Maine Revised Statutes
Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT
38 §490-J. Fees

§490-J. Fees
The owner or operator of an excavation being operated under this article must pay the regulator: [PL 1995, c. 700, §31 (AMD).]
1. Initial fee. A fee of $250 upon filing a notice of intent to comply under section 484‑A or 490‑C;
[PL 1993, c. 350, §5 (NEW).]
2. Annual fee. By March 1st of each year, an annual fee of:
A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and [PL 2005, c. 158, §7 (AMD).]
B. 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; [PL 2005, c. 158, §7 (AMD).]
[PL 2005, c. 158, §7 (AMD).]
3. Variance fee. A fee of $250 for each variance requested under section 490‑E, except for the following:
A. A fee of $500 for a variance to excavate below the seasonal high water table; [PL 1995, c. 700, §31 (NEW).]
B. A fee of $500 for a variance to create an externally drained pit; and [PL 1995, c. 700, §31 (NEW).]
C. A fee of $125 for a variance to waive the topsoil salvage requirement; and [PL 1995, c. 700, §31 (NEW).]
[PL 1995, c. 700, §31 (AMD).]
4. Notice of intent to expand. A fee of $250 upon filing a notice of intent to expand under section 490‑F.
[PL 1993, c. 350, §5 (NEW).]
Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350. [PL 1995, c. 700, §31 (AMD).]
Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination. [PL 1995, c. 700, §31 (NEW).]
All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353‑C. [PL 2003, c. 673, Pt. GG, §2 (NEW).]
SECTION HISTORY
PL 1993, c. 350, §5 (NEW). PL 1995, c. 700, §31 (AMD). PL 2003, c. 673, §GG2 (AMD). PL 2005, c. 158, §7 (AMD).