Maine Code § 38-484-A

Unlicensed pits; temporary licensing exemption
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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).]

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