| (3) Public notification of the application and any | hearings; and |
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| (4) Satisfactory hearing procedures; |
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| G. Procedures for appeal by aggrieved parties of local | decisions are defined; and |
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| H. A registration form, provided by the commissioner, has | been completed and submitted by the municipality, | demonstrating compliance with the criteria under this | subsection. |
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| | Sec. 16. 38 MRSA §840, sub-§1, as amended by PL 1995, c. 630, §2, is | further amended to read: |
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| | 1. Power. The commissioner may on the commissioner's own | motion and shall, at the request of the owner, lessee or person | in control of a dam, the Commissioner of Inland Fisheries and | Wildlife or the Commissioner of Marine Resources, or upon receipt | of petitions from the lesser of at least 25% or 50 of the | littoral or riparian proprietors or from a water utility having | the right to withdraw water from the body of water for which the | water level regime is sought, conduct an adjudicatory hearing for | the purpose of establishing a water level regime and, if | applicable, minimum flow requirements for the body of water | impounded by any dam that is not: |
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| A. Operating with a license or exemption issued by the | Federal Energy Regulatory Commission or determined by the | Federal Energy Regulatory Commission to be subject to the | jurisdiction of that commission; |
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| D. Operating with a permit setting water levels issued | under the protection of natural resources laws, sections | 480-A to 480-S; the site location of development laws, | sections 481 to 490; the small hydroelectric generating | facilities laws, sections 631 to 636; the land use | regulation laws, Title 12, sections 681 to 689; or any other | statute regulating the construction or operation of dams; |
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| E. A dam regulated by one or more municipalities by | ordinance or interlocal agreement pursuant to Title 30-A, | chapter 187, subchapter VI; or |
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| F. Regulated by the International Joint Commission. |
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| Notwithstanding the provisions of this subsection, after an order | establishing a water level regime or minimum flow requirement has | been issued pursuant to this section or former Title 12, section |
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