S.P. 396 - L.D. 1293
Resolve, to Evaluate Permit by Rule and Compliance with the Natural Resources Protection Laws
Sec. 1. Land and Water Resources Council evaluation of permit by rule. Resolved: That the Land and Water Resources Council, in consultation with the Department of Environmental Protection, shall evaluate the Board of Environmental Protection's rules relating to permit-by-rule requirements for activities regulated pursuant to the Maine Revised Statutes, Title 38, chapter 3, subchapter I, Article 5-A. In its evaluation, the Land and Water Resources Council shall consider the following issues:
1. Whether all of the activities that have been designated eligible for permit by rule are appropriate for the permit-by-rule process in light of the requirement to protect the natural resources in, on or adjacent to which the activities are located;
2. Whether there are adequate checks to ensure compliance with the permit standards;
3. Whether permit by rule provides the Department of Environmental Protection with sufficient information to evaluate projects;
4. Whether there is a satisfactory process for appeal when a permit by rule is approved; and
5. Whether the standards are adequate to ensure no significant impact upon the environment when projects are in compliance with the standards; and be it further
Sec. 2. Report. Resolved: That the Land and Water Resources Council shall report its findings and recommended changes to the permit-by-rule program to the joint standing committee of the Legislature having jurisdiction over natural resources matters by February 1, 1998.
Effective September 19, 1997, unless otherwise indicated.
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