LD 1506
pg. 2
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LR 585
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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.

 
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.

 
Sec. 2. 38 MRSA §490-A, sub-§5-A, as enacted by PL 1995, c. 700, §18,
is amended to read:

 
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.

 
Sec. 3. 38 MRSA §490-C, first ¶, as amended by PL 1995, c. 700, §23, is
further amended to read:

 
Except as provided in section 484-A, a person intending to
create or operate an excavation under this article must file a
notice of intent to comply before the total area of excavation on
the parcel equals 5 or more acres excavated since January 1,
1970. Both reclaimed and unreclaimed areas are added together in
determining whether this 5-acre threshold is met. A notice filed
under this section must be complete, submitted on forms approved
by the department and mailed to the municipality, the department,
the Maine Historic Preservation Commission and each abutting
property owner. The notice that is mailed to the municipality
and each abutting property owner must be mailed at least 7 days
prior to filing the notice of intent to comply with the
regulator. The notice that is mailed to the regulator must be
sent by certified mail, return receipt requested. Upon receiving
the postal receipt, the owner or operator may commence operation.
The municipality where the proposed excavation is located may
submit comments to the department if the proposed excavation may
pose an unreasonable adverse impact under the standards in
section 490-D. Within 30 days of receipt of the notice of intent
to comply, the department must respond to the comments made by
the municipality. Abutting property owners, the Maine Historic
Preservation Commission or other interested persons may submit
comments directly to the department.

 
Sec. 4. 38 MRSA §490-D, sub-§§6-A, 7 and 8, as amended by PL 1995, c.
700, §24, are further amended to read:


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