38 M.R.S. § 490-TT
This is the official text of 38 M.R.S. § 490-TT, 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-TT. Violations
Official statutory text
1. Permittee required to correct violations. If the department determines that a permittee has violated this chapter, a rule adopted under this article, an order of the department or a mining permit issued under this article, the department shall require the permittee to correct the violation and the department may pursue enforcement action pursuant to sections 347‑A , 348 and 349 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
2. Imminent endangerment. If the department determines that a violation under subsection 1 is causing or resulting in an imminent and substantial endangerment to the public health or safety, environment or natural resources, the department shall take action necessary to abate or eliminate the endangerment. Such action may include one or more of the following: A. Revoking the mining permit as authorized by section 342, subsection 11‑B ; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Issuing an order to the permittee requiring immediate suspension of mining activities, including, but not limited to, the removal of metallic product from the site; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. Issuing an order to the permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. Issuance of an emergency order as authorized by section 347‑A, subsection 3 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3. Effect of revocation or suspension. The revocation of a mining permit or suspension of mining activities under subsection 2 does not relieve a permittee of the responsibility to complete closure, reclamation, operation and maintenance and monitoring, to maintain financial assurance required under section 490‑RR and to undertake all appropriate measures to protect the environment, natural resources and public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
4. Compliance with Maine Administrative Procedure Act. The department shall comply with the Maine Administrative Procedure Act in its actions under this section. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
2. Imminent endangerment. If the department determines that a violation under subsection 1 is causing or resulting in an imminent and substantial endangerment to the public health or safety, environment or natural resources, the department shall take action necessary to abate or eliminate the endangerment. Such action may include one or more of the following: A. Revoking the mining permit as authorized by section 342, subsection 11‑B ; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] B. Issuing an order to the permittee requiring immediate suspension of mining activities, including, but not limited to, the removal of metallic product from the site; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] C. Issuing an order to the permittee to undertake such other response actions as may be necessary to abate or eliminate the endangerment; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] D. Issuance of an emergency order as authorized by section 347‑A, subsection 3 . [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).] [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3. Effect of revocation or suspension. The revocation of a mining permit or suspension of mining activities under subsection 2 does not relieve a permittee of the responsibility to complete closure, reclamation, operation and maintenance and monitoring, to maintain financial assurance required under section 490‑RR and to undertake all appropriate measures to protect the environment, natural resources and public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
4. Compliance with Maine Administrative Procedure Act. The department shall comply with the Maine Administrative Procedure Act in its actions under this section. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
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