Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS › Section 096-2-11 - Application Requirements

Current through 2024-29, July 17, 2024
A.
General
				Requirements.
Application forms must be developed by the Commissioner
				and must require the information the Commissioner deems necessary to make the
				findings required for each license.
When available, applications must include the "911" address
				  of the project and Global Positioning System ("GPS") reference data. All GPS
				  data must be in the form of Universal Transverse Mercator ("UTM"), Zone
				  Nineteen North, North American Datum of 1983 ("NAD83") coordinates of the
				  proposed activity. Appropriate bureaus should be contacted to determine
				  specific requirements for location and level of accuracy for GPS data.
An application from a corporation must be submitted in the
				  corporation's registered corporate name, and must include either a
Certificate of Good Standing
or a statement signed by a
				  corporate officer affirming that the corporation is in good standing.
Applications must be filed in care of the appropriate bureau,
				  Maine Department of Environmental Protection, 17 State House Station, Augusta,
				  ME 04333, or other office as provided by the Department.
B.
Acceptance of Application.
The Commissioner shall, within 15 working days of receipt of an application by
				the Department, provide notice to the applicant that contains the date the
				application was accepted as complete for processing, or return the application
				and specify in writing the reasons it was returned. An applicant whose
				application has been rejected shall attend a pre-submission meeting in
				accordance with section
				10(C) of this rule
				before resubmitting an application for the same project or activity. If the
				Commissioner does not providenotice to the applicant of acceptance or rejection
				of the application within 15 working days, the application is deemed accepted
				as complete for processing on the 16th working day.
A determination that an application is accepted as complete
				  for processing is based on staff's determination that the application fee has
				  been paid pursuant to section
				  12 of this rule, that sufficient title,
				  right or interest has been demonstrated pursuant to section 11(D), and that the
				  application form is properly filled out and information is provided for each of
				  the items required by the forms. It is not a review of the sufficiency of that
				  information and does not preclude the Department from requesting additional
				  information during processing or denying the application for failure to provide
				  information necessary for the processing of that application.
C.
Projects Requiring Multiple
				Licenses.
Upon filing of an application which involves an activity or
				project which will require more than one license from the Department, the
				Department may require the applicant to submit all other required applications
				before any such application will be accepted as complete for processing. The
				processing time for consolidated applications is the longest processing time
				associated with any of the applications. An applicant for a project requiring
				approval from more than two bureaus should contact the Commissioner's Office in
				the early phase of project development to arrange a departmental
				pre-application meeting and application coordination.
D.
Title, Right or Interest.
Prior to acceptance of an application as complete for processing, an applicant
				shall demonstrate to the Department's satisfaction sufficient title, right or
				interest in all of the property that is proposed for development or use. An
				applicant must maintain sufficient title, right or interest throughout the
				entire application processing period. Methods of proving title, right or
				interest include, but are not limited to, the following:
(1) When the applicant owns the property, a
				copy of the deed(s) to the property must be supplied;
(2) When the applicant has a lease or
				easement on the property, a copy of the lease or easement must be supplied. The
				lease or easement must be of sufficient duration and terms, as determined by
				the Department, to permit the proposed construction and reasonable use of the
				property, including reclamation, closure and post closure care, where required.
				If the project requires a submerged lands lease from the State, evidence must
				be supplied that the lease has been issued, or that an application is
				pending;
(3) When the applicant has
				an option to buy or lease the property, a copy of the option agreement must be
				supplied. The option agreement must be sufficient, as determined by the
				Department, to give rights to title, or a leasehold or easement of sufficient
				duration and terms to permit the proposed construction and use of the property
				including closure and post closure care, where required;
(4) When the applicant has eminent domain
				power over the property, evidence must be supplied as to the ability and intent
				to use the eminent domain power to acquire sufficient title, right or interest
				to the site of the proposed development or use;
(5) When the applicant has either a valid
				preliminary permit or a notification of acceptance for filing of an application
				for a license from the Federal Energy Regulatory Commission for the site which
				is proposed for development or use, a copy of that permit or notification must
				be supplied. This provision applies only to those portions of a project where
				eminent domain authority exists under federal law; or
(6) When the applicant has a written
				agreement with the landowner where said agreement permits the applicant to
				spread waste material that will be agronomically utilized by the landowner, a
				copy of that agreement must be supplied.
The Department may return an application, after it has
				  already been accepted as complete for processing, if the Department determines
				  that the applicant did not have, or no longer has, sufficient title, right or
				  interest. No fees will be refunded if an application is returned for lack of
				  continued title, right or interest.