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DEP Home > Participation > Public Participation in the Licensing Process

Information Sheet
Public Participation in the Licensing Process

Dated: January 2004     Contact: (207) 287-2811

SUMMARY

Maine law charges the Commissioner of the Department of Environmental Protection (DEP) with evaluating license applications for many different activities that affect Maine’s environment. Individuals, organizations, and legal entities may participate at various points during license application processing. This INFORMATION SHEET, in conjunction with the statutory and regulatory provisions referred to herein, will help people understand their rights for participation in the Commissioner’s process; other specific provisions that apply to proceedings before the Board of Environmental Protection (Board) when it assumes jurisdiction over an application are not addressed in this INFORMATION SHEET. DEP’s Rules Concerning the Processing of Applications and Other Administrative Matters (Chapter 2), 06-096 CMR 2, were adopted, in part, to provide guidance on public participation in the licensing process.

  1. PUBLIC ACCESS TO INFORMATION. Records submitted to DEP are generally available to the public under Maine’s Freedom of Access Law, 1 M.R.S.A. §§ 401-410. Other than records made confidential by law, all license application materials are available for review at DEP’s offices and may be copied for a nominal fee.
  2. PUBLIC NOTICE. Maine law requires applicants to publicly make known their intent to submit an application to DEP or hold a public informational meeting. It is the responsibility of persons who may be interested in following or participating in the licensing process to act after notice has been published or, if you are an abutter, act when notified directly by mail.1
  3. INTERESTED PERSONS. Individuals can review materials submitted to DEP, attend public informational, pre-application, and pre-submission meetings, request that a public hearing be held on a filed application, request that the Board take jurisdiction over an application, and provide comments during processing of the application and on a draft decision.
    1. Maximum Participation. Participation in a DEP licensing decision to the maximum extent possible requires a person to submit a written request stating their desire to receive material related to an application. Once this request is filed, you will receive direct notice of any public informational, pre-application and pre-submission meetings, and any public hearings held.
    2. Public Informational Meetings. Informational meetings are held to inform the public about environmental impacts that are anticipated from a project. Interested persons may ask questions at such a meeting. Questioners should be aware that answers may not be available during the meeting, but significant value will be gained from any input provided because important considerations will be identified for DEP’s use in its decision making..
    3. Pre-application and Pre-Submission Meetings. DEP often meets with potential applicants prior to an application being filed to identify regulatory and processing issues that need consideration. People attending such a meeting should expect only to observe the proceeding because public input is not received at this time in the licensing process.
    4. Application Comments. People may submit written comments, including technical information, at any time during the course of an application’s processing. It is best to submit information early in the process in order to ensure a maximum amount of time for consideration.
    5. Draft Order Comments. Interested persons will be mailed the Commissioner’s draft licensing decision at least five (5) working days prior to final action. Written comments may be submitted on that draft decision. Reasonable notice of when the Commissioner anticipates issuing a final decision on the draft order will also be provided to interested persons.
    6. Public Hearing Requests. People may request that a public hearing be held on a filed application within 20 days after its acceptance as complete for processing by DEP. Such a request must satisfy requirements found in Section 7 of Chapter 2. The Commissioner will typically order that a hearing be held where credible conflicting technical information exists regarding a licensing criterion.
    7. BEP Jurisdiction Requests. People may request that the Board assume jurisdiction over a filed application within 20 days after DEP accepts it as complete for processing. Such a request must satisfy Section 17 of Chapter 2.

ADDITIONAL INFORMATION

If you have questions or need additional information on the appeal process, contact the DEP’s Director of Procedures and Enforcement at (207) 287-2811. All Maine DEP rules and laws are available via the internet by following the links provided at: http://www.maine.gov/dep/permits.htm

Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use as a legal reference. Maine law governs an interested person’s rights.

1 The exception to general requirements for mailing notice to project abutters is submittal of an air emissions renewal or minor revision application. In such instances, public notice is only provided by publication.

OC/F2004