LD 1428
pg. 2
Page 1 of 3 An Act To Modernize Regulation of Sand and Gravel Pits Page 3 of 3
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LR 1781
Item 1

 
D. Reclaiming all affected lands within 2 years after final
grading; and

 
E. Stockpiling soil that is stripped or removed for use in
reclaiming disturbed land areas.

 
The department may shall require a bond payable to the State with
sureties satisfactory to the department or such other security as
the department may determine adequately secures compliance with
this article, conditioned upon the faithful performance of the
requirements set forth in this article. Other security may
include a security deposit with the State, an escrow account and
agreement, insurance or an irrevocable trust. In determining the
amount of the bond or the security, the department shall take
into consideration the character and nature of the overburden,
the future suitable use of the land involved and the cost of
grading and reclamation required. All proceeds of forfeited
bonds or other security must be expended by the department for
the reclamation of the area for which the bond was posted and any
remainder returned to the operator.

 
The board may adopt or amend rules to carry out this subsection,
including rules relating to operation or maintenance plans;
standards for determining the reclamation period; annual
revisions of those plans; limits, terms and conditions on bonds
or other security; proof of financial responsibility of a person
engaged in excavation activity or the affiliated person who
guarantees performance; estimation of reclamation costs; reports
on reclamation activities; or the manner of determining when the
bond or other security may be discharged. Rules adopted under
this subsection are major substantive rules as defined in Title
5, chapter 375, subchapter II-A 2-A.

 
The department may grant a variance from paragraph A, provided
that the slopes exhibit substantial vegetation and are stable.
The department may not assess a fee for a request for a variance
from paragraph A. The department may grant a variance from
paragraph E if the applicant demonstrates that the soil is not
needed for reclamation purposes. The department may not grant a
variance from the other provisions of this subsection.

 
Sec. 3. 38 MRSA §490-D, sub-§16 is enacted to read:

 
16.__Amended standards.__If the performance standards in this
section are amended, the department may grant an owner or
operator a period of time, not to exceed 5 years from the
effective date of the amendment, to meet the amended standards.__
The department shall adopt rules to implement this subsection.


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