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

  • Blasting: means the use of explosives to break up or otherwise aid in the extraction or removal of a rock or other consolidated natural formation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
This article applies to any quarry, including reclaimed and unreclaimed areas, if the quarry is more than one acre in size, the total excavated area including adjacent parcels under a common owner or operator is more than one acre in size or underground production blasting is proposed. [PL 2007, c. 297, §8 (AMD).]
This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission. [PL 1995, c. 700, §35 (NEW); PL 2011, c. 682, §38 (REV).]
This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article. [PL 1995, c. 700, §35 (NEW).]
A person with a valid permit for a quarry under article 6 must operate that quarry in compliance with the terms and conditions of that permit. Any modification of the permit must be in conformance with section 484. A person with a permit under article 6 may file a notice of intent to comply with this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §35 (NEW).]
SECTION HISTORY

PL 1995, c. 700, §35 (NEW). PL 2007, c. 297, §8 (AMD). PL 2011, c. 682, §38 (REV).