1. Duration of permit. A mining permit issued by the department remains in effect until terminated or revoked by the department. The duration of other permits issued for the mining operation must be provided for in those permits. The department shall conduct annual reviews of the mining operations and assess compliance with the permit terms.

[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

Terms Used In Maine Revised Statutes Title 38 Sec. 490-PP

  • Affected area: means an area outside of a mining area where the land surface, surface water, groundwater, air resources, soils or existing uses are potentially affected by mining operations as determined through an environmental impact assessment. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Closure: includes , but is not limited to, actions taken to contain metallic mineral wastes on site and to ensure the integrity of waste management structures and the permanent securement of pits, shafts and underground workings. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Mining area: means an area of land described in a permit application and approved by the department, including but not limited to land from which earth material is removed in connection with mining, the lands on which material from that mining is stored or deposited, the lands on which beneficiating or treatment facilities, including groundwater and surface water management treatment systems, are located or the lands on which water reservoirs used in a mining operation are located. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Mining permit: means a permit issued under this article for conducting mining and reclamation operations. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Permittee: means a person who is issued a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Post-closure monitoring period: means a period following closure during which a permittee is required to conduct monitoring of groundwater and surface water and other environmental parameters as specified in a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM
  • Reclamation: includes , but is not limited to, stabilization of slopes, creation of safety benches, planting of forests, seeding of grasses and legumes for grazing purposes, planting of crops for harvest and enhancement of wildlife and aquatic resources. See Maine Revised Statutes Title 38 Sec. 490-MM
2. Termination of permit. After public notice, the department may terminate or request surrender of a mining permit if:
A. The permittee has not commenced construction of mining facilities or conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit; or [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. The permittee has satisfied the requirements of the environmental protection, reclamation and closure plan and completed final reclamation of the mining area and, if necessary, the affected area and requests the termination of the mining permit and the department determines all of the following:

(1) The air, water or other natural resources are not polluted or impaired from the mining operation;
(2) The permittee has otherwise fulfilled all conditions determined to be necessary by the department to protect the public health, safety and welfare and the environment; and
(3) The requirements for the post-closure monitoring period have been satisfied. [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. Revocation of permit. The department may revoke a mining permit after public notice pursuant to section 490?TT.

[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

4. Transfer of permit. After public notice and unless otherwise provided in this article, a mining permit may be transferred with prior written approval of the department in accordance with the provisions of this subsection.
A. The person acquiring the mining permit shall submit to the department on forms provided by the department a request for transfer of the mining permit and shall provide the financial assurance required under section 490?RR. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. A person acquiring a mining permit must accept the conditions of the existing mining permit and adhere to the requirements set forth in this article. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
C. If a permittee is determined by the department to be in violation of this article or the rules adopted under this article at the mining site that is the subject of the transfer, the mining permit may not be transferred until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
D. A transferee shall demonstrate to the department’s satisfaction the technical and financial capacity and intent to:

(1) Comply with all terms and conditions of the mining permit; and
(2) Satisfy all applicable statutory and regulatory criteria, including, but not limited to, providing adequate evidence of the financial assurance required by section 490?RR. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

5. Amendment of permit. After public notice, a mining permit may be amended in accordance with this subsection.
A. A permittee may submit to the department a request to amend a mining permit to address anticipated changes in the mining operation, including, if applicable, amendments to the environmental impact assessment and to the environmental protection, reclamation and closure plan. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. The department may require a mining permit to be amended if the department determines that the terms and conditions of the mining permit are not providing reasonable protection of the environment, natural resources or public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]

SECTION HISTORY

PL 2011, c. 653, §23 (NEW). PL 2011, c. 653, §33 (AFF).
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