An Act To Update the Laws Governing Borrow Pits and Quarries
Maine Legislature, Session 122, LD 1506
Committee Amendment CA_A_S155 (Senate)
Amends: 38 MRSA §490-J, 38 MRSA §490-E

COMMITTEE AMENDMENT ,~" to S.P. 522, L.D. 1506, Bill, 
Act To Update the Laws Governing Borrow Pits and Quarries" 
"An 
Amend the bill in section 4 in subsection 6-A in paragraph B 
in the 10th line (page 2, line 50 in L.D.) by inserting after the 
following: 
"and any" the following: 
'public' 
Further amend the bill in section 4 
in subsection 8 in 
paragraph E 
in the 4th line 
(page 4, 
line 18 
in L.D.) 
by 
inserting after the 
following: 
"~" the 
following: 
' .f.Q.r. 
gr;;r;;gss rQgg,s' 
Further amend the bill in section 5 in subsection 9 
by 
striking out all of paragraph A (page 4, lines 35 to 42 in L.D.) 
and inserting in its place the following: 
'A. 
A yarignr;;g must bg Qbtgineg, gng, stQrm wgtgr stgng,ards 
ag,Qptgd pursuant· tQ sgr;;tiQn 420-D must bg mgt fQr any pgrt 
Qf g prQjgr;;t. Qthgr thgn thg wQrking pit grgg. thgt is nQt 
ngturglly intgrnally drained if that part Qf thg projgct 
wQulg, rgguirg g stQrm wgtgr mgnaggmgnt pgrmit pursugnt to 
sgr;;tiQn 420-D but fQr thg gxr;;gptiQn fQr cgrtgin gxcgvgtiQns 
in sgr;;tiQn 420-D. 
subsgr;;tiQn 5. 
A stQrm watgr mangggmgnt 
pgrmit pursugnt to sgctiQn 420-D is not rgguirgd.' 
Further amend the bill by inserting after section 6 the 
following: 
Page l-LR0585(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~, to S.P. 522, L.D. 1506 
'Sec. 7. 38 MRSA §490-J, sub-§2, "A and B, as amended by PL 
1995, c. 700, §3l, are further amended to read: 
2. 
Annual fee. 
By March 1st of each year, an annual fee of: 
A. 
';i;lu:ee ~ 
hundred 
aBa-.f-i.f~y dollars for an excavation 
from which 2,500 cubic yards or more of material will be 
extracted during that year; and 
B. 
~ifty One hundred dollars, for all other excavations. To 
be eligible for the annual fee under this paragraph, the 
owner or operator must include with the payment of this fee 
a signed statement certifying that less than 2,500 cubic 
yards of material will be extracted during that year;' 
Further amend the bill in 
paragraph C in the 4th line 
inserting after the 
following: 
access roads' 
section 11 in 
(page 
9, 
line 
"An.a.s." 
the 
subsection 8 in 
in L.D.) 
by 
following: 
'~ 
Further amend the bill in section 12 in subsection 9 by 
striking out all of paragraph A (page 9, lines 43 to 50 in L.D.) 
and inserting in its place the following: 
'A. 
A variance must be obtained and storm water standards 
adopted pursuant to section 420-D must be met for any part 
of a project, other than the working pit area, that is not 
naturally internally drained if that part of the project 
would require a storm water management permit pursuant to 
section 420-D but for the exception for certain excavations 
in section 420-D, subsection 5. 
A storm water management 
permit pursuant to section 420-D is not required.' 
Further amend the bill by inserting after section 14 the 
following: 
'Sec. 15. 38 MRSA §490-EE, sub-§3,~, as enacted by PL 1995, 
c. 700, §35, is amended to read: 
B. 
By March 1st of each year, an annual fee of: 
(1) 
';i;RFee ~ 
hundred fifty dollars for an excavation 
from which 2,500 cubic yards or more of material will 
be extracted during that year: and 
(2) 
~ifty 
One 
hundred 
dollars 
for 
all 
other 
excavations. 
To be eligible for the annual fee under 
this paragraph, the owner or operator must include with 
the payment of this fee a signed statement certifying 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A .. to S.P. 522, L.D. 1506 -
that less than 2,500 cubic yards of material will be 
extracted during that year;' 
Further amend the 
nonconsecutive 
Part 
consecutively. 
bill by relettering 
letter 
or 
section 
or renumbering 
number 
to 
any 
read 
SUMMARY 
This amendment clarifies that a 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. 
It clarifies that areas for access roads that are not 
naturally 
internally 
drained 
must 
meet 
the 
erosion 
and 
sedimentation control standards. 
It clarifies that certain areas 
that are not naturally internally drained must meet the standards 
in the storm water management law. 
It changes the annual fees in 
the borrow pit and quarry laws. 
FISCAL \OTf I{EQURED 
-
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/06/05 ~ac:.. 
Revenue 
LD 1506 
LR 0585(02) 
An Act To Update the Laws Governing Borrow Pits and Quarries 
Fiscal Note for Bill as Amended by Committee Amendment 'A' 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
2006-07 
Projections 
2007-08 
Other Special Revenue Funds 
$27,500 
$27,500 
$27,500 
Fiscal Detail and Notes 
Projections 
2008-09 
$27,500 
'Fhis legislation will result in an increase in Other Special Revenue Funds to the Maine Environmental Protection 
Fund within the Department of Environmental Protection of $27,500 annually from an increase in borrow pit and 
quarry fees. Any additional costs associated with this legislation can be absorbed by the Department of 
Environmental Protection utilizing existing budgeted resources. 
LR0585(2) - Fiscal Note - Page 1 of 1