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January 12, 2000
Rule-Making Notice

as it appears in 5 daily Maine newspapers


NOTICE OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering

RULE TITLE OR SUBJECT: Ch. 241, Maine Subsurface Wastewater Disposal Rules
PROPOSED RULE NUMBER: 99-P285
CONCISE SUMMARY The Department of Human Services has made revisions to clarify language and refine procedures in the current rules related to design and construction of onsite wastewater disposal systems.

RULE TITLE OR SUBJECT: Ch. 242, Rules for Conversion of Seasonal Dwelling Units into Year-Round Residences in the Shoreland Zone
PROPOSED RULE NUMBER: 99-P286
CONCISE SUMMARY: These rules describe the requirements for conversion of seasonal dwelling units into year-round residences if the system serving the structure is within the shoreland zone areas of major waterbodies/courses.

RULE TITLE OR SUBJECT: Ch. 243, Minimum Lot Size Rules
PROPOSED RULE NUMBER: 99-P287
CONCISE SUMMARY: These rules describe the requirements for minimum lot sizes and for waivers pursuant to the Minimum Lot Size Law, 12 MRSA 4807-D).

RULE TITLE OR SUBJECT: Ch. 245, Rules for Site Evaluators of Subsurface Wastewater Disposal Systems
PROPOSED RULE NUMBER: 99-P288
CONCISE SUMMARY These rules set the minimum standards for licensing of individuals to design subsurface wastewater disposal systems (septic tanks and absorption fields) for safe onsite disposal of domestic sewage and non-industrial wastewater.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42
PUBLIC HEARING: February 1, 2000, Augusta Civic Center, Lincoln/Oxford Room, 1 p.m. - 4 p.m.
DEADLINE FOR COMMENTS: February 11, 2000
AGENCY CONTACT PERSON:
NAME: James Jacobsen, Program Manager
ADDRESS: Division of Health Engineering, 10 State House Station, Augusta, ME 04333
PHONE: (207) 287-5695
TTY: (207) 287-2070
FAX: (207) 287-3165


AGENCY: 05-071 - Department of Education (Child Development Services)
RULE TITLE OR SUBJECT: Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six
PROPOSED RULE NUMBER: 2000-P1
CONCISE SUMMARY The rule governs the administration of the Childfind system for children age birth to under age six (B-5), the provision of early intervention services to eligible children age birth to under age three (B-2) with disabilities and their families, and the provision of special education and related services to eligible children age three to under age six (3-5) with disabilities and their families, implementing 20-A MRSA c. 307-A. The rule is being amended to reflect changes in the State law, and the federal Individuals with Disabilities Education Act (IDEA - 1997 amendments), which govern this program.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 20-A MRSA 7727 (3) and (5)(C).
PUBLIC HEARING: Friday, February 4, 2000, 10:00 a.m. - 12:00 noon, Mediation/Facilitation Resources, 11 King Street, Augusta, Maine (622--1429)
DEADLINE FOR COMMENTS: February 14, 2000, 5:00 p.m.
AGENCY CONTACT PERSON: Joanne C. Holmes
AGENCY NAME: Child Development Services State Office
ADDRE SS: 146 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-3272


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 323, Maine General Assistance Manual
PROPOSED RULE NUMBER: 2000-P2
CONCISE SUMMARY: This rule clarifies existing policy and makes a change in how municipalities may treat emergency applications. Municipalities have the option to provide emergency assistance under the General Assistance Program when the emergency is imminent and failure to respond may result in undue hardship and unnecessary cost.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 4308
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: February 11, 2000
AGENCY CONTACT PERSON: Cynthia Boyd, General Assistance Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-3654
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE OR SUBJECT: Universal Waste Rule - affects Ch. 400, 402, 850, 851, 853, 857
PROPOSED RULE NUMBER: 2000-P3
CONCISE SUMMARY: This rule covers certain hazardous wastes that are commonly generated by many types of businesses and organizations that might not normally generate a hazardous waste. The rule tailors the requirements specifically to the type of waste, requires recycling of the wastes (Polychlorinated Biphenyl lighting ballasts excepted) and is designed to remove these wastes from mismanagement scenarios typically used for these wastes. The waste types included in the rule are batteries, cathode ray tubes, lamps, mercury containing thermostats, and totally enclosed non-leaking polychlorinated biphenyl ballast. The Department is also requesting comment on the appropriate handling and/or removal standards for mercury containing thermometers and mercury devices for a future rulemaking. It is the Department intent to limit this rulemaking to those sections that pertain to universal waste. We plan to undertake rulemaking on a much larger portion of the hazardous waste management rules at a later date.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES. Municipalities are currently required to manage these wastes as hazardous wastes. These rules are expected to make it cheaper for the municipality to manage these wastes.
STATUTORY AUTHORITY: 38 MRSA 1301 et seq.
PUBLIC HEARING: February 3, 2000 at 2:00 p.m. at the Holiday Inn in Augusta, Maine
DEADLINE FOR COMMENTS: Comments must be submitted in writing by 5:00 p.m. on February 23, 2000 to the agency contact person listed below. Comments may be submitted by mail to the address below, by fax at (207) 287-7826 or by email at stacy.a.ladner@maine.gov. To ensure consideration, comments must include you name and the organization you represent, if any.
AGENCY CONTACT PERSON: Stacy Ladner
AGENCY NAME: Department of Environmental Protection, Maine
ADDRESS: State House Station #17, Augusta, Maine 04333-0017


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 25, Leashed Tracking Dog License Rules
PROPOSED RULE NUMBER: 2000-P4
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt rules applicable to the use of leashed dogs to track wounded deer under the provisions of a license established by the Legislature in Title 12, Section 7101. A copy of the proposal may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035, 7101.
PUBLIC HEARING: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: February 11, 2000.
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333 -0041
TELEPHONE: 287-5201
E-MAIL: andrea.erskine@maine.gov


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
TYPE OF RULE: Amendment of Existing Rule
CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06 (Wild Turkey)
ADOPTED RULE NUMBER: 99-540
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules increasing the number of permits to 4,000.
EFFECTIVE DATE: December 28, 1999
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201


AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #01-00
ADOPTED RULE NUMBER: 2000-01
CONCISE SUMMARY: Minimum January, 2000 producer Class I set at $14.15. January, 2000 Class II Skim goes to $8.42 and Class III minimums set at $9.85. These changes were passed on in minimum prices.
EFFECTIVE DATE: January 3, 2000
AGENCY CONTACT PENSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 99-346 - Maine State Housing Authority
CHAPTER NUMBER AND TITLE: Ch. 16, Allocation of State Ceiling for Low-Income Housing Tax Credit Rule
ADOPTED RULE NUMBER: 2000-02
CONCISE SUMMARY: This rule is being revised to reduce the set-aside for assisted living projects from $500,000 to $300,000; to update the section of the rule concerning high, medium, and low need areas; and to make clarifications and further updates to the rule.
EFFECTIVE DATE: January 9, 2000
AGENCY CONTACT PERSON: Linda L. Sears, Esq.
AGENCY NAME: Maine State Housing Authority
ADDRESS: 353 Water Street, Augusta, ME 04330-4633
TELEPHONE: (207) 626-4600 (voice)
TTY: (800) 452-4603


AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 424, Lead Management Regulations
ADOPTED RULE NUMBER: 2000-04
CONCISE SUMMARY: The Department is adopting minor revisions to Chapter 424, the Lead Management Regulations. This rule applies to lead inspection and lead abatement related work in residential and child care settings. The revisions clarify ,certain requirements of the rule.
EFFECTIVE DATE: January 10, 2000
AGENCY CONTACT PERSON: Carole Cifrino
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333
TELEPHONE: 287-7720


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