06-096 C.M.R. ch. 2, § 10 - Application Requirements

A. General Requirements. Applicants must use the application form(s) provided by the Department.

Applications must include the physical address of the proposed project site and, when available, Global Positioning System (GPS) reference data. All GPS data must be in the form of Universal Transverse Mercator (UTM), Zone Nineteen North, North American Datum of 1983 (NAD83) coordinates of the proposed project. The applicant may contact the appropriate Department bureau staff to determine whether additional or more specific project location information is required.

An application submitted to the Department by a corporation must be made in the corporation's registered corporate name and must include either documentation that the corporation is in good standing with the Maine Department of the Secretary of State, or a statement signed by a corporate officer affirming that the corporation is in good standing.

Applications must be filed in care of the appropriate bureau, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333, or other Department office as directed by the Department. When required, applications must be filed electronically in accordance with the instructions provided with the application.

B. Acceptance of Application. The Commissioner will, within 15 working days of receipt of an application by the Department, provide notice to the applicant that contains the date the application was accepted as complete for processing, or return the application and specify in writing the reasons it was returned. An applicant whose application has been returned must attend a pre-submission meeting in accordance with section 9(C) of this rule before resubmitting an application for the same project. If the Commissioner does not provide notice to the applicant of acceptance or rejection of the application within 15 working days, the application is deemed accepted as complete for processing on the 16th working day after receipt by the Department.

A determination that an application, including any supplemental application forms, is accepted as complete for processing is based on Department staff's determination that the application is properly filled out and information is provided for each of the items included on the form, including evidence that (1) the correct application fee has been paid pursuant to section 11 of this rule; (2) sufficient title, right or interest has been demonstrated pursuant to section 10(D) of this rule; and (3) notice, when required, has been provided in accordance with section 13 of this rule. The acceptance of an application as complete for processing is not a review of the sufficiency of the information provided and does not preclude the Department from requesting additional information during the application processing period. Failure to provide in a timely manner information that is necessary for the processing of the application may result in denial of the application.

C. Projects Requiring Multiple Licenses. Upon filing of an application for a project which will require more than one license from the Department, the Department may require the applicant to submit applications in a specific sequence as deemed necessary for administrative efficiency. The Department may return an application that is inconsistent with a sequence that has been specified for a particular project. The processing time for consolidated applications is the longest processing time associated with any of the applications. An applicant for a project requiring approval from more than two bureaus should contact the Office of the Commissioner in the early phase of project development to arrange a pre-application meeting and to discuss application coordination.

D. Title, Right or Interest (TRI). Title, right or interest is a threshold determination made by the Department for purposes of deciding whether to accept an application as complete for processing.

Prior to the Department's acceptance of an application as complete for processing, an applicant must demonstrate to the Department's satisfaction that it has sufficient TRI in all the property that is proposed for development or use.

When TRI is disputed before or during the application processing period by information that the Department determines is credible, the Department may require the applicant to provide additional information to address TRI or the disputed evidence. An applicant must maintain sufficient TRI throughout the application processing period.

Methods of demonstrating TRI include, but are not limited to, the following.

(1) When the applicant owns the property, a copy of the deed(s) to the property must be supplied.

(2) When the applicant has a lease or easement on the property, a copy of the lease or easement must be supplied. The lease or easement must be of sufficient duration and terms, as determined by the Department, to permit the proposed construction and reasonable use of the property, including decommissioning, reclamation, closure and post-closure care, when required or anticipated to be required. If the project requires a submerged lands lease from the State, evidence must be supplied that the lease has been issued, or that an application is pending before the appropriate state agency.

(3) When the applicant has an option to buy or lease the property, a copy of the option agreement must be supplied. The option agreement must be sufficient, as determined by the Department, to give rights to title, or a leasehold or easement of sufficient duration and terms to permit the proposed construction and use of the property including decommissioning, reclamation, closure and post-closure care, when required or anticipated to be required.

(4) When the applicant has eminent domain power over the property, evidence must be supplied as to the ability and intent to use the eminent domain power to acquire sufficient TRI to the site of the proposed development or use.

(5) When the applicant has either a valid preliminary permit or a notification of acceptance for filing of an application for a license from the Federal Energy Regulatory Commission for the site which is proposed for development or use, a copy of that permit or notification must be supplied. This provision applies only to those portions of a project where eminent domain authority exists under federal law.

(6) When the applicant has a written agreement with a landowner to spread waste material that will be agronomically utilized by the landowner, a copy of that agreement must be supplied.

The Department may return an application before or during the application processing period if the Department determines that the applicant does not have or no longer has sufficient TRI. The Department may refuse to accept an application as complete and may return an application at any time for a lack of sufficient TRI, if it determines that the activity proposed in the application would likely be prohibited by federal, state, or municipal law or fall within a temporary moratorium on the activity. With the exception of applications returned because of a moratorium, application processing fees will not be refunded if an application is returned during the application processing period due to failure to maintain sufficient TRI.

E. Signatory Requirement. Each application submitted to the Department must include the signature of the applicant or the applicant's duly authorized officer or agent in accordance with section 3 of this rule and under the following certification:

"I certify under penalty of law that I have personally examined the information submitted in this document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. Pursuant to 38 M.R.S. §347-C, I authorize the Department to enter the property that is the subject of this application to determine the accuracy of any information provided herein. I am aware that pursuant to 38 M.R.S. §349 there are civil and criminal penalties for submitting false information, including the possibility of fine and imprisonment."

If an application is signed by an agent, the application must include evidence demonstrating that the applicant has authorized the agent to act on its behalf.

NOTE: Some submissions may be subject to the federal Cross Media Electronic Reporting Regulation (CROMERR) requirements pursuant to 40 C.F.R. Part 3.2000(b).

When a submission is made using an electronic signature or telefax, program-specific statutes or rules may also require the submission of an identical original paper document.

F. Burden of Proof and Governing Law. An applicant for a license has the burden of proof to affirmatively demonstrate to the Department that all applicable licensing criteria in statute or rule have been met. For those matters relating to licensing criteria that are disputed by evidence the Department determines is credible, the applicant has the burden of proving by a preponderance of the evidence that the licensing criteria are satisfied. Unless otherwise provided by law, all license applications are subject to the substantive laws and rules in effect on the date the application is accepted by the Department as complete for processing.

G. Local Filing of Applications. At the time of filing with the Department, a copy of the application and its supporting documents, and all amendments to that application, must be filed by the applicant with the appropriate town or city clerk or, if the project is in an unorganized area, with the corresponding county commissioners.

Notes

06-096 C.M.R. ch. 2, § 10