This article applies to any quarry, including reclaimed and unreclaimed areas, if the quarry is more than one acre in size, the total excavated area including adjacent parcels under a common owner or operator is more than one acre in size or underground production blasting is proposed. [PL 2007, c. 297, §8 (AMD).] This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission. [PL 1995, c. 700, §35 (NEW); PL 2011, c. 682, §38 (REV).] This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article. [PL 1995, c. 700, §35 (NEW).] A person with a valid permit for a quarry under article 6 must operate that quarry in compliance with the terms and conditions of that permit. Any modification of the permit must be in conformance with section 484. A person with a permit under article 6 may file a notice of intent to comply with this article. The permit issued under article 6 lapses as of the date a complete notice of intent is filed with the department. If the permittee chooses to substitute a notification pursuant to this article, all terms and conditions that applied to the permit issued pursuant to article 6 are incorporated into the notification approved pursuant to this article. [PL 1995, c. 700, §35 (NEW).] Notwithstanding any provision of this article to the contrary, a person exempt from the requirements of this article that is operating a quarry one acre in size or less; that is operating a quarry that has a total excavated area, including adjacent parcels under a common owner or operator, that is one acre in size or less; or that is operating a quarry and conducting an excavation or grading preliminary to a construction project shall comply with the blasting notification requirements under section 490-Z, subsection 14, paragraph O if the person intends to conduct blasting at that quarry or as part of that excavation or grading. [PL 2025, c. 91, §1 (NEW).]
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