06- 096 C.M.R. ch. 680, § 4

Current through 2024-44, October 30, 2024

Section 096-680-4 - Application

Any person desiring to have a vessel on long term anchorage (exceeding 7 days) in Maine waters shall file an application with the Department of Environmental Protection, Bureau of Hazardous Materials and Solid Waste Control; the Bureau shall relay the application to the Board of Environmental Protection.

The application shall contain:

A. the identity of the applicant;

B. name of the vessel or vessels desiring anchorage;

C. flag of registry;

D.the size and type of the vessel including: length, beam, draft and deadweight tonnage;

E.a brief description of the propulsion and generating machinery on board the vessel along with a crew list that indicates the number of men and their qualifications that are normally required on board the vessel that ensure proper operation during periods when the vessel is being used for routine transportation and transfer of oil;

F. age of the vessel and place it was built;

G.owner of the vessel or vessels;

H.agent or local representative for the vessel; and

I. a complete contingency plan for the proposed area.

The applicant must also cause public notice of the application along with a brief summary to be published in a paper of general circulation in the vicinity of the proposed activity and provide other information to the public that the board may require.

This brief summary shall include but not be limited to: the size of the vessels, the proposed period of lay-up and the location of the lay-up using local terms and local landmarks to describe the proposed location.

The board shall, within thirty (30) days of receipt of such application, issue a license or deny a license giving the reasons therefore or order a public hearing thereon. Any applicant denied a license without a hearing may request in writing, within thirty (30) days after notice of denial, a hearing before the board. Such request shall set forth in detail the findings to which the applicant objects, the basis of such objection and the nature of the problem requested. Notice of the time and place of any hearing shall be given to the applicant and the public within ten (10) days of the hearing.

The board shall attempt to coordinate all hearings and other matters pertaining to vessel lay-up with the United States Coast Guard whenever possible in an attempt to avoid unnecessary duplication for the applicant.

06- 096 C.M.R. ch. 680, § 4