| | | 13. Dust. Dust generated by activities at the excavation | | site, including dust associated with traffic to and from the | | excavation site, must be controlled by sweeping, paving, watering | | or other best management practices for control of fugitive | | emissions. Dust control methods may include the application of | | calcium chloride, providing the manufacturer's labeling | | guidelines are followed. The department may not grant a variance | | from the provisions of this subsection. Visible emissions from a | | fugitive emission source may not exceed an opacity of 20% for | | more than 5 minutes in any one-hour period. |
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| | | Sec. 7. 38 MRSA §490-N is enacted to read: |
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| | | The department may grant a release from the requirements of | | this article to the owner or operator or a transferee after | | reclamation of the affected area as determined by the department.__ | | The department shall inspect the site before making this | | determination.__The release will terminate if any further | | excavation on the parcel for borrow, clay, topsoil or silt is | | proposed by the owner or operator or a transferee.__A person | | proposing further excavation on the parcel must file a notice of | | intent to comply pursuant to section 490-C and comply with all | | requirements of this article.__Payment of the annual fee under | | section 490-J will resume in the year when the further excavation | | begins. |
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| | | Sec. 8. 38 MRSA §490-W, sub-§18, as enacted by PL 1995, c. 700, §35, | | is amended to read: |
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| | | 18. Reclamation. "Reclamation" means the rehabilitation of | | the area of land affected by mining, including, but not limited | | to, the stabilization of slopes and creation of safety benches, | | the planting of forests, the seeding of grasses and legumes for | grazing purposes, the planting of crops for harvest and | | enhancement of wildlife and aquatic habitat and aquatic resources | | and the development of the site for residential, commercial, | | recreational or industrial use. "Reclamation" does not include | | the filling in of pits and the filling or sealing of shafts and | | underground workings with solid materials unless necessary for | | the protection of groundwater or for reasons of safety. |
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| | | Sec. 9. 38 MRSA §490-Y, first ¶, as amended by PL 1997, c. 364, §22, is | | further amended to read: |
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| | | Except as provided in section 484-A, a person intending to | | create or operate a quarry under this article must file a notice | | of intent to comply before the total area of excavation of rock | | or overburden on the parcel exceeds one acre. Both reclaimed and |
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