38 M.R.S. § 484-A
This is the official text of 38 M.R.S. § 484-A, part of Maine’s M.R.S — part of the compiled statutory law of Maine, published by the state as "M.R.S." Browse the sections below, each linked to its official government source.
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38 §484-A. Unlicensed pits; temporary licensing exemption
Official statutory text
If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if: [PL 1995, c. 700, §7 (AMD).]
1. Notice of intent to comply. Pursuant to section 490‑C , the owner or operator of the pit files a notice of intent to comply no later than: A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or [PL 1995, c. 287, §3 (AMD).] B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and [PL 1995, c. 287, §3 (AMD).] [PL 1995, c. 287, §3 (AMD).]
2. Adherence to compliance schedule. By October 1, 1996: A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed; [PL 1993, c. 350, §4 (NEW).] B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7 ; and [PL 1993, c. 350, §4 (NEW).] C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7. [PL 1993, c. 350, §4 (NEW).] [PL 1995, c. 287, §4 (AMD).]
An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1 . The written enforcement policy for responding to violations referred to in section 343‑C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7. [PL 1995, c. 700, §7 (AMD).]
1. Notice of intent to comply. Pursuant to section 490‑C , the owner or operator of the pit files a notice of intent to comply no later than: A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or [PL 1995, c. 287, §3 (AMD).] B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and [PL 1995, c. 287, §3 (AMD).] [PL 1995, c. 287, §3 (AMD).]
2. Adherence to compliance schedule. By October 1, 1996: A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed; [PL 1993, c. 350, §4 (NEW).] B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7 ; and [PL 1993, c. 350, §4 (NEW).] C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7. [PL 1993, c. 350, §4 (NEW).] [PL 1995, c. 287, §4 (AMD).]
An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1 . The written enforcement policy for responding to violations referred to in section 343‑C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7. [PL 1995, c. 700, §7 (AMD).]
Status: in_force · Read it on the official government site
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