Chapters 373, 375 and 380: Site Location of Development

Maine Department of Environmental Protection

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Chapters 373, 375 and 380: Site Location of Development
09/23/2015 11:11 AM EDT

The Department is proposing a suite of three rulemakings to update and incorporate new provisions in its Site Location of Development Law (Site Law) permitting program. The Site Law (38 M.R.S.A. 481 et. seq.) requires review of developments that may have a substantial effect upon the environment. The Department is proposing the following rulemakings:

Chapter 373. The Department is proposing to update the requirements for financial capacity and technical ability to reflect changes in nomenclature and Department practices since the rule was adopted in 1979, remove surplus language, provide greater clarity as to how an applicant may satisfy the requirements of this Chapter, and provide examples of common terms and conditions applied to Site Location Law permits issued by the Department.

Chapter 375. As part of its Site Law rulemaking effort, the Department is proposing to amend its Chapter 375 rules to incorporate updated requirements that are currently contained within Chapter 373. These standards, which address solid waste, the control of odors and the procurement and maintenance of sufficient and healthful water supplies are more appropriately contained within Chapter 375, since they address environmental impacts.

Chapter 380. The proposed Chapter 380 will repeal and replace the existing Chapter 380 Planning Permit rule with a new rule describing the requirements associated with long-term construction projects permitted under the Site Location of Development Law. The proposal also provides a process for a development issued a planning permit under the original Chapter 380 Planning Permit rule to receive approval under the new Chapter 380 Long-Term Construction Projects rule.

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