§ 38 §486-A — Hearings; orders; construction suspended

Maine § 38 §486-A

• Jurisdiction: Maine
• Title 38: WATERS AND NAVIGATION
• Ch. 3: PROTECTION AND IMPROVEMENT OF WATERS

Text

1.
Hearings.
If the department determines to hold a hearing on a notification submitted pursuant to section 485‑A, the department shall solicit and receive testimony to determine whether that development will in fact substantially affect the environment or pose a threat to the public's health, safety or general welfare. The department shall permit the applicant to provide evidence on the economic benefits of the proposal as well as the impact of the proposal on energy resources.
2.
Developer; burden of proof.
At the hearings held under this section, the burden is upon the person proposing the development to demonstrate affirmatively to the department that each of the criteria for approval listed in this article has been met, and that the public's health, safety and general welfare will be adequately protected.
2-A.
Developer; route analysis; public participation.
The department shall require an applicant who has submitted an application pursuant to section 485‑A related to the development and construction of a transmission line or lines requiring approval under this article to demonstrate to the department that the applicant conducted one or more public meetings regarding the transmission line or lines prior to the submission of its application. The public meetings must include the presentation of information regarding the proposed transmission line or lines, including but not limited to proposed route information, and provide an opportunity for public participation and comment. Information presented and public comments received at the public meetings must be made publicly available and be part of the record of any department or board proceeding.
3.
Findings of fact; order.
After the department adjourns any hearing held under this section, the department shall make findings of fact and issue an order granting or denying permission to the person proposing the development to construct or operate the development, as proposed, or granting that permission upon such terms and conditions as the department considers advisable to protect and preserve the environment and the public's health, safety and general welfare.
4.
No construction pending order.
Any person who has notified the commissioner, pursuant to section 485‑A, of intent to construct or operate a development shall immediately defer or suspend construction or operation of that development until the department has issued an order.
5.
Continuing compliance; air and water pollution.
Any person securing approval of the department, pursuant to this article, shall maintain the financial capacity and technical ability to meet the state air and water pollution control standards until that person has complied with those standards.
6.
Transcripts.
A complete verbatim transcript shall be made of all hearings held pursuant to this section.
7.
Minor revisions.
An application for an order addressing a minor revision must be processed within a period specified by the department if the applicant meets requirements adopted by the department.

Legislative History

PL 1987, c. 812, §§12,18 (NEW). PL 1989, c. 890, §§A40,B93,94 (AMD). PL 1993, c. 383, §24 (AMD). PL 1993, c. 383, §42 (AFF). PL 1995, c. 642, §6 (AMD). PL 2023, c. 644, §11 (AMD). PL 2023, c. 660, §13 (AMD). PL 2025, c. 390, Pt. A, §59 (AMD).