Ch. 454: Municipal Reimbursement Procedures

SUMMARY. This rule establishes procedures to reimburse municipalities for costs incurred in site selection proceedings before the Facility Siting Board. SECTION 1. PREAMBLE This rule establishes procedures for the issuance of financial reimbursement by the Maine State Planning Office to municipalities in which a potential solid waste disposal facility site is located. If a potential site is located in an unorganized township, the county in which it is located shall be deemed a municipality for reimbursement purposes. Reimbursement is available for direct, substantive participation in proceedings before the Facility Siting Board (Board) conducted pursuant to 38 MRSA §2154(l). Allowable expenses are determined in a manner consistent with 38 MRSA §1310-S(4) of the Maine Solid Waste Laws and Chapter 400, Section 7, of the Department of Environmental Protection, Solid Waste Management Rules. SECTION 2. AVAILABILITY A. As provided under 38 MRSA §2154(3), financial reimbursement is available to a municipality when the Board concludes its consideration of a potential site under §2154(l). For the purposes of this rule, such consideration is concluded when the Board decides whether to recommend the potential site for the purposes of preparing necessary permit applications. A municipality may request this reimbursement, not to exceed $50,000, for expenses associated with its direct, substantive participation in Board proceedings related to the consideration of a potential site in the municipality. B. The Agency may offer a limited payment to a municipality in advance of Board consideration of a site in order to facilitate the municipality's participation in early planning and review efforts. Any funds so provided will be deducted from the municipality's $50,000 reimbursement limit if the site becomes the subject of Board proceedings under 38 MRSA §2154(l). SECTION 3

in the municipality. B. The Agency may offer a limited payment to a municipality in advance of Board consideration of a site in order to facilitate the municipality's participation in early planning and review efforts. Any funds so provided will be deducted from the municipality's $50,000 reimbursement limit if the site becomes the subject of Board proceedings under 38 MRSA §2154(l). SECTION 3. ELIGIBLE EXPENSES A determination as to eligible costs will be based on whether the expense contributes directly to the municipality's participation in the Board's review process. Eligible expenses may include: A. payment or retainers for expert witnesses or hiring qualified professionals in environmentally related fields such as, but not limited to, engineering, geology, public health, finance or law; B. the cost of using professional services in these fields to evaluate the landfill proposal, to determine whether to oppose or support it, and to represent the municipality; C. the costs of examining all aspects of the proposal which will be considered by the Board in determining whether the proposal meets the siting criteria or not; and D. the direct costs of the municipal officials and their consultants meeting with Agency staff, attending hearings, and participating in Board meetings relating to the proposal or its proceedings. For the purpose of this rule, “professional services” and "qualified professionals" shall be defined as individuals, companies, and agencies whose primary occupation is to provide the service or expertise in question. If required by the State of origin, such individuals, companies, and agencies shall have all necessary certification to provide the professional service or information in question. In selecting and acquiring professional services and expert witnesses, the municipal officers, county commissioners, assessors, or designee shall not have any pecuniary interest, as defined in 30 M.R.S.A, §2251, in the selection or acquisition of any of these services. SECTION 4

and agencies shall have all necessary certification to provide the professional service or information in question. In selecting and acquiring professional services and expert witnesses, the municipal officers, county commissioners, assessors, or designee shall not have any pecuniary interest, as defined in 30 M.R.S.A, §2251, in the selection or acquisition of any of these services. SECTION 4. COSTS NOT ELIGIBLE FOR REIMBURSEMENT The following costs, among others, shall not be eligible for reimbursement because they are not direct expenses likely to contribute to substantive participation in the proceedings before the Board: A. costs of developing or amending local ordinances; B. costs of processing local applications; C. costs of reviews or actions related to other state or federal agencies, the Legislature, or the courts. D. costs of assisting other interested parties, intervenors or municipalities with their inquiries or testimony; E. any costs not documented by the municipality to the Agency; F. work undertaken after the Board votes whether or not to designate a site as a recommended site; or G. “in kind” services, including: rental, maintenance or overhead expenses for buildings or municipal, county or plantation operations; and the salaries of any municipal or county officers or employees who are involved in the process as part of their overall duties. The salaries of municipal or county officers, employees or designees shall not be eligible for reimbursement unless the officer, employee or designee is a qualified professional hired to provide specific services directly related to the municipality's or county's substantive participation in Board proceedings. SECTION 5. APPLICATION and PAYMENT PROCEDURES Requests for reimbursement must be submitted in writing to the Director, State Planning Office, at the conclusion of the Board proceedings under 38 MRSA §2154(1)

icer, employee or designee is a qualified professional hired to provide specific services directly related to the municipality's or county's substantive participation in Board proceedings. SECTION 5. APPLICATION and PAYMENT PROCEDURES Requests for reimbursement must be submitted in writing to the Director, State Planning Office, at the conclusion of the Board proceedings under 38 MRSA §2154(1). Requests for reimbursement must include a cover letter summarizing costs the municipality believes to be eligible for reimbursement, supported by receipts, invoices, and other documentation and records of payment. The Agency will respond to the request within thirty days. Payments will be made directly to the municipality on a reasonable schedule consistent with the Agency's financial capabilities. Requests for payments to facilitate the municipality's participation in early site review in advance of Board consideration of a potential site under 38 MRSA §21 54(1) also must be submitted in writing to the Director, State Planning Office. The Agency then may enter into a written agreement with the municipality defining the scope of work accomplished or to be accomplished, the incurred or expected costs, and a schedule for completion of the work and related payments as appropriate. SECTION 6. APPEALS A municipality may appeal to the Executive Director any denial or reduction of reimbursement requests for direct costs it believes to be eligible for reimbursement. The Executive Director will review the appeal with the Facility Siting Board and seek its advice before making a final decision. SECTION 7. RECORDS and AUDITS The municipality shall maintain all evidence including books, documents, payrolls, papers, accounting records, work products, travel expenses, and retainers pertaining to costs incurred under the reimbursement agreement

or reimbursement. The Executive Director will review the appeal with the Facility Siting Board and seek its advice before making a final decision. SECTION 7. RECORDS and AUDITS The municipality shall maintain all evidence including books, documents, payrolls, papers, accounting records, work products, travel expenses, and retainers pertaining to costs incurred under the reimbursement agreement. It shall make such materials available at their offices at all reasonable times upon conclusion of all substantial proceedings before the Board and all appeal proceedings and for three years from that date for inspection by the Agency or any authorized representative of the State of Maine. The municipality may defer the need to retain all records for a three year period by turning over all original documents or certified accurate and complete copies to the Agency.