reglab/housing_qa huggingface dataset:
38 ME Rev Stat § 489-C (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 6: SITE LOCATION OF DEVELOPMENT|38 §489-C. Rescission

 §489-C. Rescission The commissioner shall rescind a permit upon request and application of the permittee if no outstanding permit violation exists, the development is not continued or completed and the following requirements are met:   [PL 1995, c. 493, §9 (AMD).]1.  Development other than a subdivision.  The permittee has not constructed or caused to be constructed, or operated or caused to be operated, a development other than a subdivision as defined at the time of permit issuance;   [PL 1995, c. 493, §9 (AMD).] 2.  Subdivision.  If the development is a subdivision, the permittee has not sold or leased or caused to be sold or leased more than 4 lots; or   [PL 1995, c. 493, §9 (AMD).] 3.  Reclamation following borrow, clay or topsoil mining.  If the permittee has constructed or caused to be constructed, or operated or caused to be operated a development consisting of an excavation of more than 5 acres of land for borrow, topsoil, clay or silt, whether alone or in combination, and the department determines that:   A. The affected area has been successfully reclaimed;   [PL 1995, c. 493, §9 (NEW).]B. There are not continuing requirements; and   [PL 1995, c. 493, §9 (NEW).]C. There will be no additional mining for borrow, clay or topsoil by the permittee or any transferee at any time as provided by deed covenants enforceable by the department.   [RR 1995, c. 2, §99 (COR).][RR 1995, c. 2, §99 (COR).] A rescission is considered a minor revision.   [PL 1993, c. 383, §29 (NEW).]SECTION HISTORY RR 1993, c. 1, §122 (RNU). PL 1993, c. 383, §29 (NEW). RR 1995, c. 2, §99 (COR). PL 1995, c. 493, §9 (AMD).
38 ME Rev Stat § 489-D (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 6: SITE LOCATION OF DEVELOPMENT|38 §489-D. Technical assistance to municipalities

 §489-D. Technical assistance to municipalities A state department or agency shall provide technical assistance to a municipality in the form of a peer review of development studies when the state capacity and resources exist.   [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).]1.  Costs.  A state department or agency may charge a municipality for this assistance under this section. A municipality may recover these costs from the developer.   [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).] 2.  Type of development.  The following provisions apply to assistance under this section.   A. Assistance is available for the review of site location issues arising from a proposal for a subdivision of at least 5 lots and 20 acres and for a proposal for a development that has at least 3 acres of buildings, parking lots, roads, paved areas, wharves or areas to be stripped or graded and not revegetated and not subject to review by the department under this article.   [PL 1995, c. 704, Pt. A, §22 (NEW); PL 1995, c. 704, Pt. C, §2 (AFF).]B. A municipality may also obtain technical assistance in the form of a peer review from a private consultant or regional council and may recover costs from the developer for a project of any size. The Department of Agriculture, Conservation and Forestry has the authority to establish rules as necessary for this purpose.   [PL 2011, c. 655, Pt. JJ, §33 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).][PL 2011, c. 655, Pt. JJ, §33 (AMD); PL 2011, c. 655, Pt. JJ, §41 (AFF); PL 2011, c. 657, Pt. W, §5 (REV).] SECTION HISTORY PL 1995, c. 704, §A22 (NEW). PL 1995, c. 704, §C2 (AFF). PL 2011, c. 655, Pt. JJ, §33 (AMD). PL 2011, c. 655, Pt. JJ, §41 (AFF). PL 2011, c. 657, Pt. W, §5 (REV).
38 ME Rev Stat § 489-E (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 6: SITE LOCATION OF DEVELOPMENT|38 §489-E. Rulemaking

 §489-E. Rulemaking Rules adopted by the department pursuant to this article are routine technical rules except that rules adopted by the department after January 1, 2010 pursuant to section 484, subsections 1, 3, 4, 4-A, 5, 6 and 7 are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.   [PL 2011, c. 359, §4 (RPR).]SECTION HISTORY PL 2009, c. 602, §3 (NEW). PL 2011, c. 359, §4 (RPR).
38 ME Rev Stat § 490 (2021)
2021 Maine Revised Statutes|TITLE 38: WATERS AND NAVIGATION|Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS|Subchapter 1: ENVIRONMENTAL PROTECTION BOARD|Article 6: SITE LOCATION OF DEVELOPMENT|38 §490. Reclamation (REPEALED)

 §490. Reclamation (REPEALED)SECTION HISTORY PL 1979, c. 466, §14 (NEW). PL 1981, c. 711, §§11-16 (AMD). PL 1983, c. 574, §3 (AMD). PL 1989, c. 890, §§A40, B103 (AMD). RR 1993, c. 1, §121 (COR). PL 1993, c. 383, §28 (AMD). PL 1993, c. 383, §42 (AFF). PL 1995, c. 700, §11 (AMD). PL 2011, c. 653, §22 (RP). PL 2011, c. 653, §33 (AFF).
38 ME Rev Stat § 490-B (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-B. Applicability

 §490-B. Applicability Sections 490-A to 490-K apply to any excavation for borrow, clay, topsoil or silt, whether alone or in combination, including reclaimed and unreclaimed areas, if the total excavated area on a parcel is 5 or more acres or the total excavated area on adjacent parcels under a common owner or operator is 5 or more acres. Section 490-M applies to a total excavated area of less than 5 acres. This article applies if the excavation is located in whole or in part within an organized area of this State.   [PL 2007, c. 297, §3 (AMD).]A person in possession of a valid site location of development permit for a borrow pit or topsoil, clay or silt mining operation shall operate that pit or operation in compliance with the terms and conditions of the permit. 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 under 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, §22 (NEW).]This article does not apply to:   [PL 1995, c. 700, §22 (RPR).]1.  Site law pits.   [PL 1995, c. 700, §22 (RP).] 2.  Maine Land Use Planning Commission pits.  An excavation wholly within the jurisdiction of the Maine Land Use Planning Commission;   [PL 1995, c. 700, §22 (RPR); PL 2011, c. 682, §38 (REV).] 3.  Other mining operations.   [PL 1995, c. 700, §22 (RP).] 4.  Excavations reviewed under laws regarding the protection of natural resources.  An excavation to the extent that it is located in a protected natural resource and requires a permit under the laws regarding the protection of natural resources in article 5-A; or   [PL 1995, c. 700, §22 (NEW).] 5.  Grading preliminary to construction.  An excavation or grading preliminary to a construction project unless it is intended to circumvent this article.   [PL 1995, c. 700, §22 (NEW).] SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §22 (RPR). PL 2007, c. 297, §3 (AMD). PL 2011, c. 682, §38 (REV).
38 ME Rev Stat § 490-E (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-E. Variances

 §490-E. Variances The owner or operator must comply with the performance standards in section 490-D unless a variance from those performance standards is approved by the department. Except where prohibited by section 490-D, 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. A variance application must include any fee applicable under section 490-J. 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 1995, c. 700, §25 (AMD).]The department shall adopt rules that set forth the standards for granting a variance from the performance standards in this article. These rules are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.   [PL 2005, c. 602, §6 (AMD).]When an owner applies for a variance to allow an excavation to be reclaimed as a pond of at least 10 acres but less than 30 acres in size, the department may require public access as a condition for granting the variance. When an owner applies for a variance to allow an excavation to be reclaimed as a pond of 30 acres or greater in size, the department may grant the variance only if the owner demonstrates that public access to the pond is ensured. The requirement for public access may be met by existing public rights or by granting an easement or other right including a right to travel a reasonable distance by foot to a designated area of the shoreline.   [PL 2001, c. 466, §11 (NEW).]A variance from performance standards may not be granted prior to March 1, 1997 unless the owner or operator requesting the variance had filed a notice of intent to comply under section 490-C prior to the effective date of this paragraph.   [PL 1995, c. 700, §25 (NEW).]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 variance applications, 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, §25 (AMD).]SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §25 (AMD). PL 2001, c. 466, §11 (AMD). PL 2005, c. 602, §6 (AMD).
38 ME Rev Stat § 490-F (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-F. Review before expansion

 §490-F. Review before expansion Before expanding an excavation beyond an area that exceeds a total of 10 acres of reclaimed and unreclaimed land and before each additional 10-acre expansion, the owner or operator shall notify the regulator of an intent to expand and must request an inspection. In the same manner as prescribed in section 344-B, the department shall publish a timetable for responding to inspection requests and shall inspect the site within that time period to determine the excavation's compliance with this article and other applicable laws administered by the department. The department may defer an inspection for a reasonable period when winter conditions at the site prevent the department from evaluating an expansion request. The department shall notify the owner or operator of a deferral under this section. Excavation activities may continue after the filing of a notice of an intent to expand. The failure of a regulator to conduct a site visit within a published time period is not sufficient basis for a stop-work order under section 490-H, subsection 1.   [PL 1995, c. 700, §26 (AMD).]At the time of filing a notification of intent to expand, the owner or operator shall pay any fee required by section 490-J.   [PL 1993, c. 350, §5 (NEW).]SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 287, §16 (AMD). PL 1995, c. 700, §26 (AMD).
38 ME Rev Stat § 490-G (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-G. Inspections

 §490-G. Inspections The regulator may periodically inspect a site, may examine relevant records of the owner or operator and may take samples and perform tests necessary to determine compliance with the provisions of this article.   [PL 1995, c. 700, §27 (AMD).]SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §27 (AMD).
38 ME Rev Stat § 490-H (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-H. Enforcement and penalties

 §490-H. Enforcement and penalties Except as provided in section 490-I, the department shall administer and enforce the provisions of this article.   [PL 1993, c. 350, §5 (NEW).]1.  Stop-work order.  The regulator may order the owner or operator that is not operating in compliance with this article to cease operations until the noncompliance is corrected.   [PL 1995, c. 700, §28 (AMD).] 2.  Penalty.  A person who violates the provisions 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 and penalties assessed for enforcement actions taken by a municipality registered under section 490-I are payable to that municipality. For any action brought by a municipality under this article in which the municipality prevails, the court may require the owner or operator to reimburse the municipality for costs associated with that enforcement action.   [PL 1993, c. 350, §5 (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 the necessary reclamation. The commissioner may use the bond or other security to meet the reasonable expenses of reclamation.   [PL 1995, c. 700, §29 (NEW).] SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §§28,29 (AMD).
38 ME Rev Stat § 490-I (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-I. Municipal enforcement; registration

 §490-I. Municipal enforcement; registration This section allows a municipality to 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 if 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 that variance is valid.   [PL 1993, c. 350, §5 (NEW).]1.  Relation to home rule.  Nothing in this section may be construed to limit a municipality's authority under home rule to adopt ordinances regulating borrow, topsoil, clay or silt excavations.   [PL 1995, c. 700, §30 (AMD).] 2.  Optional participation.  Nothing in this article may be construed to require a municipality to adopt any ordinance.   [PL 1993, c. 350, §5 (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 1993, c. 350, §5 (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 1993, c. 350, §5 (NEW).] SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §30 (AMD).
38 ME Rev Stat § 490-J (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-J. Fees

 §490-J. Fees The owner or operator of an excavation being operated under this article must pay the regulator:   [PL 1995, c. 700, §31 (AMD).]1.  Initial fee.  A fee of $250 upon filing a notice of intent to comply under section 484-A or 490-C;   [PL 1993, c. 350, §5 (NEW).] 2.  Annual fee.  By March 1st of each year, an annual fee of:   A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and   [PL 2005, c. 158, §7 (AMD).]B. One hundred dollars, for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year;   [PL 2005, c. 158, §7 (AMD).][PL 2005, c. 158, §7 (AMD).] 3.  Variance fee.  A fee of $250 for each variance requested under section 490-E, except for the following:   A. A fee of $500 for a variance to excavate below the seasonal high water table;   [PL 1995, c. 700, §31 (NEW).]B. A fee of $500 for a variance to create an externally drained pit; and   [PL 1995, c. 700, §31 (NEW).]C. A fee of $125 for a variance to waive the topsoil salvage requirement; and   [PL 1995, c. 700, §31 (NEW).][PL 1995, c. 700, §31 (AMD).] 4.  Notice of intent to expand.  A fee of $250 upon filing a notice of intent to expand under section 490-F.   [PL 1993, c. 350, §5 (NEW).] Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350.   [PL 1995, c. 700, §31 (AMD).]Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination.   [PL 1995, c. 700, §31 (NEW).]All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353-C.   [PL 2003, c. 673, Pt. GG, §2 (NEW).]SECTION HISTORY PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §31 (AMD). PL 2003, c. 673, §GG2 (AMD). PL 2005, c. 158, §7 (AMD).
38 ME Rev Stat § 490-K (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-K. Transfer of ownership or operation

 §490-K. Transfer of ownership or operation A person who purchases an excavation that is operated under a notice of intent to comply or who obtains operating authority of an excavation that operates under a notice of intent to comply must file within 2 weeks after the purchase or the obtaining of operating authority a notice of intent to comply on a form developed by the department. The new owner or operator may operate the excavation during this 2-week period without having filed a notice of intent to comply, providing the new owner or operator complies with all standards under this article.   [PL 1995, c. 700, §32 (AMD).]SECTION HISTORY PL 1995, c. 287, §17 (NEW). PL 1995, c. 700, §32 (AMD).
38 ME Rev Stat § 490-L (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-L. Exemption from common scheme of development (REPEALED)

 §490-L. Exemption from common scheme of development (REPEALED)SECTION HISTORY PL 1995, c. 287, §17 (NEW). PL 1995, c. 700, §33 (RP).
38 ME Rev Stat § 490-M (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-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres

 §490-M. Erosion control requirements for clay, topsoil, or silt excavations of less than 5 acres An excavation of less than 5 acres of land for clay, topsoil or silt must be conducted and reclaimed in accordance with the following standards.   [PL 1995, c. 700, §34 (NEW).]1.  Stabilization and control.  Sediment may not leave the parcel or enter a protected natural resource as defined in section 480-B. Properly installed erosion control measures must be in place before the excavation begins. Vegetative cover must be established on all affected land. Topsoil must be placed, seeded and mulched within 7 days of final grading. Permanent vegetative cover is acceptable for purposes of erosion control if, within one growing season of seeding, the planting of trees and shrubs results in a permanent stand or a stand capable of regeneration and succession sufficient to ensure a 75% survival rate and the planting of all materials in permanent 90% ground coverage.   [PL 1995, c. 700, §34 (NEW).] 2.  Phases.  The excavation must be reclaimed in phases so that the working pit does not exceed 2 acres at any one time.   [PL 1995, c. 700, §34 (NEW).] SECTION HISTORY PL 1995, c. 700, §34 (NEW).