06-096 C.M.R. ch. 2, § 1 - Definitions

The following terms, as used in this rule, have the following meanings unless the context indicates otherwise:

A. Abutter. "Abutter" means a person who owns property that is contiguous with the property on which a project requiring a license from the Department is proposed.

B. Administrative consent agreement. "Administrative consent agreement" means a legally binding agreement initiated by the Commissioner and voluntarily entered into by a person to resolve one or more violations of any law or rule administered by the Department. The Board and the Office of the Maine Attorney General must approve an administrative consent agreement for it to be legally binding.

C. Aggrieved person. "Aggrieved person" means any person whom the Board determines may suffer a particularized injury as a result of a license decision or an insurance claim-related decision. The Board will interpret and apply the term "aggrieved person" whenever it appears in statute or rule consistent with State of Maine court decisions that address judicial standing requirements for appeals of final agency actions.

D. Amendment application. "Amendment application" means an application that is not a permit by rule or a minor revision to modify a license previously granted by the Department.

E. Application processing period. "Application processing period" means the period of time from the date an application is accepted by the Department as complete for processing through the date the application is decided by the Department.

F. Board. "Board" means the Board of Environmental Protection, whose members are appointed by the Governor and confirmed by the Legislature and which has independent decision-making responsibilities and duties prescribed by 38 M.R.S. § 341-D.

G. Chair. "Chair" means the Chair of the Board of Environmental Protection. When the Chair is recused from or otherwise unable to serve as Chair for a particular matter before or meeting of the Board, the Chair may designate another member of the Board serve as the Presiding Officer over that matter or Board meeting. The Chair's designee is referred to as the "Board Presiding Officer."

H. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection, or his or her designee.

I. Condition compliance application. "Condition compliance application" means an application for approval of a licensing decision of the Commissioner made pursuant to a condition of an existing license.

J. Department. "Department" means the Department of Environmental Protection, which includes the Commissioner and the Board.

K. Department staff. "Department staff" means all staff of the Department. Department staff serve as staff to the Board for matters before the Board.

L. Hearing. "Hearing" means a hearing conducted in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 4.

M. Interested person. "Interested person" means a person who submits timely written comments on an application or who requests, in writing, receipt of materials related to a particular application pending before the Department. The Department will maintain a list of interested persons for each licensing proceeding.

N. Intervenor. "Intervenor" means a person who, in accordance with the Maine Administrative Procedure Act, 5 M.R.S. §§ 9054(1) and (2), and the Department's rules governing hearings, has been granted leave to participate as a party in a license application or in an appeal proceeding when a decision has been made by the Board to hold a hearing.

O. License. "License" means the whole or any part of a new license, amended license, renewal license, transfer, surrender, variance, certification, approval, or similar form of permission issued by the Department that is required by law, and represents the State's exercise of regulatory or police powers. The terms "license" and "permit" are used interchangeably in some Department decision documents and Maine statutes administered by the Department.

P. Licensee. "Licensee" means the person to whom a license has been issued. The terms "licensee" and "permittee" are used interchangeably in some Department decision documents and Maine statutes administered by the Department.

Q. Minor revision. "Minor revision" means an application to modify a license previously granted by the Department, where the modification does not significantly expand the project or associated environmental impacts; does not change the nature of the project; and does not substantively modify any Department findings with respect to any licensing criteria.

R. Permit by rule or PBR. "Permit by rule" or "PBR" means a license that is issued by rule as authorized by 38 M.R.S. §344(7) for a class of activities that would otherwise require the issuance of an individual license or approval.

S. Person. "Person" means an individual, partnership, corporation, government entity, association, or public or private organization of any character other than the Department.

T. Processing time. "Processing time" means the time established by the Department to process an application for a license, as published pursuant to 38 M.R.S. §344-B(1) or otherwise provided by law.

U. Project. "Project" means all portions of the development or activity for which Department approval is required.

V. Transfer of ownership. "Transfer of ownership" means a change in the legal entity that owns a property, facility or structure that is the subject of a license issued by the Department. A sale or exchange of stock (or in the case of a limited liability corporation, of membership interests), or a merger, is not a transfer of ownership for the purposes of this rule provided the legal entity that owns or operates the property, facility or structure remains the same.

Notes

06-096 C.M.R. ch. 2, § 1