September 24, 2014

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at:http://www.maine.gov/sos/cec/rules/index.html. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Governing the Conduct of Licensing Hearings
PROPOSED RULE NUMBER: 2014-P209
BRIEF SUMMARY: The proposed amendment to Ch. 3 removes the requirement for issuance of press releases and public service radio and television announcements of Department licensing hearings. The proposed amendment aligns the Department’s licensing hearing rule with the requirements of the Maine Administrative Procedure Act as amended by P.L. 2013 c. 300.
DETAILED SUMMARY: The Department is proposing to delete the press release and public service radio and television announcement requirements for licensing hearings from the Ch. 3 rule, sections 12(B)(2)(b) and (c). The proposed amendment aligns the Department’s licensing hearing rule with the requirements of the Maine Administrative Procedure Act as amended by P.L. 2013 c. 300.
PUBLIC HEARING: The department has determined that a public hearing on the proposed rule is not needed. If you believe a hearing should be held, submit a written request by the comment deadline below.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., October 27, 2014. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Cynthia S. Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2452. Fax: (207) 287-7641. Department website for rule-making info: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None; the proposed amendment does not impose any regulatory requirements on municipalities or counties.
STATUTORY AUTHORITY FOR THE RULE: 5 M.R.S. §8051, “Adoption of rules of practice”: 38 M.R.S. §341-H, “Departmental rulemaking”; and P.L. 2013 c. 300.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 500, Stormwater Management
PROPOSED RULE NUMBER: 2014-P210
BRIEF SUMMARY: The Department is proposing amendments to its Ch. 500 stormwater management rules that will provide greater flexibility while encouraging the use of innovative stormwater designs that will accommodate measures for addressing climate change, resiliency, and adaptation in our infrastructure. Elements of the proposal include: 1) treatment levels in the general standards have been revised to provide additional stormwater treatment options where the standard treatment requirements are impractical or cannot be met; 2) a new voluntary Low Impact Development (LID) credit will be established that reduces the volume of stormwater that must be treated if an applicant uses LID techniques; 3) new treatment levels have been created for redevelopment projects, through the use of scaled treatment requirements based on stormwater impact changes; and 4) the appendices, which provide basic performance standards for a variety of stormwater management and associated activities, have been updated to reflect current stormwater best management practices. The Department is also proposing a number of minor revisions to the rule that will provide greater clarity and consistency with other Department rules.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: October 16, 2014 - 9:00 a.m., Augusta Civic Center, Augusta, Maine
COMMENT DEADLINE: October 27, 2014 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §420-D
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .

ADOPTIONS

AGENCY: 94-348 - Maine Human Rights Commission
CHAPTER NUMBERS AND TITLES:
Ch. 2, Procedural Rule
Ch. 3, Employment Regulations of the Maine Human Rights Commission
ADOPTED RULE NUMBER: 2014-226, 227
CONCISE SUMMARY: The adopted change in Ch. 2, Procedural Rule, allows parties to complaints to pay for mediations conducted through the Commission's Third-Party Neutral Mediation Program. The adopted amendment to Ch. 3, Employment Regulations, completely repealed and replaced the Rule. The changes update the rule to include the employment provisions of the Maine Human Rights Act and provisions in the Equal Employment Opportunity Commission regulations interpreting Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The intent of the new Rule is to have all of the Maine Human Rights Act employment requirements contained in a single document, and to create consistency between state and federal requirements where the underlying statutory provisions are substantively the same.
EFFECTIVE DATE: September 24, 2014
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Barbara Archer Hirsch, Commission Counsel, Maine Human Rights Commission, 51 State House Station, Augusta, ME 04333. Telephone: (207) 624-6290. E-mail: Barbara.ArcherHirsch@mhrc.maine.gov .
WEBSITE: http://www.maine.gov/mhrc/ .