Maine Revised Statutes Title 38 Sec. 490-BB – Enforcement and penalties
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The department shall administer and enforce the provisions of this article. [PL 1995, c. 700, §35 (NEW).]
1. Stop-work order. The department may order the owner or operator of a quarry that is not operating in compliance with this article to cease operations until the noncompliance is corrected.
[PL 1995, c. 700, §35 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-BB
- Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
- Reclamation: means the rehabilitation of the area of land affected by mining, including, but not limited to, the stabilization of slopes and creation of safety benches, the planting of forests, the seeding of grasses and legumes for grazing purposes, the planting of crops for harvest, the enhancement of wildlife and aquatic habitat and aquatic resources and the development of the site for residential, commercial, recreational or industrial use. See Maine Revised Statutes Title 38 Sec. 490-W
2. Penalty. A person who violates a provision of this article commits a civil violation and is subject to the penalties established under section 349. Penalties assessed for enforcement actions taken by the State are payable to the State.
[PL 1995, c. 700, §35 (NEW).]
3. Reclamation. If, after an opportunity for a hearing, the commissioner determines that the owner of an excavation site or the person who was engaged in the excavation activity at the excavation site has violated this article, the commissioner shall direct the department staff or contractors under the supervision of the commissioner to enter on the property and carry out the necessary reclamation. The person engaged in mining or any affiliated person who guarantees performance at the excavation site is liable for the reasonable expenses of this necessary reclamation. The commissioner may use the bond or other security paid under section 490?Z, subsection 13, paragraph F to meet the reasonable expenses of reclamation.
[PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY
PL 1995, c. 700, §35 (NEW).