| | 24.__Working pit.__"Working pit" means the extraction area, | including overburden, of an excavation for rock.__"Working pit" | does not include a stockpile area or an area that has a permanent | fixed structure such as an office building, permanent processing | facility or fixed fuel storage structure. |
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| | Sec. 4. 38 MRSA §490-Z, sub-§8, as amended by PL 2005, c. 158, §12, is | further amended to read: |
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| | 8. Erosion and sedimentation control. All reclaimed and | unreclaimed areas, except for access roads, A working pit must be | naturally internally drained at all times unless a variance is | obtained from the department. Stockpiles consisting of topsoil | to be used for reclamation must be seeded, mulched or otherwise | temporarily stabilized. |
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| A. Sediment may not leave the parcel or enter a protected | natural resource. |
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| B. Grubbed areas not internally drained must be stabilized. |
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| C. Erosion and sedimentation control for access roads must | be conducted in accordance with the department's best | management practices for erosion and sedimentation control. | Areas for access roads that are not naturally internally | drained must meet the standards of section 420-C. |
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| D.__All areas other than a working pit area that are not | naturally internally drained must meet the erosion and | sedimentation control standards of section 420-C. |
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| The department may not grant a variance from the provisions of | paragraph A, B or, C or D. Areas are not considered "naturally | internally drained" if surface discharge is impeded through the | use of structures such as detention ponds, retention ponds and | undersized culverts. |
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| | Sec. 5. 38 MRSA §551, sub-§1-B, as amended by PL 2003, c. 137, §1, is | further amended to read: |
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| | 1-B. Research and development. The Legislature may allocate | not more than $250,000 per annum of the amount currently in the | fund to be devoted to research and development in the causes, | effects and removal of pollution caused by oil, petroleum | products and their by-products on the marine environment. | Researchers receiving funds under this subsection shall use | vessels based in this State as platforms when practicable. Such | allocations must be made in accordance with section 555. This | subsection takes effect July 1, 1996. |
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