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 096-2-17 - Board Assumption of Jurisdiction over an Application

Universal Citation: 06 ME Code Rules ยง 096-2-17

Current through 2024-13, March 27, 2024

A. Any person may request that the Board assume jurisdiction over an application by submitting the request to the Department in writing no later than 20days after the application is accepted as complete for processing.

B. Within 45 days after an application has been accepted as complete for processing, the Commissioner shall make a preliminary determination as to whether the Board should assume jurisdiction of the application. At the next regularly scheduled Board meeting after such a determination is made, the Commissioner shall provide a recommendation to the Board for those applications where the Commissioner recommends that the Board consider jurisdiction. The Commissioner's recommendation must be provided to the applicant, all interested governmental agencies and interested persons prior to consideration of the recommendation by the Board. The Board shall provide an opportunity for the applicant, governmental agencies and interested persons to comment on the Commissioner's recommendation.

If a request for Board jurisdiction has been made and the Commissioner determines that the criteria for Board jurisdiction as identified in statute and section 17(C) of this rule are not met, the Commissioner shall provide the Board a copy of the request and the Commissioner's determination. If upon such notification by the Commissioner the Board determines the criteria for Board jurisdiction have been met, the Board may assume jurisdiction over the application.

The Board may assume jurisdiction over any application on its own initiative if it finds that at least 3 of the 4 criteria in section 17(C) are met.

C. The Board shall assume jurisdiction over and decide each license application that in its judgment represents a project of statewide significance. A project of statewide significance is a project that meets at least 3 of the following 4 criteria:

(1) Will have an environmental or economic impact in more than one municipality, territory or county;

(2) Involves an activity not previously permitted or licensed in the State;

(3) Is likely to come under significant public scrutiny; and

(4) Is located in more than one municipality, territory or county.

The Board may not assume jurisdiction over an application for an expedited wind energy development as defined in Title 35-A, section 3451, subsection 4; for a certification for a small-scale wind energy development pursuant to Title 35-A, section 3456; for a general permit for an offshore wind energy demonstration project pursuant to Title 38, section 480-HH; or for a general permit for a tidal energy demonstration project pursuant to Title 38, section 636-A.

D. The Board shall also decide each license application that is referred to it jointly by the Commissioner and the applicant.

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