Maine § 38 §490-RR Financial assurance

Maine Statutes

§ 38 §490-RR — Financial assurance

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

1.Duration of financial assurance. A permittee shall maintain financial assurance during mining operations until the department determines that all reclamation has been completed and during the post-closure monitoring period except that financial assurance must be reduced or released immediately upon termination of a mining permit under section 490‑PP, subsection 2, paragraph A. The department may require financial assurance to remain in effect for as long as the mining operation and any associated waste material could create an unreasonable threat to public health and safety or the environment.

2.Coverage and form of financial assurance. The financial assurance required under subsection 1 applies to all mining and reclamation operations that are subject to a mining permit.

3.Form of fi

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1.
Duration of financial assurance.
A permittee shall maintain financial assurance during mining operations until the department determines that all reclamation has been completed and during the post-closure monitoring period except that financial assurance must be reduced or released immediately upon termination of a mining permit under section 490‑PP, subsection 2, paragraph A. The department may require financial assurance to remain in effect for as long as the mining operation and any associated waste material could create an unreasonable threat to public health and safety or the environment.
2.
Coverage and form of financial assurance.
The financial assurance required under subsection 1 applies to all mining and reclamation operations that are subject to a mining permit.
3.
Form of financial assurance.
4.
Updates to financial assurance.
A permittee shall provide to the department an annual statement of financial responsibility, and the department may require that the financial assurance be adjusted to ensure that the financial assurance is sufficient for the purposes of subsection 2.
5.
Failure to provide financial assurance.
Failure to provide financial assurance under this section constitutes grounds for the department to order immediate suspension of mining activities pursuant to section 490‑TT, including, but not limited to, the removal of metallic product from the mining area.

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