06-096 C.M.R. ch. 856, § 12 - Decisions

A. In accordance with the statutory requirements of 38 M.R.S. §§345-A and 1319- R, the Department will within a reasonable period of time after receipt of the application order a public hearing on the application or propose to:

(1) Approve the application with standard conditions only and set forth, in writing, its findings that the applicable statutory criteria are met with a sufficient explanation to make interested persons aware of the basis for the approval;

(2) Approve the application, subject to standard and special conditions and set forth, in writing, its findings that the applicable statutory criteria are met with a sufficient explanation to make interested persons aware of the basis for the approval; or

(3) Deny the application in its entirety or deny only the portion pertaining to the active life of a facility or unit and set forth, in writing, its findings with a sufficient explanation to make interested persons aware of the basis for disapproval.

If a public hearing on the application is held, the Department will propose a decision under Sections 12(A)(1), 12(A)(2) or 12(A)(3) of this Chapter within a reasonable time after the conclusion of the hearing.

NOTE: Hearings on applications are generally discretionary pursuant to 38 M.R.S. §345-A and 06-096 C.M.R. ch. 2, § 7; however, 38 M.R.S. §1319-R requires that a public hearing be held for any application for a license to construct, newly operate, or substantially expand a commercial hazardous waste facility. In this instance, "substantially expand" means "the expansion of an existing licensed hazardous waste facility by more than 25%, as measured by volume of waste or affected land area, from the date of its initial licensed operation." A decision made by the Department under Sections 12(A)(1), 12(A)(2), or 12(A)(3) of this Chapter is a proposed decision until the Department acts under subsection C of this section.

B. Immediately following a decision by the Board under Section 12(A)(1), 12(A)(2), or 12(A)(3) of this Chapter (for licenses other than abbreviated licenses issued under Section 11 of this Chapter), the Department will give or cause to be given public notice, including notice to the applicant, of the proposed decision, invite written comments on its appropriateness and offer the opportunity to request a public hearing concerning the decision, stating that comments and hearing requests must be received within 45 days of the date of the notice. Such a notice will include the Department contact person and the locations and times that the decision may be examined.

C. At its next regularly scheduled meeting following the 45 day comment period referenced in Section 12(B) of this Chapter, the Board will, having considered and responding to any comments or requests:

(1) Affirm the proposed decision as final without modification;

(2) Modify the proposed decision at its discretion and issue as final or if the Board determines that the modification represents a significant change in construction, operation or alteration of the facility or in terms or conditions of the proposed decision, it will issue the modified decision as a new proposed decision, subject to the requirements of Sections 12(A) and 12(B) of this Chapter and this subsection;

(3) Reverse the proposed decision, issuing the reversal as a new proposed decision, subject to the requirements of Sections 12(A) and 12(B) of this Chapter and this subsection; or

(4) Order a public hearing on the proposed decision upon request or at the discretion of the Board and, following the hearing, act under Sections 12(A)(1), 12(A)(2), or 12(A)(3) of this Chapter.

D. Appeals by an aggrieved party may be made in accordance with 38 M.R.S. §§341- D(4) and 346; the Maine Administrative Procedure Act, 5 M.R.S. §11001; and the Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 C.M.R. ch. 2..

E. If the application is complete, if the required findings can be made, if the applicant has not misrepresented any facts in its application, and if issuance of a license will not cause or contribute to a violation of law or rule, the license will be issued, for a term specified by the Department, not to exceed 5 years. Each license issued under this Chapter will contain terms and conditions as the Department deems necessary to comply with applicable statutory law, the regulations adopted thereunder, and to protect human health and the environment.

F. In determining whether issuance of the license will cause or contribute to a violation of law or rule, the Department may consider any prior violation, suspension or revocation of any license issued to the owner, operator or facility pursuant to this Chapter or of any other environmental license, permit, certification or other approval issued to the owner, operator or facility by this State or any political subdivision thereof or by any other State or Federal agency. The Department may require the applicant to present evidence of changed conditions or circumstances sufficient, in the Department's judgment, to warrant issuance of the license notwithstanding any prior violation, suspension or revocation.

G. An application for a license for more than one type of handling may be granted in whole or in part and the license may be issued as a single license for all types of handling or as separate licenses for each type of handling, as the Department determines to be appropriate. The Department may deny the license application either in its entirety or in part, or only the portion pertaining to the active life of a facility or unit.

H. A license for a substantial modification may be granted as an amendment to the existing license or as a new license, as the Department determines to be appropriate.

I. The municipality in which a facility is located, for which a license has been applied for, or if the facility is located in an unorganized territory, the county clerk of the county of its location, will be notified of any proposed or final decision regarding an application.

J. In the case of a mobile treatment facility, the Department may prohibit the operation of such a facility through denying phase 2 approval if the Department determines that such operation at that site poses a threat to public health or the environment.

Notes

06-096 C.M.R. ch. 856, § 12