reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 490-N (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT|38 §490-N. Release

 §490-N. Release The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department. The department shall inspect the site before making this determination. The release will terminate if any further excavation on the parcel for borrow, clay, topsoil or silt is proposed by the owner or operator or a transferee. A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490-C and comply with all requirements of this article. Payment of the annual fee under section 490-J will resume in the year when the further excavation begins.   [PL 2005, c. 158, §8 (NEW).]SECTION HISTORY PL 2005, c. 158, §8 (NEW).
38 ME Rev Stat § 490-P (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-P. Definitions (REPEALED)

 §490-P. Definitions (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-Q (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-Q. Applicability (REPEALED)

 §490-Q. Applicability (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-R (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-R. Notice of intent to comply (REPEALED)

 §490-R. Notice of intent to comply (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-S (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-S. Performance standards for quarries (REPEALED)

 §490-S. Performance standards for quarries (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-T (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-T. Inspections (REPEALED)

 §490-T. Inspections (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-V (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8: PERFORMANCE STANDARDS FOR SMALL ROAD QUARRIES|38 §490-V. Repeal (REPEALED)

 §490-V. Repeal (REPEALED)SECTION HISTORY PL 1995, c. 287, §18 (NEW). MRSA T. 38 §490-V (RP).
38 ME Rev Stat § 490-X (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-X. Applicability

 §490-X. Applicability This article applies to any quarry, including reclaimed and unreclaimed areas, if the quarry is more than one acre in size, the total excavated area including adjacent parcels under a common owner or operator is more than one acre in size or underground production blasting is proposed.   [PL 2007, c. 297, §8 (AMD).]This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission.   [PL 1995, c. 700, §35 (NEW); PL 2011, c. 682, §38 (REV).]This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article.   [PL 1995, c. 700, §35 (NEW).]A person with a valid permit for a quarry under article 6 must operate that quarry in compliance with the terms and conditions of that permit. Any modification of the permit must be in conformance with section 484. A person with a permit under article 6 may file a notice of intent to comply with this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article.   [PL 1995, c. 700, §35 (NEW).]SECTION HISTORY PL 1995, c. 700, §35 (NEW). PL 2007, c. 297, §8 (AMD). PL 2011, c. 682, §38 (REV).
38 ME Rev Stat § 490-AA (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-AA. Inspections

 §490-AA. Inspections The department may periodically inspect a site, examine relevant records of the owner or operator of a quarry, take samples and perform tests necessary to determine compliance with the provisions of this article.   [PL 1995, c. 700, §35 (NEW).]SECTION HISTORY PL 1995, c. 700, §35 (NEW).
38 ME Rev Stat § 490-BB (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-BB. Enforcement and penalties

 §490-BB. Enforcement and penalties The department shall administer and enforce the provisions of this article.   [PL 1995, c. 700, §35 (NEW).]1.  Stop-work order.  The department may order the owner or operator of a quarry that is not operating in compliance with this article to cease operations until the noncompliance is corrected.   [PL 1995, c. 700, §35 (NEW).] 2.  Penalty.  A person who violates a provision of this article commits a civil violation and is subject to the penalties established under section 349. Penalties assessed for enforcement actions taken by the State are payable to the State.   [PL 1995, c. 700, §35 (NEW).] 3.  Reclamation.  If, after an opportunity for a hearing, the commissioner determines that the owner of an excavation site or the person who was engaged in the excavation activity at the excavation site has violated this article, the commissioner shall direct the department staff or contractors under the supervision of the commissioner to enter on the property and carry out the necessary reclamation. The person engaged in mining or any affiliated person who guarantees performance at the excavation site is liable for the reasonable expenses of this necessary reclamation. The commissioner may use the bond or other security paid under section 490-Z, subsection 13, paragraph F to meet the reasonable expenses of reclamation.   [PL 1995, c. 700, §35 (NEW).] SECTION HISTORY PL 1995, c. 700, §35 (NEW).
38 ME Rev Stat § 490-CC (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-CC. Variances

 §490-CC. Variances An owner or operator must comply with the performance standards in section 490-Z unless a variance from those performance standards is approved by the department. Except when prohibited by section 490-Z, the department may grant a variance from the performance standards in this article if the owner or operator affirmatively demonstrates to the department that the variance does not adversely affect natural resources or existing uses and does not adversely affect the health, safety and general welfare of the public. The department may adopt rules that set forth the standards for granting a variance from the performance standards in this article. Such rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A. A variance application must include any fee applicable under section 490-EE. The department shall process the variance application according to chapter 2 and the rules adopted by the department for processing an application. An applicant for a variance under this article shall hold a public informational meeting as described in those rules.   [PL 2005, c. 602, §7 (AMD).]The department shall publish a timetable for responding to variance applications in the same manner prescribed in section 344-B. A variance is not valid unless approved by the department and, if a municipality is the regulator, the municipality. In making its decision on a variance application, the department shall consider comments or information received and the compliance record of the owner or operator. The department shall inform the owner or operator of any significant concerns or issues raised.   [PL 1995, c. 700, §35 (NEW).]SECTION HISTORY PL 1995, c. 700, §35 (NEW). PL 2005, c. 602, §7 (AMD).
38 ME Rev Stat § 490-DD (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-DD. Municipal enforcement; registration

 §490-DD. Municipal enforcement; registration A municipality may register for authority to enforce this article by adopting and submitting to the commissioner an ordinance that meets or exceeds the provisions of this article. The commissioner shall review that ordinance to determine whether that ordinance meets the provisions of this article and if the municipality has adequate resources to enforce the provisions of this article. If the commissioner determines that the ordinance meets the provisions of this article and that the municipality has the resources to enforce this article, the commissioner shall register that municipality for authority to enforce this article. Immediately upon approval by the commissioner, primary enforcement authority for this article vests in that municipality. The commissioner may not approve an ordinance under this section unless the ordinance requires that any request for a variance from the standards in the article be approved by the commissioner before the variance is valid.   [PL 1995, c. 700, §35 (NEW).]1.  Relation to home rule.  This section may not be construed to limit a municipality's authority under home rule to adopt ordinances regulating quarries.   [PL 1995, c. 700, §35 (NEW).] 2.  Optional participation.  This article may not be construed to require a municipality to adopt any ordinance.   [PL 1995, c. 700, §35 (NEW).] 3.  Suspension of approval.  The commissioner may act to enforce any provision of this article or suspend the registration of a municipality if the commissioner determines that a municipal ordinance no longer conforms to the provisions of this article or that the municipality is not adequately enforcing this article. The commissioner shall notify a municipality of any such determination in writing. Suspension of municipal registration by the commissioner does not void or in any way affect a municipal ordinance or in any way limit the municipality's authority to enforce the provisions of its ordinance.   [PL 1995, c. 700, §35 (NEW).] 4.  Appeal.  A municipality may appeal to the board any decision of the commissioner under this section. Any decision by the board on appeal by a municipality constitutes final agency action.   [PL 1995, c. 700, §35 (NEW).] SECTION HISTORY PL 1995, c. 700, §35 (NEW).
38 ME Rev Stat § 490-FF (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES|38 §490-FF. Release

 §490-FF. Release The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department. The department shall inspect the site before making this determination. The release will terminate if any further excavation on the parcel is proposed by the owner or operator or a transferee. A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490-Y and comply with all requirements of this article. Payment of the annual fee under section 490-EE will resume in the year when the further excavation begins.   [PL 2005, c. 158, §17 (NEW).]SECTION HISTORY PL 2005, c. 158, §17 (NEW).
38 ME Rev Stat § 490-LL (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 9: MAINE METALLIC MINERAL MINING ACT|38 §490-LL. Short title

 §490-LL. Short title This article may be known and cited as "the Maine Metallic Mineral Mining Act."   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]SECTION HISTORY PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 490-SS (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 9: MAINE METALLIC MINERAL MINING ACT|38 §490-SS. Mining and reclamation report

 §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;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]B. An update of the contingency plan. The permittee shall provide a copy of the update to the municipality or county commissioners, as applicable;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]C. A report of monitoring results for the preceding calendar year;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]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   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]E. A list of the notifications required under subsection 2 for the preceding calendar year.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).][PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] 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 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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] 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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).][PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] SECTION HISTORY PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 490-TT (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 9: MAINE METALLIC MINERAL MINING ACT|38 §490-TT. Violations

 §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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] 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 11-B;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]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;   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]C. Issuing an order to the permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment; and   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]D. Issuance of an emergency order as authorized by section 347-A, subsection 3.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).][PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] 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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] 4.  Compliance with Maine Administrative Procedure Act.  The department shall comply with the Maine Administrative Procedure Act in its actions under this section.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] SECTION HISTORY PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 491 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 2: INTERSTATE WATER POLLUTION CONTROL|Article 1: COMPACT|38 §491. Applicability of provisions -- Article I

 §491. Applicability of provisions -- Article I It is agreed between the signatory states that this compact shall apply to streams, ponds and lakes which are contiguous to 2 or more signatory states or which flow through 2 or more signatory states or which have a tributary contiguous to 2 or more signatory states or flowing through 2 or more signatory states, and shall apply to tidal waters ebbing and flowing past the boundaries of 2 states.
38 ME Rev Stat § 491-A (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 2: INTERSTATE WATER POLLUTION CONTROL|Article 1: COMPACT|38 §491-A. Reaffirmation of support -- Article I-A

 §491-A. Reaffirmation of support -- Article I-A The State reaffirms its support of the cooperative approach to the abatement and control of water pollution as embodied in the New England Interstate Water Pollution Control Compact. In view of the increases in population concentrations, the growing need of industry and agriculture for water of reasonable quality and the quality requirements of water based recreation and other uses, the New England Interstate Water Pollution Control Commission shall develop and maintain its programs, including research on water quality problems, at such levels, including, to the extent necessary, levels above those originally provided when this State first enacted the compact, as may be appropriate.   [PL 1969, c. 166, §1 (NEW).]SECTION HISTORY PL 1969, c. 166, §1 (NEW).
38 ME Rev Stat § 492 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 2: INTERSTATE WATER POLLUTION CONTROL|Article 1: COMPACT|38 §492. Creation of commission -- Article II

 §492. Creation of commission -- Article II The New England Interstate Water Pollution Control Commission, as heretofore created and in this subchapter referred to as the commission, shall be a body corporate and politic, having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the act or acts of a signatory state concurred in by the others.   This State concurs in the conferring of any powers or duties on the New England Interstate Water Pollution Control Commission by other states in addition to those conferred by provision of this compact.   [PL 1969, c. 166, §2 (NEW).]The concurrence is subject to the following limitations:   [PL 1969, c. 166, §2 (NEW).]1.  Limitations.  Unless this State specifically confers a power or duty on the commission, other than one conferred by the compact itself, no financial or other burden or duties shall be placed upon this State, or any agency, officer or subdivision thereof by reason of the conferring or exercise of the powers or duty. At any time, the Governor, Attorney General or the Treasurer of State shall have the power to make inquiry of the commission and to examine its books and records in order to ascertain the state of compliance with this compact.   [PL 1969, c. 166, §2 (NEW).] 2.  Rights.  The rights, privileges and responsibilities of this State with respect to the New England Interstate Water Pollution Control Compact and the commission established thereby shall not be limited or impaired.   [PL 1969, c. 166, §2 (NEW).] 3.  Account.  The commission shall include in its annual report to the Governor and the Legislature of this State a full account of any additional powers or duties administered by it.   [PL 1969, c. 166, §2 (NEW).] SECTION HISTORY PL 1969, c. 166, §2 (AMD).
38 ME Rev Stat § 493 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 2: INTERSTATE WATER POLLUTION CONTROL|Article 1: COMPACT|38 §493. Membership of commission -- Article III

 §493. Membership of commission -- Article III The commission shall consist of 5 commissioners from each signatory state, each of whom shall be a resident voter of the state from which he is appointed. The commissioners shall be chosen in the manner and for the terms provided by law of the state from which they shall be appointed. For each state there shall be on the commission a member representing the state health department, a member representing the state water pollution control board, if such exists, and, except where a state in its enabling legislation decides that the best interests of the state will be otherwise served, a member representing municipal interests, a member representing industrial interests and a member representing an agency acting for fisheries or conservation.