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 096-2-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this Chapter, have the
				  following meanings unless the context indicates otherwise:
A.
Abutter.
"Abutter" for the
				purposes of the notice provisions of this rule, means a person who owns
				property that both (1) adjoins and (2) is within 1 mile of the delineated
				project boundary, including owners of property directly across a public or
				private right of way.
B.
Aggrieved Person.
"Aggrieved Person" means any person whom the
				Board determines may suffer particularized injury as a result of a licensing or
				other decision. The Board will interpret and apply the term "aggrieved person",
				whenever it appears in statute or rule, consistent with Maine state court
				decisions that address judicial standing requirements for appeals of final
				agency action.
C.
Amendment
				Application.
"Amendment Application" means an application to modify a
				license previously granted by the Department, except for minor
				revisions.
D.
Board.
"Board" means the Board of Environmental Protection, an independent citizen
				board that is part of the Department and that, among its duties, decides
				selected applications and considers appeals of Commissioner license
				decisions.
E.
Chair.
"Chair" means the chair of the Board of Environmental Protection, or his or her
				designee.
F.
Commissioner.
"Commissioner" means the Commissioner of the
				Department of Environmental Protection, or his or her designee.
G.
Department.
"Department"
				means the Department of Environmental Protection, which includes the
				Commissioner and the Board.
H.
Department Staff.
"Department Staff" means all staff, except staff
				to the Board.
I.
Hearing.
"Hearing" means a hearing conducted in accordance with
				the procedural requirements of the
Maine Administrative Procedure
				Act
, Title 5, chapter 375, subchapter 4.
J.
Interested Person.
"Interested Person" means a person who submits written comments on an
				application or who requests, in writing, receipt of materials related to a
				particular application. The Department shall maintain a list of interested
				persons for each licensing proceeding.
K.
Intervenor
. "Intervenor"
				means a person who, in accordance with the
Maine Administrative
				Procedure Act
,
				5 M.R.S.
				§§9054 (1 and 2), and the
				Department's rules governing hearings, has been granted leave to participate as
				a party in a license application or appeal proceeding where a decision has been
				made to hold a hearing.
L.
License.
"License" means the whole or any part of a new license,
				amended license, renewal license, transfer, surrender, variance, certification,
				approval, or similar form of permission issued by the Department that is
				required by law, and represents the State's exercise of regulatory or police
				powers. The term "permit" is used interchangeably with "license" in some
				Department statutes.
M.
Licensee.
"Licensee" means the person to whom a license has been
				issued.
N.
Minor
				Revision.
"Minor Revision" means an application to modify a license
				previously granted by the Department, where the modification significantly
				decreases or eliminates an environmental impact, does not significantly expand
				the project, does not change the nature of the project, or does not modify any
				Department findings with respect to any licensing criteria. This term may be
				further defined by the Department by rule.
O.
Permit by Rule.
"Permit by
				Rule" means a license that is issued by rule as authorized by
				38
				M.R.S.§344(7) for a
				class of activities that would otherwise require the issuance of an individual
				permit or approval.
P.
Person.
"Person" means an individual, partnership, corporation,
				government entity, association, or public or private organization of any
				character; other than the Department.
Q.
Processing Time.
"Processing
				Time" means the time established by the Department to process an application,
				as published pursuant to
				38
				M.R.S.§344-B(1) or
				otherwise provided by law.
R.
Transfer of Ownership.
"Transfer of Ownership" means a change in
				the legal entity that owns a property, facility or structure that is the
				subject of a license issued by the Department. A sale or exchange of stock (or
				in the case of a limited liability corporation, of membership interests), or a
				merger, is not a transfer of ownership for the purposes of this rule provided
				the legal entity that owns or operates the property, facility or structure
				remains the same.