38 §490-EE. Transfer of ownership or operation; review before expansion; fees
Title 38: WATERS AND NAVIGATION
Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS
Subchapter 1: ENVIRONMENTAL PROTECTION BOARD
Article 8-A: PERFORMANCE STANDARDS FOR QUARRIES HEADING: PL 1995, C. 700, §35 (NEW)
§490-EE. Transfer of ownership or operation; review before expansion; fees
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.
At the time of filing a notification of intent to expand, the owner or operator shall pay any fee required by this section.
[ 1995, c. 700, §35 (NEW) .]
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.
[ 1995, c. 700, §35 (NEW) .]
3. Fees. The owner or operator of a quarry shall pay the regulator:
A. An initial fee of $250 upon filing a notice of intent to comply under section 490-Y; [1995, c. 700, §35 (NEW).]
B. By March 1st of each year, an annual fee of:
(1) Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and
(2) One hundred dollars for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year; [2005, c. 158, §16 (AMD).]
C. A fee of $250 for each variance requested under section 490-CC, except for the following:
(1) A fee of $500 for a variance to excavate below the seasonal high water table;
(2) A fee of $500 for a variance to create an externally drained quarry;
(3) A fee of $125 for a variance to waive the topsoil salvage requirement; and
(4) A fee of $125 for a variance to waive the monitoring requirements for airblasts and ground vibration; and [1997, c. 364, §24 (AMD).]
D. A fee of $250 upon filing a notice of intent to expand under this section. [1995, c. 700, §35 (NEW).]
Notwithstanding any other provision of this subsection, the total for all fees paid under paragraphs A and B for one quarry in one calendar year may not exceed $350.
[ 2005, c. 158, §16 (AMD) .]
All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353-C. [2003, c. 673, Pt. GG, §3 (NEW).]
SECTION HISTORY
1995, c. 700, §35 (NEW). 1997, c. 364, §24 (AMD). 2003, c. 673, §GG3 (AMD). 2005, c. 158, §16 (AMD).