Notwithstanding section 2473, a person intending to conduct recreational or hobby mining activities may request and the commissioner may approve a waiver from the permit requirements of section 2473 for the possession, use, storage and transportation of explosives for use in the recreational or hobby mining activities. [PL 2025, c. 93, §1 (NEW).] 1. Criteria for approval. The commissioner may approve a waiver under this section if the commissioner determines that: A. The person requesting the waiver has not committed any violations of this chapter or the rules adopted pursuant to this chapter or any other violations of law or rules relating to public safety; [PL 2025, c. 93, §1 (NEW).] B. The person requesting the waiver has demonstrated to the commissioner's satisfaction that compliance with the requirements of this chapter is impractical with respect to the recreational or hobby mining activities the person intends to conduct; [PL 2025, c. 93, §1 (NEW).] C. Approving the waiver will not compromise public safety or pose a risk to public or private property; [PL 2025, c. 93, §1 (NEW).] D. The person requesting the waiver has agreed to implement alternative safety measures for the possession, use, storage and transportation of explosives as directed by the commissioner; and [PL 2025, c. 93, §1 (NEW).] E. The person requesting the waiver had previously been issued a waiver from the requirements of section 2473 by the commissioner prior to March 4, 2025. [PL 2025, c. 93, §1 (NEW).] [PL 2025, c. 93, §1 (NEW).] 2. Rules. The commissioner may adopt rules as necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. [PL 2025, c. 93, §1 (NEW).] As used in this section, "recreational or hobby mining activities" means mining activities for which a person is not required to obtain a permit under the Maine Metallic Mineral Mining Act and that are conducted for a noncommercial purpose. [PL 2025, c. 93, §1 (NEW).]
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