Section 096-700-5 - Variance procedure(A) Processing of applications for a variance under sections 3 and 4 for commercial hazardous waste facilities shall be done in conjunction with the processing of the license application required under Chapter 856. The information required in B(1) below shall be filed with the hazardous waste facility license application required by Chapter 856.(B) Processing of applications for a variance under sections 3 and 4 for those facilities identified in sections 2M(1) through (4) including, but not limited to, application requirements, public notice, and appeal procedures, are governed by the department Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR Chapter 2 (last amended April 1, 2003) except as specified below. (1) Application requirements. Requests for variance from the siting restrictions of this rule must be submitted in writing on forms provided by the commissioner. In addition to the information required under Chapter 2(11), the application must include at a minimum the following information: (a) The registration materials required under Rules for Underground Hazardous Substances Facilities, 06-096 CMR Chapter 695(5), if applicable;(b) The names and mailing addresses of all abutters to the property on which the facility that poses a significant threat to drinking water is proposed;(c) A plan view of the proposed facility that shows the precise location and footprint of all areas where hazardous substances will be contained, handled or stored in either a liquid or vapor phase;(d) GIS map coordinates of each corner of any building(s) or other areas of the facility where hazardous substances will be contained, handled or stored. Locations of any proposed groundwater monitoring wells will also be shown. GIS coordinates are to be to sub-meter precision and accuracy in a format compatible with the State of Maine Geographical Information System; NOTE: The Maine Geographic Information System (GIS) uses as a standard the UTM (Universal Traverse Mercator) system. The datum system used is the NAD83 (North American Datum 1983) version.
(e) If a variance is sought under section 4(B) or 4(C) of this chapter, a written report supporting the variance request. If the report includes ground water quality or other hydrogeological data that was collected and interpreted in support of the variance request, the data and its written analysis must be certified by a Maine-certified geologist. If the variance request is based on a municipal land use ordinance, the report must include a copy of the relevant sections of the ordinance and a copy of the relevant land use mapping, certified by an authorized official of that municipality as being current and true copies. The location of a proposed facility must be accurately shown on the land use map.(f) If a variance is sought under section 4(D) of this chapter, identification and a description of the design, installation, monitoring or other engineering and operating enhancements that will supplement the applicable requirements of Rules for Underground Hazardous Substance Storage Facilities, 06-096 C MR Chapter 695 and Rules for Underground Oil Storage Facilities, 06-096 C MR Chapter 691, and the Hazardous Waste Management Rules 06-096 CMR Chapters 850, 851, 854, 855, and 856 and the Waste Oil Management Rules 06-096 CMR Chapters 860, and a narrative explaining how the enhancements further minimize the risk of discharges and the likelihood of future ground water contamination. NOTE: A pre-application meeting with the department is recommended to ensure the applicant understands the variance requirements as they may apply to the specific proposed facility site. Such meetings usually avoid misunderstandings of expectations and processing delays.
(2)Public notice. Within 30 days before filing an application, the applicant shall provide notice by certified mail of the application: (a) To the chief administrative officer and planning board chairperson of the municipality in which the facility is proposed to be located, or to the county commissioners and the LURC director if the facility is proposed in an unorganized township or plantation;(b) To the local public water utility or other community public water provider, if any;(c) To abutters of the property on which the facility is proposed;(d) To other interested persons who have requested in writing of the commissioner to receive variance notices, a list of such persons and their mailing addresses to be maintained by the commissioner; and(e) By publication once in a newspaper generally circulated in the area where the facility is proposed. The notice must include the information listed in Chapter 2(14)(A).
(3)Public meeting. In lieu of or in addition to holding a hearing on a variance application as provided under Chapter 2(7), the commissioner may hold a public informational meeting where deemed appropriate for the applicant to provide information about the variance request to interested parties. If the commissioner decides to hold a public meeting, notice must be sent at least 10 business days prior to the meeting to the applicant, abutters, the local public water utility or community water provider, the planning board chairperson and chief administrative officer of the municipality in which the facility is proposed (or the LURC director and appropriate county commissioners if the facility is proposed in an unorganized township or plantation) and other interested persons who have requested in writing of the commissioner to receive variance notices.(4) Decision; appeal. The commissioner may deny a variance request or approve the request with or without conditions. The decision must be in writing with findings sufficient to explain the basis of the decision. A copy of the decision must be provided to the applicant, abutters, the local public water utility or community water provider, and the planning board chairperson and chief administrative officer of the municipality in which the facility is proposed (or the LURC director and county commissioners if the facility is located in an unorganized township or plantation). Copies also must be provided to other interested persons upon request. Each copy must be accompanied by a plain statement of the rights of administrative and judicial review of the decision and the time within which those rights must be exercised, as provided under 38 M.R.S.A. §341-D(4)(A) and Chapter 2(24).06- 096 C.M.R. ch. 700, § 5