H.P. 831 - L.D. 1136
Resolve, Regarding Legislative Review of Chapter 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products, a Major Substantive Rule of the Department of Environmental Protection, Bureau of Land and Water Quality
Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II-A, requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and
Whereas, the above named major substantive rule has been submitted to the Legislature for review; and
Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it
Sec. 1. Adoption. Resolved: That final adoption of Chapter 378, Variance Criteria for the Excavation of Rock, Borrow, Topsoil, Clay or Silt and Performance Standards for the Storage of Petroleum Products, a provisionally adopted major substantive rule of the Department of Environmental Protection, Bureau of Land and Water Quality, and submitted to the Legislature for review pursuant to the Maine Administrative Procedure Act, is authorized, with the following amendments to the rule.
1. The rule must require that storm water quality standards appropriate for the area apply to variances for externally drained excavation pits.
2. The rule must require that the owner or operator of an excavation site or rock quarry where petroleum products will be stored submit a spill prevention, control and countermeasures plan to the department for review at least 45 days before beginning operations. The rule must authorize the department to require that the plan include provisions for monitoring groundwater quality as the department determines appropriate; and be it further
Sec. 2. Informational meeting. Resolved: That the Department of Environmental Protection shall adopt rules that set forth the procedural requirements for the conduct of a public informational meeting. These rules are major substantive rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter II-A.
The department shall develop an interim policy to provide guidance in the conduct of the public informational meetings required to be held by applicants for a variance pursuant to the Maine Revised Statutes, Title 38, section 490-E. The interim policy is in effect until rules relating to the conduct of public informational meetings are finally adopted.
Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.
Effective May 16, 1997.
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