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development or timing of construction may not be known at the time | | the permit is issued. The location and parameters of the | | development must meet the standards of this article. This | | alternative is not available for metallic mineral mining or | | advanced exploration activities. Rules adopted pursuant to this | | subsection are major substantive rules as defined in Title 5, | chapter 375, subchapter II-A |
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| | | If the department determines that full compliance with new or | | amended rules enacted after a planning permit was issued will | | significantly alter the plan for the development, the department | | may require the permittee to comply with the rules in effect at | | the time of issuance of the planning permit and, to the extent | | practicable, to comply with additional requirements or standards | | in the new or amended rules for any remaining portion of the | | development for which final submissions have not been provided.__ | | The department may not require significant alteration of | | constructed or permitted infrastructure authorized by the | | planning permit, or subsequent approvals designed to serve future | | development phases in existence at the time of the new or amended | | rules in assessing practicability. |
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| | | For purposes of this subsection, "practicable" means available | | and feasible considering cost, existing technology and logistics | | based on the overall purpose of the project as authorized in the | | planning permit. |
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| | | Sec. 6. 38 MRSA §490-E, 2nd ¶, as enacted by PL 1995, c. 700, §25, is | | amended to read: |
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| | | The department shall adopt rules that set forth the standards | | for granting a variance from the performance standards in this | | article. These rules are major substantive rules as defined in | Title 5, chapter 375, subchapter II-AThose rules must be | provisionally adopted and submitted to the Legislature for review | not later than January 1, 1997. Notwithstanding Title 5, section | 8072, subsection 3, the Executive Director of the Legislative | Council shall immediately assign those provisionally adopted | rules to the joint standing committee of the Legislature having | jurisdiction over natural resources matters. |
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| | | Sec. 7. 38 MRSA §490-CC, first ¶, as enacted by PL 1995, c. 700, §35, | | is amended to read: |
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| | | An owner or operator must comply with the performance | | standards in section 490-Z unless a variance from those | | performance standards is approved by the department. Except when | | prohibited by section 490-Z, the department may grant a variance | | from the performance standards in this article if the owner or |
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