Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS
Section 096-2-12 - Public Informational Meeting
Current through 2024-38, September 18, 2024
A. Public Informational Meeting Required. A prospective applicant required to attend a pre-application meeting pursuant to section 9(B) of this rule must hold a public informational meeting prior to filing that application. The purpose of the public informational meeting is for the prospective applicant to inform the public of the proposal and its anticipated environmental impacts, and to inform the public of the opportunity to submit comments to the Department during the application processing period. At least 10 days prior to the public informational meeting, notice of the meeting must be sent to those persons specified in section 13(A) of this rule. At least seven days prior to the meeting, notice must also be published once in a newspaper of general circulation in or as close as possible to the area where the project is located. The notice must contain at least the following information:
At the meeting, the prospective applicant or its authorized agent must identify all persons appearing for the applicant; present a summary describing the project in sufficient detail for the public to understand the project purpose and need for a Department license(s); provide clear and concise written information that details the anticipated environmental impacts of the project; provide a listing of state, local and federal licenses necessary for the project; and provide adequate opportunity for questions from the public and responses from the applicant. In addition, a fact sheet developed in consultation with the Department explaining public participation in the licensing process must be made available at the meeting by the applicant. At least one copy of all written materials required by this section must be made available for public inspection for the duration of the meeting.
Upon the filing of an application for a proposed project that required a pre-application meeting pursuant to section 9(B) of this rule, the applicant must submit a signed certification attesting that a public informational meeting was noticed and held in accordance with this section. The submission must include the names and affiliations of all persons who appeared for the applicant, an estimate of the number of meeting attendees, and a narrative responsive to any significant issues relevant to the licensing criteria that were raised at the meeting.
A prospective applicant may satisfy the requirements of this section by holding a public informational meeting before a local permitting authority having jurisdiction over the application such as a planning board or city council. In that instance, the prospective applicant must still meet the requirements of this section. Certification that a public meeting that complies with the notice and substantive requirements of this section was held before a local permitting authority is acceptable provided that neither the project nor its anticipated environmental impacts have changed substantially since the date of the public meeting.
B. Waiver. The requirement to hold a public informational meeting may be waived in writing by the Department. The Department may waive the requirement if the Department is satisfied that such a meeting would be of limited value in achieving the purposes noted in section 12(A) of this rule. Waiver of this requirement does not waive the pre-application or pre-submission meeting requirements of section 9 of this rule.
