§ 490-W Definitions
§ 490-X Applicability
§ 490-Y Notice of intent to comply
§ 490-Z Performance standards for quarries
§ 490-AA Inspections
§ 490-BB Enforcement and penalties
§ 490-CC Variances
§ 490-DD Municipal enforcement; registration
§ 490-EE Transfer of ownership or operation; review before expansion; fees
§ 490-FF Release

Terms Used In Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 1 > Article 8-A - Performance Standards for Quarries

  • Adoptee: means a person who will be or who has been adopted, regardless of whether the person is a child or an adult. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Adult: means a person who is 18 years of age or older. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Affected land: means all reclaimed and unreclaimed land, land that has or will have the overburden removed, land on which stumps, spoil or other solid waste has or will be deposited and storage areas or other land, except natural buffer strips, that will be or has been used in connection with a quarry. See Maine Revised Statutes Title 38 Sec. 490-W
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Airblast: means an atmospheric compression wave resulting from the detonation of explosives, whether resulting from the motion of blasted materials or the expansion of gases from the explosion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Blast site: means the area where explosive material is handled during the loading of drilled blastholes, including the perimeter formed by the loaded blastholes and 50 feet in all directions from loaded blastholes. See Maine Revised Statutes Title 38 Sec. 490-W
  • Blaster: means a person qualified to be in charge of or responsible for the loading and firing of a blast. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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
  • Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Detonating cord: means a flexible cord containing a center core of high explosives that may be used to initiate other explosives. See Maine Revised Statutes Title 38 Sec. 490-W
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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.
  • Explosive: means any chemical compound or other chemical substance that contains oxidizing or combustible materials used for the purpose of producing an explosion intended to break or move rock, earth or other materials. See Maine Revised Statutes Title 38 Sec. 490-W
  • Flyrock: means rock that is propelled through the air or across the ground as a result of blasting and that leaves the blast area. See Maine Revised Statutes Title 38 Sec. 490-W
  • Freshwater wetlands: means freshwater swamps, marshes, bogs and similar areas, other than forested wetlands, which are:
A. See Maine Revised Statutes Title 38 Sec. 436-A
  • Great pond: means any inland body of water which in a natural state has a surface area in excess of 10 acres and any inland body of water artificially formed or increased which has a surface area in excess of 30 acres except for the purposes of this article, where the artificially formed or increased inland body of water is completely surrounded by land held by a single owner. See Maine Revised Statutes Title 38 Sec. 436-A
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • 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.
  • lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed child-placing agency: means an agency, person, group of persons, organization, association or society licensed to operate in this State pursuant to Title 22, chapter 1671. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Matting: means a covering placed over load holes and adjacent areas in order to minimize generation of flyrock and limit airblast effects. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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
  • Natural buffer strip: means an undisturbed area or belt of land that is covered with trees or other vegetation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Normal high-water line: means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. See Maine Revised Statutes Title 38 Sec. 436-A
  • Parent: means a person who, with respect to a child:
  • A. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Passenger car equivalents at peak hour: means the number of passenger cars, or, in the case of nonpassenger vehicles, the number of passenger cars that would be displaced by nonpassenger vehicles, that pass through an intersection or on a roadway under prevailing roadway and traffic conditions at that hour of the day during which traffic volume generated by the development is higher than the volume during any other hour of the day. See Maine Revised Statutes Title 38 Sec. 490-W
  • Peak particle velocity: means the maximum rate of ground movement measured by any of the 3 mutually perpendicular components of ground motion. See Maine Revised Statutes Title 38 Sec. 490-W
  • Petitioner: means a person filing a petition to adopt an adult or a child, and includes both petitioners under a joint petition, except as otherwise provided in this Article. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Preblast survey: means documentation, prior to the initiation of blasting, of the condition of buildings, structures, wells or other infrastructures; protected natural resources; historic sites; and unusual natural areas. See Maine Revised Statutes Title 38 Sec. 490-W
  • Private drinking water supply: means a surface water supply, a dug well, a spring or a hole drilled, driven or bored into the earth that is used to extract drinking water for human consumption and that is not part of a public drinking water supply. See Maine Revised Statutes Title 38 Sec. 490-W
  • Production blasting: means blasting conducted for the purpose of extracting or removing natural materials for commercial sale or beneficiation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Public drinking water source: means a groundwater well or a surface water source that directly or indirectly serves a water distribution system that has at least 15 service connections or regularly services an average of at least 25 individuals daily at least 60 days of the year. See Maine Revised Statutes Title 38 Sec. 490-W
  • Putative parent: means a person who is the alleged parent of a child but whose parentage has not been but may be legally determined in accordance with Title 19-A, chapter 61. See Maine Revised Statutes Title 18-C Sec. 9-102
  • Quarry: means a place where rock is excavated. See Maine Revised Statutes Title 38 Sec. 490-W
  • 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-W
  • Regulator: means :
  • A. See Maine Revised Statutes Title 38 Sec. 490-W
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • River: means a free-flowing body of water including its associated flood plain wetlands from that point at which it provides drainage for a watershed of 25 square miles to its mouth. See Maine Revised Statutes Title 38 Sec. 436-A
  • Rock: means a hard, nonmetallic material that requires cutting, blasting or similar methods of forced extraction. See Maine Revised Statutes Title 38 Sec. 490-W
  • Stemming: means inert material used in a blasthole to confine the gaseous products of detonation. See Maine Revised Statutes Title 38 Sec. 490-W
  • Stream: means a free-flowing body of water from the outlet of a great pond or the confluence of 2 perennial streams as depicted on the most recent, highest resolution version of the national hydrography dataset available from the United States Geological Survey on the website of the United States Geological Survey or the national map to the point where the stream becomes a river or where the stream meets the shoreland zone of another water body or wetland. See Maine Revised Statutes Title 38 Sec. 436-A
  • Structure: means anything temporarily or permanently located, built, constructed or erected for the support, shelter or enclosure of persons, animals, goods or property of any kind and anything constructed or erected on or in the ground. See Maine Revised Statutes Title 38 Sec. 436-A
  • Subpoena: A command to a witness to appear and give testimony.
  • Surface blasting: means any blasting for which the blast area lies at the surface of the ground. See Maine Revised Statutes Title 38 Sec. 490-W
  • Underground production blasting: means a blasting operation carried out beneath the surface of the ground by means of shafts, declines, adits or other openings leading to the natural material being mined or extracted. See Maine Revised Statutes Title 38 Sec. 490-W
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Working pit: means the extraction area, including overburden, of an excavation for rock. See Maine Revised Statutes Title 38 Sec. 490-W
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72