Maine Revised Statutes Title 38 Sec. 490-J – Fees
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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).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-J
- clay: means a material that consists of particles of such a size that 45% or more of the fraction of those particles able to pass through a 3-inch sieve pass through the United States Standard Number 200 sieve, or a material that exhibits similar erosion potential, difficulty of stabilization or runoff based upon its gradation, plasticity, permeability or other relevant criteria. See Maine Revised Statutes Title 38 Sec. 490-A
- Excavation: means an excavation for borrow, topsoil, clay or silt, whether alone or in combination. See Maine Revised Statutes Title 38 Sec. 490-A
- 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 :
A. See Maine Revised Statutes Title 38 Sec. 490-ATopsoil: means the top layer of soil that is predominantly fertile and ordinarily moved in tillage or the equivalent of such a layer in uncultivated soils. See Maine Revised Statutes Title 38 Sec. 490-A Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
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).]
SECTION HISTORY
PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §31 (AMD). PL 2003, c. 673, §GG2 (AMD). PL 2005, c. 158, §7 (AMD).