appeal process
Any person that owns a camp (or has plans to build) with-in 2 miles of a Wind project has the right to appeal.
You must make a comment to the DEP manager of that project.
You must comment before a permit is issued.
Your comment must be valid. (How do you know harm is done?)
Standing is limited to harm done. ie. = with-in 2 miles of turbine.
I comment on Complaint Protocol as the DEP procedure, at present, has the Developer in control.
I have substantial noise issue data.
If you are not happy with permit from DEP you can appeal to BEP.
If you are not happy with BEP decision, you appeal to higher court.
Views: 150
Comment
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Comment by alice mckay barnett on March 6, 2015 at 6:44pm
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with-in 2 miles of wind tower is harm done
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Comment by Penny Gray on March 6, 2015 at 5:42pm
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(2) Sound Level Limits: In its 2012 amendments to Chapter 375, the Department established a lower nighttime sound level limit of 42 dBA at protected locations for wind energy developments. This change has addressed some concerns regarding unwanted sound; however, appellants continue to question whether the sound level limits established in rule are protective of public health. They also question the methodology for modeling of sound propagation and whether the required sound level limits will actually be met. Additionally, Chapter 375 includes a provision allowing a generator of sound to obtain a noise easement from the owner of a protected location that allows higher levels of sound than otherwise required by rule. Appellants often question the appropriateness of allowing the use of such sound level easements to meet licensing requirements.
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easements acknowledge harm
Blue Sky West LLC Easement
b.) the right to have any audio, visual, light, vibration, electromagnetic, ice or weather hazard resulting from Wind Power Projects operations or activities impact.
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The court has interpreted a "person aggrieved" to be a person who;
has suffered particularized injury- that is, if the agency action operated prejudicially and directly upon the party's property, pecuniary of personal rights. The injury suffered must be distinct from any experienced by the public at large and must be more than an abstract injury.
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So, appeal must be considered "valid" by the DEP. Burden of proof is placed on the appellant? Can the DEP prove that an appeal is based on an invalid comment? IE If the appeal is based on the cumulative impact of these industrial machines on the environment: watershed/wildlife/light pollution/forests (fires and fragmentation)/property values/human health/tourism? Property values and tourism are probably not within the domain of the DEP...
Maine as Third World Country:
CMP Transmission Rate Skyrockets 19.6% Due to Wind Power
Click here to read how the Maine ratepayer has been sold down the river by the Angus King cabal.
Maine Center For Public Interest Reporting – Three Part Series: A CRITICAL LOOK AT MAINE’S WIND ACT
******** IF LINKS BELOW DON'T WORK, GOOGLE THEM*********
(excerpts) From Part 1 – On Maine’s Wind Law “Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine if the law’s goals were met." . – Maine Center for Public Interest Reporting, August 2010 https://www.pinetreewatchdog.org/wind-power-bandwagon-hits-bumps-in-the-road-3/From Part 2 – On Wind and Oil Yet using wind energy doesn’t lower dependence on imported foreign oil. That’s because the majority of imported oil in Maine is used for heating and transportation. And switching our dependence from foreign oil to Maine-produced electricity isn’t likely to happen very soon, says Bartlett. “Right now, people can’t switch to electric cars and heating – if they did, we’d be in trouble.” So was one of the fundamental premises of the task force false, or at least misleading?" https://www.pinetreewatchdog.org/wind-swept-task-force-set-the-rules/From Part 3 – On Wind-Required New Transmission Lines Finally, the building of enormous, high-voltage transmission lines that the regional electricity system operator says are required to move substantial amounts of wind power to markets south of Maine was never even discussed by the task force – an omission that Mills said will come to haunt the state.“If you try to put 2,500 or 3,000 megawatts in northern or eastern Maine – oh, my god, try to build the transmission!” said Mills. “It’s not just the towers, it’s the lines – that’s when I begin to think that the goal is a little farfetched.” https://www.pinetreewatchdog.org/flaws-in-bill-like-skating-with-dull-skates/
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Hannah Pingree on the Maine expedited wind law
Hannah Pingree - Director of Maine's Office of Innovation and the Future
"Once the committee passed the wind energy bill on to the full House and Senate, lawmakers there didn’t even debate it. They passed it unanimously and with no discussion. House Majority Leader Hannah Pingree, a Democrat from North Haven, says legislators probably didn’t know how many turbines would be constructed in Maine."
https://pinetreewatch.org/wind-power-bandwagon-hits-bumps-in-the-road-3/
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