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Home > Weekly Newspaper Notices > March 19, 2008

March 19, 2008

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 10-144 - Maine Well Drillers Commission
RULE TITLE OR SUBJECT: Ch. 232, State of Maine Well Drillers and Pump Installers Rules
PROPOSED RULE NUMBER: 2008-P53
CONCISE SUMMARY: The Maine Well Drillers Commission is proposing minor changes to the regulations that govern the installation of water wells and pump systems in Maine. These changes include clarifying definitions and language, error corrections and a new late charge for license renewal applications received after January 31 of each year.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA 4700 E through M, 22 MRSA 1689, 1689 A and 32 MRSA 3501, sub - 6
PUBLIC HEARING: April 7, 2008, Maine Motor Transport Building, Whitten Road, Augusta
DEADLINE FOR COMMENTS: April 17, 2008
AGENCY CONTACT PERSON: David Braley, Commission Member, Maine Well Drillers Commission, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-3194
TTY: (207) 287-5550



AGENCY: 90-590 - Maine Health Data Organization
RULE TITLE OR SUBJECT: Ch. 50, Prices for Data Sets, Fees for Programming and Report Generation, Duplication Rates
PROPOSED RULE NUMBER: 2008-P54
CONCISE SUMMARY: This proposed rule revises the schedule of fees to include the purchase of quality data and financial data sets that are available from the Maine Health Data Organization. In addition, it adds a new category of data sets requested and a new category of entities requesting data.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA. Ch. 1683, 8704, sub-4 and 8706, sub-2A and 2B
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: April 18, 2008
AGENCY CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722


ADOPTIONS



AGENCY: 94-289 Atlantic Salmon Commission
RULE TITLE OR SUBJECT: Ch. 1, Rules of the Atlantic Salmon Commission: 1.03(1)&(3), Experimental Open Season, Time Period and Conditions (Spring Season)
ADOPTED RULE NUMBER: 2008-114
CONCISE SUMMARY: The proposed rulemaking creates a spring fishing season for anadromous Atlantic salmon with a fifty (50) fish maximum allowable catch and release. Daily reporting of successful captures will be required to determine the 50 fish maximum. The spring season is for a one-month period in a specified location on the Penobscot River and replaces the fall season. The permitted activity is limited to catch and release by fly fishing only. Should the Commission determine it is necessary to close the area during the open season, red flags would be displayed.
EFFECTIVE DATE: March 15, 2008
AGENCY CONTACT PERSON: Patrick Keliher, Bureau of Sea Run Fisheries and Habitat, Maine Department of Marine Resources, 172 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-9972
TTY: (207) 633-9500



AGENCY: 10-144 - Department of Health and Human Services, Maine Center for Disease Control and Prevention, Division of Environmental Health, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 231, Rules Relating to Drinking Water
ADOPTED RULE NUMBER: 2008-115
CONCISE SUMMARY: The State of Maine Rules Relating to Drinking Water includes several updates for consistency with federal regulations, including adding the Stage 2 Disinfection Byproducts Rule, the Long Term II Enhanced Surface Water Rule, the Groundwater Rule, and the Initial Distribution System Evaluation Rule. Other changes include adjustments to the annual drinking water fee formula parameters, adding some definitions, updating construction and operation standards, as well as updating federal and state references relevant to regulations.
EFFECTIVE DATE: March 12, 2008
AGENCY CONTACT PERSON: Tera R. Pare, Rulemaking Coordinator, Drinking Water Program, 286 Water Street, 3rd Floor, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5680



AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 1, Procedures
ADOPTED RULE NUMBER: 2008-116
CONCISE SUMMARY: The adopted rule conforms the regulatory definition of "write-in candidate" to the statutory definition in the Election Law; authorizes the Commission to receive certain financial reports after business hours when permitted by statute; clarifies the procedures for providing notice of Commission meetings to persons involved in a matter pending before the Commission; confirms the Commission staffs procedures for handling complaints regarding matters outside the Commission's jurisdiction; clarifies that the Commission staff may conduct preliminary fact-gathering on its own motion even when no complaint has been filed; requires the itemized reporting of amounts spent by political action committees and party committees in support of candidates; modifies the filing schedules of accelerated reports, independent expenditure reports and reports filed under 21-A MRSA 1056-B to be consistent with statute; and eliminates a schedule of the candidate reporting form for privately financed candidates for property or equipment purchased by the candidate that could be converted to the candidate's personal use.
EFFECTIVE DATE: March 15, 2008
AGENCY CONTACT PERSON: Jonathan Wayne, Executive Director, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135
TELEPHONE: (207) 287-3024



AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE: Ch. 528, Pretreatment Program
ADOPTED RULE NUMBER: 2008-117
CONCISE SUMMARY: This proposed rule amends the rule originally adopted in 1999. This is a routine periodic update of an existing rule being done to maintain consistency with EPA's parallel regulations and to make various administrative changes. This Ch. describes the regulatory requirements for the execution of an Industrial Pretreatment Program, parallel with 40 CFR Part 403. Changes to the Federal regulation, collectively referred to as the "Pretreatment Streamlining Rule", effective November 14, 2005, are incorporated therein.
EFFECTIVE DATE: March 17, 2008
AGENCY CONTACT PERSON: James R. Crowley, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-8898
E-MAIL: james.r.crowley@maine.gov



AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 27, Retail Margins
ADOPTED RULE NUMBER: 2008-118
CONCISE SUMMARY: The principal reason for this rulemaking is the need to establish retail margins for milk marketing areas within the State of Maine in accordance with 7 MRSA 2954.
EFFECTIVE DATE: March 20, 2008
AGENCY CONTACT PERSON: Stanley K. Millay, Maine Milk Commission, 28 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-7521