed activity must be provided including, but not limited
				  to, the following:
(1) The location, including
				  all the municipalities or townships and counties, of the proposed site,
				  including a detailed depiction of the proposed exclusion area and any other
				  areas where monitoring or excluded activities will take place;
(2) A legal description of the proposed
				  site;
(3) Whether or not any
				  portion of the proposed site is within the jurisdiction of the Land Use
				  Planning Commission, and if so, identification of all applicable land use
				  district(s) for the proposed site; and
(4) The names and addresses of abutting
				  property owners.
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 9 - EXCLUDED ACTIVITIES › Section 096-200-9-39 - Exclusion

Current through 2024-29, July 17, 2024
A. An exclusion may
				  be granted for: physical extraction of metallic minerals within the specified
				  exclusion area; and crushing, grinding, physical sorting, or storage of
				  metallic minerals extracted from the exclusion area occurring either within the
				  exclusion area or, if outside the exclusion area, within a building or shelter
				  that prevents rain, snow, snowmelt, ice melt, and runoff from comingling with
				  the metallic minerals. This exclusion may only be granted when the following
				  criteria are met:
(1) Those activities will
				  only generate mine waste that does not have the potential to cause a violation
				  of water quality standards, with the exception of sedimentation or turbidity,
				  under 22
				  M.R.S. §2611, Title 38, Chapter 3,
				  Subchapter 1, Article 2 (Pollution Control), Title 38, Chapter 3, Subchapter 1,
				  Article 4-A (Water Classification Program), or any other applicable water
				  quality standards;
(2) Those
				  activities will only generate mine waste that does not have the potential to
				  create acid rock drainage or alkali rock drainage;
(3) Those activities will not release or
				  expose radioactive or other materials that could endanger human health or the
				  environment;
(4) All mine waste,
				  including ore, that will be generated by the excluded activities will be Group
				  C waste, as defined in this Chapter; and
(5) Any crushing, grinding, physical sorting
				  or storage of metallic minerals extracted from the exclusion area that occurs
				  outside the exclusion area will occur entirely within a building or shelter
				  that prevents rain, snow, snowmelt, ice melt, and runoff from comingling with
				  the metallic minerals and waste rock.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-1 - ADMINISTRATION

Current through 2024-29, July 17, 2024
A. Purpose and scope
Pursuant to 22 MRS chapter 157-A, this rule is to establish
				  quality requirements for laboratory data received by the DHHS and the DEP. The
				  rule establishes procedures for accrediting laboratories by creating minimum
				  criteria for laboratory operations, performance, and administration.
				  Accreditation pursuant to this rule is required for all laboratories, including
				  industrial, commercial, academic and governmental, that analyze samples under
				  the following regulations: Safe Drinking Water Act; Clean Water Act; Resource
				  Conservation and Recovery Act; and Leaking Underground Storage Tanks (LUST)
				  Program for the DHHS and/or the DEP. The Maine Laboratory Accreditation Program
				  (MLAP) within Maine Center for Disease Control and Prevention (Maine CDC) will
				  accredit laboratories for drinking water, non-potable water, air, and solid and
				  chemical materials, including tissues and septage, in accordance with this
				  rule.
B. Exceptions
1. Treatment plants with in-house drinking
				water laboratories involved in limited analysis required for system or
				treatment surveillance but deemed by the United States Environmental Protection
				Agency (EPA) and the MLAP as analytes not required for analysis by an
				accredited laboratory under 10-144 CMR Ch. 231 §
										7, Rules Relating to Drinking Water,
				do not need to be accredited.
2.
				Laboratories operated by wastewater discharge facilities licensed pursuant to
				38 MRS §
										413 may analyze wastewater
				discharges for biological or biochemical oxygen demand (BOD), carbonaceous BOD,
				chemical oxygen demand, chlorine residual, color, conductivity, dissolved
				oxygen,
E. coli,
enterococcus, fecal coliform, pH, settleable
				solids, temperature, total dissolved solids, total suspended solids, and
				turbidity, without being accredited under this rule.
a. This exception is limited to a laboratory
				testing its own samples for pollutants listed on its permit or license,
				pretreatment samples, and samples from other wastewater treatment plants for up
				to 60 days of analysis per year.
b.
				A day of analysis is defined as analyzing one or more samples for one or more
				parameters, all with the same sampling date. When analyzing multiple samples
				for one or more parameters spanning two or more sampling dates, the count of
				the different sampling dates will define the days of analysis.
3. This rule does not address the
				management of waste streams or the use of hazardous or toxic substances.
				Laboratories should consult with the DEP regarding any such rules that may
				apply to their facility or operations.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-3 - METHODS REQUIRED FOR ACCREDITATION

Current through 2024-29, July 17, 2024
A.
Scope
1. The laboratory must use
				appropriate methods and procedures for all tests within its scope. These
				methods and procedures include sampling, handling, transport, storage and
				preparation of samples as well as statistical techniques for analysis of test
				data.
2. The laboratory must retain
				instructions on the use and operation of all relevant equipment and on the
				handling and preparation of samples. All instructions, standards, manuals and
				reference data relevant to the work of the laboratory must accurately reflect
				method requirements, must be kept current, and must be made readily available
				to personnel. Deviations from test methods may occur only if the deviation has
				been documented, technically justified, authorized, accepted by the client, and
				allowed by regulation. Deviations from Drinking Water methods are not
				permitted.
3. Laboratories must
				observe appropriate methodologies for conducting analyses.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-4 - APPLICATION PROCESS

Current through 2024-29, July 17, 2024
A.
Application requirements.
These requirements pertain to all
				laboratories applying for accreditation, including those seeking limited
				accreditation or renewal of accreditation.
1.
				A laboratory may request to be accredited for the use of methods and analytes
				eligible for accreditation according to Section
				3. The accreditation officer will
				maintain a MAT of methods and analytes by program and matrix, available for
				accreditation.
2. Out-of-state
				laboratories may not apply for programs, matrices, methods or analytes in which
				they do not have primary certification or accreditation by another approving
				body.
3. A laboratory must specify
				the fields of testing for which it seeks accreditation using the MAT maintained
				by the accreditation program. No laboratory may receive initial accreditation
				without approval of at least one field of testing.
4. A laboratory must apply using the
				appropriate form (Initial or Renewal Application) provided by MLAP. The
				laboratory must supply:
a. The name of the
				laboratory;
b. The physical
				location, postal mailing address and email address of the laboratory;
c. The name(s) of the owner(s) of the
				laboratory;
d. The name(s) and
				telephone number(s) of designated contact person(s) as well as the laboratory
				technical director and quality assurance officer;
e. The applicable fees, including a
				nonrefundable base accreditation fee and fees for each test method in which the
				laboratory seeks accreditation;
f.
				A QA manual meeting the standards of Section
				9(A);
g. SOPs for methods requested for laboratory
				accreditation meeting the standards of Section
				9(B). Out-of-state
				laboratories are required to submit SOPs only at the request of the
				accreditation program;
h. The most
				recent proficiency testing result for each field of testing for which the
				laboratory seeks accreditation. The proficiency testing samples must be
				supplied by an approved provider and be analyzed within six months of the date
				that the application is received by the accreditation officer;
i. An accurate copy of the MAT including the
				laboratory's detection limits and reporting limits for each field of testing
				for which the laboratory is requesting accreditation; and
j. If the laboratory is an out-of-state
				laboratory, a copy of the most recent on-site assessment report with final
				responses and current copies of all relevant certificates and scopes.
5. A laboratory that owns or
				manages laboratory facilities at different locations must submit a separate
				application for each laboratory location except as provided for mobile
				laboratories in Section
				4(C).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-6 - FEES

Current through 2024-29, July 17, 2024
A.
Payment
1. When a laboratory requests accreditation
				in Maine, the laboratory must submit all applicable fees with the
				application.
2. All applications or
				requests to change the scope of accreditation must be accompanied by the
				applicable fees specified in this section.
3. Application fees apply to the addition of
				methods for reinstatement after revocation or denial of
				accreditation.
4. No fee will be
				assessed for the addition of fields of testing in response to a notice of
				availability when an application is submitted under the conditions specified in
				Section 4, or for the
				addition of analytes to a test method which the laboratory maintains
				accreditation.
5. Payment of fees
				must be in the form of a check or money order, made payable to the ''Treasurer,
				State of Maine.''
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-7 - ACCREDITATION

Current through 2024-29, July 17, 2024
A.
Levels of laboratory/method
				accreditation
1. An accredited
				laboratory has met the regulatory performance criteria as explained in this
				rule and as specified by the 40 CFR Part(s) 141, as amended up to July 1, 2022,
				and/or 40 CFR Part 136 , as updated in the Annual Edition of July 1, 2022, and
				all other applicable regulatory requirements.
2. A provisionally accredited laboratory has
				deficiencies but demonstrates its ability to consistently produce valid data
				within the acceptance limits specified by the 40 CFR Part(s) 141, as amended up
				to July 1, 2022, and/or 40 CFR Part 136 , as updated in the Annual Edition of
				July 1, 2022, and within the policies required by this rule. A provisionally
				accredited laboratory may analyze samples for compliance purposes, if clients
				are notified in writing of its provisional status and affected methods/analytes
				are notated on reports as "provisionally accredited." The accreditation officer
				may not grant provisional accreditation if the accreditation officer determines
				that the laboratory cannot perform an analysis within the acceptance limits
				specified by this rule and applicable regulations.
3. A laboratory may not possess accreditation
				for a method under this rule if, in the opinion of the accreditation officer,
				the lab is determined to be deficient in performance and cannot consistently
				produce valid data for that specific method.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-8 - QUALITY SYSTEMS

Current through 2024-29, July 17, 2024
A.
Laboratory
				organization
The laboratory must:
1. Be an entity that can be held legally
				responsible;
2. Carry out its
				testing activities in such a way as to meet the requirements of this rule and
				to satisfy the needs of clients and the regulatory authorities;
3. Have technical management and personnel
				who, irrespective of other responsibilities, have the authority and resources
				needed to carry out their duties and to identify the occurrence of departures
				from the quality system and to initiate actions to prevent or minimize such
				departures;
4. Use personnel
				employed by, or under contract to, the laboratory. Where contracted and
				additional technical and key support personnel are used, the laboratory must
				ensure that such personnel are supervised and competent and that they work in
				accordance with the laboratory's quality system;
5. Have a written policy that, as indicated
				by signature, ensures management and personnel are free from any undue internal
				and external commercial, financial and other pressures, and influences that may
				adversely affect the quality of their work or diminish confidence in its
				competence, impartiality, judgement or operational integrity;
6. Define the organization and management
				structure of the laboratory, its place in any parent organization and the
				relationships between quality management, technical operations and support
				services;
7. Define the
				responsibilities of key personnel in the organization that have an involvement
				or influence on the testing, if the laboratory is part of an organization
				performing activities other than testing, in order to identify potential
				conflicts of interest;
8. Have
				policies and procedures to ensure the protection of its clients' confidential
				information and proprietary rights, including procedures for protecting the
				electronic storage and transmission of results;
9. Maintain records of the relevant
				authorization(s), demonstration(s) of capability, educational and professional
				qualifications, training, skills and experience of all technical personnel,
				including contracted personnel. This information must be readily available and
				include the date on which authorization and/or competence is confirmed;
				and
10. Maintain initials and
				signatures of anyone analyzing or reviewing data so that the records can be
				traced back to the individual approving the data.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-10 - PROFICIENCY TESTING REQUIREMENTS

Current through 2024-29, July 17, 2024
A.
Obtaining
				proficiency test samples
A laboratory must obtain proficiency test samples from an
				  approved provider meeting the criteria below:
1. Approved providers of proficiency test
				samples
a. The National Environmental
				Laboratory Accreditation Program (NELAP) Institute, also known as The NELAP
				Institute (TNI);
b. EPA;
				or
c. Other proficiency test
				providers that are also accreditation bodies.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-11 - QUALITY CONTROL CRITERIA

Current through 2024-29, July 17, 2024
A.
Quality
				control criteria for chemistry
1.
				Scope
a. This section applies to laboratories
				performing testing under the inorganic chemistry, metals, volatile organic
				compounds and other organic compounds test categories unless otherwise
				indicated.
b. All requirements in
				this Section must be incorporated into the laboratory's procedures, unless
				otherwise directed by the approved method. The quality control requirements
				specified by the laboratory's standard operating procedures must be
				followed.
c. All quality control
				measures must be assessed and evaluated on an ongoing basis and quality control
				acceptance criteria must be used to determine the validity of the
				data.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 263 - MAINE COMPREHENSIVE AND LIMITED ENVIRONMENTAL LABORATORY ACCREDITATION RULE › Section 096-263-12 - WASTE MANAGEMENT

Current through 2024-29, July 17, 2024
A. SOPs for waste
				management
The laboratory must have SOPs for the disposal of samples,
				  digestates, leachates and extracts or other sample preparation products. All
				  waste must be managed according to the following requirements:
1. Solid waste, as defined in the
Maine Hazardous Waste, Septage and Solid Waste Management Act
,
				38 MRS §
										1303- C(29), must be managed in
				accordance with the
Solid Waste Management Rules
, 06-096 CMR,
				Ch. 400 - 425.
2. Incinerator ash,
				provided it is not hazardous by characteristic, is a special waste. Regulations
				governing the handling, storage and disposal of incinerator ash are specified
				in 06-096 CMR, Chs. 400 - 425 of the Solid Waste Management Rules. Incinerator
				ash which meets hazardous waste characteristics, as defined in
Identification of Hazardous Wastes
, 06-096 CMR, Ch. 850, must
				be managed as a hazardous waste.
3.
				Hazardous wastes, as defined by 38 MRS §
										1303- C(15) (with the exception of
				infectious and pathogenic wastes) and in 06-096 CMR, Ch. 850 must be managed in
				accordance with Maine's Standards for Hazardous Waste Facilities, Licensing of
				Transporters of Hazardous Waste Rules, Standards for Hazardous Waste Facilities
				Rules, Interim Licenses for Waste Facilities for Hazardous Wastes Rules,
				Licensing of Hazardous Waste Facilities Rules and Hazardous Waste Manifest
				Requirements (See 06-096 CMR, Chs. 850 - 857).
4. Radioactive material, as defined by the
				Radiation Protection Act pursuant to 22 MRS §
										673, must be managed in accordance
				with the rules of the U.S. Nuclear Regulatory Commission and the Maine Rules
				Relating to Radiation Protection (10-144 CMR, Ch. 220).
5. Biomedical waste, as defined by 38 MRS
				§
										1303- C(1-A),
				must be managed in accordance with the
Biomedical Waste Management
				Rules
, 06-096 CMR, Ch. 900.
6. If there is a conflict between another
				applicable rule or regulation and this rule, the more restrictive requirement
				applies.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-1 - Introduction

Current through 2024-29, July 17, 2024
A "permit by rule" or "PBR", when approved by the Department
				  of Environmental Protection (DEP), is an approval for an activity that requires
				  a permit under the Natural Resources Protection Act (NRPA). Only those
				  activities described in this chapter may proceed under the PBR process. A PBR
				  activity will not significantly affect the environment if carried out in
				  accordance with this chapter, and generally has less of an impact on the
				  environment than an activity requiring an individual permit. A PBR satisfies
				  the Natural Resources Protection Act (NRPA) permit requirement and Water
				  Quality Certification requirement.
If a proposed activity is not described in this chapter, or
				  will not be conducted in accordance with the standards of this chapter, the
				  applicant must obtain an individual permit prior to beginning the
				  activity.
A.
Location of
				activity.
The location of an activity may affect whether an activity
				qualifies for PBR, and whether review by the Department of Inland Fisheries and
				Wildlife is required.
(1) Type of resource.
				For some types of activities, the availability of a PBR is affected by the type
				of natural resource in or adjacent to which the activity is proposed. For
				example, an applicant proposing an activity consisting of "Movement of rocks or
				vegetation" may receive a PBR only if the activity will take place in a great
				pond, river, stream or brook. Limitations concerning the location of activities
				are addressed in the "Applicability" provision in each section of this
				chapter.
(2) Essential habitat.
				Essential habitats include areas critical to the survival of threatened and
				endangered species such as the bald eagle, least tern, roseate tern, and piping
				plover. If the activity is located in essential habitat, such as near an eagle
				nesting site, a PBR is only available if the applicant obtains written approval
				from the Department of Inland Fisheries and Wildlife (IF&W). This approval
				from IF&W must be submitted to the DEP with the PBR notification form, and
				the applicant must follow any conditions stated in the IF&W approval.
NOTE: Maps showing areas of essential habitat are available
				  from the Department of Inland Fisheries and Wildlife regional headquarters,
				  municipal offices, the Land Use Regulation Commission (for unorganized
				  territories) and DEP regional offices. If the activity is located in essential
				  habitat, IF&W must be contacted to request and obtain a "certification of
				  review and approval".
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-2 - Activities adjacent to protected natural resources

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section applies to an activity
				adjacent to, but not in:
(a) A coastal
				wetland, great pond, river, stream or brook or significant wildlife habitat
				contained within a freshwater wetland; or
(b) Freshwater wetlands consisting of or
				containing:
(i) Under normal circumstances, at
				least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or
				open water, except for artificial ponds or impoundments; or
(ii) Peatlands dominated by shrubs, sedges
				and sphagnum moss.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-4 - Replacement of structures

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the replacement of an existing permanent structure in, on, or over a
				coastal wetland, freshwater wetland, great pond, fragile mountain area, or
				river, stream or brook. Some activities involving maintenance and repair of a
				permanent structure may not require a permit (see note 2 at the end of this
				section).
(2) In order to be
				eligible for this section, the structure must have been in place and
				functioning as intended within 24 months of the DEP's receipt of the
				notification form. A permit by rule for replacement is valid for three years
				from the date of approval.
(3) This
				section does not apply to the replacement of a structure adjacent to a
				protected natural resource. (See Section
				2: Activities adjacent to protected
				natural resources.)
(4) This
				section does not apply to structures located within a sand dune system. (See
				Section 16: Activities in
				coastal dune systems.)
(5) This
				section does not apply to the replacement of a dam or a tidal flood
				gate.
(6) This section does not
				apply to an activity that is not or will not be in compliance with the terms
				and conditions of permits issued under the Site Location of Development Law, 38
				M.R.S.A. Sections
				481 to
				490, the Storm Water Management Law,
				38 M.R.S.A. Section
				420- D, or the Natural Resources
				Protection Act, 38 M.R.S.A. Sections
				480-A to
				480- Z.
(7) This section does not apply to an
				activity that will not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for
				  information on local shoreland zoning requirements
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-6 - Movement of rocks or vegetation

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the limited movement of rocks or hand removal of vegetation from
				below the normal high water line of a great pond or river, stream or brook in
				order to provide access for swimming or navigation.
(2) This section does not apply to an
				activity that is not or will not be in compliance with the terms and conditions
				of permits issued under the Site Location of Development Law, 38 M.R.S.A.
				Sections 481 to
				490, the Storm Water Management Law,
				38 M.R.S.A. Section
				420- D, the Natural Resources
				Protection Act, 38 M.R.S.A. Sections
				480-A to
				480- Z.
(3) This section does not apply to an
				activity that will not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for
				  information on local shoreland zoning requirements.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-7 - Outfall pipes

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the installation and maintenance of a permanent outfall pipe, an
				outlet from a ditch or drain tile for storm water, ground water or other
				discharges licensed by the DEP in or on land adjacent to a coastal wetland,
				freshwater wetland, great pond, river, stream or brook.
NOTES:
(1) A
				wastewater discharge license from the DEP is required for any discharge from an
				the outlet other than stormwater from residential development; small commercial
				or industrial facilities; or uncontaminated groundwater.
(2) A permit will be required from the US
				Army Corps of Engineers for the following types of projects:
(a) Any activity involving open trench
				excavation in a waterbody or wetland;
(b) Any activity in coastal
				waterways;
(c) Any activity within
				a river, stream or brook between October 2 and July 14; or
(d) Any activity involving work in waterways
				designated as Essential Fish Habitat for Atlantic salmon including all aquatic
				habitats in the watersheds of the following rivers and streams, including all
				tributaries to the extent that they are currently or were historically
				accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream,
				Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten
				Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot,
				Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the PBR notification and original photographs, not
				  photocopies, should be submitted to the Corps of Engineers for these activities
				  (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME
				  04351. Tel. (207) 623-8367).
(2) This section does not apply to an
				activity that is not or will not be in compliance with the terms and conditions
				of permits issued under the Site Location of Development Law, 38 M.R.S.A.
				Sections 481 to
				490, the Storm Water Management Law,
				38 M.R.S.A. Section
				420- D, or the Natural Resources
				Protection Act, 38 M.R.S.A. Sections
				480-A to
				480- Z.
(3) This section does not apply to an
				activity that will not conform to the local shoreland zoning ordinance.
NOTE: Contact the local Code Enforcement Officer for
				  information on local shoreland zoning requirements.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-8 - Shoreline stabilization

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the establishment of vegetation adjacent to any protected natural
				resource and the installation of riprap along the shoreline of a great pond,
				freshwater wetland with over 20,000 square feet of open water, stream or
				brook.
(2) This section applies
				only to areas where erosion exists and vegetation is not present, as
				demonstrated by photographs submitted with the notification form.
(3) This section does not apply to riprap on
				any river as defined by 38 M.R.S.A. Section
				436- A(11), the Mandatory Shoreland
				Zoning Act (information is available at the Town Office).
(4) This section does not apply to a riprap
				project that affects more than 100 feet of shoreline.
(5) This section does not apply to areas
				within any portion of a coastal sand dune system even if portions of these
				systems extend into the coastal wetland.
(6) This section does not apply to an
				activity that will not conform to the local shoreland zoning
				ordinance.
NOTES:
(1) Contact
				the local Code Enforcement Officer for information on local shoreland zoning
				requirements.
(2) A permit will be
				required from the US Army Corps of Engineers for riprap projects that include
				fill below the ordinary high water line of fresh waters or below the spring
				high tide line of tidal waters.
A copy of the PBR notification form and original photographs,
				  not photocopies, should be submitted to the Corps of Engineers for these
				  activities (US Army Corps of Engineers, 675 Western Avenue, Suite #3,
				  Manchester, ME 04351. Tel. (207) 623-8367).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-10 - Stream crossings (bridges, culverts and fords)

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section applies to the construction
				of a bridge span or culvert crossing of a river, stream or brook, and
				associated accessway construction within 25 feet of the river, stream or brook
				crossing excluding the following:
(a)
				Crossings of outstanding river segments identified in 38 M.R.S.A. Section
				480- P;
(b) Crossings of any river as defined by 38
				M.R.S.A. Section
				436- A(11), the Mandatory Shoreland
				Zoning Act (information is available at the Town Office); or
(c) Crossings of any portion of a river,
				stream or brook that experiences tidal action.
NOTE: Temporary structures do not require a permit from the
				  department under the Natural Resources Protection Act (NRPA) provided no
				  filling and minimal soil disturbance occurs. All crossings involving filling in
				  and adjacent to a river, stream or brook, such as culvert crossings, are
				  subject to the NRPA and must first receive a permit before construction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-11 - State transportation facilities

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the maintenance, repair, reconstruction, rehabilitation, replacement
				or minor construction of a State Transportation Facility carried out by, or
				under the authority of, the Maine Department of Transportation (MaineDOT) or
				the Maine Turnpike Authority, including any testing or preconstruction
				engineering, and associated technical support services.
(2) This section does not apply to an
				activity within a coastal sand dune system.
NOTE: The construction of a transportation facility other
				  than roads and associated facilities may be subject to the Storm Water
				  Management Law, 38 M.R.S.A. Section
				  420- D.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-13 - Habitat creation or enhancement and water quality improvement activities

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to an alteration in or adjacent to a protected natural resource by a
				public natural resource agency. This rule also applies to an alteration in the
				same types of resources by a public utility, the Department of Transportation,
				owner of a federally licensed hydropower project, a conservation group, or a
				municipality in conjunction with and under the supervision of a public natural
				resource agency, exclusively for the purpose of:
(a) Creating or enhancing habitat for
				fisheries or wildlife; or
(b) A
				water quality improvement project.
These activities may include but are not limited to: fishway
				  installation; the construction of artificial reefs; removal, maintenance,
				  installation or modification of dam structures; and the construction and
				  maintenance of nutrient retention structures.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-15 - Public boat ramps

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the construction of a new, or the replacement of an existing, public
				boat ramp or carry-in launch area, including associated parking and accessways,
				in or adjacent to a protected natural resource by a public natural resource
				agency, Maine Department of Transportation, municipality, or owners of a
				federally licensed hydropower project within the resource affected by the
				hydropower project. This section does not apply if a portion of the ramp or
				related facilities is located in, on or over emergent marsh vegetation or
				intertidal mudflat.
(2) This
				section applies to the construction of up to 2 launch lanes at a facility
				provided no more than 2 lanes exist or will exist at the completion of the
				activity.
(3) This section does not
				apply to a new boat ramp on a lake infested with aquatic invasive plants, as
				defined in 38 M.R.S.A. Section
				410- N. The Department of
				Environmental Protection identifies and maintains a list of these infested
				lakes.
NOTE: A permit will be required from the US Army Corps of
				  Engineers for the following types of projects:
(a) Any activity involving open trench
				excavation in a waterbody;
(b) Any
				activity in coastal waterways;
(c)
				Any activity within a river, stream or brook between October 2 and July 14;
				or
(d) Any activity involving work
				in waterways designated as Essential Fish Habitat for Atlantic salmon including
				all aquatic habitats in the watersheds of the following rivers and streams,
				including all tributaries to the extent that they are currently or were
				historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart
				Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream,
				Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap,
				Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the permit by rule notification form and original
				  photographs, not photocopies, should be submitted to the Corps of Engineers for
				  these activities (US Army Corps of Engineers, 675 Western Avenue, Suite #3,
				  Manchester, ME 04351. Tel. (207) 623-8367).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-16 - Activities in coastal sand dunes

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the following activities in coastal sand dune systems:
(a) Repair or replacement of an existing
				seawall, patio, deck, driveway, walkway, porch or parking area;
(b) Dune restoration or
				construction;
(c) Installation or
				repair of underground utility lines;
(d) Construction of a new structure or new
				development, other than a building or closed fence, in a back dune
				area;
(e) New buildings or an
				addition to an existing building in a back dune when mitigation and enhancement
				measures are not required as determined by the DEP;
(f) Construction of closed fences in a back
				dune, non-erosion hazard area;
(g)
				Construction of open fences in a frontal dune or back dune erosion hazard
				area;
(h) Construction of
				cobble-trapping fences with permanent anchors landward of an existing seawall
				in a developed area;
(i)
				Construction of a walkway or driveway on existing developed area in a frontal
				dune; and
(j) Installation of
				underground propane tanks.
PBR applications are reviewed on a case by case basis to
				  determine the concern for damage due to shoreline change. In an area where
				  concern for damage due to shoreline change is identified or mitigation and
				  enhancement measures are required, the applicant is required to file for an
				  individual Natural Resources Protection Act Permit, and is encouraged to
				  contact the DEP for a pre-application meeting.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-16-A - Beach nourishment and dune restoration or construction activities in coastal sand dunes

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the following activities in coastal sand dune systems:
(a) Beach nourishment using upland sources of
				sand and gravel;
(b) Dune
				restoration or construction using upland sources of sand and gravel;
				and
(c) Planting of native dune
				vegetation by hand in excess of 2,000 square feet or on multiple properties.
NOTE: A beach nourishment activity that qualifies under this
				  section may require approval from the U.S. Army Corps of Engineers if the
				  activity will involve work below the mean high water line. Applicants should
				  contact the Army Corps of Engineers Maine Project Office at
				  207-623-8367.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-17 - Transfers and permit extensions

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				allows an individual permit, general permit or tier review approval issued
				under the Natural Resources Protection Act to be transferred from the permittee
				to the applicant when the permitted project changes ownership.
(2) This section allows an individual permit,
				general permit or tier review approval issued under the Natural Resources
				Protection Act to be extended one time provided the approved activity has not
				begun and the permit has not expired. This section does not apply to an
				extension request for a permit previously extended under this
				chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-18 - Maintenance dredging permit renewal

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the renewal of an individual permit issued by the DEP for
				maintenance dredging in a coastal wetland, great pond and river, stream or
				brook provided that:
(a) The area to be
				dredged is located in an area that was dredged within the last ten
				years;
(b) The permit to be renewed
				was an individual Natural Resources Protection Act permit. If the most recent
				dredge was permitted under a PBR, this section does not apply;
(c) The area to be dredged is not located in
				or within 250 feet of an area identified as significant wildlife habitat by the
				Department of Inland Fisheries and Wildlife;
NOTE: Contact the nearest regional office of the Maine
				  Department of Inland Fisheries and Wildlife for more information
(d) Less than 50,000 cubic yards
				will be dredged.