Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS
Section 096-378-2 - Approval standards for variances
Current through 2024-38, September 18, 2024
The Department shall approve a variance when it finds that the applicant has demonstrated that the proposed activity meets the following standards.
A. Lower water quality. The activity will not violate any state water quality law, including those governing the classification of the State's waters.
B. Interferewith natural groundwater flow. The activity will not adversely interfere with the natural flow of groundwater.
C. Existing uses. The activity will not adversely interfere with existing uses.
D. Public safety. The activity will not adversely affect the health, safety and general welfare of the public.
E. Flooding. The activity will not unreasonable cause or increase the flooding of adjacent properties or create an unreasonable flood hazard to any structure.
F. Soil erosion. The activity will not cause unreasonable erosion of soil.
G. Harm to habitats. The activity will not unreasonably harm any significant wildlife habitat, freshwater wetland plant habitat, threatened or endangered plant habitat, aquatic habitat, travel corridor, fresh water, estuarine, or marine fisheries, or other aquatic life.
