Maine § 38 §490-EE Transfer of ownership or operation; review before expansion; fees

Maine Statutes

§ 38 §490-EE — Transfer of ownership or operation; review before expansion; fees

Maine·Title 38 WATERS AND NAVIGATION·Ch. 3 PROTECTION AND IMPROVEMENT OF WATERS

1.Review before expansion. Before expanding a quarry 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 the owner's or operator's 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 quarry'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

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1.
Review before expansion.
Before expanding a quarry 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 the owner's or operator's 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 quarry'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 a sufficient basis for a stop-work order under section 490‑BB, subsection 1.
2.
Transfer of ownership or operation.
A person who purchases a quarry that is operated under a notice of intent to comply, as established under section 490‑Y, or who obtains operating authority of a quarry 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 quarry during this 2-week period without having filed a notice of intent to comply if the new owner or operator complies with all standards of this article.
3.
Fees.
The owner or operator of a quarry shall pay the regulator:
All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C.

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