LD 1506
pg. 6
Page 5 of 12 PUBLIC Law Chapter 158 Page 7 of 12
Download Chapter Text
LR 585
Item 1

 
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.

 
Sec. 9. 38 MRSA §490-W, sub-§18, as enacted by PL 1995, c. 700, §35,
is amended to read:

 
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, the
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.

 
Sec. 10. 38 MRSA §490-Y, first ¶, as amended by PL 1997, c. 364, §22,
is further amended to read:

 
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
unreclaimed areas are added together in determining whether this
one-acre threshold is exceeded. A notice filed under this
section must be complete, submitted on forms approved by the
department and mailed to the municipality where the quarry is
located, the department, the Maine Historic Preservation
Commission and each abutting property owner. The notice that is
mailed to the municipality and each abutting property owner must
be mailed at least 7 days before the notice of intent to comply
is filed with the regulator. The notice that is mailed to the
department must be sent by certified mail, return receipt
requested. Upon receiving the postal receipt, the owner or
operator may commence operation of the quarry. The municipality
where the proposed quarry is located may submit comments to the
department if the proposed quarry may pose an unreasonable


Page 5 of 12 Top of Page Page 7 of 12
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer