LD 1506
pg. 12
Page 11 of 13 An Act To Update the Laws Governing Borrow Pits and Quarries Page 13 of 13
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LR 585
Item 1

 
4. It amends the standards in the laws governing borrow pits
regarding roads, rights-of-way and natural buffer strips to provide
that a natural buffer at least 50 feet wide must be maintained
between the working edge of an excavation and any public right-of-
way that does not contain a road. It also provides that when a
variance is allowed from the public road standard, it may not
result in a natural buffer strip of less than 50 feet between the
working edge of the excavation and any road or right-of-way,
whichever is farther from the excavation. The buffer along a public
road other than a scenic highway may be reduced if there is a
public entity or entities with authority to grant permission and
the applicant receives permission in writing from each authority.

 
5. It provides that any written permission to reduce a buffer
from a property line in the laws governing borrow pits must
remain in effect until mining ceases and must be recorded in the
registry of deeds.

 
6. It amends the erosion and sedimentation standard in the
laws governing borrow pits to provide that areas that are not
naturally internally drained must meet the standards of the laws
governing erosion and sedimentation control in the Maine Revised
Statutes, Title 38, section 420-C.

 
7. It repeals and replaces the existing surface water
protection and storm water standards in the laws governing borrow
pits. The new provision clarifies when the storm water standards
of Title 38, section 420-D must be met in regard to externally
drained areas. It also indicates that a waste discharge must
meet standards and obtain authorization pursuant to Title 38,
section 413 if required.

 
8. It adds a numeric standard for fugitive dust emissions to
the laws governing borrow pits.

 
9. It authorizes the department to grant a release from
requirements of the borrow pit law after reclamation of the
affected area. The department would be required to inspect the
site before the release, and the release would terminate if any
further excavation was proposed on the parcel for borrow, clay,
topsoil or silt.

 
10. It clarifies that reclamation of the land affected by
mining may include development of the site for residential,
commercial, recreational or industrial use under the quarry law.

 
11. It provides that comments submitted in relation to a


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