Sec. 15. 38 MRSA §490-FF is enacted to read:

§490-FF.__Release

The department may grant a release from the requirements of this article to the owner or operator or a transferee after reclamation of the affected area as determined by the department.__ The department shall inspect the site before making this determination.__The release will terminate if any further excavation on the parcel is proposed by the owner or operator or a transferee.__A person proposing further excavation on the parcel must file a notice of intent to comply pursuant to section 490-Y and comply with all requirements of this article.__Payment of the annual fee under section 490-EE will resume in the year when the further excavation begins.

SUMMARY

This bill amends the laws administered by the Department of Environmental Protection governing borrow pits and quarries. The "borrow pit law" regulates excavations for borrow, clay, topsoil or silt.

1. It adds additional standards for quarries and excavations for borrow, clay, topsoil or silt. The standards require a spill prevention, control and countermeasures plan and address dust control.

2. It clarifies that reclamation of the land affected by mining may include development of the site for residential, commercial, recreational or industrial use pursuant to the borrow pit law.

3. It provides that comments submitted in relation to a notification under the borrow pit law may be submitted directly to the department.