An Act To Update the Laws Governing Borrow Pits and Quarries
Maine Legislature, Session 122, LD 1506
Committee: Natural Resources
Sponsors: NASS, KOFFMAN, MITCHELL, LERMAN
Amends: 38 MRSA §484-B, 38 MRSA §490-A, 38 MRSA §490-C, 38 MRSA §490-D, 38 MRSA §490-N, 38 MRSA §490-W, 38 MRSA §490-Y, 38 MRSA §490-Z, 38 MRSA §490-F

Legislative Document 
No. 1506 
S.P.522 
In Senate, March 29, 2005 
An Act To Update the Laws Governing Borrow Pits and Quarries 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator NASS of York. 
Cosponsored by Representative KOFFMAN of Bar Harbor and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senator: MITCHELL of Kennebec, Representative: LERMAN of Augusta. 
Printed on recyc led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §484-B is enacted to read: 
§484-B. 
Additional standards for quarries and excavations 
In addition to other standards required by or pursuant to 
this article, a quarry or an excavation for borrow, clay, topsoil 
or silt that is licensed pursuant to this article, regardless of 
the date of licensing, must meet the following minimum standards 
concerning dust control and spill prevention. 
1. 
Spill prevention. 
Refueling operations, oil changes and 
other maintenance activities 
requ~r~ng the handling of fuels, 
petroleum products, hydraulic fluids and other on-site acti vi ty 
involving the storage or use of products that, if spilled, may 
contaminate groundwater, must be conducted in accordance with the 
department' s spill prevention, control and countermeasures plan. 
Petroleum products 
and other substances that 
may 
contaminate 
groundwater must be stored and handled over impervious surfaces 
that are designed to 
contain spills. 
The 
spill prevention, 
control and countermeasures plan must be posted at the site. 
Z. 
Dust control. 
Dust generated 
by 
activities 
at 
an 
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, as long as the manufacturer' s 
guidelines 
are 
followed. 
Visible 
emissions 
from 
a 
fugitive 
emission source may not exceed an opacity of 20% for more than 5 
minutes in anyone-hour period. 
The department may require that a quarry or excavation take 
additional 
measures 
or 
provide 
additional 
information 
when 
necessary to meet the standards for development set forth in 
section 484. 
Sec. 2. 38 MRSA §490-A, sub-§5-A, as enac ted by PL 1 9 9 5, 
c . 
700, §l8, is amended to read: 
5-A. 
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 
aBaL 
the enhancement of wildlife and aquatic habitat and aquatic 
resources 
and 
the 
development 
of 
the 
site 
for 
residential, 
commercial, recreational or industrial use. 
Page l-LR0585(1) 
Sec. 3. 38 MRSA §490-C, first" as amended by PL 1995, c. 700, 
§23, is further amended to read: 
Except as provided in section 484-A, a person intending to 
create or operate an excavation under this article must file a 
notice of intent to comply before the total area of excavation on 
the parcel equals 5 or more acres excavated since January 1, 
1970. 
Both reclaimed and unreclaimed areas are added together in 
determining whether this 5-acre threshold is met. 
A notice filed 
under this section must be complete, submitted on forms approved 
by the department and mailed to the municipality, 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 
prior 
to 
filing 
the 
notice 
of 
intent 
to 
comply 
with 
the 
regulator. 
The notice that is mailed to the regulator must be 
sent by certified mail, return receipt requested. 
Upon receiving 
the 
postal 
receipt, 
the 
owner 
or 
operator 
may 
commence 
operation. 
The municipality where the proposed excavation is 
located may submit comments to the department if the proposed 
excavation may pose 
an unreasonable adverse impact under the 
standards in section 490-D. 
Within 30 days of receipt of the 
notice of intent to comply, the department must respond to the 
comments made by the municipality. 
Abutting property owners, the 
Maine 
Historic 
Preservation 
Commission 
or 
other 
interested 
persons may submit comments directly to the department. 
Sec. 4. 38 MRSA §490-D. sub-§§6-A, 7 and 8, as amended by PL 
1995, c. 700, §24, are further amended to read: 
6-A. 
Public and private roads. 
A natural buffer strip must 
be maintained between the working edge of an excavation and a 
road or right-of-way as follows. 
A. 
A natural buffer strip at least 150 feet wide must be 
maintained between the working edge of an excavation and a 
road designated as a scenic highway by the Department of 
Transportation. 
B. 
A natural buffer strip at least 100 feet wide must be 
maintained between the working edge of an excavation and any 
public 
road not designated as 
a 
scenic 
highway 
by 
the 
Department of Transportation. 
A 
natural buffer strip at 
least 25 feet wide must be maintained between the working 
edge 
of 
a 
topsoil 
excavation 
and 
any 
public 
road 
not 
designated 
as 
a 
scenic 
highway 
by 
the 
Department 
of 
Transportation. 
A natural buffer strip at least 50 feet 
wide must be maintained between the working edge of 
an 
~xcavation and any right-of-way that does not contain a 
road. 
The width of a natural buffer strip adjacent to a 
public road or right of-way may be reduced if there is a 
public entity or entities with authority to grant permission 
and the applicant receives permission from each authority in 
writing. 
C. 
A natural buffer strip at least 50 feet wide must be 
maintained between the working edge of an excavation and any 
private 
road 
or 
right-of-way. 
If 
a 
private 
road 
is 
contained 
within 
a 
wider 
right-of-way, 
the 
buffer 
is 
measured from the edge of the right-of-way. 
The width of 
the natural buffer strip adjacent to a private road may be 
reduced if the applicant receives written permission from 
the person or persons having a right-of-way over the private 
road. 
Except for paragraph B, the department may not grant a variance 
from the provisions of this subsection. 
The department may grant 
a variance from paragraph 
BT-f>'l'~..(i.e.d.-",aa6 if the variance will 
not result in the natural buffer strip being reduced to less than 
feet between the working edge of the excavation and any road 
or right-of-way, whichever is farther from the excavation, and 
p~eviQeQ-~aa~ if the owner or operator installs visual screening 
and safety measures as required by the department. 
A distance specified in this subsection is measured from the 
outside 
edge 
of 
the 
shoulder 
of 
the 
road 
or 
edge 
of 
the 
right-of-way unless otherwise specifically provided. 
7. 
Property boundary. 
A natural buffer strip at least 50 
feet wide must be maintained between any excavation and 
any 
property boundary. 
A natural buffer strip at least 25 feet wide 
must be maintained between any topsoil excavation and a property 
boundary. 
These distances may be reduced to not less than 10 
feet with the written permission of the affected property owner 
or owners, except that the distance may not be reduced to less 
than 25 feet from the boundary of a cemetery or burial ground. 
The buffer strip between excavations owned by abutting owners may 
be eliminated with the abutter's written permission, provided the 
elimination of this buffer strip does not increase the runoff 
from either excavation across the property boundary. 
Any written 
permission to reduce a buffer must provide that it remains in 
effect until mining ceases and must be recorded in the registry 
of deeds. 
All property boundaries must be identified in the 
field by markings such as metal posts, stakes, flagging or blazed 
trees. 
The 
department 
may 
not 
grant 
a 
variance 
from 
the 
provisions of this subsection. 
8. 
Erosion and sedimentation control. 
unreclaimed areas, except for access roads, 
All reclaimed and 
must be naturally 
internally drained at all times unless a variance is obtained 
from the department. 
A. 
The area of a working pit may not exceed 10 acres. 
B. 
Stockpiles 
consisting 
of 
topsoil 
to 
be 
used 
for 
reclamation must be seeded, mulched or otherwise temporarily 
stabilized. 
c. 
Sediment may not leave the parcel or enter a protected 
natural resource. 
D. 
Grubbed areas not internally drained must be stabilized. 
E. 
Erosion and sedimentation control for access roads must 
be 
conducted 
in 
accordance 
with 
the 
department's 
best 
management practices for erosion and sedimentation control. 
Areas that are not naturally internally drained must meet 
the erosion and sedimentation control standards of section 
420-C. 
The department may grant a variance from this subsection, except 
for paragraphs C, D and E. 
Areas are not considered "naturally 
internally drained" if surface discharge is impeded through the 
use of structures such as detention ponds, retention ponds and 
undersized culverts. 
Sec. 5. 38 MRSA §490-D, sub-§9, as amended by PL 1995, c. 700, 
§24, is repealed and the following enacted in its place: 
9. 
Water quality protection and storm water management. 
Standards of the laws governing storm water management and waste 
discharge must be met as provided in this subsection. 
A. 
An area that is not naturally internally drained must 
meet storm water standards adopted pursuant to section 420-D 
if the total area requiring such a variance on the parcel 
would 
be 
of 
sufficient size 
to 
require 
a 
storm water 
management permit but for the exception from storm water 
management permi tting requirements for certain excavations 
in section 420-D, subsection 5. 
A storm water management 
permit is not required. 
B. 
A 
waste 
discharge 
must 
meet 
standards 
and 
obtain 
authorization if required pursuant to section 413. 
Sec. 6. 38 MRSA §490-D, sub-§13, as amended by PL 1995, c. 
700, §24, is further amended to read: 
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°'1> for 
more than 5 minutes in anyone-hour period. 
Sec. 7. 38 MRSA §490-N is enacted to read: 
§490-N. 
Release 
The department may grant a release from the reguirements 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 
reguirements of this article. 
Payment of the annual fee under 
section 490-J will resume in the year when the further excavation 
begins. 
Sec. 8. 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 aBaL 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. 9. 38 MRSA §490-Y, first 1[, 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 
adverse impact under the standards in section 490-Z. 
Within 30 
days of receipt of the notice of intent to comply, the department 
shall respond to the comments made by the municipality. 
Abutting 
property owners, the Maine Historic Preservation Commission or 
other interested persons may submit comments directly to the 
department. 
Sec. 10. 38 MRSA §490-Z, sub-§3, as enacted by PL 1995, c. 
700, §35, is amended to read: 
3. 
Groundwater protection. 
To ensure adequate groundwater 
protection, the following setback requirements must be met. 
A. 
A 200-foot separation must be maintained between an 
excavation and a private drinking water supply that is point 
driven or dug and was in existence prior to the excavation. 
B. 
A 100-foot separation must be maintained between an 
excavation and 
a 
private drinking water 
supply that is 
drilled into saturated bedrock and was in existence prior to 
the excavation. 
C. 
Separation must be maintained between an excavation and 
a public drinking water source as follows: 
(1) 
For systems serving a population of 500 persons or 
less, the minimum separation must be 300 feet; 
(2) 
For systems serving a population of 501 persons up 
to 1,000 persons, the separation must be 500 feet; 
(3) 
For 
systems serving a population of more than 
1,000 persons, the separation must be 1,000 feet; and 
(4) 
For 
any 
system that holds 
a 
valid filtration 
waiver in accordance with the federal Safe Drinking 
Water Act, 
United States Code, 
Sections 300f to 
300j-26 (1988), the separation must be 1,000 feet. 
D. 
Refueling operations, 
oil changes, 
other maintenance 
activities 
requiring 
the 
handling 
of 
fuels, 
petroleum 
products and hydraulic fluids and other on-site activity 
involving storage or use of products that, if spilled, may 
contaminate groundwater, 
must be 
conducted in accordance 
with 
the 
department's 
spill 
prevention, 
control 
and 
countermeasures 
plan. 
Petroleum 
products 
and 
other 
substances that may contaminate groundwater must be stored 
and handled over impervious surfaces that are designed to 
contain 
spills. 
The 
spill 
prevention, 
control 
and 
countermeasures plan must be posted at the site. 
E. In the event of excavation below the seasonal high water 
table, a 300-foot separation must be maintained between the 
limit of excavation and any predevelopment private drinking 
water supply and a 1000-foot separation must be maintained 
between the limit of excavation and any public drinking 
water source or area previously designated for potential use 
as 
a 
public drinking water source by 
a municipality or 
private water company. 
The 
department 
may grant 
a 
variance 
from 
the provisions 
of 
paragraph C upon consultation with the person or entity that 
controls 
the 
public 
drinking 
water 
supply 
affected 
by 
the 
excavation. 
The department may not grant a 
waiver 
from 
the 
provisions of paragraph A, B or D. 
Excavation 
below 
the 
seasonal 
high water 
table 
e~--aB--area 
Frevie~6*y-~&~aa&&G-~~--~€£~Ja~--~6e-~&-~-~~J€--QriBkiB~ 
waEer--se~Fee-~y-~-~~~~it~-~--~J~~€--wa~e£--eemFaBY is 
prohibited. 
The 
department 
may 
grant 
a 
variance 
allowing 
excavation below the seasonal high water table if the applicant 
demonstrates that the yield of groundwater flow to protected 
waters or wetlands or public drinking water sources or private 
drinking water supplies will not be adversely affected by the 
excavation. 
In the event of excavation below the seasonal high water table, 
the operator of a mining activity that affects by excavation 
activities a public drinking water source or private drinking 
water supply by contamination, interruption or diminution must 
restore or replace the affected water supply with an alternate 
source of water, adequate in quantity and quality for the purpose 
served by the supply. 
This provision is not intended to replace 
any independent action that a person may have whose water supply 
is affected by a mining activity. 
Sec. 11. 38 MRSA §490-Z, sub-§§6, 7 and 8, as enacted by PL 
1995, c. 700, §35, is amended to read: 
6. 
Roads. 
A natural 
buffer 
between 
the 
working 
edge 
of 
an 
right-of-way as follows. 
strip must 
be 
excavation 
and 
maintained 
a 
road 
or 
A. 
A natural buffer strip at least 150 feet wide must be 
maintained between the working edge of an excavation and a 
road designated as a scenic highway by the Department of 
Transportation. 
B. 
A natural buffer strip at least 100 feet wide must be 
maintained between the working edge of the excavation and 
any other public road. 
A natural buffer strip at least 50 
feet wide must be maintained between the working edge of an 
excavation and any public right of-way that does not contain 
a road. 
The width of a natural buffer strip adjacent to a 
public road or right of way may be reduced if there is a 
public entity or entities with authority to grant permission 
and the applicant receives permission from each authority in 
writing. 
C. 
A natural buffer strip at least 50 feet wide must be 
maintained between the working edge of an excavation and a 
private 
road or 
a 
right-of-way. 
If 
a 
private 
road is 
contained 
within 
a 
wider 
right-of-way, 
the 
buffer 
is 
measured from the edge of the right-of-way. 
The width of 
the natural buffer strip adjacent to a private road may be 
reduced if the applicant receives written permission from 
the persons having a right-of-way over the private road. 
The department may not grant a variance from the provisions of 
paragraph A or 
C. 
The department may grant a variance from 
paragraph B if the variance does not result in the natural buffer 
strip being reduced to less than 50 feet between the working edge 
of the excavation and any road or right-of-way, whichever is 
farther 
from 
the 
excavation, 
and if the 
owner 
or 
operator 
installs visual screening and safety measures as required by the 
department. 
A distance specified in this subsection 
outside 
edge 
of 
the 
shoulder 
of 
the 
right-of-way unless otherwise specifically 
is measured from 
road 
or 
edge 
of 
provided. 
the 
the 
7. 
Property boundary. 
A natural buffer strip at least 100 
feet wide 
must 
be 
maintained between 
an excavation 
and 
any 
property boundary. 
This distance may be reduced to 10 feet with 
the written permission of the affected abutting property owner or 
owners, except that the distance may not be reduced to less than 
feet from the boundary of a cemetery or burial ground. 
The 
natural buffer strip between quarries owned by 
a~ '-ing owners 
may be eliminated with the abutter's written permissi~ i_f the 
elimination of this natural buffer strip does not incr :ase t.ile 
runoff from either excavation across the property boundary. 
~':1y 
written permission to 
reduce 
a 
buffer 
must 
provide that it 
remains in effect until mining ceases and must be recorded in the 
registry of deeds. 
All property boundaries must be identified in 
the field by markings such as metal posts, stakes, flagging or 
blazed trees. 
The department may not grant a variance from the 
provisions of this subsection. 
8. 
Erosion and sedimentation control. 
All reclaimed and 
unreclaimed areas, except for access roads, 
must be naturally 
internally drained at all times unless a variance is obtained 
from the department. 
Stockpiles consisting of topsoil to be used 
for reclamation must be seeded, mulched or otherwise temporarily 
stabilized. 
A. 
Sediment may not leave the parcel or enter a protected 
natural resource. 
B. 
Grubbed areas not internally drained must be stabilized. 
C. 
Erosion and sedimentation control for access roads must 
be 
conducted 
in 
accordance 
with 
the 
department's 
best 
management practices for erosion and sedimentation control. 
Areas that are not naturally internally drained must meet 
the standards of section 420-C. 
The department may not grant a variance from the provisions of 
paragraph 
A, 
B or 
C. 
Areas 
are 
not 
considered 
"naturally 
internally drained" if surface discharge is impeded through the 
use of structures such as detention ponds, retention ponds and 
undersized culverts. 
Sec. 12. 38 MRS A §490-Z, sub-§9, as enac ted by PL 1995, c. 
700, §35, is repealed and the following enacted in its place: 
9. 
Water quality protection and 
storm water 
management. 
Standards of the laws governing storm water management and waste 
discharge must be met as provided in this subsection. 
A. 
An area that is not naturally internally drained must 
meet storm water standards adopted pursuant to section 420-D 
if the total area requiring such a variance on the parcel 
would 
be 
of 
sufficient size 
to 
require 
a 
storm 
water 
management permit but for the exception from storm water 
management permitting requirements for certain excavations 
in section 420-D, 
subsection 5. 
A storm water management 
permit is not required. 
B. 
A 
waste 
discharge 
must 
meet 
standards 
and 
obtain 
authorization if required pursuant to section 413. 
Sec. 13. 38 MRSA §490-Z, sub-§12, as enacted by PL 1995, c. 
700, §35, is amended to read: 
12. 
Dust. 
Dust 
generated 
by 
activities at 
a 
quarry, 
including dust associated with traffic to and from a quarry, must 
be 
controlled 
by 
sweeping, 
paving, 
watering 
or 
other 
best 
management practices for control of fugitive emissions. 
Dust 
control methods 
may 
include calcium chloride as 
long as 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 anyone-hour period. 
Sec. 14. 38 MRSA §490-Z, sub-§14,~, as enacted by PL 1995, c. 
700, §35, is amended to read: 
F. 
A 
preblast 
survey 
is 
required 
for 
all 
production 
blasting and must extend a minimum radius of 6QQQ-feet 1/2 
mile from the blast site. 
The preblast survey must document 
any preexisting damage to structures and buildings and any 
other physical features within the survey radius that could 
reasonably be affected by blasting. 
Assessment of features 
such as pipes, 
cables, 
transmission lines and wells 
and 
other 
water 
supply 
systems 
must 
be 
limited to 
surface 
condi tions and other readily available data, such as well 
yield 
and 
water 
quality. 
The 
preblast 
survey 
must 
be 
conducted 
prior 
to 
the 
initiation 
of 
blasting 
at 
the 
operation. 
The owner or operator shall retain a copy of all 
preblast surveys for at least one year from the date of the 
last blast on the development site. 
(1) 
The owner or operator is not required to conduct a 
preblast survey if the department determines that no 
protected natural resource within the limits of the 
otherwise required survey is likely to be affected by 
blasting and production blasting will not occur wi thin 
2000 
feet of 
any building not 
owned 
or 
under 
the 
control of the developer. 
(2) 
The owner or operator is not required to conduct a 
preblast survey on properties for which the owner or 
operator 
documents 
the 
rejection 
of 
an 
offer 
by 
registered letter, return receipt requested, to conduct 
a preblast survey. 
Any person owning a building within 
a 
preblast survey radius 
may voluntarily waive 
the 
right to a survey. 
(3) 
The owner or operator is not required to conduct a 
preblast survey if the owner or operator agrees to 
design all blasts so that the weight of explosives per 
millisecond or greater delay does not exceed that 
determined by the equation W=(D/Ds)2, 
where W is the 
maximum allowable weight of explosives per delay of 8 
milliseconds or greater, D is the shortest distance 
between any area to be blasted and 
any inhabitable 
structure not owned or controlled by the developer and 
Ds equals 70 ft./(lb.)1/2. 
Sec. 15. 38 MRSA §490-FF is enacted to read: 
§490-ff. 
Release 
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 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-Y and comply with all requirements of this article. 
Payment 
of the annual fee under section 490-EE will resume in the year 
when the further excavation begins. 
SUMMARY 
This bill amends the laws administered by the Department of 
Environmental Protection governing borrow pits and quarries. 
The 
"borrow pit law" regulates excavations for borrow, clay, topsoil 
or silt. 
1. 
It 
adds 
additional 
standards 
for 
quarries 
and 
excavations for borrow, 
clay, topsoil or silt. 
The standards 
require a spill prevention, control and countermeasures plan and 
address dust control. 
2. 
It clarifies that reclamation of the land affected by 
mining 
may 
include 
development of 
the site for 
residential, 
commercial, recreational or industrial use pursuant to the borrow 
pit law. 
3. 
It provides that comments submitted in relation to a 
notification under the borrow pit law may be submitted directly 
to the department. 
Page ll-LR0585(1) 
4. 
It amends the standards in the laws governing borrow 
pits regarding roads, rights-of-way and natural buffer strips to 
provide that a natural buffer at least 50 feet wide must be 
maintained between the working edge of an excavation and any 
public right-of-way that does 
not contain a 
road. 
It also 
provides that when a variance is allowed from the public road 
standard, it may not result in a natural buffer strip of less 
than 50 feet between the working edge of the excavation and any 
road or right-of-way, whichever is farther from the excavation. 
The buffer along a public road other than a scenic highway may be 
reduced if there is a public entity or entities with authority to 
grant permission and the applicant receives permission in writing 
from each authority. 
5. 
It provides that any written permission to reduce a 
buffer from a property line in the laws governing borrow pits 
must remain in effect until mining ceases and must be recorded in 
the registry of deeds. 
6. 
It amends the erosion and sedimentation standard in the 
laws governing borrow pits to provide that areas that are not 
naturally internally drained must meet the standards of the laws 
governing erosion and sedimentation control in the Maine Revised 
Statutes, Title 38, section 420-C. 
7. 
It repeals 
and 
replaces the existing surface water 
protection and storm water standards in the laws governing borrow 
pits. 
The new provision clarifies when the storm water standards 
of Title 38, section 420-D must be met in regard to externally 
drained areas. 
It also indicates that a waste discharge must 
meet standards and obtain authorization pursuant to Title 38, 
section 413 if required. 
8. 
It adds a numeric standard for fugitive dust emissions 
to the laws governing borrow pits. 
9. 
It authorizes the department to grant a release from 
requirements of the borrow pit law after reclamation of the 
affected area. 
The department would be required to inspect the 
si te before the release, and the release would terminate if any 
further excavation was proposed on the parcel for borrow, clay, 
topsoil or silt. 
10. 
It clarifies that reclamation of the 
mining 
may 
include development of 
the site 
commercial, recreational or industrial use under 
land affected by 
for 
residential, 
the quarry law. 
11. 
It provides that comments submitted in relation to a 
Page l2-LR0585(1) 
notification under the quarry law may be submitted directly to 
the department. 
12. 
It provides that all excavations below 
high water 
table require 
a 
variance 
from 
the 
removing limiting language under the quarry law. 
the seasonal 
department by 
13. 
It amends 
the standard of the quarry law standard 
addressing roads, 
rights-of-way and natural buffer strips to 
provide that a natural buffer at least 50 feet wide must be 
maintained between the working edge of an excavation and any 
public easement that does not contain a road. 
It also provides 
that when a variance is allowed from the public road standard, it 
may not result in a natural buffer strip of less than 50 feet 
between the working edge of the excavation and 
any 
road or 
right-of-way, 
whichever 
is farther 
from 
the 
excavation. 
The 
buffer along a public road other than a scenic highway may be 
reduced if there is a public entity or entities with authority to 
grant permission and the applicant receives permission in writing 
from each authority. 
14. 
It provides that any written permission to reduce a 
buffer from a property line under the laws governing quarries 
must remain in effect until mining ceases and must be recorded in 
the registry of deeds. 
15. 
It amends the erosion and sedimentation standard in the 
quarry 
law 
to 
provide 
that 
areas 
that 
are 
not 
naturally 
internally drained must meet the standards of the laws governing 
erosion and sedimentation control in Title 38, section 420-C. 
16. 
It repeals and replaces the existing surface water 
protection and storm water standard in the quarry law to clarify 
when the standards of storm water management must be met in 
regard to externally drained areas and when a discharge must meet 
standards and obtain authorization pursuant to the laws governing 
waste discharge if required. 
17. 
It adds a numeric standard for fugitive dust emissions 
in the laws governing quarries. 
18. 
It changes the range for a preblast survey from 2000 
feet to 1/2 mile, consistent with federal requirements. 
19. 
It authorizes the department to grant a release from 
requirements of the quarry law after reclamation of the affected 
area. 
The department would be 
required to inspect the site 
before the 
release, 
and 
the 
release would 
terminate if any 
further excavation was proposed on the parcel.