It’s not always easy to figure out exactly what it is that the Legislature unanimously affirmed, in the recently enacted Maine Revised Statute Title 35-A, Chapter 34-A: EXPEDITED PERMITTING OF GRID-SCALE WIND ENERGY DEVELOPMENT.
For example. It appears that the law as enacted expressly disallows enforcement of the law by the State DEP. Perhaps you can see what I’m talking about here. Under the section entitled, “35-A §3456. SITING CONSIDERATIONS FOR SMALLER-SCALE WIND ENERGY DEVELOPMENT IN ORGANIZED AREAS”, the legislature approved the wording submitted to them as follows,
“3. Enforcement of standards. Following certification under this section and during construction and operation, the standards in subsection 1 for a wind energy development subject to certification under this section may be enforced by the municipality in which the generating facilities are located at the municipality’s discretion pursuant to Title 30-A, section 4452. The department is not responsible for enforcement of this section. [ 2007, c. 661, Pt. A, §7 (NEW) .]”
It’s fascinating really. I’d love to be wrong on this one. Would someone, anyone care to write in and clarify that this doesn’t mean the State DEP is not responsible for enforcement of its own law?
And if this is the way the law was intended, how the heck did that happen? Who can seriously believe that 100 percent of the legislature thought it was a good idea that there be no State oversight of a State-permitted facility?