| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 38 MRSA §484-B is enacted to read: |
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| | | §484-B.__Additional standards for quarries and excavations |
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| | | In addition to other standards required by or pursuant to this | | article, a quarry or an excavation for borrow, clay, topsoil or | | silt that is licensed pursuant to this article, regardless of the | | date of licensing, must meet the following minimum standards | | concerning dust control and spill prevention. |
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| | | 1.__Spill prevention.__Refueling operations, oil changes and | | other maintenance activities requiring the handling of fuels, | | petroleum products, hydraulic fluids and other on-site activity | | involving the storage or use of products that, if spilled, may | | contaminate groundwater, must be conducted in accordance with the | | department's spill prevention, control and countermeasures plan.__ | | Petroleum products and other substances that may contaminate | | groundwater must be stored and handled over impervious surfaces | | that are designed to contain spills.__The spill prevention, | | control and countermeasures plan must be posted at the site. |
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| | | 2.__Dust control.__Dust generated by activities at an | | excavation site, including dust associated with traffic to and | | from the excavation site, must be controlled by sweeping, paving, | | watering or other best management practices for control of | | fugitive emissions.__Dust control methods may include the | | application of calcium chloride, as long as the manufacturer's | | guidelines are followed.__Visible emissions from a fugitive | | emission source may not exceed an opacity of 20% for more than 5 | | minutes in any one-hour period. |
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| | | The department may require that a quarry or excavation take | | additional measures or provide additional information when | | necessary to meet the standards for development set forth in | | section 484. |
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| | | Sec. 2. 38 MRSA §490-A, sub-§5-A, as enacted by PL 1995, c. 700, §18, | | is amended to read: |
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| | | 5-A. Reclamation. "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 and, the | | enhancement of wildlife and aquatic habitat and aquatic resources | | and the development of the site for residential, commercial, | | recreational or industrial use. |
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