38 §630. Short title

§630. Short title This subarticle may be cited and referred to in proceedings and agreements as the “Maine Waterway Development and Conservation Act.”   [PL 1983, c. 458, §18 (NEW).] SECTION HISTORY PL 1983, c. 458, §18 (NEW).

38 §631. Purposes

§631. Purposes 1.  Findings.  The Legislature finds and declares that the surface waters of the State constitute a valuable indigenous and renewable energy resource; and that hydropower development utilizing these waters is unique in its benefits and impacts to the natural environment, and makes a significant contribution to the general welfare of the citizens of […]

38 §632. Definitions

§632. Definitions As used in this subarticle, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1983, c. 458, §18 (NEW).] 1.  Board.  “Board” means the Board of Environmental Protection, except that, for any hydropower project within the jurisdiction of the Maine Land Use Planning Commission, “board” means the Maine […]

38 §633. Prohibition

§633. Prohibition 1.  Permit required.  A person may not initiate construction or reconstruction of a hydropower project, or structurally alter a hydropower project in ways that change water levels or flows, without first obtaining a permit from the department.   [PL 2007, c. 160, §2 (AMD).] 2.  Exceptions.  This subarticle does not apply to activities […]

38 §634-A. Administering agency

§634-A. Administering agency 1.  Department.  The department shall administer the permit process for a hydropower project that:   A. Is located wholly or partly within an organized municipality; or   [PL 2009, c. 270, Pt. D, §5 (NEW).] B. Uses tidal or wave action as a source of electrical or mechanical power, regardless of the […]

38 §634. Permit requirements

§634. Permit requirements 1.  Coordinated permit review.  Permits required under the following laws are not required by any state agency for projects reviewed or exempted from review under this subarticle: natural resource protection laws, chapter 3, subchapter I, article 5‑A; site location of development laws, chapter 3, subchapter I, article 6; and land use regulation […]

38 §635-A. Time limits for processing applications

§635-A. Time limits for processing applications Whenever the commissioner receives a properly completed application, the department shall make a decision as expeditiously as possible.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §185 (AMD).] When the proposed project lies within the jurisdiction of the Maine Land Use Planning […]

38 §635-B. Procedures for water quality certification

§635-B. Procedures for water quality certification Issuance of a water quality certificate required under the Federal Water Pollution Control Act, Section 401, is coordinated for the applicant under this subarticle by the Commissioner of Environmental Protection. The issuance of a water quality certificate is mandatory in every case where the department approves an application for […]

38 §635. Department decision

§635. Department decision Upon receipt of a properly completed application, the department shall:   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §184 (AMD).] 1.  Approval.  Approve the proposed project upon such terms and conditions as are appropriate and reasonable to protect and preserve the environment and the public’s […]

38 §636-A. General permit for tidal energy demonstration project

§636-A. General permit for tidal energy demonstration project 1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.   A. “Tidal energy demonstration project” or “project” means a hydropower project that uses tidal action as a source of electrical power and that:   (1) Has a […]

38 §636. Approval criteria

§636. Approval criteria The department shall approve a project when it finds that the applicant has demonstrated that the following criteria have been met.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §187 (AMD).] 1.  Financial capability.  The applicant has the financial capability and technical ability to undertake […]

38 §637. Review of rules

§637. Review of rules Rules adopted by the board pursuant to this subarticle shall be immediately submitted to the joint standing committee of the Legislature having jurisdiction over natural resources for review and may not become effective until 91 days after the adjournment of the next regular session of the Legislature which adjourns after their […]

38 §638. Notice of relicensing deadline

§638. Notice of relicensing deadline By January 15, 2015, and annually thereafter, the department shall submit to the joint standing committee of the Legislature having jurisdiction over natural resources matters a report describing all pending applications for water quality certification under Section 401 of the federal Clean Water Act for dams located in the State […]