reglab/statecodes huggingface dataset:
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 096-375-6 - No Unreasonable Adverse Effect on Surface Water Quality

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				recognizes that developments have the potential to cause the pollution of
				surface waters through both point and non-point sources of pollution.
B.
Scope of Review
. In
				determining whether the proposed development will have an unreasonable adverse
				effect on surface water quality, the Department shall consider all relevant
				evidence to that effect, such as evidence that:
(1) The development or reasonably foreseeable
				consequences of the development will not discharge any water pollutants which
				affect the state classification of a surface water body (
				38 M.R.S.A.
				Section363
et
				seq
.).
(2) The best
				practicable treatment of point sources of water pollutants will be
				utilized.
(3) The total phosphorous
				concentrations in all tributaries to great ponds will not exceed the standard
				established in Department Regulation 583.1 as the result of the proposed
				development.
(4) Any effect on
				surface water temperature will be in compliance with all appropriate standards
				established in Department Regulations 582.1 - 582.8.
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 096-375-7 - No Unreasonable Adverse Effect on Ground Water Quality

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				recognizes the importance of protecting ground water resources in order to
				promote the future health, safety, and welfare of the citizens of Maine through
				the maintenance of an adequate supply of safe drinking water.
B.
Scope of Review
. In
				determining whether the proposed development will have an unreasonable adverse
				effect on ground water quality, the Department shall consider all relevant
				evidence to that effect, such as evidence that:
(1) The development will not result in the
				existing ground water quality becoming inferior to the physical, biological,
				chemical, and radiological levels for raw and untreated drinking water supply
				sources specified in the Maine State Drinking Water Regulations, pursuant to
				22 M.R.S.A.
				Section601. If the existing ground water
				quality is inferior to the State Drinking Water Regulations, the developer will
				not degrade the water quality any further.
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 096-375-8 - No Unreasonable Adverse Effect on Ground Water Quantity

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department
				recognizes the importance of maintaining an adequate supply of ground water for
				drinking purposes. The Department also recognizes that the depletion of ground
				water resources can result in the intrusion of salt water into potable ground
				water supplies and can affect the hydrologic characteristics of surface water
				bodies (peak flows, low flows and water levels) resulting in adverse effects on
				their assimilative capacity and recreational use, as well as on certain
				wildlife habitats. Additionally, new wells can cause a lowering of the ground
				water supply to the point where existing wells run dry, particularly during the
				late summer and early fall.
B.
Scope of Review
. In determining whether the proposed development
				will have an unreasonable adverse effect on ground water quantity, the
				Department shall consider all relevant evidence to that effect, such as
				evidence that:
(1) The quantity of water to
				be taken from ground water sources will not substantially lower the found water
				table, cause salt water intrusion, cause undesirable changes in ground water
				flow patterns, or cause unacceptable ground subsidence.
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 096-375-9 - Buffer Strips

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the importance of natural
				buffer strips in protecting water quality and wildlife habitat. The Department
				also recognizes that buffer strips can serve as visual screens which can serve
				to lessen the visual impact of incompatible or undesirable land uses. The width
				and nature of buffer strips, if required, shall be determined by the Department
				on a case-by-case basis.
B.
Scope of Review
. In determining whether the developer has made
				adequate provision for buffer strips, when appropriate, the Department shall
				consider all relevant evidence to that effect, such as evidence that:
(1) Water bodies within or adjacent to the
				development will be adequately protected from sedimentation and surface runoff
				by buffer strips.
(2) Buffer strips
				will provide adequate space for movement of wildlife between important
				habitats.
(3) Buffer strips will
				shield adjacent uses from unsightly developments and lighting.
NOTE
: The following GUIDELINES should be
				  considered in establishing visual buffer strips.
(1) Plant materials used in the screen
				planting will be at least four feet high when planted and be of such evergreen
				species as will produce ultimately a dense visual screen at least eight feet
				high. Alternatively, a six-foot high wooden fence, without openings wider than
				1", may be substituted.
(2) The
				screen will be maintained permanently, and any plant material which does not
				live will be replaced within one year.
(3) Screen planting will be so placed that at
				maturity it will be no closer than three feet away from any street or property
				line.
(4) The screen will be broken
				only at points of vehicular or pedestrian access.
(5) Fencing and screening will be so located
				within the developer's property line to allow access for maintenance on both
				sides without intruding upon abutting properties.
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 096-375-11 - Preservation of Historic Sites

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the value to society of
				preserving sites of historic significance.
B.
Definition
. As used in this
				section, "historic site" means any site, structure, district or archaeological
				site which has been officially included on the National Register of Historic
				Places and/or on the Maine Historic Resource Inventory, or which is established
				by qualified testimony as being of historic significance.
C.
Scope of Review
. In
				determining whether a proposed development will have an adverse effect on the
				preservation of historic sites either on or near the development site, the
				Department shall consider all relevant evidence to that effect.
D.
Terms and Conditions
. The
				Department, may as a term or condition of approval, establish any reasonable
				requirement to ensure that a proposed development will not adversely affect
				preservation of any historic site.
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 096-375-12 - Preservation of Unusual Natural Areas

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the importance of preserving
				unusual natural areas for educational and scientific purposes.
B.
Definition
. As used in this
				section, "unusual natural area" means any land or water area, usually only a
				few acres in size, which is undeveloped and which contains natural features of
				unusual geological, botanical, zoological, ecological, hydrological, other
				scientific, educational, scenic, or recreational significance. By way of
				illustration, and not limitation, such are, as may include:rare or exemplary
				plant communities; individual plant species of unusual interest because of
				size, species or other reasons; unusual or exemplary bogs; unusually important
				wildlife habitats, particularly those of rare or endangered species; unusual
				land forms; fossils and other deposits of importance to geologists; outstanding
				scenic areas; and others of similar character.
C.
Scope of Review
. In
				determining whether a proposed development will have an adverse effect on the
				preservation of unusual natural areas either on or near the development site,
				the Department shall consider all relevant evidence to that effect.
D.
Terms and Conditions
. The
				Department may, as a term or condition of approval, establish any reasonable
				requirement to ensure that a proposed development will not adversely affect the
				preservation of natural areas.
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 096-375-13 - Access to Direct Sunlight

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes that some existing structures
				utilize active or passive solar energy systems for purposes such as heating air
				or water, and that, in these instances, it may be an unreasonable effect on
				existing uses to deny access to direct sunlight.
B.
Scope of Review
. In
				determining whether a proposed development will have an adverse effect on
				access to direct sunlight, the Department shall consider all relevant evidence
				to that effect, such as evidence that:
(1)
				Structures within the proposed development will not block access to direct
				sunlight to structures utilizing solar energy through active or passive
				systems.
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 096-375-15 - Protection of Wildlife and Fisheries

Current through 2024-29, July 17, 2024
A.
Preamble
. The Department recognizes the need to protect wildlife
				and fisheries by maintaining suitable and sufficient habitat and the
				susceptibility of certain species to disruption and interference of lifecycles
				by construction activities.
B.
Scope of Review
. In determining whether the developer has made
				adequate provision for the protection of wildlife and fisheries, the Department
				shall consider all relevant evidence to that effect, such as evidence that:
(1) A buffer strip of sufficient area will be
				established to provide wildlife with travel lanes between areas of available
				habitat.
(2) Proposed alterations
				and activities will not adversely affect wildlife and fisheries
				lifecycles.
(3) There will be no
				unreasonable disturbance to:
(a) High and
				moderate value deer wintering areas.
(b) Habitat of any species declared
				threatened or endangered by the Commissioner, Maine Department of Inland
				Fisheries and Wildlife or the Director of the U.S. Fish and Wildlife
				Service.
(c) Seabird nesting
				islands;
(d) Significant vernal
				pools;
(e) High and moderate value
				waterfowl and wading bird habitat; and
(f) Shorebird nesting, feeding, and staging
				areas.
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 096-375-16 - Adequate Provision for Solid Waste Disposal

Current through 2024-29, July 17, 2024
A.
Standard
. The applicant shall make adequate provision for solid
				waste disposal. All solid waste will be disposed of in a manner which ensures
				that:
(1) No unreasonable adverse effects on
				the natural environment will result;
(2) Public health, safety, and welfare will
				not be adversely affected; and
(3)
				The wastes will not combine with other wastes, water, or other natural or
				man-made substances to create additional harmful effects to the natural
				environment or the public health, safety, and welfare.
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 096-375-17 - Adequate Provisions for the Control of Odors

Current through 2024-29, July 17, 2024
A.
Standard
. The applicant shall make adequate provision for
				controlling odors.
B.
Submissions
. The application for approval of any development
				likely to be the source of offensive odors shall include evidence that
				affirmatively demonstrates that the applicant has made adequate provision for
				the control of odors, including, but not limited to, the following information:
(1) the identification of any sources of
				odors from the development;
(2) an
				estimation of the area which would be affected by the odor, based on experience
				in dealing with the material or process used in the development, or similar
				materials or processes; or
(3)
				proposed systems for enclosure of odor-producing materials and processes, and
				proposed uses of technology to control, reduce or eliminate odors.
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 096-375-18 - Adequate Provision for Securing and Maintaining Sufficient and Healthful Water Supplies

Current through 2024-29, July 17, 2024
A.
Standard
. The applicant shall make adequate provision for securing
				and maintaining a sufficient and healthful water supply for the proposed
				development.
B.
Submissions
. The application for approval of a proposed
				development shall include evidence that
				affirmatively demonstrates that the applicant has made adequate provision for
				securing and maintaining a sufficient and healthful water supply, including,
				but not limited to, the following information:
(1) A letter from the appropriate utility or
				water district that a sufficient- and healthful water supply exists and may be
				utilized by the development.
(2) If
				water is to be supplied on-site, a letter from a geologist or well driller
				knowledgeable about the area where the development is proposed to be located
				that a sufficient and healthful water supply is likely to be available.
(a) If there is reasonable doubt that a
				sufficient and healthful water supply can be provided by means of on-site
				wells, the following may be required:
(i)
				water from wells located in close proximity to the development site be tested
				for potability; and/or
(ii) a test
				well be dug or drilled on the development site and a report prepared indicating the volume and
				potability of water obtained from the well.
(3) If water supply and sewage disposal are to be handled on-site, and if
				lots are less than 2 acres in size, identification of the location of wells and
				on-site sewage disposal systems for each lot. The separation distance between
				wells and on-site sewage disposal areas shall be at least the minimum distance
				established in the
Subsurface Wastewater Disposal Rules
,
				10-144 CMR 241.
(4) If water is to
				be provided by a common source:
(a) evidence
				that there will be sufficient water to serve the development;
(b) evidence that the common water supply
				system will be constructed in conformance with the
Maine Drinking Water
				Regulations
, authorized by 22 M.R.S. Chapter 601; and
(b) evidence that adequate provision has been
				made for the establishment of a mechanism to ensure proper operation and
				maintenance of the water supply system.
(5) Indicate the total anticipated water
				usage (daily or annual) by the proposed development, including the amount of
				non-potable water to be used for dust control during construction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 376 - SOIL TYPES STANDARD OF SITE LOCATION LAW › Section 096-376-1 - Soil Types Suitable For the Development

Current through 2024-29, July 17, 2024
A.
Scope of Review
. In determining whether the proposed development
				fill be located on soils suitable for the nature of the development, the Board
				shall consider all relevant evidence to that effect, such as evidence that:
(1) All major limitations to the proposed
				development presented by soil characteristics will be overcome by proper
				engineering techniques.
(2) The
				developer will comply with the "Maine Guidelines For Septic Tank Sludge
				Disposal On Land'', the '''Maine Guidelines For Manure and Manure Sludge
				Disposal On Land", and all other appropriate regulations and
				guidelines.
(3) When a single
				family, residential development is proposed to be served by individual, on-lot
				subsurface sewage disposal systems and individual, on-lot wells, the lots will
				be at least the minimum area established in Table A according to the soil
				characteristics of each lot as determined by a licensed site evaluator.
(a) Lots smaller than the minimum area
				specified in Table A may be allowed if a developer can present evidence that,
				because of unique characteristics of the site, or because of an innovative and
				acceptable method of on-lot sewage disposal, the minimum lot size requirement
				should not apply.
NOTE: The Board recognizes the advantage of clustered
				  development and encourages the use of this approach to development design. The
				  establishment of minimum lot sizes in subsection 3 is not intended to
				  discourage the use of a clustered approach to development.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-1 - Board Jurisdiction

Current through 2024-29, July 17, 2024
A. The Board of
				Environmental Protection shall exercise its jurisdiction in reviewing proposed
				roads which "are to be stripped or graded and not to be revegetated which
				causes a total project, including any buildings to occupy a ground area in
				excess of 3 acres", as defined in 38 M.R.S.A. §482(6)(B).
NOTE: The following table may be used as a guide in
				  determining whether a proposed road exceeds the three acre threshold.
width of road, not including the portion of the
							 right-of-way to be revegetated
length of road beyond which the 3 acre
							 threshold is exceeded
12 feet
2.06 miles
14 feet
1.77 miles
16 feet
1.55 miles
18 feet
1.38 miles
20 feet
1.24 miles
22 feet
1.13 miles
24 feet
1.03 miles
26 feet
.95 miles
28 feet
.88 miles
30 feet
.83 miles
32 feet
.77 miles
34 feet
.73 miles
36 feet
.69 miles
38 feet
.65 miles
40 feet
.62 miles
(1) Pursuant to
				38 M.R.S.A. §488, developments which consist only of a municipal or
				private road or way are exempt from the Board's jurisdiction under the Site
				Location Law provided they are located, constructed, and maintained in
				accordance with the following provisions:
(a)
				The Maine Land Use Regulation Commission's (LURC) rules and regulations when a
				road is to be located in a development or protection district, as established
				by LURC.
(b) LURC's "Erosion
				Control on Logging Jobs" guidelines when roads are to be located in LURC's
				management districts; and
(c) The
				Board's road standards found in Sections 4 and 5 of these regulations when
				roads are to be located outside of LURC's jurisdiction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-2 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in the Site Location Law (
				   38 M.R.S.A.
				  §481 et seq.) and in these regulations
				  (Chapter 377), shall have the following meanings, unless the context otherwise
				  indicates:
A.
Private
				way
. "Private way" means a road, as used in 38 M.R.S.A. §482(6)(B)
				and as defined in Department of Environmental Protection Regulations, Chapter
				371 (1)(O), that has a primary purpose other than providing access to the
				general public and which is not intended or likely to be maintained through the
				use of public funds. Private ways include, but are not limited to, land
				management roads, private roads, and private driveways.
(1) Roads that are constructed and maintained
				through the use of public funds by public agencies for administrative purposes,
				and are not intended to be used by the general public shall be considered
				private ways.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-3 - Procedure

Current through 2024-29, July 17, 2024
A.Roads which qualify for exemption from the
				Site Location Law (see 38 M.R.S.A. §488 or Section 1(A)(1) of these
				regulations) may be developed without prior notification submitted to the
				Board.
B. Roads which are subject
				to the Site Location Law and which do not qualify for exemption under the law
				shall be approved by the Board prior to commencing construction.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-4 - Standards For the Construction of Private Ways

Current through 2024-29, July 17, 2024
In order to qualify for the exemption provided for under
				   38 M.R.S.A.
				  §488, private ways to be located in
				  areas not subject to the jurisdiction of the Maine Land Use Regulation
				  Commission shall be located, constructed, and maintained in accordance with the
				  following standards:
A. Private ways
				shall not be constructed in the following areas, except as provided by Section
				3(B) of these regulations.
(1) A historic
				site, as defined in Department Regulations, Chapter 375(11)(B);
(2) A site of an unusual natural area, as
				defined in Department Regulations, Chapter 375(12)(B);
(3) An area of particular importance to fish
				and wildlife, including, but not limited to:
(a) Important deer wintering areas;
(b) Habitat of any species declared
				threatened or endangered by the Commissioner, Maine Department of Inland
				Fisheries and Wildlife, or the Director of the U.S. Fish and Wildlife
				Service;
(c) Nesting areas for bird
				colonies; or
(d) Important
				freshwater wetlands.
(4)
				An area over 2,700 feet in elevation above sea level; or
(5) An area where the soil type or types may
				not be suitable for the nature of the undertaking, such as muck or peat
				soils.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-5 - Standards for the Construction of Public Ways

Current through 2024-29, July 17, 2024
In order to qualify for the exemption provided for under
				   38 M.R.S.A.
				  §488, public ways to be located in areas
				  not subject to the jurisdiction of the Maine Land Use Regulation Commission
				  shall be located, constructed, and maintained in accordance with the following
				  standards:
A.Public ways shall not be
				constructed in the areas identified under section 4(A) of these regulations,
				except as provided by Section 3(B) of these regulations.
B.Public ways will have a travel way of at
				least a minimum width of eighteen feet, unless the Maine Department of
				Transportation indicates that a lesser width is satisfactory.
C.Public ways will be constructed and
				maintained in accordance with the road standards of the municipality within
				which they are located.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 377 - REVIEW OF ROADS UNDER SITE LOCATION OF DEVELOPMENT LAW › Section 096-377-6 - Terms and Conditions

Current through 2024-29, July 17, 2024
The Board may, as a term or condition of approval, establish
				  any reasonable requirement to ensure that a proposed road, not qualifying for
				  exemption from the law, is in compliance with all provisions of the Site
				  Location Law and Regulations.
After public notice and public hearing on June 26, 1980, the
				  above regulations are hereby adopted this 13th day of August,
				  1980.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS › Section 096-378-1 - Applicability

Current through 2024-29, July 17, 2024
This rule provides procedures for variances from the
				  performance standards for the mining of rock, borrow, topsoil, clay, or silt as
				  set forth in
				   38 MRSA
				  §§490-D and
				  490-Z.
				  Certain standards are not subject to variance, as provided in §§
				  490-D and 490-Z. The rule also provides the performance and design standards
				  for the onsite storage of petroleum products.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS › Section 096-378-2 - Approval standards for variances

Current through 2024-29, July 17, 2024
The Department shall approve a variance when it finds that
				  the applicant has demonstrated that the proposed activity meets the following
				  standards.
A.
Lower water
				quality.
The activity will not violate any state water quality law,
				including those governing the classification of the State's waters.
B.
Interferewith natural groundwater
				flow.
The activity will not adversely interfere with the natural flow of
				groundwater.
C.
Existing
				uses.
The activity will not adversely interfere with existing
				uses.
D.
Public
				safety.
The activity will not adversely affect the health, safety and
				general welfare of the public.
E.
Flooding.
The activity will not unreasonable cause or increase the
				flooding of adjacent properties
or create an unreasonable flood hazard to
				any structure.
F.
Soil
				erosion.
The activity will not cause unreasonable erosion of
				soil.
G.
Harm to
				habitats.
The activity will not unreasonably harm any significant
				wildlife habitat, freshwater wetland plant habitat, threatened or endangered
				plant habitat, aquatic habitat, travel corridor, fresh water, estuarine, or
				marine fisheries, or other aquatic life.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS › Section 096-378-4 - Terms and conditions

Current through 2024-29, July 17, 2024
Unless otherwise stated in the variance approval, the
				  operation and reclamation of a mining operation is subject to the following
				  standard conditions.
A.
Standard conditions
(1) Approval of
				variation from plans. The granting of this variance approval is dependent upon
				and limited to the proposals and plans contained in the variance application
				and supporting documents submitted and affirmed to by the applicant. Any
				variation from these plans, proposals, and supporting documents is subject to
				review and approval prior to implementation. Any such variation undertaken
				without approval of the department is in violation of 38 M.R.S.A. §483-A
				and is subject to penalties under 38 M.R.S.A. §349.
(2) Initiation of development within two (2)
				years. If the construction or operation of the activity is not begun within two
				years, this variance approval shall lapse and the applicant may reapply to the
				department. The applicant may not begin construction or operation of the
				development until a new variance approval is granted. Re-applications must
				state the reasons why the development was not begun within 2 years from the
				granting, and may include information submitted in the initial variance
				application by reference.
(3)
				Approval shown to contractors and agents. Work done by a contractor or agent of
				the applicant may not begin before the contractor or agent has been provided
				with a copy of this variance approval.
(4) Compliance with all terms and conditions
				of approval. The applicant shall submit all reports and information requested
				by the department to demonstrate compliance with the terms and conditions of
				this approval.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter describes requirements for a
Site
				  Location of Development Act
("Site Law") permit for a long-term
				  construction project. This chapter applies to a development or amendment to a
				  development for which approval is issued on or after the effective date of this
				  chapter. This chapter also applies to a development issued a "planning permit"
				  pursuant to the original Chapter 380 (Effective July 25, 1997) if the permittee
				  requests to modify the permit so as to come under the current Chapter 380, and
				  the department approves the modification. Metallic mineral mining developments
				  or metallic mineral advanced exploration activities are not eligible for review
				  under this chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, the following terms have the
				  following meanings.
A.
Long-term
				construction project.
A long-term construction project is a project
				authorized by an individual permit or amendment issued pursuant to the Site Law
				for construction that either is not anticipated at the time of approval to be
				substantially completed, or is not substantially completed, within ten years
				from the date of approval.
A long-term construction project that is not anticipated to
				  be completed within ten years typically occupies large areas of land that will
				  be developed over a significant period of time, such as a large-scale mixed-use
				  development, airport, school or postsecondary institution or ski resort.
(1)
Amendments
. An initial
				long-term construction project and any subsequent amendments are considered
				individually, when determining whether a project is not substantially completed
				within ten years from the date of approval.
(a) For example, if a development is
				permitted on 10/1/2015, then it would be considered "long-term" if not
				substantially completed by 10/1/2025, except where amended as provided in
				(b).
(b) For example, if a
				development is permitted on 10/1/2015, and an amendment to a permit was issued
				on 10/1/2021, then the area subject to the amendment would be considered
				long-term if not substantially completed by 10/1/2031, and the remainder of the
				original development would be considered long-term if not substantially
				completed by 10/1/2025.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-3 - Standards

Current through 2024-29, July 17, 2024
The applicant shall demonstrate that the development meets
				  all applicable standards of
				  38 M.R.S.
				  §484, and the rules adopted pursuant
				  thereto. Approval is based upon compliance of the entire development with the
				  standards of the Site Law. A proper analysis of the potential primary,
				  secondary and cumulative impacts of a proposed development can be made only
				  when the entire development, including all phases is considered and when the
				  applicant submits all available information based on current plans. However,
				  this determination may be based in part upon specified and limited assumptions
				  as determined appropriate by the department. See also Section
				  4(B) of this
				  chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-4 - Procedure

Current through 2024-29, July 17, 2024
A.
Election
. The applicant for a
				permit for a long-term construction project may elect to provide specific
				designs or, alternatively, may choose to specify assumptions for the
				development or a portion of the development as allowed by the department on a
				site-specific basis. In either case, the applicant shall provide sufficient
				information to the department to allow a determination concerning whether
				standards will be met.
(1)
Specified
				assumptions
. Assumptions that may be specified include but are not
				limited to: the maximum developed area; the maximum amount of impervious area
				in each subwatershed, the types and maximum volume of waste, potential impacts
				to surface water and groundwater, and infrastructure requirements in each
				subwatershed or other relevant division of the area licensed under the permit.
				The types of assumptions that may be allowed by the department depend upon the
				type of proposed development and the site selected.
(2)
Plans
. If the applicant
				elects to specify assumptions, the department may require the submission of
				specific built-out plans prior to construction, for review and approval, and
				may include limits in the terms of the permit or place conditions on the permit
				to address specific aspects of the unspecified future development, including
				but not limited to stormwater management, water supply, wastewater,
				groundwater, air emissions, odors, water vapor, storage and handling of
				potential contaminants, and scenic character.
(3)
Changes
. Any changes to the
				approved assumptions must be submitted to the department for review and
				approval, and would be processed as a minor revision or an amendment as
				applicable. The permittee seeking a modification of the permit must meet the
				standards in effect at the time the application for the modification is
				accepted as complete for processing.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-5 - Submissions

Current through 2024-29, July 17, 2024
An application for a proposed long-term construction project
				  must include evidence that demonstrates that the standards of the Site Law and
				  rules adopted pursuant thereto are met. In addition, evidence must be provided
				  demonstrating that the following standards are met.
A.
Identification of areas and
				resources protected under the Site Law and rules.
If specified
				assumptions for the proposed development or portion of the proposed development
				rather than specific designs are provided, then the applicant must identify all
				areas of the proposed site protected under the Site Law and rules, although the
				specific nature and extent of the development activity may not be known at the
				time that the permit is issued. If the development is within the viewshed of a
				scenic resource, the applicant must provide sufficient information concerning
				the entire development to allow the department to make a finding that scenic
				standards will be met.
B.
Fiveyear review.
The permittee of a long-term construction project
				shall conduct a survey of the undeveloped part of the parcel for habitats of
				species that are of special concern, threatened, or endangered, and for rare
				natural communities and ecosystems (State rarity rank of S1 through S3) as
				listed by the Maine Natural Areas Program, as of fiveyears from the date of
				permit issuance, and as of each date five years thereafter until the
				development is substantially completed. If any such habitat or species is
				discovered, the permittee must submit plans for the establishment of
				appropriate buffers or other protective measures to preserve the habitat. These
				buffers or protected areas shall be shown on as-built plans of the development
				completed within the five year period.
C.
Ten year review.
The
				permittee of a long-term construction project shall demonstrate that portions
				of the development not yet constructed will be in compliance with standards in
				effect at the time of the ten year review, including but not limited to:
(1) An evaluation of the conformance of
				future construction with department rules in effect at the time of the
				evaluation, to the extent that rules have been adopted or amended in the
				previous ten year period following issuance of the permit, unless this
				requirement is waived by the department.
(2) Identification and delineation of any
				previously unidentified areas and resources protected under the Site Law and
				rules.
(3) Demonstration that the
				requirements of
Financial and Technical Capacity Standards of the Site
				Location of Development Act
06-096 CMR 373 are still met for any
				portion of the development that is not substantially complete. See the
				submission requirements at Chapter 373(2)(B) and (3)(B).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-6 - Conditions

Current through 2024-29, July 17, 2024
A.
Standard conditions.
The
				standard conditions specified in Chapter 372 apply to long-term construction
				permits. However, compliance with the periodic reporting requirements of
				sections
				5(B) and
				5(C) above may occur
				in place of a new approval of the permit for the purposes of Chapter 372
				Section 12(F).
B.
Special
				conditions.
The department may, as a term or condition of approval,
				establish any reasonable requirement to ensure that the proposed development
				will proceed in accordance with the Site Law and rules, including periodic
				review of the yet underdeveloped portions of the project under department rules
				applicable at the time of review, such as requiring the following.
(1)
Changes to specified
				assumptions
. Any changes to the approved specified assumptions regarding
				lot development and stormwater management, water supply, wastewater,
				groundwater, air emissions, odors, or water vapor described in this Order shall
				be submitted to the Bureau of Land Resources for review and approval prior to
				implementation.
(2)
Wastewater discharges
. All wastewater discharges must be sanitary
				in nature with strength of 250 mgl/L or less for both biological oxygen demand
				(BOD) and total suspended solids (TSS).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-7 - Inspection

Current through 2024-29, July 17, 2024
The department may inspect the site at any time to determine
				  the state of compliance with this section and other applicable laws or rules,
				  and the permittee must take all measures necessary to correct any noncompliance
				  with applicable law and rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-8 - Modification prior to or following substantial completion of construction

Current through 2024-29, July 17, 2024
The granting of a permit is dependent upon and limited to the
				  proposals, plans, and specific assumptions contained in the application and
				  supporting documents submitted and affirmed to by the applicant. Any variation
				  from these plans, proposals, and supporting documents must be submitted to the
				  department for review and approval prior to implementation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-9 - Conditions

Current through 2024-29, July 17, 2024
The standard conditions specified in Chapter 372.12 apply,
				  except that the standard condition at Section 12(G) of that chapter only
				  applies if the development is planned to be completed within five years.
The department may, as a term or condition of approval,
				  establish any reasonable requirement to ensure that the proposed development
				  will proceed in accordance with the Site Law and rules, including periodic
				  review of the yet underdeveloped portions of the project under department rules
				  applicable at the time of review, as provided under Section
				  7(A).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-10 - Inspection

Current through 2024-29, July 17, 2024
The department may inspect the site at any time to determine
				  the state of compliance with this section and other applicable rules, and
				  require the applicant to take all measures necessary to correct any
				  noncompliance with those rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 380 - LONG-TERM CONSTRUCTION PROJECT SUNDER THE SITE LOCATION OF DEVELOPMENT ACT › Section 096-380-11 - Severability

Current through 2024-29, July 17, 2024
Should any provision of these rules be declared invalid or
				  ineffective by court decision, the decision shall not invalidate any other
				  provision of these rules.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to any and all portions of a proposed
				  grid scale wind energy development that are proposed for location within an
				  expedited permitting area pursuant to the
Maine Wind Energy
				  Act
(WEA). Any portions of such a proposed development that are not
				  located within an expedited permitting area will be reviewed under standards
				  established pursuant to the
Site Location of Development Act
,
				  the
Natural Resources Protection Act
, and other standards as
				  appropriate. The Scenic Character, Shadow Flicker, Public Safety, and
				  Decommissioning Standards herein also apply to small-scale wind energy
				  developments pursuant to 35-A M.R.S. § 3456 and
				  38 M.R.S.
				  §480-II.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 382 - WIND ENERGY ACT STANDARDS › Section 096-382-2 - Definitions

Current through 2024-29, July 17, 2024
As used in this chapter, unless the context indicates
				  otherwise, the following terms have the meanings set forth below. Other terms
				  used in this chapter have the meanings set forth in
				  35-A M.R.S.
				  §3451.
A.
Decommissioning.
"Decommissioning" means the physical removal of all components of a wind energy
				development, including but not limited to: generating facilities and associated
				foundations to a depth of at least 24 inches; and other structures, buildings,
				roads, cabling, electrical components, and any other associated facilities and
				foundations to a depth of at least 24 inches, to the extent they are not
				otherwise in or proposed to be placed in productive use. Decommissioning also
				includes the grading and revegetation of all earth disturbed during
				construction and decommissioning, except for areas already restored.
B.
Horizontal View Angle.
"Horizontal View Angle" (HVA) means the angle of view, measured horizontally in
				degrees from a particular viewpoint, between the two outermost visible points
				of proposed or existing generating facilities.
C.
Occupied Building.
"Occupied
				Building" means a residence, school, hospital, house of worship, public
				library, or other building that is occupied or in use as a residence or is
				customarily frequented by the public at the time the permit application is
				submitted.
D.
Shadow
				Flicker.
"Shadow Flicker" means alternating changes in light intensity
				caused by rotating wind turbine blades casting shadows on the ground or a
				stationary object. Shadow flicker occurs as the shadows of the blades move past
				the observation point, when the rotor is directly between the observer and the
				sun, and the rotor is spinning.