§ 38 §490-X — Applicability

This article applies to any quarry, including reclaimed and unreclaimed areas, if the quarry is more than one acre in size, the total excavated area including adjacent parcels under a common owner or operator is more than one acre in size or underground production blasting is proposed.
This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission.
This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article.
A person with a valid permit for a quarry under article 6 must operate that quarry in compliance with the terms and conditions of that 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 with 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.
Notwithstanding any provision of this article to the contrary, a person exempt from the requirements of this article that is operating a quarry one acre in size or less; that is operating a quarry that has a total excavated area, including adjacent parcels under a common owner or operator, that is one acre in size or less; or that is operating a quarry and conducting an excavation or grading preliminary to a construction project shall comply with the blasting notification requirements under section 490‑Z, subsection 14, paragraph O if the person intends to conduct blasting at that quarry or as part of that excavation or grading.

Legislative History

PL 1995, c. 700, §35 (NEW). PL 2007, c. 297, §8 (AMD). PL 2011, c. 682, §38 (REV). PL 2025, c. 91, §1 (AMD).