06-096 C.M.R. ch. 2, § 9 - Pre-Application and Pre-submission Meetings on Applications

A. Purpose.

(1) Pre-Application Meetings. Pre-application meetings between the applicant and the Department are an opportunity for the applicant to determine the statutory and regulatory requirements that apply to a specific project, and to identify issues, processing times, fees and the types of information and documentation necessary for the Department to properly assess the project. Any applicant may request a pre-application meeting. The pre-application meeting must be attended by the applicant or the applicant's authorized agent. If the applicant is an agency, company, corporation, or other organization, the request for a pre-application meeting must include the organization's name and the name of the person who will represent the applicant at the meeting. If the applicant chooses to be represented by an agent in the pre-application process, contact information for both the applicant and the agent and documentation that the agent is authorized to act on behalf of the applicant must be provided with the request. The applicant must consult the appropriate bureau licensing staff to determine what information the applicant must provide before or during a pre-application meeting. The Department will make a date available for the meeting as expeditiously as possible, but no later than 60 days from receipt of a written request or when all information required by the Department for the pre-application meeting is submitted. The Department will prepare a written summary of all pre-application meetings.

(2) Pre-Submission Meetings. A pre-submission meeting between the applicant and the Department occurs after the applicant has finished preparing the application for submission. The meeting is an opportunity to review the assembled application to ensure that the necessary information has been included prior to filing the application with the Department. The applicant or its authorized agent must attend the pre-submission meeting. If the applicant is an agency, company, corporation, or other organization, the request for a pre-submission meeting must include the organization's name and the name of the person who will represent the applicant at the meeting. If the applicant chooses to be represented by an agent at the pre-submission meeting, contact information for both the applicant and the agent and a letter from the applicant authorizing the agent to act on its behalf must be provided with the request. An applicant may request a pre-submission meeting by contacting the project manager, or the division licensing coordinator if no project manager has been identified. The Department will make a date available for the meeting as expeditiously as possible, but no later than 45 days from receipt of a written request or when all information required by the Department for the pre-submission meeting is submitted.

B. Pre-Application Meetings Required. A pre-application meeting is required prior to submission to the Department of an application for any of the following:

(1) a new Site Location of Development Law license (38 M.R.S. § 481, et seq.);

(2) a Natural Resources Protection Act (38 M.R.S. § 480-A, et seq.) permit for a Tier 3 wetland alteration; a project requiring compensation pursuant to 38 M.R.S. §480-Z; construction of a new building on a frontal dune, as defined by 06-096 C.M.R. 355(3)(U); a project that results in more than 50,000 cubic yards of dredge spoils; a dam removal, including a dam removal pursuant to 38 M.R.S. §634(4); a small scale wind certification; or a new crossing of an outstanding river segment, as defined by 38 M.R.S. §480-P;

(3) a new waste discharge license for a discharge greater than 25,000 gallons per day (38 M.R.S. § 413, et seq.);

(4) a new or expanded solid waste disposal facility license (38 M.R.S. § 1310-N, et seq.);

(5) a new or expanded hazardous waste facility, waste oil facility, or biomedical waste facility license, but not abbreviated licenses (38 M.R.S. § 1319-O, et seq.);

(6) a mining permit pursuant to 38 M.R.S. §490-LL, et seq.; or

(7) a project or activity requiring a new or amended license from more than two bureaus, not including minor revisions.

When a pre-application meeting is required by this rule, the prospective applicant must hold a public informational meeting in accordance with section 12 of this rule.

C. Pre-submission Meeting Required. A pre-submission meeting is required prior to submission to the Department of an application for any application for which a pre-application meeting was held or any application that has been previously returned pursuant to section 10(B) of this rule.

D. Waiver. The Department may waive, in writing, the requirement to hold a pre-application or pre-submission meeting if the Department is satisfied that such a meeting is not necessary to achieve the purposes set forth in section 9(A) of this rule. Waiver of a pre-application or pre-submission meeting does not waive the public informational meeting requirement of section 12 of this rule.

Notes

06-096 C.M.R. ch. 2, § 9