01 M.R.S. § 001-575-11 - FINAL ACTION

1. STAFF DECISIONS. Unless otherwise indicated as a condition of the permit or certification, a final action issued by DACF staff is effective on the date the signed decision document is provided to the applicant.

2. CORRECTIONS

A. Within thirty (30) calendar days following the effective date of a permit, any person aggrieved by the decision of DACF may petition to seek the correction of any misstatement of fact or clerical error contained in the final decision or to challenge any material fact of which DACF took official notice. DACF will determine whether to dismiss the petition as without merit, to correct the error, or to take such other steps as it deems appropriate. Failure to invoke the provisions of this section will not affect an aggrieved party's right of appeal to a court of law.

B. DACF will review requests for correction within sixty (60) calendar days of receipt of such request.

C. At any time, DACF may issue a corrected permit in accordance with this section.

D. The filing of a request for, or the issuance of, a correction under this section does not serve to stay the deadlines for any appeal of a DACF decision, and the effective date of any corrected decision must be the same as the original decision.

3. AMENDMENTS. An application for amendment or request for minor change must be submitted to DACF before undertaking any modification not exempted from permitting requirements by statute or rule to solar energy development that is the subject of DACF authorization. Written approval for the modification must be received before the modification is undertaken.

4. EXPIRATION. Except as provided in § 11(6) or as otherwise authorized by DACF in the permit conditions of approval, the permittee must start construction within two (2) years of the effective date of the permit and be substantially completed within five (5) years of the effective date of the permit or the permit will expire.

5. MULTI-PHASED PROJECTS. For multi-phased projects or project expansions that are permitted separately, final DACF approval of each phase or expansion will be treated as a separate permit for the purposes of determining "start of construction" and "substantial completion" for each phase or expansion.

6. RENEWALS. An application to renew a permit must be submitted prior to the expiration of the permit.

A. If the renewal application is not timely submitted prior to the expiration of the permit or is timely submitted but not accepted as complete for processing in accordance with § 9(3)(E)(1), the permit lapses.

B. If the renewal application is submitted in a timely manner prior to the expiration of the permit and accepted as complete for processing, the terms and conditions of the existing permit remain in effect until the final DACF decision on the renewal application.

C. DACF may renew a permit and extend it by up to two (2) years for either or both of the deadlines for the "start of construction" and/or "substantial completion."

D. Renewal applications to extend the expiration date for solar energy developments that have not started construction are subject to the procedural and substantive requirements in effect at the time the renewal application is accepted.

E. DACF may, at DACF's discretion, accept renewal applications if they are submitted no more than thirty (30) calendar days after the expiration date of the permit. The terms and conditions of the existing permit should be considered expired until the final DACF decision on the renewal application.

7. TRANSFER. The transfer of DACF permits is required for all solar energy developments where, at the time of the change in ownership, the solar energy development has not yet initiated decommissioning activities, and the permit has not yet expired. A transfer application must be submitted to DACF no later than thirty (30) calendar days prior to the transfer of ownership of a solar energy development subject to certain DACF permits Except as may be required by the Constitution of Maine or statute, all other permits are carried forward with the land and, therefore, any change in ownership thereof.

A. If the transfer application is not timely submitted at least thirty (30) calendar days prior to the transfer of ownership of a solar energy development subject to DACF permits or is timely submitted but not accepted as complete for processing in accordance with § 9(3)(E)(1), the permit lapses on the date of the transfer of ownership.

B. If the transfer application is timely submitted and accepted as complete for processing, pending determination on the transfer application, the transferee must abide by all of the terms and conditions of the permit and is jointly or severally liable with the original permittee for any violation of the terms and conditions thereof. The terms and conditions of the existing permit remain in effect until the final DACF decision on the transfer application.

C. In the transfer application, the transferee must demonstrate to DACF's satisfaction sufficient technical ability, sufficient financial capacity, and the intent and ability to:

(1) Comply with all terms and conditions of the applicable permits; and

(2) Satisfy all applicable statutory and regulatory criteria.

8. SUSPENSION. Any permittee may propose to suspend activities for a period specified as part of a permit transfer, permit application, or other appropriate situations. The proposal must be made in writing and contain sufficient detail for DACF to understand the purpose and effect of the suspension. If a proposed suspension is approved, then:

A. DACF must confirm such suspension, and any subsequent release from suspension, in writing; and

B. The suspension does not pause, extend, or otherwise affect requirements regarding the start of construction or substantial completion.

9. SURRENDER. Any permittee may request to surrender their permit if the permittee demonstrates to DACF's satisfaction that they have never used the permit for its intended purpose nor begun any of the activities approved under the permit and does not intend to do so in the future. The request must also provide that the permittee waives notice and opportunity for hearing.

DACF may require written and photographic documentation or certified statements, in addition to any other relevant information, to demonstrate that the activities described in the permit have not been undertaken. For any approved permit recorded in a registry of deeds that is later surrendered, DACF will require that evidence of the surrender be filed by the permittee or DACF at the permittee's expense with the same registry of deeds.

When DACF approves the surrender, the permit is deemed null and void as of the date the surrender is approved.

Notes

01 M.R.S. § 001-575-11