06-096 C.M.R. ch. 534, § 2 - Definitions

For the purposes of this Chapter, the following words and phrases have the following meanings:

A. Board. "Board" means the Board of Environmental Protection, an independent citizen board that is part of the Department and that, among its duties, decides selected applications and considers appeals of Commissioner license decisions.

B. Certificate or Certification. "Certificate" or "certification" means a certificate of competency issued by the Department to a person certifying that the applicant has met the requirements for the specified operator classification pursuant to 06-096 C.M.R. ch. 531.

C. Commissioner. "Commissioner" means the Commissioner of the Department of Environmental Protection or their designee.

D. Conference. "Conference" means a pre-hearing, mid-hearing, or post-hearing meeting scheduled by the Presiding Officer at which the Presiding Officer and the parties discuss matters pertaining to the adjudicatory proceeding.

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

F. Hearing. "Hearing" means an adjudicatory hearing conducted in accordance with the procedural requirements of 5 M.R.S. §§ 9051-9064 and this rule.

G. Interested person. "Interested person" means a person who requests, in writing, receipt of notices related to the hearing.

H. Intervenor. "Intervenor" means a person who, in accordance with the MAPA, 5 M.R.S. §9054(1) or (2), and this rule, has been granted leave to participate as a party in an adjudicatory hearing.

I. Operator. "Operator" means a person who is certified by the Department as being competent to supervise, manage, or operate a wastewater treatment plant and to ensure that the plant is operated in accordance with state and federal laws, rules, and certifications, pursuant to 06-096 C.M.R. ch. 531.

J. Party. "Party" means:

(1) the person whose legal rights, duties, or privileges are being determined in a suspension or revocation proceeding; or

(2) an intervenor.

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

L. Presiding Officer. "Presiding Officer" means the individual authorized pursuant to the MAPA and this rule to preside over a suspension or revocation proceeding in which a hearing is to be held.

M. Written testimony. "Written testimony" means the sworn written testimony of a party submitted for inclusion in the record of an adjudicatory proceeding.

Notes

06-096 C.M.R. ch. 534, § 2