An Act Concerning Blasting near Residential Areas II
Maine Legislature, Session 123, LD 0895
Committee Amendment CA_A_S169 (Senate)
Amends: 38 MRSA §353-A, 38 MRSA §484, 38 MRSA §490-B, 38 MRSA §490-C, 38 MRSA §490-D, 38 MRSA §490-X, 38 MRSA §490-Y, 38 MRSA §490-Z

COMMITTEE AMENDMENT "A" to S.P. 283, L.D. 895, Bill, "An Act 
Concerning Blasting near Residential Areas" 
II 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §353-A, sub-§10 is enacted to read: 
10. Fees for rock crusher general permit. Rock crushers regulated under a general 
permit from the department are subject to an annual fee not to exceed the minimum 
license fee established under subsection 4. 
Sec. 2. 38 MRSA §484, sub-§9 is enacted to read: 
9. Blasting. Blasting will be conducted in accordance with the standards in section 
490-Z, subsection 14 unless otherwise approved by the department. 
Sec. 3. 38 MRSA §490-B, first ~, as enacted by PL 1995, c. 700, §22, is 
amended to read: 
Sections 490-A to 490-K apply to any excavation for borrow, clay, topsoil or silt, 
whether alone or in combination, if the total ex:ea:vated Mea OR a pMsel is 5 or more 
aeres, including reclaimed and unreclaimed areas, aRd seetioR if the total excavated area 
on a parcel is 5 or more acres or the total excavated area on adjacent parcels under a 
common owner or operator is 5 or more acres. Section 490-M applies to a total excavated 
area of less than 5 acres. This article applies if the excavation is located in whole or in 
part within an organized area ofthis State. 
Sec. 4. 38 MRSA §490-C, first ~, as amended by PL 2005, c. 158, §3, is further 
amended to read: 
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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 I, 1970. Both 
reclaimed and unreclaimed areas are added together in determining whether this 5-acre 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 283, L.D. 895 
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 mafled sent by 
certified mail 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. 5. 38 MRSA §490-D, sub-§3, ~C, as amended by PL 1995, c. 700, §24, is 
further amended to read: 
' 
C. 
Separation must be maintained between any exea¥atioR affected land and any 
public drinking water source existing prior to the filing of a notice of intent to comply 
under section 490-C 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, the separation must be 1,000 feet. 
The department may grant a variance from the provisions of this paragraph upon 
consultation with the public water supply affected by the excavation. The department 
may not grant a waiver from the provisions of paragraph A, B or D. 
Sec. 6. 38 MRSA §490-D, sub-§3, ~G, as enacted by PL 1995, c. 700, §24, is 
amended to read: 
G. 
In the event of excavation below the seasonal high water table, a 300-foot 
separation must be maintained between the permitted limit of excavation and any 
predevelopment private drinking water supply, and a l{){){) foot 1,000-foot separation 
must be maintained between the permitted limit of excavation and any 
predevelopment public drinking water source or area previously designated for 
potential use as a public drinking water source by a municipality or private water 
company. 
Sec. 7. 38 MRSA §490-D, sub-§16 is enacted to read: 
16. 
Blasting. Blasting must be conducted in accordance with the standards in 
section 490-Z, subsection 14 unless otherwise approved by the department. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'A "to S.P. 283, L.D. 895 
Sec. 8. 38 MRSA §490-X, first ~, as enacted by PL 1995, c. 700, §35, is 
amended to read: 
This article applies to any quarry that, including reclaimed and unreclaimed areas, if 
the quarry is more than one acre in size, the total excavated area including reelaimed and 
linreelaimed areas, adjacent parcels under a common owner or operator is more than one 
acre in size or at wkiek underground production blasting is proposed. 
Sec. 9. 38 MRSA §490-Y, first~, as amended by PL 2005, c. 158, §1O, 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 maHed 
sent by certified mail 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, suh-§14, ~ 
is enacted to read: 
N. If any blasting activity exceeds the standards in this subsection, the department 
must be notified within 48 hours of the blast event. Notification must include the 
name of the blasting operator, the location, date and time of the blasting event and a 
description of the specific occurrence that is in noncompliance with this subsection. 
Use of explosives at the quarry may be suspended by the department until the cause 
of the noncompliance is identified and appropriate steps are implemented to reduce, 
prevent or eliminate reoccurrence. 
Sec. 11. 38 MRSA §490-Z, suh-§14, ~O is enacted to read: 
O. Prior to blasting, the owner or operator shall develop and implement a plan that 
provides an opportunity for prior notification of a planned blast for all persons 
located within 1,000 feet of the blast site. Notification may be by telephone, in 
writing, by public notice in a newspaper of general circulation in the area affected or 
by other means identified in the plan. The plan must be in writing and available for 
inspection by the department. 
Sec. 12. 
Agency study. 
The Department of Environmental Protection, the 
Department of Public Safety and the Office of the State Fire Marshal, referred to in this 
section as "the agencies," shall study methods for the regulation of individuals and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'JI "to S.P. 283, L.D. 895 
companies that conduct blasting operations, including certification and requirements for 
best management practices. 
The agencies shall submit a report, including 
recommendations and any legislation necessary to implement the recommendations, to 
the Joint Standing Committee on Natural Resources by January 15, 2008. The Joint 
Standing Committee on Natural Resources may submit legislation related to the report to 
the Second Regular Session of the 123rd Legislature.' 
SUMMARY 
This amendment replaces the bill. The amendment does the following. 
It allows the Department of Environmental Protection to charge rock crushers an 
annual fee for an air emissions license under a general permit. 
It adds a provision to the site location law requiring all blasting to be conducted in 
accordance with performance standards unless otherwise approved by the department. 
It amends the performance standards for gravel pits to clarify that the standards apply 
to any pit with a total area of 5 or more acres that is located on more than one parcel that 
is under a common owner or operator. 
It amends the notice of intent to _comply sections of the gravel pit laws and quarry 
laws to require that notice to abutters and municipalities be by certified mail. 
It amends the performance standards of the gravel pit laws to clarify that setbacks 
from public drinking water sources apply to sources that exist at the time of filing a notice 
of intent to comply or exist prior to obtaining a permit for excavation into groundwater. 
It amends the performance standards for quarries to clarify that the standards apply to 
any quarry with a total area of more than one acre that is located on more than one parcel 
that is under a common owner or operator. 
It amends the performance standards of the quarry law to add a standard requiring the 
owner or operator to notify the department within 48 hours of a blast event if the event 
exceeds any of the blasting standards. The notice must include a description of the 
incident and its cause and the steps taken or planned to reduce, eliminate or prevent 
reoccurrence. Further use of explosives at the quarry may be suspended until written 
authorization to resume blasting is obtained from the department. 
It amends the quarry law to require the owner or operator to develop and implement a 
plan that provides an opportunity for property owners within 1,000 feet of the blast site to 
receive prior notification of a scheduled blast. Notice may be in writing, by telephone or 
by publishing a public notice in a daily newspaper of general circulation in the area 
affected. The plan must be in writing and available to the department for inspection. 
It directs the department, the Department of Public Safety and the Office of the State 
Fire Marshal to study methods for the regulation of individuals and companies that 
conduct blasting operations, including certification and requirements for best 
management practices and to submit a report to the Joint Standing Committee on Natural 
Resources. 
FISCAL ~OTE REQLlRED 
(See ~tt~~hed) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/22/07 hac 
LD895 
LR 178(02) 
An Act Concerning Blasting near Residential Areas 
< 
r. 
Fiscal Note for Bill as Amended by Committee Amendment ';4 " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - Other Special Revenue Funds 
The bill allows the Department of Environmental Protection to charge rock crushers an annual fee for an air emission 
license under a general permit; the increase in dedicated revenue is unknown at this time. The additional cost 
associated with implementing this bill can be absorbed by the Department of Environmental Protection and the 
Department of Public Safety utilizing existing budgeted resources. 
LROl78(02) - Fiscal Note - Page I of I