Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-375-10 - Control of Noise

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes that the construction,
				operation and maintenance of developments may cause excessive noise that could
				degrade the health and welfare of nearby neighbors. It is the intent of the
				Department to require adequate provision for the control of excessive
				environmental noise from developments proposed after the effective date of this
				regulation.
B.
Applicability
(1) This
				regulation applies to proposed developments within municipalities without a
				local quantifiable noise standard and in unorganized areas of the State. When a
				proposed development is located in a municipality which has duly enacted by
				ordinance an applicable quantifiable noise standard, which (1) contains limits
				that are not higher than the sound level limits contained in this regulation by
				more than 5 dBA, and (2) limits or addresses the various types of noises
				contained in this regulation or all the types of noises generated by the
				development, that local standard, rather than this regulation, shall be applied
				by the Department within that municipality for each of the types of sounds the
				ordinance regulates. This regulation applies to developments located within one
				municipality when the noise produced by the development is received in another
				municipality and, in these cases, the Department will also take into
				consideration the municipalities' quantifiable noise standards, if
				any.
(2) This regulation applies to
				expansions and modifications of developments when such expansions and
				modifications are proposed after the effective date of this regulation and
				subject to site location approval, but only to the noise produced by the
				proposed expansion or modification of the development, unless (1) the existing
				development was constructed since 1-1-70 and (2) at the time of construction,
				the existing development was too small to require site location approval. In
				situations where conditions (1) and (2) above apply, then this regulation
				applies to the whole development (both existing facility and proposed expansion
				or modification). This regulation also applies to expansions and modifications
				of existing developments when such expansions and modifications require an
				amendment to the development's Site Law permit, but only to the noise produced
				by the expansion or modification.
(3) This regulation does not apply to
				existing developments or portions of existing developments constructed prior to
				1-1-70 or approved under the Site Law prior to the effective date of this
				regulation. This regulation does not apply to relicensing of existing solid
				waste facilities previously approved under the Site Law.
(4) The sound level limits contained in this
				regulation apply only to areas that are defined as protected locations, and to
				property lines of the proposed development or contiguous property owned by the
				developer, whichever are farther from the proposed development's regulated
				sound sources.
(5) The sound level
				limits contained in this regulation do not apply to noise received within the
				development boundary.
NOTE
: The Department will reconsider the effect
				  and operation of the regulation one year from its effective date.