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operator affirmatively demonstrates to the department that the | | variance does not adversely affect natural resources or existing | | uses and does not adversely affect the health, safety and general | | welfare of the public. The department may adopt rules that set | | forth the standards for granting a variance from the performance | | standards in this article.__Such rules are major substantive rules | | as defined in Title 5, chapter 375, subchapter 2-A. A variance | | application must include any fee applicable under section 490-EE. | | The department shall process the variance application according to | | chapter 2 and the rules adopted by the department for processing an | | application. An applicant for a variance under this article shall | | hold a public informational meeting as described in those rules. |
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| | | Sec. 8. General permit for industrial facilities and report. By January 1, 2009, | | the Department of Environmental Protection shall report to the | | joint standing committee of the Legislature having jurisdiction | | over natural resources matters on what, if any, standard | | industrial codes or activities not covered by a standard | | industrial code should be added to the industrial storm water | | program. The report must include the projected revenue from fees | | and the projected operating costs of extending the storm water | | program to address these activities through the multisector | | general permit in 2010. |
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| | | Sec. 9. Rules regarding storage of petroleum products and externally drained pits. | | Notwithstanding the Maine Revised Statutes, Title 38, sections | | 490-E and 490-CC, amendments to rules regarding performance and | | design standards for the storage of petroleum products and | | variance requirements for externally drained pits are routine | | technical rules as defined in Title 5, chapter 375, subchapter 2- | | A until March 1, 2007. |
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| | | Sec. 10. Authority to report out legislation. The joint standing committee | | of the Legislature having jurisdiction over natural resources | | matters may report out legislation relating to the report | | required pursuant to section 7 of this Act to the First Regular | | Session of the 124th Legislature. |
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| | | Sec. 11. Application. The provisions of this Act that amend the | | Maine Revised Statutes, Title 38, section 420-D, subsection 5 and | | subsection 7, paragraph C do not apply to rules regarding storm | | water management and amendments to rules regarding storm water | | management that are adopted prior to the effective date of this | | Act. |
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