An Act To Modernize Regulation of Sand and Gravel Pits
Maine Legislature, Session 122, LD 1428
Committee: Natural Resources
Sponsors: LERMAN, MITCHELL, ADAMS, EBERLE
Amends: 38 MRSA §490-B, 38 MRSA §490-D, 38 MRSA §490-K

Legislative Document 
No. 1428 
H.P.992 
House of Representatives, March 22, 2005 
An Act To Modernize Regulation of Sand and Gravel Pits 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative LERMAN of Augusta. 
'!r/~ 1?1.11!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator MITCHELL of Kennebec and 
Representatives: ADAMS of Portland, EBERLE of South Portland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §490-B, 2nd 1[, as enacted by PL 1995, c. 700, 
§22, is amended to read: 
A 
person 
in 
possession 
of 
a 
valid 
site 
location 
of 
development permit for a borrow pit or topsoil, clay or silt 
mining 
operation 
shall 
operate 
that 
pit 
or 
operation 
in 
compliance with the terms and conditions of the permit until and 
including November 30, 2005 or until a complete notice of intent 
to 
comply 
under 
this article is filed with the 
department, 
whichever comes first. 
Any modification of the permit must be in 
conformance with section 484. 
A person with 
a 
permit under 
article 6 may sh~~ file a notice of intent to comply under this 
article. 
The permit issued under article 6 lapses as of December 
I, 2005 or the date a complete notice of intent is filed with the 
department, whichever comes first. 
I~-~£~~~i~~~-&~~&-te 
s~astit~te-a-~~~~£~~~~~~~~~~-ar~ie~er-a±± All terms 
and conditions that applied to the permit issued pursuant to 
article 
are 
incorporated 
into 
the 
notification 
approved 
pursuant to this article. 
Sec. 2. 38 MRSA §490-D, sub-§14, as amended by PL 200L c. 
466, §9, is further amended to read: 
14. 
Rec1amation. 
Except as provided in subsection 15, the 
affected land must be restored to a condition that is similar to 
or 
compatible 
with 
the 
conditions 
that 
existed 
before 
excavation. 
Reclamation should be conducted in accordance with 
the 
department's 
best 
management 
practices 
for 
erosion 
and 
sediment control, and must include: 
A. 
Regrading side slopes to a slope no steeper than 2 1/2 
horizontal feet for each vertical foot; 
B. 
Establishing a vegetative cover by seeding within one 
year of the completion of excavation. 
Vegetative cover is 
acceptable if, within one year of seeding: 
(1) 
The planting of trees and shrubs results in a 
permanent stand or a stand capable of regeneration and 
succession, sufficient to ensure a 75 gb survival rate; 
and 
(2) 
The planting of all materials results in permanent 
90% ground coverage; 
C. 
Removing all structures 
reclaiming all access roads, 
roads; 
and, 
haul 
Page l-LR178l(1) 
once 
roads 
no 
longer 
and other 
in use, 
support 
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 ~b~ll 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 secur i ty, 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 
s~~ards. 
If the performance standards in 
this section are amended, the department may grant an owner or 
operator 
a 
period of 
time, 
not 
to exceed 
years 
from 
the 
effective date of the amendment, to meet the amended standards. 
The department shall adopt rules to implement this subsection. 
Rules adopted pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. 38 MRSA §490-K. as amended by PL 1995, c. 700, §32, 
is further amended to read: 
§490-K. Transfer of ownership or operation 
Before transferring ownership or operation of an excavation 
that is operated under this article, the owner or operator shall 
notify the department of an intent to transfer and the department 
shall review the transfer notice. 
A person who purchases an 
excavation that is operated under a notice of intent to comply or 
who obtains operating authority of an excavation that operates 
under a notice of intent to comply must file within 2 weeks after 
the purchase or the obtaining of operating authority a notice of 
intent to comply on a form developed by the department. 
The new 
owner or operator may operate the excavation during this 2-week 
period without 
having 
filed 
a 
notice 
of 
intent 
to 
comply, 
providing the new owner or operator complies with all standards 
under this article. 
Sec. 5. Board of Environmental Protection to establish rules to 
address repeat violations. 
The Board of Environmental Protection 
shall adopt rules to address the issue of repeat violations by an 
owner or operator of 
an excavation operated under the Maine 
Revised Statutes, Title 38, chapter 3, subchapter 1, article 7. 
Rules 
adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This 
bill 
provides 
that 
beginning 
December 
1, 
2005, 
excavations that are currently licensed under the site location 
of development law must be licensed under the borrow pit law. 
It 
also 
requires 
the 
Department 
of 
Environmental 
Protection 
to 
require a bond or security to ensure compliance with the law. 
It 
also provides that if a performance standard in the borrow pit 
law is amended, 
the Department of Environmental Protection may 
allow 
owners 
and operators 
up 
to 
years 
to 
meet 
the 
new 
standard. 
It also requires notice of intent to transfer the 
ownership or operation of an excavation to be provided to the 
Department of Environmental 
Protection. 
It also directs 
the 
Board of Environmental Protection to adopt rules to address the 
issue 
of 
repeat violations 
by 
an 
owner 
or 
operator 
of 
an 
excavation.