38 ME Rev Stat § 490-NN (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-NN. Administration and enforcement; rules; regulation by local units of government

 §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.   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-OO; 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.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]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 subject to section 341-H. Notwithstanding Title 5, section 8072, subsection 11, or any other provision of law to the contrary, rules provisionally adopted by the department in accordance with this article and submitted for legislative review may not be finally adopted by the department unless legislation authorizing final adoption of those rules is enacted into law.   [PL 2017, c. 142, §5 (AMD).][PL 2017, c. 142, §5 (AMD).] 2.  Maine Land Use Planning Commission.  The department may not approve a permit under this article in an unorganized territory unless the Maine Land Use Planning 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   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]B. The proposed mining meets any land use standard established by the Maine Land Use Planning Commission and applicable to the project that is not considered in the department's review.   [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF); PL 2011, c. 682, §38 (REV).]The Maine Land Use Planning Commission shall adopt rules in accordance with this subsection relating to the certification of mining permit applications under this article. Notwithstanding any other provision of law to the contrary, rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.   [PL 2017, c. 142, §6 (AMD).] 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.   [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). PL 2011, c. 682, §38 (REV). PL 2017, c. 142, §§5, 6 (AMD).