Maine § 38 §490-NN Administration and enforcement; rules; regulation by local units of government

Maine Statutes

§ 38 §490-NN — Administration and enforcement; rules; regulation by local units of government

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

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.

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:

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.

4.Determination of applicability of Maine Metallic Mineral Mining Act requirements. As provided in this su

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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.
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:
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.
4.
Determination of applicability of Maine Metallic Mineral Mining Act requirements.
As provided in this subsection and following the adoption of rules by the department pursuant to this subsection, a person proposing to conduct exploration for or physical extraction, crushing, grinding, sorting or storage of metallic minerals as described in section 490‑MM, subsection 11, paragraph D may request a written determination from the department that the requirements of this article do not apply to the activity. The department shall adopt rules governing the requirements for issuance of such a determination under this subsection, which must include, but are not limited to:
5.
Mining excise tax.
A person engaging in mining activities pursuant to this article and a person, pursuant to article 6, article 7, article 8‑A or Title 12, chapter 206‑A, engaging in activities described in section 490‑MM, subsection 11, paragraph D following a determination by the department under subsection 4 is subject to the mining excise tax under Title 36, chapter 371. A person engaging in the activities described in section 490‑MM, subsection 11, paragraphs A to C is not subject to the mining excise tax under Title 36, chapter 371.

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