1.Application.
Any person intending to construct or operate a development shall, before commencing construction or operation, notify the
commissioner in writing of the intent, nature and location of the development, together with such other information as the
board may by rule require. The department shall approve the proposed development, setting forth such terms and conditions
as are appropriate and reasonable, disapprove the proposed development, setting forth the reasons for the disapproval, or
schedule a hearing in the manner described in section 486-A.
[
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §92 (AMD)
.]
1-A.Wood supply.
For a new or expanded development requiring an annual supply of wood or wood-derived materials in excess of 150,000 tons
green weight, the applicant shall submit a wood supply plan for informational purposes to the Maine Forest Service concurrent
with the application required in subsection 1. The wood supply plan must include, but is not limited to, the following information:
A. The expected operational life of the development; [1989, c. 681, §2 (NEW).]
B. The projected annual wood consumption of wood mill residue, wood fiber and recycled materials from forest products during
the entire operational life of the development; [1989, c. 681, §2 (NEW).]
C. The expected market area for wood supply necessary to supply the development; and [1989, c. 681, §2 (NEW).]
D. Other relevant wood supply information. [1989, c. 681, §2 (NEW).]
[
1989, c. 681, §2 (NEW)
.]
1-B.Advance ruling.
[
1999, c. 468, §11 (RP)
.]
1-C. (TEXT EFFECTIVE UNTIL 6/1/14) Long-term construction projects.
The department shall adopt rules identifying requirements for a long-term construction project that allow approval of development
within a specified area and within specified parameters such as maximum area and groundwater usage, although the specific
nature and extent of the development or timing of construction may not be known at the time a permit for the long-term construction
project is issued. The location and parameters of the development must meet the standards of this article. This subsection
does not apply to metallic mineral mining or advanced exploration activities.
[
2009, c. 602, §2 (AMD)
.]
1-C. (TEXT EFFECTIVE 6/1/14) Long-term construction projects.
The department shall adopt rules identifying requirements for a long-term construction project that allow approval of development
within a specified area and within specified parameters such as maximum area and groundwater usage, although the specific
nature and extent of the development or timing of construction may not be known at the time a permit for the long-term construction
project is issued. The location and parameters of the development must meet the standards of this article.
[
2011, c. 653, §19 (AMD);
2011, c. 653, §33 (AFF)
.]
2.Hearing request.
If the department has issued an order without a hearing regarding any person's development, that person may request, in
writing, a hearing before the board within 30 days after notice of the department's decision. This request must set forth,
in detail, the findings and conclusions of the department to which that person objects, the basis of the objections and the
nature of the relief requested. Upon receipt of the request, the board shall schedule and hold a hearing limited to the matters
set forth in the request. Hearings must be scheduled in accordance with section 486-A.
[
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §92 (AMD)
.]
3.Failure to notify commissioner.
The commissioner may, at any time with respect to any person who has commenced construction or operation of any development
without having first notified the commissioner pursuant to this section, schedule and conduct a public hearing with respect
to that development.
[
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §92 (AMD)
.]
4.Permit display.
A person issued a permit pursuant to this article for activities in a great pond watershed shall have a copy of the permit
on site while work authorized by that permit is being conducted.
[
1991, c. 838, §25 (NEW)
.]
SECTION HISTORY
1987, c. 812, §§11,18 (NEW).
1989, c. 681, §2 (AMD).
1989, c. 890, §§A40,B92 (AMD).
1991, c. 838, §25 (AMD).
1995, c. 704, §A12 (AMD).
1995, c. 704, §C2 (AFF).
1999, c. 468, §11 (AMD).
2005, c. 602, §5 (AMD).
2009, c. 293, §2 (AMD).
2009, c. 602, §2 (AMD).
2011, c. 653, §19 (AMD).
2011, c. 653, §33 (AFF).
Data for this page extracted on 10/16/2012 08:31:15.