06-096-200 Me. Code R. § 3-9

Current through 2024-51, December 18, 2024

Section 096-200-3-9 - Application Requirements

A.Pre-Application Meeting

(1) Prior to preparing an application for a mining permit, the Applicant shall meet with the Department for a pre-application meeting and a site visit. The purpose of the pre-application meeting, as set forth in 06-096 C.M.R. ch. 2, is to help the Applicant understand the application process, to exchange information, to discuss the application fee, and to review the proposed metallic mineral mining and reclamation operation, and for the Department to provide direction on the process for preparing an application for a mining permit.

(a) The Applicant shall provide the Department the following information prior to the preapplication meeting:

(i) Identities and contact information of the persons associated with the proposed mine, including landowners, lessees, the Applicant, and other associated persons;

(ii) Location, including a description of town or township, range, section, and depiction of the metallic mineral mining areas and affected area on a diagram;

(iii) A general description of natural features including physical, geographic, hydrologic, biologic, and infrastructure description of the proposed mine and affected area including administrative features such as land use, zoning, surface and mineral ownership, and areas of special environmental designation;

(iv) A description of geologic resources, including:

(A) Geologic map indicating known stratigraphy, structure, and fault systems with appropriate cross-sections;

(B) Narrative of geologic history;

(C) Discussion of the metallic mineral deposit including mineralogic and chemical nature of the ore and waste rock;

(D) Geologic stability of the affected area including regional seismicity, known landslides, and fault systems; and

(E) Unique geologic features;

(v) A description of the target mineral deposit, based on existing exploration data;

(vi) A conceptual advanced exploration plan, if necessary, and a conceptual metallic mineral mining, beneficiation, and reclamation plan;

(vii) A conceptual mine waste and designated chemical materials characterization work plan that meets the requirements of subsection 20(E) of this Chapter; and

(viii) A conceptual baseline characterization work plan that addresses, at a minimum, the requirements of subsection 9(C) of this Chapter.

(b) At the pre-application meeting the Department will provide an overview of:

(i) The Act, applicable rules, and the permit application process;

(ii) The fees for metallic mineral mining and the maximum fee for processing an application; and

(iii) The relationship of the Act and rules to other laws and regulations.

(2) Public Information Meeting. A public information meeting is also required pursuant to 06-096 C.M.R. ch. 2.

B.Application Contents. The Applicant shall provide all submissions that the Department determines are necessary to evaluate the application under the criteria for a permit under the applicable laws and rules. The Applicant shall prepare and submit to the Department an application for a mining permit, which shall at a minimum contain:

(1) Applicant Information. Information about the Applicant and the proposed activity must be provided including, but not limited to, the following:

(a) The name, mailing address, and phone number of the Applicant and principal representative of the applicant;

(b) The general organizational structure of the applicant, any parent companies, owners, principal stockholders, partners, and joint ventures;

(c) Evidence of title, right, or interest in all of the property that is proposed for development or use;

(d) All entities with a financial interest in the proposed activity;

(e) Any managing agents or subsidiaries which are or may be involved in the proposed activity;

(f) Organizational and legal relationships between or among joint applicants;

(g) The Applicant's registered agent for service of process in the State;

(h) Evidence of the Applicant's ability to undertake the proposed activity, including:

(i) A statement of the Applicant's prior experience and/or training as it relates to the proposed activity;

(ii) The names and qualifications of all key personnel who will be involved with site preparation, extraction, beneficiation, reclamation, closure, and post-closure maintenance;

(i) A summary of the Applicant's and its responsible officers' and related persons' record of compliance with environmental and land use laws and financial requirements of Maine and other jurisdictions, as follows:

(i) Criminal Convictions. A listing and explanation of any criminal convictions of the State, other states, the United States, or another country of the persons required to disclose under this section;

(ii) Civil Violations. A listing and explanation of any adjudicated civil violations of environmental laws or rules administered by the State, other states, the United States, or another country by any of the persons required to disclose under this section in the 10 years immediately preceding the filing of the application;

(iii) Consent Decrees and Administrative Orders or Agreements. A listing and explanation of administrative agreements or consent decrees entered into by, or administrative orders directed at, any of the persons required to disclose under this section for violations of environmental laws administered by the Department, the State, other states, the United States, or another country in the 10 years immediately preceding the filing of the application;

(iv) Other Proceedings. A listing and explanation of any ongoing court proceeding, administrative consent agreement negotiation, or similar ongoing administrative enforcement action not already provided in which the Applicant or any of the persons required to disclose under this section is a party and which concerns environmental laws administered by the Department or the State.

The Department may require the Applicant to update the list set forth in subsection 9(B) (i) subsequent to the filing of the application; and

(j) Documentation of sufficient financial assurance and insurance required under subchapter 4 of this Chapter and proof of a comprehensive general liability insurance policy in force for the mining to provide personal injury and property damage protection in an amount adequate to compensate persons who might be damaged as a result of the mining operation or any reclamation or restoration connected with the operation.

(2) Location. The location of the proposed activity must be provided including, but not limited to, the following:

(a) The location of the proposed site, including the municipality or township, and county;

(b) A legal description of the proposed site;

(c) Whether or not the proposed site is within the jurisdiction of the Land Use Planning Commission, and if so, the land use district(s) encompassing the site; and

(d) The names and addresses of abutting property owners.

(3) Evidence of Legal Authority. Evidence of the Applicant's legal authority to conduct business in the United States and the State of Maine must be provided in the form of the Information Summary sheet from the Bureau of Corporations, Elections and Commissions.

(4) Other Permits. A list must be provided of all other federal, state, and local permits, licenses, and approvals required for the proposed activity, including the status of such permits, licenses, and approvals or applications for such approvals that are pending.

(5) Mining Experience. A list must be provided of all mines controlled or operated, in whole or in part, by the applicant, parent companies, subsidiaries, predecessors, or related persons, in the United States and abroad. This list shall include mine site addresses, nature and duration of affiliation with the site, a brief description of each mine, and the compliance record with regard to applicable mining permits, authorizations, rules, and laws of the applicable jurisdiction.

(6) Reactive Mine Waste Report. The Applicant shall submit with its application a reactive mine waste report that includes the information required by subsection 20(E) of this Chapter consisting of all test data concerning waste analysis for each type of mine material, waste and designated chemical material, the testing program objective together with an interpretation of the results, and options for the control of acid generation and metal leaching.

C.Baseline Site Characterization Report. A baseline site characterization report shall be included as part of the application. This report must define existing conditions within the proposed mining areas and affected areas prior to commencement of the proposed activity. Baseline studies must provide sufficient data to allow qualitative and quantitative analysis of the study areas under a baseline work plan approved by the Department. All data collection and analyses must be performed by qualified professionals in the relevant disciplines. The use of already available (or pre-existing) data may be allowed subject to prior review and approval by the Department. All pre-existing data shall be clearly marked "pre-existing data" within the baseline plan. The Applicant shall discuss the manner and time in which the data were acquired, the analytical or investigative methods used and any other factors relevant to the quality and applicability of the data. The Department shall accept or reject the use of pre-existing data prior to the acceptance of the baseline work plan. All pre-existing data must be supplemented with new data collected within the mining areas and affected areas. The proposed baseline site characterization report must include, if required by the Department, each of the following:

(1) Documentation of aquatic and terrestrial flora and fauna species presence, distribution and abundance including the existence of endangered or threatened species and significant wildlife habitats and may include analyses of fish tissue, fish population, invertebrate population and abundance, and any other measure of ecological health the Department deems necessary to gauge potential impacts.

(2) A water balance of the metallic mineral mining and affected area including, but not limited to, consideration of precipitation, evapotranspiration, infiltration, runoff, surface and groundwater flow, hydraulic gradients, velocity, flowpaths, elevations, and groundwater/surface water interactions;

(3) An ambient water quality monitoring plan and monitoring results that provide baseline water quality information for any surface or groundwater that potentially may be impacted as a result of the mining activity. Surface and groundwater baseline monitoring is required for (1) metallic elements for which maximum contaminant levels (MCLs) have been established by the United States Environmental Protection Agency (EPA) under the Safe Drinking Water Act, or for which applicable Effluent Guidelines and Standards for Ore Mining and Dressing Point Source Categories have been established pursuant to 40 CFR §440 ; and (2) for any toxics for which criteria have been developed by EPA under Section 304(a) of the Clean Water Act or by the Department under 38 M.R.S. §420, and other indicators that could adversely impact water quality. In addition, the Department may require testing which includes, but is not limited to, the following:

acidity	magnesium
alkalinity	manganese
aluminum	mercury
ammonia	molybdenum
antimony	nickel
arsenic	nitrates-nitrite
barium	pH
beryllium	phenols
biochemical oxygen demand	potassium
boron	radium 226 and 228
bicarbonates	selenium
cadmium	silver
calcium	silica
carbonates	sodium
cation-anion balance	sulfate
chemical oxygen demand	sulfide
chloride	temperature
chromium	thallium
conductivity	total dissolved solids
copper	total Kjeldahl nitrogen
cyanide	total organic carbon
dissolved oxygen	fluoridetotal phosphorus
hardness	total suspended solids
iron	vanadium
lead	volatile organic compounds
zinc	total petroleum
	hydrocarbons

Baseline water quality monitoring shall include at least 2 years' data collected over 24 or more consecutive months unless pre-existing data are approved for use by the Department, and shall generate the information necessary to:

(a) Determine upper and lower predictive limits, with 95% level of confidence, for baseline physical hydrologic conditions (water levels, stream stage, and discharge) at each monitoring location, for each parameter, and for each hydrologic season. Storm frequency, intensity and flow/volume analyses shall be conducted for 2, 10, 25, 100, and 500-year storms;

(b) Provide a basis to evaluate future operational, reclamation, corrective action, closure, and post-closure monitoring data for the presence of a statistically significant change from baseline conditions;

(c) Characterize baseline water quality and sediment in streams, ponds, and wetlands for parameters representative of mine materials, wastes, and designated chemical materials, and associated reaction and transformation products that present a potential risk of release during metallic mineral mining;

(d) Characterize baseline water quality and sediment in streams, ponds, and wetlands for parameters that likely serve as general indicators of baseline conditions; and

(e) Provide a groundwater flow numerical model for baseline, operational, and post closure conditions that will be used for determining potential hydrogeological impact;

(4) Documentation of baseline climatological and meteorological conditions including temperature, precipitation, precipitation forms, wind speed, wind direction, solar radiation, relative humidity, barometric pressure, atmospheric gas composition, and atmospheric dust;

(5) Documentation of all watersheds, groundwater basins and aquifers, and an inventory of wells, springs, and seeps within mining areas and affected areas;

(6) A study documenting soils and other surficial deposits present, including descriptions of type, extent, thickness, and physical and chemical properties; and

(7) Documentation of cultural, historic, and scenic resources.

D.Mining Operation Plan. A mining operation plan shall be included as part of the application. The mining operation plan shall provide a detailed metallic mineral mining feasibility study including, but not limited to, designs, plans and specifications, analyses, and schedules along with supporting data and information, as applicable, of the following:

(1) Type and method of metallic mineral mining proposed, and the expected operating life of the mine, including a mining and production schedule;

(2) Area, volume, type, and mineralogy of ore to be excavated, and schedule of metallic mineral mining and stockpiling of ore;

(3) Area, volume, and characteristics of topsoil, overburden, lean ore, ore, and waste rock to be excavated, including plans and schedules for excavating, segregating, processing, storing, and stabilizing these materials. All mine waste must be characterized according to their potential to generate acid rock drainage or otherwise discharge contaminants to the environment, and plans for excavation, segregation, processing, storage, and stabilization of each type of material must specifically address the nature of the material identified by this characterization;

(4) Locations, designs, schedules of development, proposed use, and dimensions of stockpiles;

(5) Location, extent, depth, dimensions, and elevation contours of excavations, underground mine openings and workings, shafts, portals, and other openings to the land surface, including a schedule of development;

(6) Locations, dimensions, and proposed use of buildings, facilities, and structures including those used for storage and transfer of chemicals, and location, dimensions, and proposed use of fuel and explosives storage, washdown, and maintenance areas;

(7) Transportation plan, including off-site ore concentrate or metallic product hauling;

(8) Plan for providing necessary general infrastructure requirements to the mining operation including electrical power requirements, water, wastewater, and general solid waste disposal, and access roads for transportation of equipment, materials, and labor required for the mining and restoration operation. This plan shall include details on the addition of the mining operation to existing civil infrastructures within the metallic mineral mining and affected areas;

(9) Beneficiation plan describing type, methods, extent and sequences, as well as associated materials, reagents, wastes, products, equipment, and processes;

(10) Tailings management plan, including a description of the quantity, method, location, sequence, and schedule;

(11) Water management plan for storm water, surface water, groundwater, potable water, and process water describing:

(a) Withdrawal sources, quantities, rates, and duration of use;

(b) Expected hydrologic impacts on water supply sources, groundwater, wetlands, and other surface water resources;

(c) Purpose, location, size, capacities, design, operating procedures of all ponds, impoundments, dewatering systems, diversions, and other water control structures and treatment facilities;

(d) Location and estimated volumes, rates, quality, and duration of discharges; and

(e) Anticipated wastewater treatment methodology, design, and procedures;

NOTE: For some activities in, on, over or adjacent to a wetland or waterbody, a permit under the Natural Resources Protection Act may be required. See 38 M.R.S. §480-B and the Department's Wetlands and Waterbodies Protection rule, 06-096 C.M.R. ch. 310. Any discharge to the Waters of the State requires a permit pursuant to 38 M.R.S. §413.

(12) Waste management plan including descriptions by waste stream type, source, anticipated volumes, characteristics, provisions for minimization, treatment, on-site storage, containment, management, transportation, and disposal endpoints. Waste management plans shall not include perpetual treatment methodologies; and

(13) Dust management plan for the control of dust and other fugitive emissions.

E.Engineering Report. An engineering report shall be included as part of the application. The engineering report for the mine facility must present the basis for the engineering design and the proposed construction procedures. The engineering report must discuss site-specific factors considered during design and address design selection for engineered structures. The report must also include a narrative evaluating the potential modes and significance of failures in engineered systems. All calculations and assumptions used in the evaluation and design of the proposed facility must be submitted. Engineering designs, reports, plans and other technical engineering documents must be signed by a qualified professional.

F.Quality Assurance Plan (QAP). A QAP must be established and included as part of the application to assure that design specifications and performance requirements for all mining operations are met during construction, operation, reclamation, and closure. The QAP must include, but is not limited to, the following:

(1) A description of the Construction Quality Assurance (CQA) measures to be implemented;

(2) A description of the relationship between the QAP, construction quality control, and the construction contract bid documents. The construction contract bid documents must also clearly define this relationship;

(3) A description of the extent and scope of the responsibility and authority of organizations and/or personnel involved in permitting, designing, constructing, and certifying construction, operation, reclamation and closure of the mining operation. This must also include a description of a construction problem resolution process that incorporates the roles and responsibilities of all parties, including the Applicant /Permittee, CQA personnel, contractors, and the Department;

(4) The required qualifications of the CQA personnel and testing laboratories. Personnel qualifications must include recognized industry certifications where available and applicable. Testing laboratories must be certified by the appropriate state and national accreditation programs for the tests to be performed;

(5) The inspections and tests to be performed to ensure that the mining operation conforms to the requirements of the mining permit, this Chapter and the Act;

(6) The sampling activities, sample size, methods for determining sample locations, frequency of sampling, acceptance and rejection criteria, and methods for ensuring that corrective measures are implemented;

(7) Record keeping and reporting requirements for CQA and inspection activities;

(8) A list and description of all items requiring CQA certifications, including identification of the engineer(s) responsible for these certifications; and

(9) A description of the process for evaluating CQA and inspector performance, and for terminating CQA personnel and inspectors, including notification to the Department.

G.Environmental Impact Assessment. An environmental impact assessment shall be included as part of the application. Preparation of an environmental impact assessment must include the public participation requirements described in section 10 of this Chapter. The environmental impact assessment report shall include:

(1) Project Description. The project description shall include:

(a) A map showing the metallic mineral mining areas and affected areas, including a rationale and basis supporting the proposed mining area boundaries and affected area boundaries and locations of protected natural resources as defined at 38 M.R.S. §480-B(8) within, adjacent to, or potentially impacted by the mining areas or affected area. Each mining activity must have a defined mining area;

(b) A statement of purpose and need for the proposed mine and mining activity components; and

(c) A summary of the mine plan.

(2) Resource and Setting. A description of and documentation of the metallic mineral mining areas, affected areas, natural and artificial features, and where applicable, anticipated seasonal and longer term variations of those features using data and information from the baseline characterization, the reactive mine waste and designated chemical materials characterization, as well as other site-specific information, credible regional studies, and studies of other sites having documented similar conditions. This assessment must include the quality, flora, fauna, hydrology, geology, geochemistry, and baseline conditions for these features, including, but not limited to:

(a) Topography and land use;

(b) Climate;

(c) Visual resources;

(d) Geology, including, but not limited to, the areal extent, thickness, lithology, permeability, and geochemistry of soils, overburden, and the bedrock and ore body;

(e) Water resources including, but not limited to, the hydrologic attributes of surface water and groundwater resources and the physical and spatial attributes of aquifers, groundwater basins, watersheds, and natural and artificial surface water resources;

(f) Locations of designated or recorded administrative features including:

(i) Hydrologic features such as wild, scenic or recreational rivers, wellhead protection areas, floodplains, and wetlands;

(ii) Towns, villages, counties, and other civic jurisdictions;

(iii) Recreational, historical, cultural, archeological, scientific, and natural areas or similar features such as parks, refuges, wilderness areas, and state and national monuments; and

(iv) Public rights of way, zoning, and associated land use plans for the metallic mineral mining areas;

(g) Biologic resources including, but not limited to, the presence of, or recorded locations of rare, endangered, and threatened species, the presence or absence of species of special concern, significant wildlife habitats, deer wintering areas, aquatic and terrestrial flora and fauna species and abundance, and ecological systems; and

(h) Manmade structures, including descriptions, locations, and uses of:

(i) Water supply sources for drinking, cooling, irrigation, geothermal, industrial, and other purposes;

(ii) Dwellings, places of business or worship, schools, hospitals, government buildings, and other buildings used for human occupancy;

(iii) Private, public, and institutional infrastructure such as utilities, transportation corridors, dams, bridges, and tunnels;

(iv) Past metallic mineral mining facilities including storage piles, tailings basins, pits, underground workings, and beneficiating plants; and

(v) Waste disposal facilities or sites of environmental contamination.

(3) Impact Analysis. The environmental impact assessment must identify potential impacts to the resources and setting identified in subsection 9(G)(2), above.

(4) Use of Federal Permit Submissions. An Environmental Impact Statement or equivalent document prepared as part of Federal permitting requirements for an application under this activity may be accepted in lieu of the State's required environmental impact assessment, at the discretion of the Department. The Department may require these documents to be supplemented to meet the requirements of the Chapter.

(5) Environmental impact assessment results, analyses, and findings and supporting information and data shall be submitted in a report to the Department as part of the application for a mining permit.

H.Alternatives Analysis. An alternatives analysis shall be included as part of the application and must include the following information and analysis. This analysis will be incorporated into the Department's determination of whether the proposed project would unreasonably adversely affect existing uses, scenic character, air quality, water quality, and other natural resources.

(1) The alternatives analysis must demonstrate the consideration of siting alternatives as well as alternative technologies, modified scale or magnitude, and alternatives incorporating practicable mitigation measures for portions of a metallic mineral mining operation ancillary to the removal of material in connection with the commercial production of metallic minerals, and for which there is some flexibility in site selection, such as storage piles, water reservoirs, beneficiation operation processing plants, chemical and fuel storage and handling areas, wastewater treatment plants and disposal alternatives, offices, roadways, and auxiliary facilities.

(2) The alternatives analysis for removal of material must demonstrate minimization including location, removal techniques, and reasonable mitigation measures.

(3) Alternatives that were considered but eliminated based on information developed through the environmental impact assessment must be discussed and the reason for their elimination must be stated.

(4) Data and analysis shall be commensurate with the importance of the impact and the relevance of the information to a reasoned choice among alternatives and to the consideration of the need for mitigation measures.

(5) Impact Analysis. There shall be an analysis of potentially significant adverse or beneficial environmental effects generated, directly, indirectly, or cumulatively for the proposed mine and each major alternative.

(6) Mitigation. Measures that could reasonably eliminate or minimize any adverse environmental effects, of the proposed project shall be identified, including, but not limited to:

(a) Minimizing an impact by not taking a certain action or parts of an action;

(b) Rectifying an impact by repairing, rehabilitating, or restoring the affected environment;

(c) Reducing or eliminating an impact over time through preservation and maintenance operations during the life of the project; and

(d) Compensating for an impact by replacing the affected significant wildlife habitat.

I.Mine Plan. A mine plan shall be included as part of the application. The mine plan shall describe the metallic mineral mining operation plan and include the siting, design, development, operation (including beneficiation operations), reclamation, closure, post-closure, and corrective action methods to be used during construction, operation, reclamation, remediation, closure and postclosure to avoid, minimize and mitigate actual and potential adverse impacts to natural resources, the environment, and public health and safety. The mine plan must include an environmental protection, reclamation, and closure plan. The mine plan must address the unique issues associated with mining and must include, at a minimum, the following:

(1) A description of each aspect of the mine siting, design, development, operation, reclamation, closure, post closure, and corrective actions, and the potential adverse impacts to natural resources, the environment, and public health and safety that are avoided, minimized, and/or mitigated;

(2) Detailed designs, plans, specifications, techniques, methods, materials, standard operating procedures, construction methods, and schedules for each aspect of the mine plan;

(3) The basis for the applicant's contention that the proposed plan for each of these aspects prevents adverse impacts to natural resources, the environment, and public health and safety;

(4) A description of the reclamation plan, including, at a minimum:

(a) A reclamation plan as required in section 23 of this Chapter;

(b) A plan for contemporaneous reclamation activities along with an explanation if contemporaneous reclamation will not be practicable in certain aspects of the project;

(c) Closure and post-closure maintenance, identifying reclamation activities that would be taken by the Applicant if operations cease or are suspended. The plan shall address all of the components stipulated in section 24 of this Chapter and be updated annually; and

(d) A schedule for expected reclamation activities;

(5) A detailed written cost estimate and cost rationale for each category of the mine plan, including, at a minimum:

(i) The cost of designing and constructing the mine and operational costs for the first 5 years of operation;

(ii) The cost to investigate all possible releases of contaminants at the site, monitor all aspects of the mining operation, close the mining operation in accordance with the closure plan, conduct treatment activities of all expected fluids and wastes generated by the mining operation for a minimum of 100 years, implement remedial activities for all possible releases and maintenance of structures and waste units as if these units have released contaminants to the groundwater and surface water, conduct corrective actions for potential environmental impacts to groundwater and surface water resources as identified in the environmental impact assessment and conduct all other necessary activities at the mine site in accordance with the environmental protection, reclamation and closure plan; and

(iii) The cost to respond to a worst-case catastrophic mining event or failure, including, but not limited to, the cost of restoring, repairing and remediating any damage to public facilities or services, to private property or to the environment resulting from the event or failure.

All cost estimates shall be in current dollars, shall include at least a 20% contingency, and shall assume the hiring by the Department of a third party to complete all tasks. Cost estimates shall include Department oversight costs equal to 30% of the cost of hiring a third party to complete all tasks. No salvage value of products, waste, mine structures, equipment, land, or other assets associated with the mining operations shall be included in the cost estimate.

J.Monitoring Plan. A monitoring plan must be included as part of the application. The contents of the monitoring plan must meet the requirements described in section 22 of this Chapter.

K.Contingency Plan. A contingency plan must be included as part of the application. The contingency plan shall include all of the following:

(1) An assessment of the risk to public health and safety associated with potential accidents or failures involving the following:

(a) Release or threat of release of reactive mine waste or toxic materials;

(b) Storage, transportation, and handling of explosives;

(c) Fuel storage and distribution;

(d) Fires;

(e) Wastewater collection and treatment system failure or upset;

(f) Settling pond, dry stack tailings management structure, or embankment failure;

(g) Air emissions;

(h) Spills of hazardous substances;

(i) Other specific natural risks defined by the environmental impact assessment;

(j) Power disruption;

(k) Unplanned subsidence; and

(l) Leaks from containment systems for stockpiles, storage, or disposal facilities.

(2) A description of the detection and warning systems to be used in alerting the Applicant or the Department of the accidents or failures above.

(3) A complete Spill Prevention, Control and Countermeasures Plan if required by 40 CFR Part 112 or other federal or state statutes and regulations.

(4) Response measures that will be followed for each potential accident or failure.

(5) The procedure for notifying the general public, public authorities, and safety agencies in the event of an emergency including:

(a) A list, by title, of employees of the Permittee to be contacted and their duties and responsibilities;

(b) The actions to be taken to restrict access of nonessential personnel to the area;

(c) If evacuation of the public is necessary, the procedure for conducting the evacuation;

(d) A list of emergency equipment and its location;

(e) A list of emergency telephone numbers for the following people or entities:

(i) Representatives of the Permittee;

(ii) The local municipality emergency management coordinator;

(iii) Local ambulance services;

(iv) Local hospitals;

(v) Local fire and police departments;

(vi) Department of Environmental Protection;

NOTE: Other reporting requirements may exist under federal laws and the laws administered by the Department of Environmental Protection and the Land Use Planning Commission. For oil spills, call 1-800-482-0777 which is available 24 hours a day. For spills of toxic or hazardous material, call 1-800-452-4664 which is available 24 hours a day. For more information, visit the Department's website at: http://www.maine.gov/dep/spills/emergspillresp/

(vii) Pollution emergency alerting system;

(viii) Federal regulatory agencies, as appropriate;

(ix) Department of Agriculture, Conservation and Forestry; and

(x) Local unit of government.

(6) A plan for testing the contingency plan to assure its effectiveness.

(7) The contingency plan, including contact information, shall be updated and re-submitted to the Department on an annual basis.

(8) The Applicant shall submit a copy of the contingency plan to each emergency management coordinator having jurisdiction over the metallic mineral mining affected area at the time the application is submitted to the Department.

L.Financial Assurance. A description of the type or types and amounts of financial assurance to be provided that will satisfy the requirements of subchapter 4 of this Chapter and 38 M.R.S. §490-RR must be included in the application. This submittal must be adequate to demonstrate the financial ability of the Applicant in accordance with subchapter 4 of this Chapter.

06-096 C.M.R. ch. 200, § 3-9