Maine Revised Statutes Title 38 Sec. 490-H – Enforcement and penalties
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Except as provided in section 490?I, the department shall administer and enforce the provisions of this article. [PL 1993, c. 350, §5 (NEW).]
1. Stop-work order. The regulator may order the owner or operator that is not operating in compliance with this article to cease operations until the noncompliance is corrected.
[PL 1995, c. 700, §28 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-H
- Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- operator: means the owner or operator of an excavation. See Maine Revised Statutes Title 38 Sec. 490-A
- 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-A
- Regulator: means :
2. Penalty. A person who violates the provisions 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 and penalties assessed for enforcement actions taken by a municipality registered under section 490?I are payable to that municipality. For any action brought by a municipality under this article in which the municipality prevails, the court may require the owner or operator to reimburse the municipality for costs associated with that enforcement action.
[PL 1993, c. 350, §5 (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 the necessary reclamation. The commissioner may use the bond or other security to meet the reasonable expenses of reclamation.
[PL 1995, c. 700, §29 (NEW).]
SECTION HISTORY
PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §§28,29 (AMD).