Maine Revised Statutes
Article 6: SITE LOCATION OF DEVELOPMENT
38 §484-A. Unlicensed pits; temporary licensing exemption

§484-A. Unlicensed pits; temporary licensing exemption
If a borrow pit was between 5 and 30 acres on October 1, 1993 and was not licensed as required under this article, its owner or operator is not required to obtain a license under this article if:   [PL 1995, c. 700, §7 (AMD).]
1.  Notice of intent to comply.  Pursuant to section 490‑C, the owner or operator of the pit files a notice of intent to comply no later than:  
A. April 1, 1995, for pits having reclaimed or unreclaimed areas that drain externally or having reclaimed or unreclaimed areas where internal drainage is achieved with berms or other structures; or   [PL 1995, c. 287, §3 (AMD).]
B. October 1, 1995, for pits where all reclaimed and unreclaimed lands are naturally internally drained; and   [PL 1995, c. 287, §3 (AMD).]
[PL 1995, c. 287, §3 (AMD).]
2.  Adherence to compliance schedule.  By October 1, 1996:  
A. All reclaimed and unreclaimed areas that were not naturally internally drained on October 1, 1993 are stabilized or reclaimed;   [PL 1993, c. 350, §4 (NEW).]
B. All other conditions existing on October 1, 1993 comply with the performance standards under article 7; and   [PL 1993, c. 350, §4 (NEW).]
C. All activities conducted after filing a notice of intent to comply are conducted in compliance with article 7.   [PL 1993, c. 350, §4 (NEW).]
[PL 1995, c. 287, §4 (AMD).]
An unlicensed borrow pit of 5 or more acres is in violation of this article if the owner or operator of that pit does not file a notice of intent to comply under subsection 1. The written enforcement policy for responding to violations referred to in section 343‑C, subsection 1 does not apply to the owner or operator of an excavation regulated under article 7.   [PL 1995, c. 700, §7 (AMD).]
SECTION HISTORY
PL 1993, c. 350, §4 (NEW). PL 1995, c. 287, §§3,4 (AMD). PL 1995, c. 700, §7 (AMD).

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