Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 372 - POLICIES AND PROCEDURES UNDER SITE LOCATION LAW › Section 096-372-12 - Standard Conditions of Approval

Current through 2024-29, July 17, 2024
Unless otherwise specifically stated in the approval, all
				  Board (or Staff) approvals shall be subject to the following standard
				  conditions:
A.
Approval of
				Variations from Plans
. The granting of this approval is dependent upon
				and limited to the proposals and plans contained in the 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. Further subdivision of proposed lots by the
				applicant or future owners is specifically prohibited without prior approval of
				the Board, and the applicant shall include deed restrictions to that
				effect.
B.
Compliance with
				All Applicable Laws
. The applicant shall secure and comply with all
				applicable federal, state, and local licenses, permits, authorizations,
				conditions, agreements, and orders prior to or during construction and
				operation, as appropriate.
C.
Compliance with All Terms and Conditions of Approval
. The
				applicant shall submit all reports and information requested by the Board or
				the Department demonstrating that the applicant has complied or will comply
				with all preconstruction terms and conditions of this approval. All
				preconstruction terms and conditions must be met before construction
				begins.
D.
Advertising
. Advertising relating to matters included in this
				application shall refer to this approval only if it notes that the approval has
				been granted WITH CONDITIONS, and indicates where copies of those conditions
				may be obtained.
E.
Transfer
				of Development
. Unless otherwise provided in this approval, the
				applicant shall not sell, lease, assign or otherwise transfer the development
				or any portion thereof without prior written approval of the Board where the
				purpose or consequence of the transfer is to transfer any of the obligations of
				the developer as incorporated in this approval. Such approval shall be granted
				only if the applicant or transferee demonstrates to the Board that the
				transferee has the technical capacity and financial ability to comply with
				conditions of this approval and the proposals and plans contained in the
				application and supporting documents submitted by the applicant.
F.
Time frame for approvals.
If
				the construction or operation of the activity is not begun within four years,
				this approval shall lapse and the applicant shall reapply to the Board for a
				new approval. The applicant may not begin construction or operation of the
				development until a new approval is granted. A reapplication
				for approval may include information submitted in the initial application by
				reference.This approval, if construction is begun within the four-year time
				frame, is valid for seven years. If construction is not completed within the
				seven-year time frame, the applicant must reapply for, and receive, approval
				prior to continuing construction.
G.
Approval Included in Contract Bids.
A copy of this approval must be included in or attached to all contract
				bid specifications for the development.
H.
Approval Shown to
				Contractors
. Work done by a contractor pursuant to this approval shall
				not begin before the contractor has been shown by the developer a copy of this
				approval.