reglab/statecodes huggingface dataset:
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-6 - Deductions from Adjusted Gross Income

Current through 2024-29, July 17, 2024
Adjusted gross income, representing household income, may be
				  adjusted by taking into account the number of children with special needs who
				  are receiving services from the department. For each child in the household
				  receiving services from the department, excepting the first such child, an
				  amount equal to the federal IRS annual deduction for a dependent child may be
				  subtracted from the adjusted gross income figure. An additional deduction may
				  be made for allowable health care expenses as defined by IRS rule for which the
				  applicant has not received other reimbursement. If the total of unreimbursed
				  health care expenditures paid in the tax year (or, alternatively, paid in the
				  twelve-month time span used for the alternative calculation) exceeds 7.5% of
				  the adjusted gross income figure, the amount of the costs in excess of 7.5% of
				  adjusted gross income shall be deducted on the "determination of fees"
				  worksheet.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-7 - Acknowledgement of Accuracy of Information

Current through 2024-29, July 17, 2024
To complete the "determination of fees" worksheet, each adult
				  in the household with legal responsibility for the dependent child shall
				  acknowledge in writing that the information provided by him/her to the service
				  provider is complete and accurate to the best of his/her knowledge by signing
				  the worksheet. The worksheet shall contain adequate notification to the reader
				  that failure to provide complete and accurate information for the completion of
				  the worksheet may be punishable as a crime. The provider shall retain the
				  original of this form in the applicant's file for documentation that a fee will
				  or will not be assessed and for purposes of financial audit.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-8 - Payment of Fees

Current through 2024-29, July 17, 2024
Service providers may require payment of fees at the time
				  services are provided or at a reasonable period of time following the delivery
				  of services. Service providers may suspend services for nonpayment of fees and
				  may retain all fees collected.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Section 472-4-9 - Reporting of Fees

Current through 2024-29, July 17, 2024
Service providers shall provide to the department an
				  accounting of all fees charged under this rule, administrative expenses
				  incurred in billing and collecting such fees, and the amount of fees retained.
				  This information will be reported on the provider's quarterly financial report
				  to the department. The department will adjust reimbursement to providers by the
				  amount of fees collected and an administrative allowance.
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Attachment A

Current through 2024-29, July 17, 2024
DHHS Children's Services - Sliding Fee Schedule as
				  Mandated by PL 673,
				   34-B M.R.S.A.
				  §1208 sub-§
										8
Applicable to services funded through BDS state grant funds
				  for Respite, Outpatient, Case Management and Home-Based Family Services
Federal
Fee as
							 %
Household Income Range according to Family
							 Size
Poverty
of Cost
Level
of
							 Service
2
3
4
5
6
7
8
9
0
0
0
0
0
0
0
0
0-249%
No Fee
to
to
to
to
to
to
to
to
$31,105
$39,023
$46,941
$54,859
$62,777
$70,696
$78,614
$86,532
$31,106
$39,204
$46,942
$54,860
$62,778
$70,697
$78,615
$86,533
250-317%
25%
to
to
to
to
to
to
to
to
$39,600
$49,680
$59,760
$69,841
$79,922
$90,003
$100,083
$110,164
$39,601
$49,681
$59,761
$69,842
$79,923
$90,004
$100,084
$110,165
318-384%
50%
to
to
to
to
to
to
to
to
$47,969
$60,180
$72,391
$84,603
$96,814
$109,252
$121,236
$133,448
$47,970
$60,181
$72,392
$84,604
$96,815
$109,253
$121,237
$133,449
385-450%
75%
to
to
to
to
to
to
to
to
$56,214
$70,524
$84,834
$99,144
$113,454
$127,764
$142,074
$156,384
451%+
100%
$56,215+
$70,525+
$84,835+
$99,145+
$113,455+
$127,765+
$142,075+
$156,385+
Developed in collaboration with the Bureau of
				  Family
Independence
calculated from Federal
				  Poverty Levels effective February 2004
(5/20/04)
Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 4 - REGULATIONS TO ESTABLISH A SLIDING FEE METHODOLOGY FOR STATE GRANT FUNDED CHILDREN'S SERVICES › Attachment B

Current through 2024-29, July 17, 2024
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Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-1 - Purpose

Current through 2024-29, July 17, 2024
The Maine Military Family Relief Fund provides emergency
				  assistance to qualified military members and dependants. The Fund is
				  established to provide emergency assistance grants to families of persons who
				  are members of the Maine National Guard or residents of the State who are
				  members of the Reserves of the Armed Forces of the United States who have been
				  called to military duty. The Fund will be administered as best practicable to
				  fully utilize the available funds, in accordance with the criteria set forth in
				  this rule and the extent of the need.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-2 - Advisory Committee

Current through 2024-29, July 17, 2024
The Adjutant General of the State of Maine may establish and
				  appoint members of the Department of Defense, Veterans and Emergency Management
				  to an advisory committee, entitled the Maine Military Family Relief Fund
				  Committee, to assist in administering the Maine Military Family Relief
				  Fund
.
The Maine Military Family Relief Fund Committee may make
				  recommendations to the Adjutant General for prioritization of payments if
				  available funds are insufficient to address all the financial needs requested;
				  recommend rule changes; and make recommendations to the Adjutant General on
				  requests for grants that exceed $250. The Adjutant General is the final
				  authority to determine to whom and how much assistance, if any, will be
				  provided and is otherwise responsible for overseeing the administration of the
				  Maine Military Family Relief Fund.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-3 - Eligible Recipients

Current through 2024-29, July 17, 2024
The following individuals are eligible to apply for financial
				  assistance:
A. Any member of the Maine
				National Guard or a resident of the state who is a member of the Reserves of
				the Armed Forces of the United States who has been called to military duty;
				and
B. Members of the immediate
				family and dependants of those personnel identified in paragraph A of this
				section. For purposes of this paragraph, "immediate family" means spouse and
				each child of the member of the military, and "dependant" means the parents,
				grandparents, siblings, stepchildren and adult children of the member of the
				military provided they have been determined to be "dependants" by the military
				as demonstrated by having a military identification card identifying the
				service member as the sponsor.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-4 - Application Process

Current through 2024-29, July 17, 2024
A. Eligible
				recipients may apply for funds by submitting a completed application packet
				containing the following:
(1) A completed
				application for Maine Military Family Relief Fund (MENG FP - 37), signed by the
				applicant;
(2) Proof of residency
				(if applicable);
(3) Proof of
				military membership and member's active duty status;
(4) Proof of dependency (if
				applicable);
(5) Military member's
				most current Leave and Earnings Statement (LES) (if available);
(6) Supporting documentation (if applicable),
				such as car repair estimates, rental agreements, utility bills, bank
				statements, employment records, etc.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-5 - Grants

Current through 2024-29, July 17, 2024
A. Applications for grants will be evaluated
				according to the criteria set forth in section 6 of this rule subject to the
				availability of funds and the exercise of the approval authority's discretion
				in evaluating the relative priority of requests if funds are not sufficient to
				satisfy all eligible requests.
B.
				Grants may be made for purposes such as: food, rent, utilities, emergency
				transportation and vehicle repair, funeral expenses, medical/dental expenses,
				short term personal needs when pay is delayed or stolen, emergency home repairs
				necessary to maintain habitability of essential areas (not for home
				improvements), as well as other emergency needs at the discretion of the
				approval authority.
C. Regardless
				of availability, funds shall not be used to:
(1) Help pay for nonessential
				items;
(2) Finance ordinary leave
				or vacation;
(3) Pay fines or legal
				expenses;
(4) Help liquidate or
				consolidate debt;
(5) Assist with
				house purchase or home improvements;
(6) Cover bad checks or pay credit card
				bills;
(7) Establish credit for
				mortgages or car loans.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-6 - Evaluation criteria

Current through 2024-29, July 17, 2024
The criteria that will be considered in determining whether
				  to approve applications for financial assistance include:
A. Nature of assistance requested;
B. Degree of financial hardship:
(1) Current family income;
(2) Current debts and obligations;
(3) Number of dependants.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-7 - Approval process

Current through 2024-29, July 17, 2024
The following shall have authority to act on requests for
				  financial assistance, unless otherwise restricted by the Adjutant
				  General:
A. Level 1 -Requests for
				grants of up to $250 may be acted upon by the Maine National Guard State Family
				Program Coordinator;
B. Level 2 - -
				Requests for grants in excess of $250 will be reviewed by the Maine Military
				Family Relief Fund Committee and the Committee will make a recommendation on
				the request to the Adjutant General. Only the Adjutant General (or by the
				Deputy Commissioner in the absence of the Adjutant General) may approve a grant
				that exceeds $250 .
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-8 - Appeals and Reconsideration

Current through 2024-29, July 17, 2024
An applicant for assistance who is aggrieved by the decision
				  of the approval authority on a Level 1 request may appeal that decision. All
				  appeals must be in writing, and must state the basis for the appeal. All
				  appeals must be mailed to: DVEM, ATTN: Maine National Guard State Family
				  Program Coordinator State House Station #33, Augusta, ME 04333-0033.
Level 1 appeals will be reviewed by the Maine Military Family
				  Relief Fund Committee. The Maine Military Family Relief Fund Committee will
				  provide a recommended decision to the Adjutant General on the appeal. The
				  Adjutant General will review the appeal and the recommended decision from the
				  Maine Military Family Relief Fund Committee and issue a final decision.
				  Decisions will be issued in writing and will include a statement of the reasons
				  for granting or denying the appeal
.
An applicant for assistance who is aggrievedbya decision of
				  the Adjutant General denying or partially denying a Level 2 request for a grant
				  or an appeal of a Level 1 request may request the Adjutant General to
				  reconsider that decision. Requests for reconsideration must be in writing, and
				  must state the basis for reconsideration. The decision of the Adjutant General
				  whether to partially or fully grant or deny the request for reconsideration is
				  final.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 1 - MAINE MILITARY FAMILY RELIEF FUND › Section 213-1-9 - Reporting Requirements

Current through 2024-29, July 17, 2024
A. The Maine
				National Guard Family Program Coordinator shall compile a quarterly report to
				the Adjutant General of all funds expended. The report shall contain
				information as to the military sponsor, military unit of the sponsor, rank of
				the military member, the amount of money provided, and the general reason for
				the award of funds, as well as any other information requested by the Adjutant
				General.
B. The Adjutant General
				shall compile and report to the Joint Standing Committee of the Legislature for
				Legal and Veterans Affairs each year a summary report of the number of grants
				awarded, the range of grants and the average amount of each grant.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 2 - REGISTRATION OF PRIVATE EDUCATIONAL INSTITUTIONS TO PARTICIPATE IN MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM › Section 213-2-1 - Definitions

Current through 2024-29, July 17, 2024
1.
Department.
"Department"
				means the Maine Department of Defense, Veterans and Emergency
				Management.
2.
Bureau.
"Bureau" means the Military Bureau of the Maine Department of Defense, Veterans
				and Emergency Management.
3.
Institution
. "Institution" means an established private,
				non-profit entity with a physical campus located within the state of Maine
				which awards post-secondary degrees and is regionally or nationally accredited
				by an accreditation body recognized by the United States Department of
				Education.
4.
Fund.
"Fund" means the "Maine National Guard Post-Secondary Fund" established
				pursuant to Title 37-B, section 353- A.
5.
Student.
"Student" means any
				member of the Maine National Guard who meets the eligibility criteria of the
				Maine National Guard Education Assistance Program set forth in Title 37-B
				section 354.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 2 - REGISTRATION OF PRIVATE EDUCATIONAL INSTITUTIONS TO PARTICIPATE IN MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM › Section 213-2-2 - Registration Criteria

Current through 2024-29, July 17, 2024
Programs to prepare students for postsecondary education are
				  not eligible to register to participate in this program. In order to be
				  registered to participate in his program, each Institution must meet the
				  following criteria:
1.
Student
				records.
The Institution agrees to review with the Military Bureau
				annually student records of any National Guard member who is enrolled and
				receiving a tuition benefit, in order to verify the student's compliance with
				the requirements set forth in Title 37-B section 354. Such review must be
				conducted in compliance with the
Family Educational Rights and Privacy
				Act
("FERPA").
2.
Campus Location and Assistance.
The Institution must have a campus
				located in Maine which provides classroom instruction as well as staff able to
				provide administrative assistance and counseling, as needed, to eligible Maine
				National Guard members.
3.
Tuition Rate.
If the Institution has separate in-state and out-of
				-state tuition rates, the Institution agrees to charge any student who
				qualifies for the Maine National Guard Education Assistance Program their
				in-state rate.
4.
Tuition
				Benefit Cap.
The Institution accepts and agrees that the tuition
				assistance amount provided to a student by the Bureau from the Fund is capped
				at the University of Maine at Orono's in-state tuition rate per credit hour for
				the previous academic year.
5.
Application of Other Forms of Financial Aid.
The Institution
				agrees to apply the following forms of financial aid for tuition for which the
				student is eligible to the student's tuition balance prior to invoicing the
				Bureau for the tuition benefit from the Fund:
A. a Federal Pell Grant;
B. any tuition reimbursements or financial
				assistance from an employer other than in the form of loans;
C. any federal military tuition assistance
				funds, other than in the form of loans, including but not limited to any
				tuition award from the Post 9/11 GI Bill, if applicable; and
D. any other form of tuition assistance that
				is not in the form of a loan.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 213 - MILITARY BUREAU › Chapter 2 - REGISTRATION OF PRIVATE EDUCATIONAL INSTITUTIONS TO PARTICIPATE IN MAINE NATIONAL GUARD EDUCATION ASSISTANCE PROGRAM › Section 213-3-3 - Registration Approval

Current through 2024-29, July 17, 2024
1.
Initial
				Notice of Opportunity to Register.
The Bureau will send a written notice
				within thirty days of the effective date of this rule, to all qualified
				Institutions known to the Bureau, inviting them to submit a written statement
				of intent to register to participate in the program for the period from January
				2019 through June of 2019.
2.
Notice in Subsequent Years.
The Bureau will send a written notice
				by June 1, 2019 and on or before June 1 of each subsequent calendar year, to
				all qualified Institutions known to the Bureau, inviting them to submit a
				written request to register or to continue their registration for the upcoming
				academic year.
3.
Request to
				Register.
Each eligible Institution that wishes to register for the
				program for the remainder of the 2019-2020 academic year must submit a written
				request no later than July 1,2019. Each Institution that wishes to register or
				continue its registration for a subsequent academic year must submit a written
				request to the Bureau on or before July 1st.Any
				request must be submitted on the Institution's letterhead and must state the
				Institution's intention to participate in the program and its commitment to
				comply with the criteria described in Section 2 of this rule.
4.
Review and Approval.
The
				Bureau will review each written request to register or to continue to be
				registered and, if it finds that the Institution meets the criteria for
				registration, will respond on Bureau letterhead that the Institution is
				registered and thereby eligible to participate in the program for the upcoming
				academic year. If, for any reason, the Bureau concludes that the Institution is
				not eligible to be registered, or that the Institution's request cannot be
				granted without more information, the Bureau must notify the Institution of its
				findings and provide an opportunity for the Institution to supplement its
				request.
5.
Notice of
				Withdrawal.
If the Institution was registered for the previous academic
				year but does not wish to remain registered for the upcoming academic year, it
				must submit a written statement withdrawing from the program by July
				1st.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 1 - RULES FOR ESTABLISHING A PRIMARY/SECONDARY EMERGENCY PLANNING ZONE (EPZ) AND AN INGESTION PATHWAY ZONE › Section 214-1-1 - Delineation of primary, secondary EPZ and Ingestion Pathway Zone adjacent to nuclear power plants

Current through 2024-29, July 17, 2024
A. Definitions
1. Primary EPZ
The primary EPZ is a generic area around a commercial nuclear
				  power plant which is used to assist in off-site emergency planning and the
				  development of a significant response base. Within this zone specific and
				  unique emergency plans will be required for each city/town located in the EPZ.
				  Each plan will contain recommended protective actions and will address those
				  actions deemed necessary to either shelter in place, partially or totally
				  evacuate a portion or the entire zone. This geographic area will be about a ten
				  (10) mile radius around any nuclear power plant recognizing existing natural
				  boundaries and/or geopolitical boundaries.
2. Secondary EPZ
The secondary EPZ will be defined as those cities/towns
				  beyond the primary EPZ where protective actions may be required if an accident
				  occurs at a nuclear power plant. These unique plans will contain specific
				  information as to alert and warning, sources of additional information,
				  recommended drills, tests and exercises for local officials. This area will be
				  defined using appropriate natural boundaries and existing geopolitical
				  boundaries and will approximate a 20 mile radius. A secondary EPZ will be
				  defined for all nuclear power plants in this state or in adjacent states or
				  provinces.
3. Ingestion
				Pathway Zone
The Ingestion Pathway Zone is defined as an area commencing
				  at a nuclear power plant site and extending in a radius of fifty (50) miles
				  from the plant site in this state, adjacent state or province. This area is
				  further defined as that area where an individual may incur exposure caused by
				  ingestion of radiologically contaminated water or foods such as milk and fresh
				  vegetables. One unique plan will be required for each zone. The State of Maine
				  could be affected by three (3) nuclear power plants.
4. MEMA (Maine Emergency Management
				Agency
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 2 - RULES FOR ESTABLISHING FEES FOR REPORTING UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 AND TITLE 37-B Sec. 801, M.R.S.A., CHAPTER 13 › Section 214-2-1 - Fees for Reporting Hazardous Materials

Current through 2024-29, July 17, 2024
A.
Definitions
1.
Extremely
				hazardous substance
: "Extremely hazardous substance" shall have the
				meaning set forth in the
Superfund Amendments and Reauthorization Act
				of 1986
, Public Law 99-499, Title III, Section 302, and listed in
40 Code of Federal Regulations
, Part 355.
2.
Hazardous chemical
:
				"Hazardous chemical" shall mean all chemicals defined as such under,
40
				Code of Federal Regulations
, Part 355.20.
3.
Hazardous material
:
				"Hazardous material" shall mean all chemicals and chemical categories defined
				as extremely hazardous substances and hazardous chemicals in
40 Code of
				Federal Regulations
Part 355.20 and toxic chemicals in
40 Code
				of Federal Regulations
, Part 372.3.
4.
MEMA
: Maine Emergency
				Management Agency.
5.
SARA
:
Superfund Amendments and Reauthorization Act of
				1986
, Public Law 99-499, Title III, known as the
Emergency
				Planning and Community Right-to-Know Act.
6.
SERC
: State Emergency
				Response Commission.
7.
Threshold planning quantity
: "Threshold planning quantity" shall
				have the meanings set forth in the
Superfund Amendments and
				Reauthorization Act of 1986
, Public Law 94-499, Title III, Sections
				302 and 313, and listed in
40 Code of Federal Regulations
,
				Parts 355, 370, and 372.
8.
Title 37-B
: Title 37-B, M.R.S.A., Chapter 13, Public Law
				464.
9.
Toxic
				chemical
: "Toxic chemical" shall have the meaning set forth in the
Superfund Amendments and Reauthorization Act of 1986
, Public
				Law 94-499, Title III, Section 313, and listed in
40 Code of Federal
				Regulations
, Part 372.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Section 214-3-3.1 - GENERAL PROVISIONS

Current through 2024-29, July 17, 2024
a. In accordance
				with the provisions of Section 1063, Chapter 22, Title 37-B M.R.S.A., it is the
				intent of these dam regulations to provide for the proper and safe design and
				construction of impounding structures not exempt from the law to the extent
				required for the protection of public safety.
b. These regulations shall not be construed
				or interpreted to relieve the owner or operator of any impoundment or
				impounding structure of any legal duties, obligations, or liabilities incident
				to ownership, design, construction, operation, or maintenance of the impounding
				structure.
c. These regulations
				shall not serve to negate nor to satisfy requirements applicable to existing or
				proposed impounding structures which may be imposed through provisions of other
				local, state or federal laws, regulations, or ordinances.
d. Any owner who owns, controls, operates,
				maintains, or manages an impounding structure or impoundment not exempt from
				the law, or any owner who proposes to perform any of the preceding, or any
				owner who proposes to construct an impounding structure not exempt from the
				law, shall engage a licensed Professional Engineer who is practicing in Maine
				in accordance with applicable laws of Maine to perform any engineering analysis
				required to comply with these regulations. Such plans and specifications,
				engineering analyses, and any other document prepared in compliance with the
				provisions of these dam regulations shall bear the Maine seal of the licensed
				Professional Engineer who has been engaged to prepare same.
e. These regulations are effective July 1,
				1990.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Section 214-3-3.3 - THE CLASSES OF IMPOUNDING STRUCTURES

Current through 2024-29, July 17, 2024
a. For
				the purposes of these regulations, existing or proposed impounding structures
				shall be classified as one of three categories in accordance with Table 1 of
				this chapter.
b. For the purposes
				of these regulations, hazards pertain to potential loss of human life or
				property damage(s) in the flood plain downstream from the structure in event of
				failure. Structures conforming to criteria for the "low hazard" potential
				category generally will be found in rural or agricultural areas where failure
				may damage some farm buildings, limited agricultural land, or country roads.
				"Significant hazard" potential category structures will be those located in
				predominantly rural or agricultural areas where failure may damage isolated
				homes, secondary highways, minor railroads, or other impounding structures or
				cause interruption of use of service of relatively important pubic [public]
				utilities. Impounding structures in the "high hazard" potential category will
				be those located where failure may cause serious damage to homes, extensive
				agricultural, industrial, and commercial facilities, important public
				utilities, main highways, railroads, or other impounding structures. Hazard
				potential classifications shall be proposed by the owner and shall be subject
				to approval by the Agency. Present and projected development of the flood plain
				downstream from the impounding structure shall be considered in determining the
				classification. Impounding structures shall be subject to reclassification as
				set forth in Section 1065 of Chapter 22, Title 37-B M.R.S.A.
TABLE I
Hazard Potential Classification
Category
Urban Development
Economic
							 Loss
Low Hazard
No permanent structure for human
							 habitation
Minimal (undeveloped to occasional structures or
							 agriculture)
Significant Hazard
No urban development and
							 no more than a small number of habitable structures
Appreciable
							 (notable agriculture, industry, or structures)
High Hazard
Urban development with more than
							 a small number of habitable structures
Excessive (extensive community,
							 industry, or agriculture)
SOURCE: U.S. Army Corps of Engineers
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.4 - PROCEDURE(S) › Subsection 214-3-3.41 - WHO MUST FILE

Current through 2024-29, July 17, 2024
An owner who proposes to construct or reconstruct an
					 impounding structure, shall file with the Agency, on forms provided by the
					 Agency for that purpose, a statement concerning the location, purpose,
					 impounding capacity, and height of the existing or proposed impounding
					 structure. If a proposed impounding structure is not exempt from the provisions
					 of the law, construction may not commence until a full and complete filing has
					 been completed with the agency.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.4 - PROCEDURE(S) › Subsection 214-3-3.42 - PRELIMINARY REPORT

Current through 2024-29, July 17, 2024
The owner of a proposed new impoundment or owner of an
					 existing impoundment which is to be constructed or reconstructed shall submit
					 to the Agency a written Preliminary Report regarding the proposed impounding
					 structure. As a minimum, the Preliminary Report shall include the following
					 information:
a. A general description
				  of the impounding structure and appurtenances and a proposed classification as
				  set forth in Section 3.3 of these regulations. The description shall include a
				  statement of the purpose for which the impoundment and impounding structure is
				  to be used.
b. A general
				  description of properties located in the inundation zone downstream from the
				  site of the proposed impounding structure, including the location and number of
				  residential structures, buildings, roads, utilities and other property that
				  would be endangered should failure of the impounding structure occur.
c. A statement from the governing body of the
				  local political subdivision that they are aware of the intent to build or
				  reconstruct an impounding structure and a description of the zoning ordinances
				  and land use classifications applicable to the affected flood plain downstream
				  and upstream from the site of the proposed impounding structure.
d. Maps showing the general location of the
				  proposed impounding structure that include: the county or city in which the
				  (existing or proposed) impounding structure (or would be) located, the location
				  of roads, access to the site, and the outline of the impoundment. Existing
				  serial photographs and existing topographic maps may be used for the
				  purpose.
e. Preliminary drawings of
				  a general nature which include cross sections, plans and profiles of the
				  impounding structure, proposed pool levels, and type of spillways.
f. Preliminary design criteria, including a
				  description of the size, ground cover conditions, and extent of development of
				  the watershed, the geological and the geotechnical engineering assumptions for
				  the foundations and materials to be used.
g. The owner's written request for
				  preliminary and final inspection.
h. Written documentation by the owner's
				  engineers certifying that dam construction will be consistent with final design
				  plans and as-built plans.
i. A
				  schedule for filling the reservoir.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.4 - PROCEDURE(S) › Subsection 214-3-3.43 - FINAL DESIGN REPORT

Current through 2024-29, July 17, 2024
Construction or reconstruction may not commence until a
					 final design report is received by the Agency. The final design report shall
					 include:
a. A report of geotechnical
				  investigations of the foundation soils or bedrock and of the materials to be
				  used to construct or reconstruct the impounding structure.
b. Design assumptions and analyses sufficient
				  to indicate that the impounding structure will be stable during its
				  construction or reconstruction and during the life of the impounding structure
				  under all conditions of reservoir operations, including rapid filling and rapid
				  drawdown of the impoundment.
c.
				  Confirmation of the stability of the reservoir rim area in order to safeguard
				  against reservoir ruin slides of such magnitude as to create waves capable of
				  overtopping the impounding structure and confirmation of stability during
				  seismic activity.
d. Design
				  assumptions and analyses to indicate that seepage in, around, through, or under
				  the impounding structure, foundation, and abutments win be reasonably and
				  practically controlled so that internal or external forces or results thereof
				  will not endanger the stability of the impounding structure.
e. Calculations and assumptions relative to
				  design of the spillway(s).
f.
				  Provision to insure that the impounding structure and appurtenances will be
				  protected against significant deterioration or erosion due to freezing and
				  thawing, wind and rain, or any combination thereof.
g. Other pertinent design date, assumptions,
				  and analyses commensurate with the nature of the particular impounding
				  structure and individual site conditions. When required by the Agency, a
				  delineation of the inundation zone will be prepared by the owner for "high" and
				  "significant hazard" impounding structures.
h. Plans and specifications as outlined in
				  Section 3.54 of this chapter.
i.
				  After verifying that the dam construction methods and design specifications
				  were met, authorization to impound water will be issued prior to filling the
				  reservoir.
j. The Agency shall
				  accept, review, and notify the owner within [45] working days whether the
				  Preliminary Design Report is acceptable or not. The same procedure shall be
				  followed for the Final Design Report.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.5 - DESIGN OF STRUCTURES AND HYDROLOGY › Subsection 214-3-3.51 - INVESTIGATION; FOUNDATIONS; CONSTRUCTION MATERIALS, SURVEYS; AND HYDROLOGIC CALCULATIONS

Current through 2024-29, July 17, 2024
a. The owner shall
				  complete all investigations prior to submitting the design report. The scope
				  and degree of precision required is a matter of engineering judgement based on
				  the complexities of the site and the hazard potential classification of the
				  proposed structure. The geotechnical engineering investigation shall consist of
				  borings, test pits, and other subsurface exploration necessary to define
				  adequately the existing conditions. The investigations shall be performed so as
				  to define the soil, rock, and groundwater conditions.
b. All construction materials shall be
				  adequately specified to insure that their properties meet design criteria. If
				  on-site materials are specified, they shall be located and determined to be
				  adequate in extent and in properties.
c. Surveys shall be made with sufficient
				  accuracy to locate the proposed construction and to define the volume of the
				  storage in the impounding structure. The area downstream from the proposed
				  impounding structure shall be investigated in order to delineate the areas and
				  extent of potential damage in case of failure. Locations of center lines and
				  other horizontal and vertical control shall be shown on a map of the
				  site.
d. The drainage area shall be
				  determined. Present and projected conditions shall be reasonably considered in
				  determining the runoff characteristics of the drainage area. All hydrologic
				  assumptions shall be included in the design calculations which shall be
				  submitted as part of the design report.
e. Periodic inspections will be conducted by
				  a qualified Dam Inspector during the construction or reconstruction of all dams
				  in this State. Additionally, written reports noting all conditions found will
				  be forwarded to the Director, MEMA, within 15 working days. Conditions
				  affecting public safety of employees shall be forwarded to the Director at the
				  earliest opportunity.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.5 - DESIGN OF STRUCTURES AND HYDROLOGY › Subsection 214-3-3.52 - THE DESIGN FLOOD

Current through 2024-29, July 17, 2024
The magnitude of the minimum design flood to be utilized in
					 impounding structure design, construction, operation, and maintenance shall not
					 be less than the recommended spillway design flood commensurate with the size
					 and hazard potential of the particular impounding structure in accordance with
					 the recommended procedures contained within the Corps of Engineers published
					 guidance and those which are incorporated in these regulations by reference to
					 the extent they are not inconsistent with other provisions of these regulations
					 and existing laws of Maine.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.5 - DESIGN OF STRUCTURES AND HYDROLOGY › Subsection 214-3-3.53 - SPILLWAY DESIGN

Current through 2024-29, July 17, 2024
a. Every impounding
				  structure shall have a spillway system with adequate capacity to discharge
				  water in keeping with potential hazards involved without endangering the safety
				  of the impounding structure.
b. A
				  spillway shall be required, unless it is demonstrated by the applicant that
				  adequate capacity is provided by other means to prevent endangering the
				  integrity of the impounding structure.
c. A vegetated earth or unlined emergency
				  spillway may be approved when demonstrated that it will pass the spillway
				  design flood without jeopardizing the safety of the structure.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.5 - DESIGN OF STRUCTURES AND HYDROLOGY › Subsection 214-3-3.54 - PLANS AND SPECIFICATIONS

Current through 2024-29, July 17, 2024
The plans and specifications for a new or reconstructed
					 impounding structure shall consist of the following as a minimum:
a. The name of the project; the name of the
				  owner; classification of the impounding structure as set forth in Chapter 3 of
				  these regulations; designated access to the project; and the location with
				  respect to highways, roads, streams, and existing impounding structures and
				  impoundments that would affect or be affected by the proposed impounding
				  structure.
b. Cross sections,
				  profiles, logs of test borings, laboratory and in situ test data, drawings of
				  principal and emergency spillways, and other additional drawings in sufficient
				  detail to indicate clearly the extent and complexity of the work to be
				  performed.
c. The technical
				  provisions, as may be required to describe the methods of construction and
				  construction quality control for the project.
d. Special provisions, as may be required to
				  describe technical provisions needed to insure that the impounding structure is
				  installed according to the approved plans and specifications.
Plans and specifications shall be submitted with the final
					 design report.
e. The owner
				  shall notify the Agency of any proposed changes in design, plans, and
				  specifications that will affect the safety of the impounding
				  structure.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.6 - CONSTRUCTION SCHEDULE › Subsection 214-3-3.61 - The applicant shall submit a construction schedule with the final design report that includes

Current through 2024-29, July 17, 2024
a. A time and
				  construction sequence schedule that includes the estimated time to complete the
				  construction activities.
b.
				  Techniques to be used to divert stream flow during construction to prevent
				  hazard to life, health, and property.
c. A plan of quality control testing to
				  confirm that materials and construction methods met the design requirements set
				  form in the specifications.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 3 - DESIGN AND CONSTRUCTION STANDARDS FOR NEW OR RECONSTRUCTED DAMS › Sec2 214-3-3.7 - ACCEPTABLE DESIGN PROCEDURE AND REFERENCES › Subsection 214-3-3.71 - The following are acceptable as design procedures and references

Current through 2024-29, July 17, 2024
a. The design procedures, manuals, and
				  criteria used by the United States Army Corps of Engineers.
b. The design procedures, manuals, and
				  criteria used by the United States Department of Agriculture, Soil Conservation
				  Service.
c. The design procedures,
				  manuals, and criteria used by the United States Department of the Interior,
				  Bureau of Reclamation.
d. The
				  design procedures, manuals, data, and criteria used by the United States
				  Department of Commerce, National Weather Service.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 4 - MAINE DAM REPAIR AND RECONSTRUCTION REVOLVING LOAN PROGRAM › Section 214-4-1 - Definitions

Current through 2024-29, July 17, 2024
1. "Agency" means the Maine Emergency
				Management Agency within the Department of Defense, Veterans and Emergency
				Management.
2. "Bond Bank" means
				the Maine Municipal Bond Bank.
3.
				"Commissioner" means the Commissioner of the Department of Defense, Veterans
				and Emergency Management.
4.
				"Department" means the Department of Defense, Veterans and Emergency
				Management.
5. "Director" means the
				Director of the Maine Emergency Management Agency, within the Department of
				Defense, Veterans and Emergency Management.
6. "Dam" has the same meaning as set forth in
				Title
				 37-B MRSA
				§1111, sub-§
									1.
7. "Emergency action plan" has the same
				meaning as set forth in Title
				 37-B MRSA
				§1111, sub-§
									5.
8. "Fund" means the Dam Repair and
				Reconstruction Fund established by Title
				 37-B MRSA
				§1130.
9. "Hazard potential" has the same meaning as
				set forth in Title
				 37-B MRSA
				§1111, sub-§
									6.
10. "Professional engineer" means an
				individual who is licensed as an engineer under Title 32 MRSA chapter 19 and
				who is experienced in the inspection and design of dams.
11. "Management Plan" means a plan or written
				set of procedures to: operate and maintain the dam; adjust water flow during
				normal and emergency conditions; operate the spillways; operate the gates or
				water level controls; repair and maintain the structure; control security and
				vandalism; maintain access, ensure spillways are not blocked; test mechanical
				equipment; keep records; and report dam incidents to the relevant
				authorities.
12. "Municipality" has
				the same meaning as set forth in Title
				 30-A MRSA
				§5903, sub-§
									7.
13. "Program" means the Maine Dam Repair and
				Reconstruction Revolving Loan Program.
14. "Public safety" or "safety of the public"
				has the same meaning as set forth in Title
				37-B MRSA §1111,
				sub-§ 9.
15. "Quasi-municipal
				corporation or district" has the same meaning as set forth in Title
				 30-A MRSA
				§2351, sub-§
									4.
16. "State Dam Inspector" has the same
				meaning as set forth in Title
				 37-B MRSA
				§1111, sub-§ 10.
Code of Maine Rules › 15 - DEPARTMENT OF DEFENSE, VETERANS AND EMERGENCY MANAGEMENT › 214 - MAINE EMERGENCY MANAGEMENT AGENCY (MEMA) › Chapter 4 - MAINE DAM REPAIR AND RECONSTRUCTION REVOLVING LOAN PROGRAM › Section 214-4-2 - Eligibility

Current through 2024-29, July 17, 2024
1.
Applicants
. The applicant
				must be a municipality or a quasi-municipal corporation or district that owns
				or is proposing to acquire a dam.
2.
Projects
. Applicants may
				apply for a loan for a project in one or more of the following categories:
A.
Acquisition
- engineering and
				legal costs necessary to acquire title to a dam for the purpose of repair,
				reconstruction or removal.
B.
Engineering
- engineering studies to determine structural
				deficiencies and/or to develop plans for repair or reconstruction of a
				dam.
C.
Repair or
				reconstruction
- engineering, construction and/or related legal costs
				necessary to repair or reconstruct a dam.
D.
Removal
- engineering,
				construction and/or related legal costs for breaching or removal of a
				dam.
E.
Emergency remedial
				measures
- costs incurred to address an emergency situation, as defined
				in Title 37-B MRSA §1111, sub-§4, or to comply with a dam safety
				order issued pursuant to Title 37-B MRSA §1119, sub-§4.