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Weekly Rulemaking Notices Contact Us Find It

May 11, 2005
as posted 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/.


PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection
RULE TITLES:
Ch. 530, Surface Water Toxics Control Program, and
Ch. 584, Surface Water Quality Criteria for Toxic Pollutants
PROPOSED RULE NUMBER: 2005-P107 and P108
CONCISE SUMMARY: These two new rules replace the existing Ch. 530.5. Ch. 530 establishes applicability and effluent testing requirements for the discharge of toxic pollutants by certain municipal, industrial and other sources. Test types, frequencies and waivers to testing are covered. Procedures for establishment and expression of effluent limits are described. Most of these elements are carried forward from the existing Ch. 530.5 with modifications based on past experience. The rule also creates new procedures for allocation pollutant loads among multiple discharge sources into the same fresh receiving water or its tributaries. In doing so, provisions are made for background concentrations of pollutants and reserve assimilative capacity for new and non-point discharges. Ch. 584 contains statewide ambient water quality criteria for various toxic pollutants, set based on EPA information and methodology. Adjustments are made for fish consumption rates and physical water characteristics in Maine. The rule also has procedures for establishment of alternate statewide and site-specific water quality criteria.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MOST MUNICIPALITIES, ALTHOUGH SOME ARE ANTICIPATED HAVE HIGHER TESTING COSTS.
STATUTORY AUTHORITY: 38 MRSA §420(2)
PUBLIC HEARING: June 2, 2005, 1:00 p.m. at the Holiday Inn / Ground Round in Augusta, Maine.
DEADLINE FOR COMMENTS: June 13, 2005 at 5:00 p.m. Comments may be submitted by mail, fax or e-mail to the contacts indicated below. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Dennis Merrill
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station, Augusta, Maine 04333-0017
TELEPHONE: (207) 287-7788
FAX: (207) 287-7826
E-MAIL: dennis.l.merrill@maine.gov


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(a)(i), Summer Flounder, Commercial Effort Restrictions
PROPOSED RULE NUMBER: 2005-P109
CONCISE SUMMARY: These proposed regulations would adopt, through the regular rule-making process, changes that become effective with the adoption of the emergency rules establishing a 1,000 pound vessel trip limit for summer flounder. Due to renewed interest to land summer flounder from a directed fishery, which could once again close this fishery, a 1,000 pound vessel trip limit is considered necessary to prevent over fishing of the summer flounder resource in order to avoid unusual damage or imminent depletion, and to allow for the continued rebuilding of the stock in accordance with the ASMFC and Mid-Atlantic Fishery Management Council summer flounder plans.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §6171
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: Friday, June 10, 2005
AGENCY CONTACT PERSON: Lewis N. Flagg (Tel: (207) 624-6500)
or Laurice U. Churchill (Tel: (207) 633-9584)
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 624-6567.


AGENCY: 10-149 - Department of Health and Human Services, Division of Licensing and Certification, Community Services Licensing
RULE TITLE OR SUBJECT: Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs
PROPOSED RULE NUMBER: 2005-P110
CONCISE SUMMARY: Modification of Ch. 113, Regulations Governing the Licensing and Functioning of Assisted Housing Programs. The Department of Health and Human Services is promulgating these proposed rule changes for Assisted Housing Programs. These rules cover:
Level I facilities that are 1 or 2 beds.
Level II facilities that are 3-6 beds.
Level III facilities that are 3-6 beds and employ more than 3 non-related employees.
Level IV facilities that are 7 or more beds.
Assisted Living Programs
These rules propose to make changes in the following areas:
Section 2, 2.11 - A change in the definition of Assisted Living Services pursuant to 22 MRSA §7852 subsection 5
Section 3, 3.25.2, 3.25.3 and 3.25.3.3 - Mandated use of a standard contract: (PL 546, An Act Regarding Standard Contracts for Assisted Living Services)
Amendment A (The Standard Contract)
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA Ch. 401 §1717
Ch. 405, §§ 1812-C, 1812-G
Ch. 413, §2053
Ch. 1453, §5107-A
Ch. 1663, §§ 7801, 7802, 7804
Ch. 1664, §§ 7851-7861
Ch. 1666, §7922
Ch. 1666-A, §7931 et seq.
32 MRSA Ch. 31, §2102
PUBLIC HEARING: A public hearing will be held on June 1, 2005, 1 p.m., Augusta Civic Center, Civic Center Drive, Augusta, Maine 04333 - Washington/York Room
DEADLINE FOR COMMENTS: June 13, 2005
AGENCY CONTACT PERSON: Peter Mauro, Jr., Assistant Director
AGENCY NAME: Division of Licensing and Certification, Community Services Programs, 11 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9250
TTY: (888) 720-1925
E-MAIL: peter.mauro@maine.gov


ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 26, Day Health Services
ADOPTED RULE NUMBER: 2005-131
CONCISE SUMMARY: The adopted rule clarifies and corrects an inadvertent error in the recent filing of this rule effective September 1, 2004. The adopted rule clarifies that only decisions by the Department or its authorized agent, should the Department designate one, are subject to member appeal.
See http://www.maine.gov/dhhs/bms/rules/gen_rules_policies.htm for rules and related rule making documents.
EFFECTIVE DATE: May 15, 2005
AGENCY CONTACT PERSON: Patricia Dushuttle
AGENCY NAME: Division of Policy and Provider Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(4)(a)(i), Summer Flounder, Commercial Effort Restrictions - EMERGENCY
ADOPTED RULE NUMBER: 2005-132
CONCISE SUMMARY: Due to renewed interest to land summer flounder from a directed fishery, which could once again close this fishery, a 1,000 pound vessel trip limit is considered necessary to prevent over fishing of the summer flounder resource in order to avoid unusual damage or imminent depletion, and to allow for the continued rebuilding of the stock in accordance with the ASMFC and Mid-Atlantic Fishery Management Council summer flounder plans.
EFFECTIVE DATE: May 5, 2005
AGENCY NAME: ADDRESS:
AGENCY CONTACT PERSON: Lewis N. Flagg (Tel: (207) 624-6500)
or Laurice U. Churchill (Tel: (207) 633-9584)
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
FAX: (207) 633-9579
TTY: (207) 287-4474 (Deaf/Hard of Hearing)


AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Commission on Governmental Ethics and Election Practices, Ch. 1: Procedures
ADOPTED RULE NUMBER: 2005-133
CONCISE SUMMARY: The rule amendments: permit a Commission member to participate in a meeting or public hearing by telephone when it was impossible or impractical for the member to travel to Augusta to attend in person; define the term “in-kind contribution”; clarify the reporting schedule for independent expenditures; and establish a reporting schedule for persons other than political action committees that receive or spend funds to influence a ballot question.
EFFECTIVE DATE: May 9, 2005
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-4179


AGENCY: 94-270 - Commission on Governmental Ethics and Election
CHAPTER NUMBER AND TITLE: Commission on Governmental Ethics and Election Practices, Ch. 1: Procedures
ADOPTED RULE NUMBER: 2005-134
CONCISE SUMMARY: These amendments incorporate a more complete set of definitions of terms used throughout the Commission's rules and add new definitions of "association" and "membership organization" in order to clarify the scope of certain exceptions to the definition of "expenditure" contained in Title 21-A. The amended requirements for filing complaints with the Commission are designed to ensure that complaints are substantiated and that the Commission only deals with complaints within its jurisdiction.
EFFECTIVE DATE: May 9, 2005
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director
AGENCY NAME: Commission on Governmental Ethics and Election Practices
ADDRESS: 135 State House Station, Augusta, ME 04333-0135
TELEPHONE: (207) 287-4179


AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 670, Contingency Reserve Funds for Municipal Water Departments and Quasi-Municipal Water Districts (Repeal)
ADOPTED RULE NUMBER: 2005-135
CONCISE SUMMARY: In 35-A MRSA §§ 6105 and 6112, as amended by P.L. 1991 c. 221, the Legislature permits non-investor owned water utilities to set rates that include a 5% contingency allowance. This rule, adopted as directed in 35-A MRSA §6112, defines the contingency fund, technical accounting requirements for contingency allowances, and the mechanisms that trigger either a public hearing on excesses or the lowering of rates for both.
EFFECTIVE DATE: May 11, 2005
AGENCY CONTACT PERSON: Paula J. Cyr
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831


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