Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 1 > Article 9 – Maine Metallic Mineral Mining Act
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Terms Used In Maine Revised Statutes > Title 38 > Chapter 3 > Subchapter 1 > Article 9 - Maine Metallic Mineral Mining Act
- 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
- Advanced exploration: means any metallic mineral bulk sampling or exploratory activity that exceeds those activities that are exploration activities and are specified in rules adopted by the department. See Maine Revised Statutes Title 38 Sec. 490-MM
- 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
- Agriculture: means the production, keeping or maintenance for sale or lease of plants or animals, including, but not limited to, forages and sod crops, grains and seed crops, dairy animals and dairy products, poultry and poultry products, livestock, fruits and vegetables and ornamental and greenhouse products. See Maine Revised Statutes Title 38 Sec. 436-A
- 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.
- 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.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficiation: includes , but is not limited to, crushing, grinding, washing, dissolution, crystallization, filtration, sorting, sizing, drying, sintering, pelletizing, briquetting, calcining, roasting in preparation for leaching to produce a final or intermediate product that does not undergo further beneficiation or processing, gravity concentration, magnetic separation, electrostatic separation, flotation, ion exchange, solvent extraction, electrowinning, precipitation, amalgamation and dump, vat, tank and in situ leaching. See Maine Revised Statutes Title 38 Sec. 490-MM
- Cement: means any of various calcined mixtures of clay and limestone that can be mixed with water and used as an ingredient in making mortar or concrete. See Maine Revised Statutes Title 38 Sec. 490-MM
- Child: means a person who is under 18 years of age. See Maine Revised Statutes Title 18-C Sec. 9-102
- 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
- contamination: means nonattainment of water quality standards, the cause of which is attributable to a mining operation, as:
A. See Maine Revised Statutes Title 38 Sec. 490-MMDepartment: means the Department of Health and Human Services. See Maine Revised Statutes Title 18-C Sec. 9-102 Domestic partner: means one of 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 1 Sec. 72 Dry stack tailings management: means the process of disposing of dewatered, compacted mine tailings into a freestanding, stable structure on an area with an impervious liner designed to shed water to a water collection and treatment system. 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. 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. Heap or percolation leaching: means a process for the primary purpose of recovering metallic minerals in an outdoor environment from a stockpile of crushed or excavated ore by percolating water or a solution through the ore and collecting the leachate. See Maine Revised Statutes Title 38 Sec. 490-MM in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 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 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 Metallic mineral: means any mineral, ore or excavated material that has metal or a metalloid element as its economically valuable constituent, regardless of the chemical end product of the metal or metalloid element. See Maine Revised Statutes Title 38 Sec. 490-MM Metallic mineral operator: means a permittee or other person who is engaged in, or who is preparing to engage in, mining operations for metallic minerals, whether individually or jointly or through agents, employees or contractors. 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 Mine shaft: means a vertical, inclined or horizontal excavation, including all underground workings, with a surface opening not exceeding 1,000 square feet. See Maine Revised Statutes Title 38 Sec. 490-MM Mine waste: means all material, including, but not limited to, overburden, rock, lean ore, leached ore or tailings, that in the process of mining and beneficiation has been exposed or removed from the earth during advanced exploration and mining activities. See Maine Revised Statutes Title 38 Sec. 490-MM Mine waste unit: means any land area, structure, location, equipment or combination thereof on or in which mine wastes are managed. See Maine Revised Statutes Title 38 Sec. 490-MM mining activity: means activities, facilities or processes necessary for the extraction or removal of metallic minerals or overburden or for the preparation, washing, cleaning or other treatment of metallic minerals and includes the bulk sampling, advanced exploration, extraction or beneficiation of metallic minerals as well as waste storage and other stockpiles and reclamation activities, but does not include exploration or any of the following activities:
A. See Maine Revised Statutes Title 38 Sec. 490-MMMining 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 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 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 Open-pit mining: means , for any single mining operation permitted under this article, the process of mining a metallic mineral deposit by use of surface pits or excavations having greater than 3 acres of surface area in aggregate or by means of a surface pit excavated using one or more horizontal benches. See Maine Revised Statutes Title 38 Sec. 490-MM Parent: means a person who, with respect to a child:
A. See Maine Revised Statutes Title 18-C Sec. 9-102Permittee: means a person who is issued a mining permit. See Maine Revised Statutes Title 38 Sec. 490-MM 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 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 Pretrial conference: A meeting of the judge and lawyers to discuss which matters should be presented to the jury, to review evidence and witnesses, to set a timetable, and to discuss the settlement of the case. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. 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 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 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 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 Tailings impoundment: means a surface area, contained by dikes or dams, on which is deposited the slurry of material that is separated from a metallic product in the beneficiation or treatment of minerals, including any surrounding dikes constructed to contain such material. See Maine Revised Statutes Title 38 Sec. 490-MM United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Wet mine waste unit: means a mine waste unit in which mine wastes are placed under water to minimize sulfide oxidation, acid formation or particulate pollution. 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