06-096-2 Me. Code R. § 16

Current through 2024-51, December 18, 2024
Section 096-2-16 - Board Assumption of Jurisdiction over an Application
A.Categories of Applications Requiring Board Jurisdiction. Pursuant to 38 M.R.S. §341-D(2), the Board will assume original jurisdiction over applications for the following:
(1) a new mining permit required pursuant to 38 M.R.S. § 490-OO;
(2) a license for a new solid waste disposal facility required pursuant to the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S. § 1310-N;
(3) a permit for a new high-impact electric transmission line, as defined in 35-A M.R.S. § 3131(4-A), required pursuant to the Site Location of Development Law, 38 M.R.S. §§ 481-489-E;
(4) a license for a new wastewater discharge required pursuant to 38 M.R.S. § 413 that, as determined by the Department, is expected to use more than 20% of the assimilative capacity of the receiving water;
(5) a permit for a new offshore wind terminal required pursuant to the Site Location of Development Law, 38 M.R.S. §§ 481-489-E;
(6) a permit for a new nuclear power plant, as defined in 35-A M.R.S. §4352(9), required pursuant to the Site Location of Development Law, 38 M.R.S. §§ 481-489-E; and
(7) any application that is referred to the Board jointly by the Commissioner and the applicant.
B.Commissioner Review of Applications. The Commissioner will review and decide as expeditiously as possible whether each application filed with the Department is an application that requires Board jurisdiction because it meets the requirements set forth in 38 M.R.S. §341-D(2). If the Commissioner initially decides that an application does not meet the requirements for Board jurisdiction, but at any subsequent time during review of the application determines that the application does meet the requirements for Board jurisdiction, the Commissioner will notify the applicant of the determination and will promptly refer that application to the Board for further proceedings.

06-096 C.M.R. ch. 2, § 16