An Act To Protect Local Communities When a Mining Project Is Terminated
Maine Legislature, Session 126, LD 1324
Committee: Environment and Natural Resources
Sponsors: KRUGER, CHAPMAN, EVANGELOS, MITCHELL, STUCKEY, LANGLEY
Amends: 36 MRSA §2861, 36 MRSA §2866, 38 MRSA §352

Legislative Document 
No. 1324 
H.P. 948 
House of Representatives, April 3, 2013 
An Act To Protect Local Communities When a Mining Project Is 
Terminated 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative KRUGER of Thomaston. 
Cosponsored by Representatives: CHAPMAN of Brooksville, EVANGELOS of Friendship, 
MITCHELL of the Penobscot Nation, STUCKEY of Portland, Senator: LANGLEY of 
Hancock. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  36 MRSA §2861, sub-§6, as enacted by PL 1991, c. 883, §4 and amended 
by PL 2011, c. 682, §38, is further amended to read: 
6.  Corrective action; 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 in municipalities not under the 
jurisdiction of the Maine Land Use Planning Commission to be deposited in the Mining 
Corrective Action Oversight Fund.  Money in this fund is available to municipalities to 
fund corrective action and for oversight of mining activity as defined by rule by the 
Department of Environmental Protection in relation to metallic mineral exploration. 
Sec. 2.  36 MRSA §2866, as enacted by PL 1991, c. 883, §8 and amended by PL 
2011, c. 682, §38, is further amended to read: 
§2866.  Mining Oversight Fund 
1.  Creation of fund.  The Mining Corrective Action 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. 
3.  Scope of corrective action.  The fund may be used only for corrective action for 
mining operations located in municipalities. 
4.  Uses of fund.  Money from the fund may be used only to fund corrective action as 
defined in the mining rules adopted by the Department of Environmental Protection and 
the Maine Land Use Planning Commission and oversight of mining activity as provided 
in the mining rules adopted by the Department of Environmental Protection under the 
Maine Metallic Mineral Mining Act.  Corrective action includes, but is not limited to, 
remedial action related to: 
A.  Contaminated ground water; 
B.  Disposition of mining wastes; 
C.  Reclamation defects on or surrounding the site; and 
D.  Pollution control at the site. 
5.  Restrictions and liability.  Money from the fund may be used only for corrective 
action necessary to address problems that occur at the site may only be used following 
termination of mining operations and closure of the mine.  Corrective action necessary 
during the operation of a mine must be funded by the mining company.  The existence of 
this fund does not relieve a mining company of any liability or responsibility arising from 
a corrective action following termination of its mining operation in a municipality. 
6.  Disposition of fund.  When corrective action is necessary in accordance with this 
section, the board shall provide funds for remedial activities at the site on a pro rata basis 
to ensure that funds are available for any necessary corrective action at other sites.  This 
determination is based on the amount of excise tax revenues generated at each site. 
7.  Depletion of fund.  Following termination of mining operations, the mining 
company and, in the case of a mining company that is a subsidiary of a corporation, the 
parent company remain liable for any corrective action determined necessary by the 
board.  If the contributions of the mining company to the fund are insufficient to fund 
corrective action, the mining company or its successor, if the company has been sold, 
remains liable for the costs of corrective action.  If the mining company ceases to exist, 
the parent company, if any, is liable for any necessary corrective action.  Any funds 
expended for corrective action as provided in this section must be reimbursed in full by 
the mining company, its successor or its parent corporation. 
Sec. 3.  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 Mining Oversight Fund under Title 
36, section 2061. 
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. 
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. 4.  PL 2011, c. 653, §§4, 5, 6, 9, 11, 28 and 32 are repealed. 
Sec. 5.  Effective date.  This Act takes effect June 1, 2014, except that section 4 of 
this Act takes effect 90 days after the adjournment of the First Regular Session of the 
126th Legislature. 
SUMMARY 
This bill returns to the Mining Oversight Fund the purposes of corrective action that 
were removed in amendments to the laws governing the fund, which was originally called 
the Mining Corrective Action Fund, that take effect in 2014, to assist municipalities 
remediating environmental problems that occur at mine sites following termination of 
mining operations.