Maine Revised Statutes Title 38 Sec. 490-SS – Mining and reclamation report
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1. Filing requirement. A permittee shall file with the department a mining and reclamation report on or before March 15th of each year, during the period the mine is operating, during suspension of mining operations and during the post-closure monitoring period. The mining and reclamation report must contain the following:
A. A description of the status of mining and reclamation operations; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. An update of the contingency plan. The permittee shall provide a copy of the update to the municipality or county commissioners, as applicable; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
C. A report of monitoring results for the preceding calendar year; [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
D. A report of the total tons of material mined from the mining area and the amount of metallic product by weight produced from the mine for the preceding calendar year; and [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
E. A list of the notifications required under subsection 2 for the preceding calendar year. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
Terms Used In Maine Revised Statutes Title 38 Sec. 490-SS
- 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
- Metallic product: means a commercially salable mineral or metal produced primarily for its metallic mineral content in its final marketable form or state. See Maine Revised Statutes Title 38 Sec. 490-MM
- 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
- 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
- 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
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Notification requirement. A permittee shall promptly notify the department and each municipality in which the mining area and the affected area are located, or, in the unorganized territory, the county commissioners for each county in which the mining area and the affected area are located, of any incident, act of nature or exceedance of a permit standard or condition related to the mining operation that has created, or may create, a threat to the environment, natural resources or public health and safety.
[PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3. Records. Records must be retained as follows.
A. Records upon which mining and reclamation reports are based must be preserved by the permittee for 6 years. The permittee shall make the records available to the department upon request. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. Records upon which incident reports under subsection 2 are based must be preserved by the permittee for 6 years or until the end of the post-closure monitoring period, whichever is later. [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).