38 M.R.S. § 490-J
This is the official text of 38 M.R.S. § 490-J, 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 §490-J. Fees
Official statutory text
The owner or operator of an excavation being operated under this article must pay the regulator: [PL 1995, c. 700, §31 (AMD).]
1. Initial fee. A fee of $250 upon filing a notice of intent to comply under section 484‑A or 490‑C ; [PL 1993, c. 350, §5 (NEW).]
2. Annual fee. By March 1st of each year, an annual fee of: A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and [PL 2005, c. 158, §7 (AMD).] B. 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; [PL 2005, c. 158, §7 (AMD).] [PL 2005, c. 158, §7 (AMD).]
3. Variance fee. A fee of $250 for each variance requested under section 490‑E , except for the following: A. A fee of $500 for a variance to excavate below the seasonal high water table; [PL 1995, c. 700, §31 (NEW).] B. A fee of $500 for a variance to create an externally drained pit; and [PL 1995, c. 700, §31 (NEW).] C. A fee of $125 for a variance to waive the topsoil salvage requirement; and [PL 1995, c. 700, §31 (NEW).] [PL 1995, c. 700, §31 (AMD).]
4. Notice of intent to expand. A fee of $250 upon filing a notice of intent to expand under section 490‑F . [PL 1993, c. 350, §5 (NEW).]
Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350. [PL 1995, c. 700, §31 (AMD).]
Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination. [PL 1995, c. 700, §31 (NEW).]
All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C . [PL 2003, c. 673, Pt. GG, §2 (NEW).]
1. Initial fee. A fee of $250 upon filing a notice of intent to comply under section 484‑A or 490‑C ; [PL 1993, c. 350, §5 (NEW).]
2. Annual fee. By March 1st of each year, an annual fee of: A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and [PL 2005, c. 158, §7 (AMD).] B. 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; [PL 2005, c. 158, §7 (AMD).] [PL 2005, c. 158, §7 (AMD).]
3. Variance fee. A fee of $250 for each variance requested under section 490‑E , except for the following: A. A fee of $500 for a variance to excavate below the seasonal high water table; [PL 1995, c. 700, §31 (NEW).] B. A fee of $500 for a variance to create an externally drained pit; and [PL 1995, c. 700, §31 (NEW).] C. A fee of $125 for a variance to waive the topsoil salvage requirement; and [PL 1995, c. 700, §31 (NEW).] [PL 1995, c. 700, §31 (AMD).]
4. Notice of intent to expand. A fee of $250 upon filing a notice of intent to expand under section 490‑F . [PL 1993, c. 350, §5 (NEW).]
Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350. [PL 1995, c. 700, §31 (AMD).]
Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination. [PL 1995, c. 700, §31 (NEW).]
All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C . [PL 2003, c. 673, Pt. GG, §2 (NEW).]
Status: in_force · Read it on the official government site
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