Environmental & Land Use: Monthly Regulatory Update
January 04, 2012
The following rules have been posted by Maine state agencies. If you have any questions about these rules, please contact Bill Ferdinand in our Augusta office.
Department of Environmental Protection (DEP)
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 410, Maine Solid Waste Management Rules: Composting Facilities
ADOPTED RULE NUMBER: 2011-435
CONCISE SUMMARY: As required by PL 2011 Ch. 60 (LD 969), the Department of Environmental Protection has adopted changes to the Maine Solid Waste Management Rules: Composting Facilities, 06-096 CMR 410. The revisions increase the exemption thresholds for the volume of Type IB and Type IC residuals composted by a farm in any 30-day period from 30 cubic yards to 60 cubic yards as long as the farm is operated in accordance with a compost management plan approved by the Department of Agriculture, Food and Rural Resources (DAFRR).
EFFECTIVE DATE: December 20, 2011
AGENCY CONTACT PERSON: Carla J. Hopkins, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 215-3314. E-mail: Carla.J.Hopkins@Maine.gov.
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 1000, Guidelines for Municipal Shoreland Zoning Ordinances
PROPOSED RULE NUMBER: 2011-P269
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Deirdre Schneider, Maine Department of Environmental Protection, Bureau of Land and Water Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 557-0353. Fax: (207) 287-7283. E-mail: Deirdre.Schneider@Maine.gov.
PUBLIC HEARING: Tuesday, January 17, 2012 at 01:30 p.m., DEP Response Training Room, 4 Blossom Lane, Augusta, ME
COMMENT DEADLINE: January 27, 2012. Comments may be submitted by mail, e-mail or fax to the contact person listed above. To ensure the comments are considered, they must include your name and the organization you represent, if any.
BRIEF SUMMARY: Ch. 1000 establishes the minimum guidelines municipalities must adopt through local ordinances in order to regulate and permit activities within the shoreland zone. In a letter dated May 31, 2011, the Committee on Environment and Natural Resources directed the Department to remove the requirement that wetlands rated as moderate or high value waterfowl and wading bird habitat by the Department of Inland Fisheries and Wildlife be designated as Resource Protection under the rules relating to shoreland zoning. The Department is proposing to amend the rule as directed by the Committee on Environment and Natural Resources.
IMPACT ON MUNICIPALITIES OR COUNTIES: Municipalities that wish to change their ordinances based on this rule change would need to amend their shoreland zoning ordinances/maps. This process would involve costs to municipalities. However, the amendment of maps and ordinance is not required and may be undertaken at another time when other amendments are deemed necessary by the town.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §438-A(1)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Dawson@Maine.gov.
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES: Ch. 372, Policies and Procedures under the Site Location Law
Ch. 500, Stormwater Management
ADOPTED RULE NUMBER: 2011-477, 478
CONCISE SUMMARY: In response to the legislative directive contained in Resolves 2011, Ch. 46, the Department of Environmental Protection has adopted amendments Ch. 372 Section 12, Standard Conditions of Approval under the Site Location of Development Act, and Ch. 500 Section 10, Conditions of Approval under the Stormwater Management Law, to provide that permits issued with respect to these laws are valid for 4 years after they are issued and that a person who holds such a permit has 7 years to complete a project pursuant to such a permit.
EFFECTIVE DATE: December 27, 2011
AGENCY CONTACT PERSON: Dawn Hallowell, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 557-2624. E-mail: Dawn.Hallowell@Maine.gov.
WEBSITE: http://www.maine.gov/dep/.
DEP RULE-MAKING LIAISON: Terry.Hanson@Maine.gov.
Department of Agriculture, Food and Rural Resources
AGENCY: 01-001 - Maine Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
ADOPTED RULE NUMBER: 2011-469
CONCISE SUMMARY: This rule proposes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. Plants that are evaluated and meet the criteria may be included on a list of invasive plants in the future.
EFFECTIVE DATE: December 25, 2011
AGENCY CONTACT PERSON: Ann Gibbs, Department of Agriculture, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-3891. E-mail: Ann.Gibbs@Maine.gov.
WEBSITE: http://www.maine.gov/agriculture/index.shtml.
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov.
AGENCY: 01-026 – Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
CHAPTER NUMBERS AND TITLES: Amendment to Ch. 28, Notification Provisions for Outdoor Pesticide Applications
New Ch. 33, Certification and Licensing Provisions/Private Applicators of General Use Pesticides
Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
ADOPTED RULE NUMBERS: 2011-473, 474, 475
CONCISE SUMMARY: The Board has adopted a series of changes to these three chapters as follows: (1) The amendment to Ch. 28 is mandated by PL 2011, Ch. 332, LD 228. It allows for notification of aerial spraying within 1,000 feet of sensitive areas. (2) The new Ch. 33 is mandated by PL 2011, Ch. 169, LD 975. It establishes procedures for licensing growers who use only general-use pesticides and annually produce at least $1,000 of plant produce for human consumption. (3) The amendment to Ch. 60 removes the designation of a critical pesticide control area from the Deblois Fish Hatchery. This amendment was requested by a constituent because the area so designated no longer contains a fish hatchery.
EFFECTIVE DATE: December 26, 2011
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028. Telephone: (207) 287-2731. E-mail: Henry.Jennings@Maine.gov.
WEBSITE: http://www.maine.gov/agriculture/pesticides/.
AGRICULTURE RULE-MAKING LIAISON: Caldwell.Jackson@Maine.gov.
