Opportunity for Comment
Notice of Opportunity to Participate in Public Hearing as Intervenor
Comment deadline: October 5, 2018
On August 20, 2018, the Maine Department of Environmental Protection ("Department") provided notice to Dubois Livestock Inc. that the Department intended to initiate proceedings to revoke its facility compost licenses (including Department Orders S-021843-CG-A-N, S-021843-CG- C-A, and S-021843-CG-F-A). The Department listed the following bases for this action: violation of conditions of the license (38 M.R.S. §342 (11-B)(A) and Chapter 2 §27(A)); threat posed to the environment (38 M.R.S. §342 (11-B)(C) and Chapter 2 §27(C)); and violation of laws administered by the Department (38 M.R.S. §342 (11-B)(G) and Chapter 2 §27 (G)). The relevant statutory and regulatory criteria associated with the Department's decision to initiate revocation proceedings are outlined above, and also include more specifically: 38 M.R.S. §413 (1); 38 M.R.S §420 (2)(A-B); Solid Waste Management Rules: Composting Facilities, 06-096 C.M.R. Chapter 410; Solid Waste Management Rules: Agronomic Utilization of Residuals 06-096 C.M.R Chapter 419; and Surface Water Quality Criteria for Toxic Pollutants 06-096 C.M.R. Chapter 584 §3(A)(1). On August 30, 2018, Dubois Livestock Inc. requested a hearing on this matter.
Susanne Miller, Director of the Department's Eastern Maine Regional Office was delegated by the Commissioner, to be the Presiding Officer for purposes of carrying out the hearing and to have decision making authority on the merits of this matter. Notice of the hearing date, time, and location will be published at a later date in accordance with the requirements of the Maine Administrative Procedures Act and Department regulations.
At this time, any person who wants to participate as a party to the proceeding must file a written petition for leave to intervene. The petition for leave to intervene will be granted if it shows that the petitioner is a person who is or may be substantially and directly affected by the license revocation, or is a member of a class which is or may be substantially and directly affected, or is an agency of federal, state, or local government. The Department may, at its discretion, allow other petitioners to intervene as a full or limited party to the proceeding. If the petitioner is a group or an organization, the petition must include a description of the purpose and membership of the group or organization. The petition to intervene should include reasonably specific contentions regarding the subject matter of the hearing and show that the petitioner is capable of participation in the hearing. The petition submitted to the Department must include the information set forth in the Department's Rules Governing the Conduct of Licensing Hearings ("Chapter 3"), 06-096 C.M.R. Chapter 3 §11(A)(1).
Persons granted intervenor status will have the right to offer testimony and evidence and cross-examine the witnesses of other parties. Intervenors will have the responsibility to attend pre-hearing conferences and must abide by all procedural orders. Testimony at the hearing will be limited specifically to criteria associated with the license revocation proceedings.
Written petitions for leave to intervene must be received by the Department on or before October 5, 2018 at 5:00 p.m. Petitions should be directed to:
By mail - Susanne Miller, Presiding Officer
Maine Department of Environmental Protection
106 Hogan Road, Suite 6, 3rd Floor
Bangor, ME 04401Electronically - susanne.miller@maine.gov
By hand - Susanne Miller, Presiding Officer
Maine Department of Environmental Protection
106 Hogan Road, Suite 6, 3rd Floor
Bangor, ME 04401
All petitions must be received by the date and time set forth above at least electronically. If a petition is filed electronically, a signed identical paper version must subsequently be mailed to the Department at the mailing address set forth above and received by the Department within five (5) working days.
Questions regarding petitions to intervene may be directed to Assistant Attorney Peggy Bensinger, Peggy.Bensinger@maine.gov, (207) 626-8578. The Maine statutes referenced herein are available online at http://legislature.maine.gov/legis/statutes/ and Chapters 2, 3, 410, 419, and 584 of the Department's regulations are available online at http://www.maine.gov/sos/cec/rules/06/chaps06.htm