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General Information

Some of the files below are posted in PDF format. If you have problems opening them, please contact Terry Hanson.

BOARD OF ENVIRONMENTAL PROTECTION (BEP)

• BEP Fact Sheet (February 2009) -- a one page fact sheet that briefly describes the Board and its statutory responsibilities.

ENFORCEMENT

This section offers access to information on DEP's non-compliance response policy, governing statutes and public participation in administrative consent agreement matters.

• BEP Information Sheet – Guidance on Public Comment on Administrative Consent Agreements (February 2009) -- This document explains what an administrative consent agreement is, the Board's role in the consent agreement process and opportunities for public comment on a proposed consent agreement.
• DEP Information Sheet – Administrative Consent Agreement (June 1993) -- This document provides an overview of DEP's consent agreement process and answers to questions frequently asked by persons engaged in negotiating agreements.
• Statute [38 M.R.S.A. Section 347-A] Violations -- This section of law sets forth general procedures for enforcement actions, public participation in enforcement matters involving discharges to waters of the state, landowner liability, and limitations on air and wastewater discharge enforcement actions.
• DEP Non-Compliance Response Guidance (July 14, 2008) -- Guidance document describes the objectives of DEP's enforcement program, compliance tools, the process for resolving cases of non-compliance, and factors considered in determining the level of response.
  • Monetary Penalty Calculation Guide (July 2, 2008) – Link provides details on the Department's guiding principles and methodology for calculating civil monetary penalties associated with the administrative resolution of a violation.
  • DEP Enforcement Guidance Document: Administrative Consent Agreement Policy (January 10, 1990) -- document provides information on DEP's consent agreement process and factors considered when establishing monetary penalties for violations of environmental laws and rules.
  • Small Business Compliance Incentives Policy (amended, February 14, 1996) -- document related to DEP compliance assistance with corrective action for first time violations identified through the Small Business Technical Assistance Program.
  • Supplemental Environmental Projects (SEP) Policy (September 17, 2004) -- document provides information on implementation of Title 38, Section 349(2-A) whereby a violator may undertake an environmentally beneficial activity as part of an enforcement resolution.

RULEMAKING

This section offers links to existing environmental rules, proposed rules, and guidance on public participation in rulemaking process.

• BEP Information Sheet / Rulemaking (December 2008) -- This Information Sheet describes the agency's rulemaking authority and the legislative definition of rule. In addition, information concerning public participation, rulemaking development and adoption are summarized in this document.
• Secretary of State / Rules by Department / 06 Environmental Protection -- Link opens directly to the DEP's rules organized by chapter number. The rules on this page are in effect and are the most current version of the rule.
• DEP Rulemaking Web Page -- At the DEP's rulemaking page you will find information concerning the agency's regulatory agenda, program bureau specific rulemaking initiatives, contact information, and links to other rulemaking information.
• Subscription Service (PDF) -- If you wish to receive notification by mail of all DEP rulemaking initiatives, please download this electronic subscription form. Complete required information, include payment to “Treasurer State of Maine” in the amount specified and return as indicated on the form.
• BEP Fact Sheet / Guidance on Public Comment at Time of Rule Adoption (April 2001) -- This Fact Sheet describes procedures for public comment at the time of rule adoption in accordance with requirements of 38 M.R.S.A. Section 341-D(1-B).

• 5 M.R.S.A. Chapter 375 Section 8052 – Subchapter 2 // Rulemaking // -- Link to rulemaking provisions of the Maine Administrative Procedures Act including information regarding: public notice, procedural requirements and timelines, impact on small business, and rule adoption.

• Petition for adoption or modification of a rule [5 M.R.S.A. Chapter 375 Section 8055] -- Link to the statutory requirements governing requests by individuals for DEP to adopt a new rule or change an existing rule.
  • Information sheet about petitions
  • State of Maine petition form (PDF)

LICENSING

Links to information regarding the application process, public participation in the licensing process, public hearings and appeals of licensing decisions.

• DEP Information Sheet / Public Participation in the Licensing Process (October 2008) - This link contains information on opportunities for the public to obtain information about an application, provide comment on the application, request a public hearing, or request Board jurisdiction.
• Chapter 2, Rules Concerning the Processing of Applications and Other Administrative Matters (PDF) -- This link opens directly to DEP's Chapter 2 rules which govern various administrative activities common to many licensing matters. These rules apply in the absence of other specific procedural requirements imposed by a statute or rule. Topics include: filing of documents, advisory opinions, general license application requirements, payment of application fees, public notice requirements, public access to information, processing times, requests for a public hearing, requests for Board jurisdiction over an application, appeal of a licensing decision, and petitions to modify, revoke or suspend a license.

• BEP Information Sheet / Guidance on Request for Board Jurisdiction (May 2008) -- This document provides information on the process for requesting Board jurisdiction over an application including information on timeframes, content, and relevant review criteria.

• BEP Information Sheet / Guidance on Participation in a Board Licensing Hearing (September 2008) -- This document explains the purpose of a Board licensing hearing; participation by the DEP, applicant, intervenors, interested persons; and briefly describes requirements for intervenor status.

• Chapter 30, Special Regulations for Hearings on Applications of Significant Public Interest (PDF) -- This link opens directly to DEP's rules concerning the conduct of public hearings on major applications and includes guidance on the following topics: notice, public participation, intervention, pre-hearing conference meetings, submission of evidence, and general hearing procedures. Note: this rule does not provide guidance on enforcement hearings.

• DEP Information Sheet / Appealing a Commissioner's Licensing Decision (May 2004) -- This document provides information on appealing a Commissioner's licensing decision to either 1) the Board of Environmental Protection, or 2) Maine 's Superior Court. It includes general guidance on timeframes, appeal content, filing requirements, and Board process.

• DEP Fact Sheet / Board Reconsideration and Judicial Review (September 1998) -- This document provides information on requests to review a licensing decision in cases where the Board had original jurisdiction and issued the licensing decision. It includes general guidance on timeframes, appeal content, filing requirements, and Board process including petitions for reconsideration by the Board and appeal of the Board's decision to Maine 's Superior Court

 

 

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