A.__A variance must be obtained and storm water standards adopted pursuant to section 420-D must be met for any part of a project, other than the working pit area, that is not naturally internally drained if that part of the project would require a storm water management permit pursuant to section 420-D but for the exception for certain excavations in section 420-D, subsection 5.__A storm water management permit pursuant to section 420-D is not required.

B. A waste discharge must meet standards and obtain authorization if required pursuant to section 413.

Sec. 6. 38 MRSA §490-D, sub-§13, as amended by PL 1995, c. 700, §24, is further amended to read:

13. Dust. Dust generated by activities at the 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, providing the manufacturer's labeling guidelines are followed. The department may not grant a variance from the provisions of this subsection. Visible emissions from a fugitive emission source may not exceed an opacity of 20% for more than 5 minutes in any one-hour period.

Sec. 7. 38 MRSA §490-J, sub-§2, ¶¶A and B, as amended by PL 1995, c. 700, §31, are further amended to read:

2. Annual fee. By March 1st of each year, an annual fee of:

A. Three Four hundred and fifty dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and

B. Fifty One hundred dollars, for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year;

Sec. 8. 38 MRSA §490-N is enacted to read:

§490-N.__Release