An Act To Improve Environmental Oversight and Streamline Permitting for Mining in Maine
Maine Legislature, Session 125, LD 1853
Committee Amendment CA_A_H940 (House)
Amends: 12 MRSA §550-A, 12 MRSA §685-B, 36 MRSA §2861, 36 MRSA §2862, 36 MRSA §2866, 38 MRSA §349-A, 38 MRSA §3, 38 MRSA §352, 38 MRSA §353, 38 MRSA §420-D, 38 MRSA §480-D, 38 MRSA §482, 38 MRSA §484, 38 MRSA §485-A, 38 MRSA §488, 38 MRSA §490, 38 MRSA §633, 38 MRSA §840, 38 MRSA §1319-E

COMMITTEE AMENDMENT" A" to H.P. 1371, L.D. 1853, Bill, "An Act To 
Improve Environmental Oversight and Streamline Permitting for Mining in Maine" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Improve Environmental Oversight and Streamline Permitting for 
Metallic Mineral Mining in Maine' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 12 MRSA §550-A, as amended by PL 1985, c. 819, Pt. A, § 17, IS 
repealed. 
Sec.2. 12 MRSA §685-B, sub-§I-A, ~-1 is enacted to read: 
B-1. A permit is not required for a project for mining of metallic minerals that is 
reviewed under the Maine Metallic Mineral Mining Act. A person submitting a 
permit application to the Department of Environmental Protection under Title 38, 
chapter 3, subchapter 1, article 9 for a metallic mineral mining project located wholly 
or in part within the unorganized and deorganized areas of the State shall file a notice 
of the intent to develop and a map indicating the location of the proposed 
development with the commission prior to or concurrently with submission of a 
development application to the Department of Environmental Protection. 
The 
commission must certify to the department that the proposed development is an 
allowed use within the subdistrict or subdistricts for which it is proposed and that the 
proposed development meets any land use standards established by the commission 
and applicable to the project that are not considered in the department's review. This 
paragraph does not prohibit the commission from enforcing the land use standards 
certified to the Department of Environmental Protection under this paragraph; 
Sec. 3. 12 MRSA §685-B, sub-§4, ~A, as amended by PL 1999, c. 333, §16, is 
further amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
A. Adequate technical and financial provision has been made for complying with the 
requirements of the State's air and water pollution control and other environmental 
laws, and those standards and regulations adopted with respect thereto, including 
without limitation the minimum lot size laws, sections 4807 to 4807 -G, the site 
location of development laws, Title 38, sections 481 to 49G 489-E, and the natural 
resource protection laws, Title 38, sections 480-A to 480-Z, and adequate provision 
has been made for solid waste and sewage disposal, for controlling of offensive odors 
and for the securing and maintenance of sufficient healthful water supplies; 
Sec. 4. 36 MRSA §2861, sub-§6, as enacted by PL 1991, c. 883, §4, is amended 
to read: 
6. Oversight. The Treasurer of State, following the payment of excise tax revenues 
to municipalities pursuant to subsection 4, shall annually set aside 25% of the remaining 
revenues from mining operations iR fRl:lRieiflalities Ret l:lRser the jl:lfissietieR ef the MaiRe 
LaRS Use RegHlatieR GefRfRissieR to be deposited in the Mining GerreetiYe AetieR 
Oversight Fund. Money in this fund is available te fRl:lRieiflalities to fund eerreetiYe 
aetieft. oversight of mining activity as defined by rule by the Department of 
Environmental Protection in relation to metallic mineral exploration. 
Sec. 5. 36 MRSA §2862, first " as amended by PL 1991, c. 883, §5, is further 
amended to read: 
Excise tax revenues remaining after municipal reimbursement and payments into the 
Mining Gerreetin AetieR Oversight Fund under section 2861 must be used as follows. 
Sec. 6. 36 MRSA §2866, as enacted by PL 1991, c. 883, §8, is amended to read: 
§2866. Mining Oversight Fund 
1. Creation of fund. The Mining Gerreeti'le AetieR Oversight Fund, referred to in 
this section as ~the .!.!.fund," is established as a nonlapsing fund administered by the 
Mining Excise Tax Trust Fund Board of Trustees, referred to in this section as ~the 
.!.!.board." The board shall oversee and authorize expenditures from the fund. 
2. 
Investment. The Treasurer of State shall invest the money in the fund as 
authorized by Title 5, section 138. 
J. Seope of eOFFeetwe aetioB. The ftIRS fRay he l:lses eRly for eorreeth'e aetioR for 
fRiRiRg ofleratioRs loeates iR fRl:lRieiflalities. 
4. Uses of fund. Money from the fund may be used only to fund eorreeti'le aetioR 
oversight of mining activity as setiRes provided in the mining rules adopted by the 
Department of Environmental Protection aRs the MaiRe Lans Use RegHlatieR 
GOfRfRissioR under the Maine Metallic Mineral Mining Act, and expenses for site 
oversight. Gorreeti'le aetioR iRell:lses, hm is Rot lifflites to, refResial aetioR relates to: 
Expenses for site oversight include, but are not limited to, expenses of the department or 
the department's agents or contractors related to site oversight, including costs of 
personnel and administrative costs and expenses necessary to administer, review and 
monitor corrective action. 
A. GoffiamiRates grOl:lRS water; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. l371, L.D. 1853 
B. DispositioR of HliRiRg wastes; 
C. R-eelaHlatioR aefeets OR or serroeRdiRg the site; aRa 
D. PolletioR eoatrol at the site. 
S. RestFietioRs RRd liability. MORe), froHl the fuRd Hl~' be esed oRI)' fer eorreetiYe 
aetioR ReeesslH)' to address probleHls that oeeer at the site fello",riRg tefHliRatioR of 
HliRiRg operatioRs aRa elosere of the HliRe. 
CorreetiYe aetioR Reeessar), aeriRg the 
operatioR of a HliRe Hlest be fHRaed by the HliRiRg eOHlpae)'. The e~dsteeee of this fuea 
does eot relhwe a Hlieieg eOHlpae)' of ~' liability or respoesibility arisieg from a 
eorreetive aetioe fello""'ieg tefHlieatioe of its HlieiRg operatioe ie a Hll:H'lieipality. 
(t. DispositioR of fURd. Whee eorreetiYe aetioe is eeeessar)' ie aeeordaeee ","itH: this 
seetioe, the board shall proyiae fueas fer reHleaial aetiYities at the site oe a pro rata basis 
to eesere that fueds are available fer ~r eeeesslH)' eorreeti','e aetioe at other sites. This 
detefHlieatioe is basea oe the aHloeRt of e*eise taK reyeReeS geRerated at eaeh site. 
7. DepletioR of fURd. 
Follo',..,iRg tefHlieatioR of Hlieieg operatioRs, the Hlieieg 
eOHlpaRY aRd, iR the ease of a Hlieieg eOHlpaRY that is a sebsidiar), of a eorporatioe, the 
pareRt eOHlp~' reHlaiR liable fer ~' eorreetiYe aetioR aetefHliRea ReeeSSIH)' by the 
boara. If the eORtribmioes of the HliRiRg eOHlpaey to the fHfld are ieseffieieRt to fued 
eorreetiYe aetioR, the HliRieg eOHlPaR~' or its seeeessor, if the eOHlpaay has beeR sold, 
reHlaiRs liable fer the eosts of eorreetiYe aetioe. If the HliRieg eOHlpaR), eeases to e~dst, 
the pareRt eOHlpaR)" if aR~', is liable fer aft)' ReeeSSIH)' eorreetiYe aetioR. 
A~' fueds 
eKpeRdea fer eorreetiYe aetioR as pro,,'ided in this seetion Hlest be reiHlbersed in fHII b)' 
the Hlieieg eOHlp~', its seeeessor or its parent eorporation. 
Sec. 7. 38 MRSA §349-A, as enacted by PL 1989, c. 874, §1, is repealed. 
Sec. 8. 38 MRSA §3S1, first~, as enacted by PL 1983, c. 574, §1, is amended to 
read: 
The Maine Environmental Protection Fund, referred to in this subchapter as ~the 
fund,~ is established as a nonlapsing fund to supplement licensing programs administered 
by the Department of Environmental Protection. All Except as otherwise provided in this 
section, all fees established under this subchapter .shalt must be credited to the fund, and 
administrative expenses directly related to licensing programs shall must be charged to 
the fund, e~feept that iR fiseal year 1984, $41,250 shall be aepositea iR the Geeeral Feea. 
Sec. 9. 38 MRSA §3S1, as amended by PL 1991, c. 9, Pt. E, §27, is further 
amended by adding after the first indented paragraph a new paragraph to read: 
All fees related to metallic mineral mining applications and permits under section 
352, subsection 4-A must be credited to the Metallic Mining Fund, Other Special 
Revenue Funds account, which is established as a subaccount of the Maine 
Environmental Protection Fund to provide for prompt and effective planning, oversight 
and implementation of metallic mineral mining operations. 
Sec. 10. 38 MRSA §3S2, sub-§3, as amended by PL 2009, c. 642, Pt. A, §8, is 
further amended to read: 
3. Maximum fee. The commissioner shall set the actual fees and shall publish a 
schedule of all fees by November 1st of each year. If the commissioner determines that a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to RP. 1371, L.D. 1853 
particular application, by virtue of its size, uniqueness, complexity or other relevant 
factors, is likely to require significantly more costs than those listed on Table I, the 
commissioner may designate that application as subject to special fees. 
Such a 
designation must be made at, or prior to, the time the application is accepted as complete 
and may not be based solely on the likelihood of extensive public controversy. The 
maximum fee for processing an application may not exceed $250,000, except that the 
maximum fee for processing an application under chapter 3, subchapter 1, article 9 is as 
provided for in subsection 4-A. All staff of the department, the Department of Inland 
Fisheries and Wildlife, the Department of Conservation, the Department of Agriculture, 
Food and Rural Resources and the Department of Marine Resources who have worked on 
the review of the application, including, but not limited to, preapplication consultations, 
shall submit quarterly reports to the commissioner detailing the time spent on the 
application and all expenses attributable to the application, including the costs of any 
appeals filed by the applicant and, after taking into consideration the interest of fairness 
and equity, any other appeals if the commissioner finds it in the public interest to do so. 
Any appeal filed by the applicant of an application fee must be to the agency of 
jurisdiction of the application. The costs associated with assistance to the board on an 
appeal before the board may be separately charged. 
The processing fee for that 
application must be the actual cost to the department, the Department of Inland Fisheries 
and Wildlife, the Department of Conservation, the Department of Agriculture, Food and 
Rural Resources and the Department of Marine Resources. The processing fee must be 
distributed to each department that incurs a cost to be deposited in the account in which 
the expenses were incurred in that department to reimburse the actual cost to that 
department. The applicant must be billed quarterly and all fees paid prior to receipt of the 
permit. At the time of the quarterly billing by the department, the commissioner shall 
review the ongoing work of the department to identify, prevent and mitigate undue delays 
or vague requirements of the application processing. Nothing in this section limits the 
commissioner's authority to enter into an agreement with an applicant for payment of 
costs in excess of the maximum fee established in this subsection. 
Sec. 11. 38 MRSA §352, sub-§4-A, as enacted by PL 1989, c. 874, §2, is 
repealed and the following enacted in its place: 
4-A. 
Fees for metallic mineral mining. 
Metallic mineral mining permit 
applications under chapter 3, subchapter 1, article 9 are subject to the following fees. 
Fees under this subsection must be deposited in the Metallic Mining Fund, Other Special 
Revenue Funds subaccount. 
A. The initial processing fee is $500,000. 
B. Preapplication and processing fees are special fees subject to subsection 3. The 
maximum fee for processing an application must be discussed by the department and 
the applicant during preapplication meetings. If the applicant does not agree to the 
maximum fee as determined by the commissioner, the refund provisions of paragraph 
F apply. 
C. The costs associated with the department's preparation for and attendance at any 
application proceeding held by the board, including the costs associated with 
assistance to the board, must be paid by the applicant. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1371, L.D. 1853 
D. The costs associated with the department's assistance to the board on an appeal by 
the applicant before the board must be paid by the applicant and may be separately 
charged to the applicant by the department. 
The costs associated with the 
department's assistance to the board on an appeal by a person other than the applicant 
before the board may not be charged to the applicant. 
E. The annual license fee must be at least $20,000 and may not exceed $50,000 and 
must be set by the department prior to the issuance of the permit. 
F. If at any time the application is withdrawn by the applicant, the department shall 
calculate the portion of the processing fee that was expended or committed by the 
department or the department's agents or contractors for processing the application 
prior to the withdrawal and the remainder of the processing fee not expended or 
committed must be refunded to the applicant. 
Sec. 12. 38 MRSA §353, sub-§I-A, as enacted by PL 1989, c. 874, §3, is 
repealed. 
Sec. 13. 38 MRSA §353, sub-§2, as amended by PL 1997, c. 794, Pt. B, §5, is 
further amended to read: 
2. Processing fee. Except for annual air emission fees pursuant to section 353-A and 
annual waste discharge fees pursuant to section 353-B, a processing fee must be paid at 
the time of filing the application. Failure to pay the processing fee at the time of filing 
the application results in the application being returned to the applicant. One-half the 
processing fee assessed in section 352, subsection 5-A for licenses issued for a 10-year 
term must be paid at the time of filing the application. 
The remaining 112 of the 
processing fee for licenses issued for a 10-year term must be paid 5 years after issuance 
of the license. The commissioner may not refund the processing fee if the application is 
denied by the board or the commissioner. If Except as provided in section 352, subsection 
4-A, if the application is withdrawn by the applicant within 30 days of the start of 
processing, the I3fseessing fee mHst ae fefunded, exeel3t in the ease sf nsnfeffsHs metal 
mining Rfll3lieatisns portion of the processing fee that was expended or committed by the 
department or the department's agents or contractors for the cost of processing the 
application prior to the withdrawal of the application must be calculated, and the 
remainder of the processing fee not expended or committed must be refunded. If-aR 
Rfll3lieatisn fef nsnfeffsHs metal mining is withdfEPtVn ay the al3l3lieaRt vlithin 30 days sf 
the date sf filing, 1/2 sf the Rfl131ieatisn fee mHst ae fefHnded. 
Sec. 14. 38 MRSA §420-D, sub-§5, as amended by PL 2011, c. 206, §8, is 
further amended to read: 
5. Relationship to other laws. A storm water permit pursuant to this section is not 
required for a project requiring review by the department pursuant to any of the following 
provisions but the project may be required to meet standards for management of storm 
water adopted pursuant to this section: article 6, site location of development; article 7, 
performance standards for excavations for borrow, clay, topsoil or silt; article 8-A, 
performance standards for quarries; article 9, the Maine Metallic Mineral Mining Act: 
sections 631 to 636, permits for hydropower projects; and section 1310-N, 1319-R or 
1319-X, waste facility licenses. When a project requires a storm water permit and 
requires review pursuant to article 5-A, the department shall issue a joint order unless the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1371, L.D. 1853 
permit required pursuant to article 5-A is a permit-by-rule or general permit, or separate 
orders are requested by the applicant and approved by the department. 
A storm water permit pursuant to this section is not required for a project receiving 
review by a registered municipality pursuant to section 489-A if the storm water 
ordinances under which the project is reviewed are at least as stringent as the storm water 
standards adopted pursuant to section 484 or if the municipality meets the requirements 
of section 489-A, subsection 2-A, paragraph B. 
Sec. 15. 38 MRSA §480-D, sub-§3, as amended by PL 2001, c. 618, §3, is 
further amended to read: 
3. Harm to habitats; fisheries. 
The activity will not unreasonably harm any 
significant wildlife habitat, freshwater wetland plant habitat, threatened or endangered 
plant habitat, aquatic or adjacent upland habitat, travel corridor, freshwater, estuarine or 
marine fisheries or other aquatic life. 
In determining whether mining, as defined in section 490-MM, subsection 11, will 
comply with this subsection, the department shall review an analysis of alternatives 
submitted by the applicant. For purposes of this subsection, a practicable alternative to 
mining, as defined in section 490-MM, subsection 11, that is less damaging to the 
environment is not considered to exist. 
The department may consider alternatives 
associated with the activity, including alternative design and operational measures, in its 
evaluation of whether the activity avoided and minimized impacts to the maximum extent 
practicable. 
In determining whether there is unreasonable harm to significant wildlife habitat, the 
department may consider proposed mitigation if that mitigation does not diminish in the 
vicinity of the proposed activity the overall value of significant wildlife habitat and 
species utilization of the habitat and if there is no specific biological or physical feature 
unique to the habitat that would be adversely affected by the proposed activity. For 
purposes of this subsection, "mitigation" means any action taken or not taken to avoid, 
minimize, rectify, reduce, eliminate or compensate for any actual or potential adverse 
impact on the significant wildlife habitat, including the following: 
A. Avoiding an impact altogether by not taking a certain action or parts of an action; 
B. Minimizing an impact by limiting the magnitude, duration or location of an 
activity or by controlling the timing of an activity; 
C. 
Rectifying an impact by repairing, rehabilitating or restoring the affected 
environment; 
D. 
Reducing or eliminating an impact over time through preservation and 
maintenance operations during the life of the project; or 
E. Compensating for an impact by replacing the affected significant wildlife habitat. 
Sec. 16. 38 MRSA §482, sub-§2,~, as amended by PL 2005, c. 330, §18, is 
further amended to read: 
B. Is a metallie mituwal miBiag Of aSYaBeed explofatioB aetiYity as defiaed iB this 
seetioB Of an oil or gas exploration or production activity that includes drilling or 
excavation under water; 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
Sec. 17. 38 MRSA §482, sub-§2-B, as amended by PL 1995, c. 700, §4, is 
repealed. 
Sec. 18. 38 MRSA §484, sub-§4-A, as amended by PL 2009, c. 506, § 1 and 
affected by §3, is further amended to read: 
4-A. Storm water management and erosion and sedimentation control. The 
proposed development, ether than a fRetallie fRiReral fRiRiRg er aeiYaReee eX131eratieR 
aeti'lity, meets the standards for storm water management in section 420-D and the 
standard for erosion and sedimentation control in section 420-C. A 13ro13osee fRetallie 
fRiReral fRiRiRg or aeyaReee e*l31eratioR aeti'lity fRl:lst fReet steFfR 'i.,'ater staneares iR 
ee13artfReRt mles aee13tee te ifR131efReRt sl:l9seetieRs 3 ane 7. If exempt under section 
420-D, subsection 7, a proposed development must satisfy the applicable storm water 
quantity standard and, if the development is located in the direct watershed of a lake 
included in the list adopted pursuant to section 420-D, subsection 3, any applicable storm 
water quality standards adopted pursuant to section 420-D. For redevelopment projects 
only, the standards for storm water management in section 420-D are met if the proposed 
development is located in a designated area served by a department-approved 
management system for storm water as described in section 420-D, subsection 2, as long 
as the owner or operator of the parcel upon which the proposed development will be 
located enters into or obtains and remains in compliance with all agreements, permits and 
approvals necessary for the proposed development to be served by such management 
system for storm water. 
Sec. 19. 38 MRSA §485-A, sub-§l-C, as amended by PL 2009, c. 602, §2, is 
further amended to read: 
. 
I-C. 
Long-term construction projects. 
The department shall adopt rules 
identifying requirements for a long-term construction project that allow approval of 
development within a specified area and within specified parameters such as maximum 
area and groundwater usage, although the specific nature and extent of the development 
or timing of construction may not be known at the time a permit for the long-term 
construction project is issued. The location and parameters of the development must 
meet the standards of this article. This sl:l9seetieR eees Ret ttfJ131y te fRetallie fRiReral 
fRiRiRg er atWaReee eX131eratieR aeti'lities. 
Sec. 20. 38 MRSA §488, sub-§9, as amended by PL 2009, c. 615, Pt. E, §19, is 
further amended to read: 
9. Development within unorganized areas. A development located entirely within 
an area subject to the jurisdiction of the Maine Land Use Regulation Commission, other 
than a fRetallie fRiReral fRiRiRg er a6-"vaneee eX131eratieR aeti'lity, an oil terminal facility or 
an offshore wind power project with an aggregate generating capacity of 3 megawatts or 
more that is not a community-based offshore wind energy project as defined in Title 12, 
section 682, subsection 19, is exempt from the requirements of this article. 
A. If a development is located in part within an organized area and in part within an 
area subject to the jurisdiction of the Maine Land Use Regulation Commission, that 
portion of the development within the organized area is subject to review under this 
article if that portion is a development pursuant to this article. That portion of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
development within the jurisdiction of the commission is exempt from the 
requirements ofthis article except as provided in paragraph B. 
B. If a development is located as described in paragraph A, the department may 
review those aspects of a development within the jurisdiction of the Maine Land Use 
Regulation Commission if the commission determines that the development is an 
allowed use within the subdistrict or subdistricts for which it is proposed pursuant to 
Title 12, section 685-B. A permit from the Maine Land Use Regulation Commission 
is not required for those aspects of a development approved by the department under 
this paragraph. 
Review by the department of subsequent modifications to a development approved by the 
department is required. 
For a development or part of a development within the 
jurisdiction of the Maine Land Use Regulation Commission, the director of the 
commission may request and obtain technical assistance and recommendations from the 
department. The commissioner shall respond to the requests in a timely manner. The 
recommendations of the department must be considered by the Maine Land Use 
Regulation Commission in acting upon a development application. 
Sec. 21. 38 MRSA §488, sub-§l1, as repealed and replaced by PL 1997, c. 502, 
§ 10 and affected by § 18, is amended to read: 
11. Farm and fire ponds. A pond that is used for irrigation of field crops, water 
storage for cranberry operations or fire protection determined to be necessary in that 
location by the municipal fire department is exempt from review under this article. This 
provision does not provide an exemption for milling SF advaBeea Emf'lsFatisB aeti'lity SF 
excavation for borrow, clay, topsoil or silt. 
Sec. 22. 38 MRSA §490, as amended by PL 1995, c. 700, §11, is repealed. 
Sec. 23. 38 MRSA c. 3, sub-c. 1, art. 9 is enacted to read: 
ARTICLE 9 
MAINE METALLIC MINERAL MINING ACT 
§490-LL. Short title 
This article may be known and cited as "the Maine Metallic Mineral Mining Act. " 
§490-MM. Definitions 
As used in this article, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Advanced exploration. "Advanced exploration" means any metallic mineral bulk 
sampling or exploratory activity that exceeds those activities that are exploration 
activities and are specified in rules adopted by the department. Samples taken as part of 
exploration are not considered bulk sampling. 
2. Affected area. "Affected area" means an area outside of a mining area where the 
land surface, surface water, groundwater, air resources, soils or existing uses are 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
potentially affected by mining operations as determined through an environmental impact 
assessment. 
3. 
Beneficiation. 
"Beneficiation" means the treatment of ore to liberate or 
concentrate its valuable constituents. 
"Beneficiation" includes, but is not limited to, 
crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, 
sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to 
produce a final or intermediate product that does not undergo further beneficiation or 
processing, gravity concentration, magnetic separation, electrostatic separation, flotation, 
ion exchange, solvent extraction, electrowinning, precipitation, amalgamation and dump, 
vat, tank and in situ leaching. 
4. Closure. "Closure" means activities undertaken to manage a mining area and, if 
necessary, an affected area, pursuant to an environmental protection, reclamation and 
closure plan approved by the department. 
"Closure" includes, but is not limited to, 
actions taken to contain metallic mineral wastes on site and to ensure the integrity of 
waste management structures and the permanent securement of pits, shafts and 
underground workings. 
5. 
Contamination. 
As applied to groundwater, "contamination" means 
nonattainment of water quality standards, the cause of which is attributable to a mining 
operation, as: 
A. Specified in rules relating to primary drinking water standards adopted pursuant 
to Title 22, section 2611; or 
B. Demonstrated by a statistically significant change in measured parameters that 
indicates deterioration of water quality determined through assessment monitoring. 
As applied to surface water, "contamination" means a condition created by any direct or 
indirect discharge that causes or contributes to nonattainment of applicable water quality 
or licensing standards under section 414-A or 420. 
The nonattainment may be 
attributable to the mining operation either by itself or in combination with other 
discharges. 
6. 
Exploration. 
"Exploration" or "exploration activity" means the following 
activities when conducted in accordance with rules adopted by the department for the 
purpose of determining the location, extent and composition of metallic mineral deposits: 
test boring, test drilling, hand sampling, the digging of test pits, trenching or outcrop 
stripping for the removal of overburden having a maximum surface opening of 300 
square feet per test pit or trench or other test sampling methods determined by the 
department to cause minimal disturbance of soil and vegetative cover. 
7. Heap or percolation leaching. "Heap or percolation leaching" means a process 
for the primary purpose of recovering metallic minerals in an outdoor environment from a 
stockpile of crushed or excavated ore by percolating water or a solution through the ore 
and collecting the leachate. 
8. Metallic mineral. "Metallic mineral" means any ore or material to be excavated 
from the natural deposits on or in the earth for its metallic mineral content to be used for 
commercial or industrial purposes. "Metallic mineral" does not include thorium or 
uranium. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1371, L.D. 1853 
9. Metallic mineral operator. "Metallic mineral operator" means a permittee or 
other person who is engaged in, or who is preparing to engage in, mining operations for 
metallic minerals, whether individually or jointly or through agents, employees or 
contractors. 
10. Metallic product. "Metallic product" means a commercially salable mineral or 
metal produced primarily for its metallic mineral content in its final marketable form or 
state. 
11. Mining. "Mining," "mining operation" or "mining activity" means activities, 
facilities or processes necessary for the extraction or removal of metallic minerals or 
overburden or for the preparation, washing, cleaning or other treatment of metallic 
minerals and includes the bulk sampling, advanced exploration, extraction or 
beneficiation of metallic minerals as well as waste storage and other stockpiles and 
reclamation activities, but does not include exploration. 
12. Mining area. "Mining area" means an area of land described in a permit 
application and approved by the department, including but not limited to land from which 
earth material is removed in connection with mining, the lands on which material from 
that mining is stored or deposited, the lands on which beneficiating or treatment facilities, 
including groundwater and surface water management treatment systems, are located or 
the lands on which water reservoirs used in a mining operation are located. 
13. Mining permit. "Mining permit" means a permit issued under this article for 
conducting mining and reclamation operations. 
14. Permittee. "Permittee" means a person who is issued a mining permit. 
15. Post-closure monitoring period. "Post-closure monitoring period" means a 
period following closure during which a permittee is required to conduct monitoring of 
groundwater and surface water and other environmental parameters as specified in a 
mining permit. 
16. 
Reclamation. 
"Reclamation" or "reclamation operation" means the 
rehabilitation of the mining area, affected area and any other area of land or water body 
affected by mining under an environmental protection, reclamation and closure plan 
approved by the department. "Reclamation" includes, but is not limited to, stabilization 
of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes 
for grazing purposes, planting of crops for harvest and enhancement of wildlife and 
aquatic resources. 
17. Tailings impoundment. 
"Tailings impoundment" means land on which is 
deposited, by hydraulic or other means, material that is separated from the metallic 
product in the beneficiation or treatment of minerals, including any surrounding dikes 
constructed to contain the material. 
§490-NN. 
Administration and enforcement; rules; regulation by local units of 
government 
1. 
Administration; jurisdiction; rules. 
The department shall administer and 
enforce this article in all areas of the State, including the unorganized territory, in order to 
regulate mining. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~ "to H.P. 1371, L.D. 1853 
A. The provisions of articles 6, 7 and 8-A. chapter 13 and section 420-D do not 
apply to projects reviewed under this article. Projects reviewed under this article do 
not require any other permits from the department except for permits required under 
section 490-00; permits required under article 5-A; waste discharge licenses 
required under section 413 for discharges of pollutants to groundwater via an 
underground injection well or discharges of pollutants to surface waters of the State, 
including permits for construction and industrial discharge issued by the department 
pursuant to 40 Code of Federal Regulations, Section 122.26; licenses required under 
chapter 4; and other permits or licenses issued pursuant to any United States 
Environmental Protection Agency federally delegated program. This article does not 
prohibit the department from adopting rules to implement standards for mining that 
are necessary to protect human health and the environment. 
B. In addition to other powers granted to it, the department shall adopt rules to carry 
out its duties under this article, including, but not limited to, standards for 
exploration, advanced exploration, construction, operation, closure, post-closure 
monitoring, reclamation and remediation. 
Except as otherwise provided, rules 
adopted under this article are major substantive rules for purposes of Title 5, chapter 
375, subchapter 2-A and are subjectto section 341-H. 
2. Maine Land Use Regulation Commission. The department may not approve a 
permit under this article in an unorganized territory unless the Maine Land Use 
Regulation Commission certifies to the department that: 
A. The proposed mining is an allowed use within the subdistrict or subdistricts in 
which it is to be located; and 
B. The proposed mining meets any land use standard established by the Maine Land 
Use Regulation Commission and applicable to the project that is not considered in the 
department's review. 
3. 
Municipal authority. 
This article does not prevent a municipality from 
regulating or controlling mining or reclamation activities that are subject to this article, 
including, but not limited to, construction, operation, closure, post-closure monitoring, 
reclamation and remediation activities. 
§490-00. Mining permit; application procedure 
1. Permit required. A person may not engage in mining without a permit issued by 
the department under this article. 
2. Application procedure. An application for a mining permit must be submitted to 
the department in a format to be developed by the department. The application must 
include the following: 
A. The fees established in section 352. All costs incurred by the department in 
processing an application must be paid for by the applicant; 
B. An environmental impact assessment for the proposed mining operation that 
describes the natural and artificial features, including, but not limited to, groundwater 
and surface water quality, flora, fauna, hydrology, geology and geochemistry and 
baseline conditions for those features in the proposed mining area and affected area 
that may be affected by the mining operation and the potential impacts on those 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1371, L.D. 1853 
features from the proposed mining operation. The environmental impact assessment 
must derme the mining area and the affected area and address practicable alternatives 
to address impacts to the mining area and potential impacts to the affected area. The 
department shall review the environmental impact assessment and may approve, 
reject or require modifications to the assessment; 
C. 
An environmental protection, reclamation and closure plan for the proposed 
mining operation, including beneficiation operations, that will reasonably avoid, 
minimize and mitigate the actual and potential adverse impacts on natural resources, 
the environment and public health and safety within the mining area and the affected 
area. The plan must address unique issues associated with mining and must include, 
but not be limited to, the following: 
(1) A description of materials, methods and techniques that will be used; 
(2) Information that demonstrates that the methods, materials and techniques 
proposed to be used are capable of accomplishing their stated objectives in 
protecting the environment and public health. The required information may 
consist of results of actual testing, modeling, documentation by credible 
independent testing and certification organizations or documented applications in 
similar uses and settings; 
(3) Plans and schedules for interim and final reclamation of the mining area and 
the affected area following cessation of mining operations and plans and 
schedules for measures taken during suspension of operations, including 
contemporaneous reclamation, to the extent practicable; 
(4) 
A description of the geochemistry of the ore, waste rock, overburden, 
peripheral rock, spent leach material and tailings, including characterization of 
leachability, reactivity and acid-forming characteristics; 
(5) A mining operations closure plan; 
(6) Provisions for the prevention, control and monitoring of acid-forming waste 
products and other waste products from the mining process in accordance with 
standards in subsection 4, paragraphs D and E; 
(7) Storm water and surface water management provisions; 
(8) A water quality monitoring plan; 
(9) A description of the wastewater discharge management plan; 
(10) A description of any tailings impoundment and the methods, materials and 
techniques to be used; 
(11) A plan for the storage of hazardous materials; and 
(12) An estimate of costs for reclamation, closure and environmental protection. 
D. A contingency plan that includes an assessment of the risk to the environment and 
public health and safety associated with potential significant incidents or failures 
related to the mining operation and describes the metallic mineral operator's 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
notification and response plans. When the application is accepted as complete for 
processing by the department, the applicant shall provide a copy of the contingency 
plan to each municipality in which the mining area and affected area may be located 
or, in the unorganized territory, to the county commissioners for each county in 
which the mining area or affected area may be located. The department may require 
amendments to the contingency plan; 
E. Financial assurance as described in section 490-RR; and 
F. A list of other state and federal permits or approvals anticipated by the applicant 
to be required. 
3. Permit issuance if violation exists. A mining permit may not be issued or 
transferred to a person if the department has determined that person to be in violation of 
this article, rules adopted under this article, a mining permit, an order of the department 
issued pursuant to this article or any other state law, rule, permit or order that the 
department determines through rulemaking is relevant to the issuance or transfer of a 
mining permit unless the person has corrected the violation or the person has agreed in a 
judicially enforceable document to correct the violation pursuant to a compliance 
schedule approved by the department. 
4. Criteria for approval. Except as provided for in subsection 3, the department 
shall approve a mining permit whenever it finds the following. 
A. The applicant has the financial capacity and technical ability to develop the 
project in a manner consistent with applicable state environmental standards and with 
the provisions of this article. 
B. 
The applicant has made adequate provision for fitting the mining operation 
harmoniously into the existing natural environment and the development will not 
unreasonably adversely affect existing uses, scenic character, air quality, water 
quality or other natural resources. 
(1) 
In making a determination under this paragraph regarding a mining 
operation's effects on natural resources regulated by the Natural Resources 
Protection Act. the department shall apply the same standards applied under the 
Natural Resources Protection Act. 
(2) The applicant must demonstrate that there is reasonable assurance that public 
and private water supplies will not be affected by the mining operations. 
(3) The applicant must demonstrate that rules to protect human health and the 
environment adopted by the department pursuant to this article will be met. 
C. The mining operation will be located on soil types that are suitable to the nature 
of the mining operation. 
D. 
There is reasonable assurance that discharges of pollutants from the mining 
operation will not violate applicable water quality standards. Notwithstanding 
sections 465-C and 470, discharges to groundwater from activities permitted under 
this article may occur within a mining area, but such discharges may not result in 
contamination of groundwater beyond each mining area. In determining compliance 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT 'fl' to H.P. 1371, L.D. 1853 
with this standard, the department shall require groundwater monitoring consistent 
with the standards established pursuant to section 490-00, subsection 3. 
E. The mining operation will not cause a direct or indirect discharge of pollutants 
into surface waters or discharge groundwater containing pollutants into surface 
waters that results in a condition that is in nonattainment of or noncompliance with 
the standards in article 4-A or section 414-A or 420. 
F. Withdrawals of groundwater and surface water related to the mining operation 
will comply with article 4-B. 
G. The applicant has made adequate provision of utilities, including water supplies, 
wastewater facilities and solid waste disposal, required for the mining operation, and 
the mining operation will not have an unreasonable adverse effect on the existing or 
proposed utilities in a municipality or area served by those services. 
H. The mining operation will not unreasonably cause or increase the flooding of the 
area that is altered by the mining operation or adjacent properties or create an 
unreasonable flood hazard to any structure. Mining operations may be placed in 
flood plains or flood hazard areas as long as they are designed, constructed, operated 
and reclaimed in a manner that complies with the approval criteria in this subsection 
and the Natural Resources Protection Act. 
I. The applicant has made adequate provision for protection of public safety. 
J. The mining operation will not use heap or percolation leaching. 
5. Permit coordination. If a person submits an application for a mining permit 
under this article and an application to the department for any other permit required 
pursuant to section 490-NN, subsection 1, the department shall process the applications in 
a coordinated fashion and issue a joint decision. The coordinated permit process must 
include consolidation of public hearings. 
6. Public and local participation. In addition to provisions for public participation 
pursuant to Title 5, chapter 375 and department rules relating to public participation in 
the processing of applications, the following provisions apply to an application for a 
mining permit. 
A. At least 60 days prior to submitting an application to the department. the applicant 
shall notify by certified mail the municipal officers of each municipality in which the 
mining area or affected area may be located or, in the unorganized territory, the 
county commissioners for each county in which the mining area or affected area may 
be located. The applicant at the same time shall provide a copy of the notice to the 
department and the Director of the Bureau of Geology and Natural Areas within the 
Department of Conservation. 
B. At the time an application is submitted to the department. the applicant shall 
provide written notice to the municipal officers of each municipality in which the 
mining area and affected area may be located or, in the unorganized territory, to the 
county commissioners for each county in which the mining area or affected area may 
be located and shall publish notice of the application in a newspaper of general 
circulation in the area. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1371, LD. 1853 
C. The department shall hold an adjudicatory public hearing within the municipality 
in which the mining operation may be located or, in the unorganized territory, in a 
convenient location in the vicinity of the proposed mining operation. Administrative 
expenses of a hearing held pursuant to this paragraph must be paid for by the 
applicant. 
D. The municipal officers, or their designees, from each municipality in which the 
mining area or affected area may be located or, in the unorganized territory, the 
county commissioners, or their designees, for each county in which the mining area 
or affected area may be located have intervenor status if they request it within 60 
days after notification under paragraph B. The intervenor status granted under this 
paragraph applies in any proceeding for a permit under this article. Immediately upon 
the commissioner's receipt of a request for intervenor status under this paragraph, the 
intervenors have all rights and responsibilities commensurate with this status. 
E. 
The commissioner shall reimburse or make assistance grants for the direct 
expenses of intervention of any party granted intervenor status under paragraph D, 
not to exceed $50,000. The department shall adopt rules governing payment by an 
applicant to the department of fees necessary for the department to award intervenor 
assistance grants and governing the award and management of intervenor assistance 
grants and reimbursement of expenses to ensure that the funds are used in support of 
direct, substantive participation in the proceedings before the department. Allowable 
expenses include, without limitation, hydrogeological studies, traffic analyses, the 
retention of expert witnesses and attorneys and other related items. Expenses not used 
in support of direct, substantive participation in the proceedings before the 
department, including attorney's fees related to court appeals, are not eligible for 
reimbursement under this subsection. Expenses otherwise eligible under this 
subsection that are incurred by the municipality or county commissioners after 
notification pursuant to paragraph B are eligible for reimbursement under this 
paragraph only if a completed application is accepted by the department. The 
department shall also establish rules governing the process by which an intervenor 
under paragraph D may gain entry to the proposed mining site for purposes of 
reasonable inspection and site investigations under the auspices of the department. 
Rules adopted pursuant to this paragraph are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
§490-PP. Mining permit; duration; termination; revocation; transfer; amendment 
1. Duration of permit. A mining permit issued by the department remains in effect 
until terminated or revoked by the department. The duration of other permits issued for 
the mining operation must be provided for in those permits. The department shall conduct 
annual reviews of the mining operations and assess compliance with the permit terms. 
2. Termination of permit. After public notice, the department may terminate or 
request surrender of a mining permit if: 
A. The permittee has not commenced construction of mining facilities or conducted 
mining activities covered by the mining permit within 4 years after the effective date 
of the mining permit; or 
COMMITTEE AMENDMENT 
COMMITIEE AMENDMENT "A" to H.P. 1371, L.D. 1853 
B. The permittee has satisfied the requirements of the environmental protection, 
reclamation and closure plan and completed final reclamation of the mining area and, 
if necessary, the affected area and requests the termination of the mining permit and 
the department determines all of the following: 
0) The air, water or other natural resources are not polluted or impaired from the 
mining operation; 
(2) 
The permittee has otherwise fulfilled all conditions determined to be 
necessary by the department to protect the public health, safety and welfare and 
the environment; and 
(3) The requirements for the post-closure monitoring period have been satisfied. 
3. Revocation of permit. The department may revoke a mining permit after public 
notice pursuant to section 490-TT. 
4. Transfer of permit. After public notice and unless otherwise provided in this 
article, a mining permit may be transferred with prior written approval of the department 
in accordance with the provisions of this subsection. 
A. The person acquiring the mining permit shall submit to the department on forms 
provided by the department a request for transfer of the mining permit and shall 
provide the financial assurance required under section 490-RR. 
B. A person acquiring a mining permit must accept the conditions of the existing 
mining permit and adhere to the requirements set forth in this article. 
C. If a permittee is determined by the department to be in violation of this article or 
the rules adopted under this article at the mining site that is the subject of the transfer, 
the mining permit may not be transferred until the permittee has completed the 
necessary corrective actions or the person acquiring the mining permit has entered 
into a written consent agreement to correct all ofthe violations. 
D. A transferee shall demonstrate to the department's satisfaction the technical and 
financial capacity and intent to: 
(1) Comply with all terms and conditions of the mining permit: and 
(2) Satisfy all applicable statutory and regulatory criteria, including, but not 
limited to, providing adequate evidence of the financial assurance required by 
section 490-RR. 
5. Amendment of permit. After public notice, a mining permit may be amended in 
accordance with this subsection. 
A. A permittee may submit to the department a request to amend a mining permit to 
address anticipated changes in the mining operation, including, if applicable, 
amendments to the environmental impact assessment and to the environmental 
protection, reclamation and closure plan. 
B. The department may require a mining permit to be amended if the department 
determines that the terms and conditions of the mining permit are not providing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1371, L.D. 1853 
reasonable protection of the environment, natural resources or public health and 
safety. 
§490-00. Performance, operation and reclamation standards 
1. 
Performance standards. 
Standards adopted by the department through 
rulemaking must be performance-based to the extent feasible, and the department may 
require that the applicant implement control devices or measures necessary to achieve the 
performance standards. If the rules include standards that are not performance-based, the 
rules may allow a permittee to propose an alternative means of compliance that achieves 
equivalent environmental performance. The department is not required to approve the 
proposed alternative means of compliance. If the applicant proposes a control device or 
measure, it must demonstrate that there is reasonable assurance that the device or measure 
will achieve the performance standard. 
2. Suspension of mining operations. If mining operations are suspended for a 
continuous period exceeding 90 days, the permittee shall provide notice to the department 
and take actions, consistent with its environmental protection, reclamation and closure 
plan, to maintain, monitor and secure the mining area and shall conduct any interim 
sloping or stabilizing of surfaces necessary to protect the environment, natural resources 
and public health and safety in accordance with the mining permit. If mining operations 
are suspended for a continuous period exceeding 365 days, the permittee is considered to 
have ceased mining operations and all requirements applicable to closure take effect 
unless the department agrees in writing to delay the implementation of the closure plan 
based on a written submission by the permittee that demonstrates that the mining 
operations are expected to recommence within a reasonable period of time as determined 
by the department. The department may require partial closure of mining operations. 
3. Water quality monitoring. Through rulemaking the department shall establish 
standards for monitoring groundwater as close as practicable to any mining area that may 
pose a threat to groundwater. A permittee shall conduct groundwater and surface water 
monitoring in accordance with the provisions of a mining permit during mining 
operations, during suspension of mining operations, during closure and during the post-
closure monitoring period. The post-closure monitoring period must be at least 30 years 
following cessation of mining, subject to the following conditions. 
A. The permittee shall provide to the department a written request to terminate post-
closure monitoring not less than 18 months before the proposed termination date and 
shall provide the department with technical data and information demonstrating the 
basis for the termination of the post-closure monitoring. 
B. The department may shorten the post-closure monitoring period at any time upon 
determining that there is no significant potential for water contamination resulting 
from the mining operation. 
C. The department shall extend the post-closure monitoring period in increments of 
up to 20 years unless the department determines, approximately one year before the 
end of a post-closure monitoring period or post-closure incremental monitoring 
period, that there is no significant potential for surface water or groundwater 
contamination resulting from the mining operation. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A" to H.P. 1371, L.D. 1853 
4. Reclamation. The following reclamation requirements apply. 
A. Except as provided in paragraph B, a permittee shall commence and complete 
final reclamation of a mining area and, if necessary, any affected area consistent with 
mining permit conditions and the environmental protection, reclamation and closure 
plan approved by the department. 
B. Upon written request of a permittee, the department may approve an extension of 
time to begin or complete final reclamation. 
C. Both the mining area and the affected area must be reclaimed with the goal that 
the affected area be returned to the ecological conditions that approximate pre-mining 
conditions to the extent feasible and practicable and considering any changes caused 
by non-mining activities or other natural events. 
D. Following closure and reclamation, the landowner or lessee of a mining area in an 
unorganized territory shall petition the Maine Land Use Regulation Commission for 
rezoning to an appropriate subdistrict designation. 
5. Inspection and maintenance. A permittee shall fully comply with all inspection, 
maintenance and monitoring requirements contained in a mining permit. After closure, 
mining areas and affected areas must be inspected at least twice per year. All waste piles 
and impoundments or any other pile or storage facility must be inspected by a licensed 
civil engineer with expertise in structural stability of waste piles and impoundments. The 
engineer shall either certify that the mining area and affected area are in good condition 
and not susceptible to failure due to significant weather, seismic or other events or 
identify the corrective measures that must be undertaken by the permittee. 
The 
inspections must document that all permit requirements, including storm water control, 
sediment and erosion control, dust migration, access controls, land use restrictions, waste 
pile or impoundment stabilization measures and treatment systems are fully compliant 
with the mining permit conditions and that there are no known conditions that could 
present an unreasonable threat to public health and safety or the environment. 
A 
permittee shall notify the department of any recommended corrective measures as soon as 
practicable after the inspection. A permittee shall submit an inspection report to the 
department within 21 days after the inspection. 
§490-RR. Financial assurance 
1. Duration of financial assurance. A permittee shall maintain financial assurance 
during mining operations until the department determines that all reclamation has been 
completed and during the post-closure monitoring period except that financial assurance 
must be reduced or released immediately upon termination of a mining permit under 
section 490-PP, subsection 2, paragraph A. The department may require financial 
assurance to remain in effect for as long as the mining operation and any associated waste 
material could create an unreasonable threat to public health and safety or the 
environment. 
2. 
Coverage of financial assurance. 
The financial assurance required under 
subsection 1 applies to all mining and reclamation operations that are subject to a mining 
permit and must be sufficient to cover the cost for the department to administer, and hire 
a 3rd party to implement. activities necessary for the investigation, monitoring, closure, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to H.P. 1371, L.D. 1853 
treatment, remediation, reclamation, operation and maintenance under the environmental 
protection, reclamation and closure plan as well as other necessary environmental 
protection measures, including remediation of any contamination of the air, surface water 
or groundwater. 
3. Form of financial assurance. The financial assurance may consist of a surety 
bond, escrow, cash, certificate of deposit, trust, irrevocable letter of credit issued by a 
financial institution acceptable to the department. or other equivalent security, or 
combination thereof, as long as the department approves the financial assurance as 
proposed by the applicant. When determining the appropriate security to require, the 
department shall take into consideration the type and location of the mining operation and 
the type of security that is adequate to protect the State's financial interest. The financial 
assurance must be in a form that cannot be cancelled, withdrawn, revoked or otherwise 
reduced without the express written consent of the commissioner after a finding that the 
reduced amount is appropriate given the conditions related to the mining operation, 
including, but not limited to, the potential cost oflong-term maintenance and monitoring, 
closure and any necessary response to episodic maintenance. 
4. Updates to financial assurance. A permittee shall provide to the department an 
annual statement of fmancial responsibility, and the department may require that the 
financial assurance be adjusted to ensure that the financial assurance is sufficient for the 
purposes of subsection 2. 
5. Failure to provide financial assurance. Failure to provide financial assurance 
under this section constitutes grounds for the department to order immediate suspension 
of mining activities pursuant to section 490-TT, including, but not limited to, the removal 
of metallic product from the mining area. 
§490-SS. Mining and reclamation report 
1. Filing requirement. A permittee shall file with the department a mining and 
reclamation report on or before March 15th of each year, during the period the mine is 
operating, during suspension of mining operations and during the post-closure monitoring 
period. The mining and reclamation report must contain the following: 
A. A description of the status of mining and reclamation operations; 
B. An update of the contingency plan. The permittee shall provide a copy of the 
update to the municipality or county commissioners, as applicable; 
C. A report of monitoring results for the preceding calendar year; 
D. A report of the total tons of material mined from the mining area and the amount 
of metallic product by weight produced from the mine for the preceding calendar 
year; and 
E. A list of the notifications required under subsection 2 for the preceding calendar 
year. 
2. Notification requirement. A permittee shall promptly notify the department and 
each municipality in which the mining area and the affected area are located, or, in the 
unorganized territory, the county commissioners for each county in which the mining 
area and the affected area are located, of any incident. act of nature or exceedance of a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1371, L.D. 1853 
permit standard or condition related to the mining operation that has created, or may 
create, a threat to the environment, natural resources or public health and safety. 
3. Records. Records must be retained as follows. 
A. Records upon which mining and reclamation reports are based must be preserved 
by the permittee for 6 years. The permittee shall make the records available to the 
department upon request. 
B. 
Records upon which incident reports under subsection 2 are based must be 
preserved by the permittee for 6 years or until the end of the post-closure monitoring 
period, whichever is later. 
§490-TT. Violations 
1. Permittee required to correct violations. If the department determines that a 
permittee has violated this chapter, a rule adopted under this article, an order of the 
department or a mining permit issued under this article, the department shall require the 
permittee to correct the violation and the department may pursue enforcement action 
pursuant to sections 347-A, 348 and 349. 
2. Imminent endangerment. If the department determines that a violation under 
subsection 1 is causing or resulting in an imminent and substantial endangerment to the 
public health or safety, environment or natural resources, the department shall take action 
necessary to abate or eliminate the endangerment. Such action may include one or more 
of the following: 
A. Revoking the mining permit as authorized by section 342, subsection II-B; 
B. Issuing an order to the permittee requiring immediate suspension of mining 
activities, including, but not limited to, the removal of metallic product from the site; 
C. Issuing an order to the permittee to undertake such other response actions as may 
be necessary to abate or eliminate the endangerment; and 
D. Issuance of an emergency order as authorized by section 347-A. subsection 3. 
3. Effect of revocation or suspension. The revocation of a mining permit or 
suspension of mining activities under subsection 2 does not relieve a permittee of the 
responsibility to complete closure, reclamation, operation and maintenance and 
monitoring, to maintain financial assurance required under section 490-RR and to 
undertake all appropriate measures to protect the environment, natural resources and 
public health and safety. 
4. Compliance with Maine Administrative Procedure Act. The department shall 
comply with the Maine Administrative Procedure Act in its actions under this section. 
Sec. 24. 38 MRSA §633, suh-§2, as amended by PL 1989, c. 878, Pt. G, §8, is 
further amended to read: 
2. Exceptions. This subarticle shttH does not apply to activities for which, prior to 
the effective date of this Act, a permit or permits have been issued pursuant to any of the 
following laws: Land use regulation laws, Title 12, sections 681 to 689; stream alteration 
laws, former sections 425 to 430; great ponds laws, former sections 391 to 394; alteration 
of coastal wetlands laws, former sections 471 to 478; site location of development laws, 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A"tOH.P.1371,L.D.1853 
sections 481 to 49G 489-E; and small hydroelectric generating facilities laws, this 
subarticle. 
Sec. 25. 38 MRSA §840, sub-§l, ~, as amended by PL 1995, c. 630, §2, is 
further amended to read: 
D. 
Operating with a permit setting water levels issued under the protection of 
natural resources laws, sections 480-A to 480-S; the site location of development 
laws, sections 481 to 49G 489-E; the small hydroelectric generating facilities laws, 
sections 631 to 636; the land use regulation laws, Title 12, sections 681 to 689; or any 
other statute regulating the construction or operation of dams; 
Sec. 26. 38 MRSA §1319-E, sub-§l, ~, as amended by PL 1993, c. 355, §54, 
is further amended to read: 
E. Costs incurred in the inspection or supervision of hazardous waste, waste oil and 
biomedical waste activities and handlers; and 
Sec. 27. 38 MRSA §1319-E, sub-§l,~, as amended by PL 1993, c. 355, §54, is 
repealed. 
Sec. 28. Mining Oversight Fund; legislative intent. It is the Legislature's 
intent that the Mining Oversight Fund created in the Maine Revised Statutes, Title 36, 
section 2866 be used only for its intended purpose to fund oversight of metallic mineral 
mining operations by the Department of Environmental Protection and the Metallic 
Mineral Fund created in the Maine Revised Statutes, Title 38, section 351 be used only 
for its intended purpose to provide for prompt and effective planning, oversight and 
implementation of metallic mineral mining operations and these funds should not be 
appropriated or allocated to any other purpose. 
Sec. 29. 
Maine Land Use Regulation Commission rulemaking; issue 
screening. 
1. Rulemaking; rezoning process. By January 15, 2013, the Maine Land Use 
Regulation Commission shall amend its rules relating to procedures and requirements for 
changes to land use subdistrict boundaries for metallic mineral mining activities to 
remove any provisions related to the permitting of metallic mineral mining activities 
regulated under the Maine Metallic Mineral Mining Act established in the Maine Revised 
Statutes, Title 38, chapter 3, subchapter 1, article 9. The amended rules may only relate 
to the procedures and requirements necessary to review a rezoning application. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. Prior to adoption of rules pursuant to this subsection, when 
reviewing an application for changes to a land use subdistrict boundary, the commission 
may only apply procedures and requirements necessary to review the rezoning and may 
not apply procedures and requirements related to environmental permitting regulated by 
the Department of Environmental Protection under the Maine Metallic Mineral Mining 
Act. 
2. Issue screening. Within existing resources, or as resources become available 
through donations, the Maine Land Use Regulation Commission shall collect information 
regarding issues likely to arise in the rezoning of certain areas for metallic mineral mining 
for the purpose of making the rezoning process more efficient and complete. 
COMMITTEE AMENDMENT 
COMMlITEE AMENDMENT 'A" to H.P. 1371, L.D. 1853 
3. Rulemaking; commission certification of mining permit applications. By 
January 10,2014, the Maine Land Use Regulation Commission shall provisionally adopt 
and submit to the Legislature for review rules related to commission certification of 
metallic mineral mining permit applications as described in the Maine Metallic Mineral 
Mining Act established pursuant to the Maine Revised Statutes, Title 38, chapter 3, 
subchapter 1, article 9. Rules adopted pursuant to this subsection are major substantive 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 30. 
Department of Environmental Protection major substantive 
rulemaking. 
1. Rulemaking. By January 10,2014, the Department of Environmental Protection 
shall provisionally adopt and submit to the Legislature for review rules related to the 
Maine Metallic Mineral Mining Act established pursuant to the Maine Revised Statutes, 
Title 38, chapter 3, subchapter 1, article 9. Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
2. Standards. The rules adopted pursuant to subsection 1 must include standards 
determined by the department to be necessary to protect the public health and safety and 
the environment. Standards adopted by the department may include, but are not limited 
to, standards regarding effects on groundwater quantity, control of noise, preservation of 
historic sites, preservation of unusual natural areas, effects on scenic character and 
protection of wildlife and fisheries. 
3. Maine Land Use Regulation Commission certification. The rules adopted 
pursuant to subsection 1 relating to the permitting process for a mining permit must 
provide for Maine Land Use Regulation Commission certification pursuant to the Maine 
Revised Statutes, Title 38, section 490-NN, subsection 2 in the initial stages of the 
permitting process. 
Sec. 31. 
rulemaking. 
Existing rules; exploration and advanced exploration; 
1. Existing rules. Except as otherwise provided in this section, rules regulating 
metallic mineral mining adopted by the Department of Environmental Protection and the 
Maine Land Use Regulation Commission prior to the effective date of this section remain 
in effect until the Legislature approves major substantive rules provisionally adopted by 
the Department of Environmental Protection pursuant to this Act. 
2. Exploration and advanced exploration. The Department of Environmental 
Protection and the Maine Land Use Regulation Commission shall jointly amend their 
rules related to exploration and advanced exploration activities to clarify the permitting 
requirements for exploration and advanced exploration. Rules adopted pursuant to this 
subsection remain in effect until the Legislature approves major substantive rules 
provisionally adopted by the Department of Environmental Protection pursuant to this 
Act. Rules adopted pursuant to this subsection are routine technical rules as defined in the 
Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
Sec. 32. Appropriations and allocations. The Metallic Mining Fund, Other 
Special Revenue Funds account is established as a nonlapsing fund under the jurisdiction 
and control of the Department of Environmental Protection. The Metallic Mining Fund is 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 1371, L.D. 1853 
established to provide for the capacity for prompt and effective planning, oversight and 
implementation of metallic mining operations. Notwithstanding any other provision of 
law, the State Controller shall transfer $250,000 from the Uncontrolled Sites Fund under 
the Maine Revised Statutes, Title 38, section 1364, subsection 6 and $250,000 from the 
Ground Water Oil Clean-up Fund under Title 38, section 569-A to the Metallic Mining 
Fund, Other Special Revenue Funds account within the Department of Environmental 
Protection on or before September 30,2013. 
Sec. 33. Effective date. Those sections of this Act that amend the Maine Revised 
Statutes, Title 12, Title 36 and Title 38 take effect June 1,2014.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Environment and Natural Resources and replaces the bill, which is a concept draft. The 
amendment creates a statutory framework for the regulation of metallic mineral mining in 
the State by the Department of Environmental Protection. Under current law, metallic 
mineral mining in the unorganized territories is regulated by the Maine Land Use 
Regulation Commission. Under the amendment, beginning in January 2014, regulation 
of metallic mineral mining is no longer regulated under the site location of development 
laws but is regulated under the Maine Metallic Mineral Mining Act. Existing Maine 
Land Use Regulation Commission and Department of Environmental Protection rules 
relating to metallic mineral mining remain in effect until the Legislature approves major 
substantive rules provisionally adopted by the Department of Environmental Protection, 
except that the Department of Environmental Protection and the Maine Land Use 
Regulation Commission are directed to amend their rules regarding exploration and 
advanced exploration through routine technical rulemaking. The amendment transfers 
$250,000 from the Uncontrolled Sites Fund and $250,000 from the Ground Water Oil 
Clean-up Fund to the Metallic Mining Fund, Other Special Revenue Funds account. 
FISCAL XOT£ REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11/12 ;lYac 
LD 1853 
LR2825(02) 
An Act To Improve Environmental Oversight and Streamline Permitting for Mining in Maine 
FIscal Note for Bill as Amended by Committee Amendment ,A" CH -qLj{)) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY2011-12 
FY 2012-13 
Projections 
FY 2013-14 
Projections 
FY 2014-15 
Appropriations/Allocations 
Other Special Revenue Funds 
Transfers 
Other Special Revenue Funds 
Fiscal Detail and Notes 
$0 
$0 
$0 
$250,000 
$250,000 
$0 
$0 
$0 
The bill provides a revised statutory framework to regulate mining activity and designates the Department of 
Environmental Protection (DEP) as the agency responsible for permitting and regulating the development, operation 
and closure of metallic mining activities in the State. The DEP is charged with a number of rulemaking obligations, 
including but not limited to developing standards for exploration, advanced exploration, construction, operation, 
closure, postc1osure monitoring, reclamation and remediation. In the case of property located within the unorganized 
territory, the Land Use Regulatory Commission (LURe) must certify that the proposed mining is an allowed use 
within the district in which it is located and that the proposed mining meets any standards established by LURC that 
are not considered in the DEP's review. 
The bill establishes the Metallic Mining Fund as a nonlapsing fund under the jurisdiction and control of the DEP. 
The Fund will be used to pay for expenses incurred in the development and implementation of required rules and 
regulations. DEP estimates that rulemaking expenses will total approximately $500,000 over the 2014-2015 biennium. 
The Fund will require an allocation of $250,000 in fiscal year 2013-14 and $250,000 in fiscal year 2014-15 and will 
be funded by transferring $250,000 from the Groundwater Oil Clean-up Fund and $250,000 from the Uncontrolled 
Sites Fund by September 30,2013. The Metallic Mining Fund will also receive fees as provided in the bill. 
LR2825(02) - Fiscal Note - Page 1 of 1