Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 692 - SITING OF OIL STORAGE FACILITIES
Section 096-692-6 - Variance procedure

Universal Citation: 06 ME Code Rules ยง 096-692-6

Current through 2024-38, September 18, 2024

Processing of applications for a variance under sections 3 and 4 including, but not limited to, application requirements, public notice, and appeal procedures, are governed by the Department'sRule Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R.ch. 2, except as specified below.

A. Application requirements. Requests for variance from the siting restrictions of this Chapter must be submitted in writing on forms provided by the Commissioner. In addition to the information required under Chapter 2§11, the application must include at a minimum the following information:

(1) The registration materials required under Chapter 691§ 4;

(2) The names and mailing addresses of all abutters to the property on which the facility is proposed;

(3) A plan view of the proposed facility showing the precise location and footprint of all facility components that will contain oil in either a liquid or vapor phase;

(4) The map coordinates of each corner of the facility footprint and any proposed ground water monitoring wells to sub-meter precision and accuracy in a format compatible with the State of Maine Geographical Information System;

NOTE: The Maine Geographic Information System (GIS) uses as a standard the Universal Traverse Mercator (UTM) system. The datum system used is the NAD83 (North American Datum 1983) version.

(5) If a variance is sought under section 3(B) or (C) of this chapter, a written report supporting the variance request. If the report includes ground water quality or other hydrogeological data that was collected and interpreted in support of the variance request, the data and its written analysis must be certified by a Maine-certified geologist. If the variance request is based on a municipal land use ordinance, the report must include a copy of the relevant sections of the ordinance and a copy of the relevant land use mapping, certified by an authorized official of that municipality as being current and true copies. The proposed facility site location must be accurately shown on the land use map; and

(6) If a variance is sought under sections 3(B), 4(C), 4(D) or 4(E) of this chapter, facility design meeting the standards of section 5 and a narrative explaining how the enhancements will effectively minimize the risk of oil discharges and the likelihood of future ground water contamination.

NOTE: A pre-application meeting with the Department is recommended to ensure the applicant understands the variance requirements as they may apply to the specific proposed facility site. Such meetings usually avoid misunderstandings of expectations and processing delays.

B. Public notice. Within 30 days before filing an application, the applicant shall provide notice by certified mail of the application:

(1) To the chief administrative officer and planning board chairperson of the municipality in which the facility is proposed to be located, or to the county commissioners and the LUPC director if the facility is proposed in an unorganized or deorganized area;

(2) To the local public water utility or other community public water provider, if any;

(3) To abutters of the property on which the facility is proposed;

(4) To other interested persons who have requested in writing of the Commissioner to receive materials related to a particular application; and

(5) By publication once in a newspaper generally circulated in the area where the facility is proposed.

The notice must include the information listed in Chapter 2§14(A), including, but not limited to, a statement that public comments on the variance application may be provided to the Department.

C. Public meeting. In lieu of, or in addition to, holding a public hearing on a variance application as provided under Chapter 2§7, the Commissioner may hold a public informational meeting where deemed appropriate for the applicant to provide information about the variance request to interested persons. If the Commissioner decides to hold a public meeting, notice must be sent at least 10 business days prior to the meeting to the applicant, abutters, the local public water utility or community water provider, the planning board chairperson and chief administrative officer of the municipality in which the facility is proposed (or the LUPC director and appropriate county commissioners if the facility is proposed in an unorganized or deorganized area) and other interested persons who have requested in writing of the Commissioner to receive materials related to a particular application.

D. Decision; appeal. The Commissioner may deny a variance request or approve the request with or without conditions. The decision must be in writing with findings sufficient to explain the basis of the decision. A copy of the decision must be provided to the applicant, abutters, the local public water utility or community water provider, and the planning board chairperson and chief administrative officer of the municipality in which the facility is proposed (or the LUPC director and county commissioners if the facility is proposed in an unorganized or deorganized area). Copies also must be provided to other interested persons upon request. Each copy must be accompanied by a plain statement of the rights of administrative and judicial review of the decision and the time within which those rights must be exercised, as provided under 38 M.R.S.§341-D(4)(A) and Chapter 2§24.

E. Transfer of Variances. Variance approvals are not transferrable unless the Department approves a license transfer pursuant to Chapter 2 and applicable law.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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