Maine Revised Statutes Title 38. Waters and Navigation § 490-X. Applicability

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.

This article does not apply to a quarry located wholly within the jurisdiction of the Maine Land Use Planning Commission.

This article does not apply to an excavation or grading preliminary to a construction project, unless intended to circumvent this article.

A person with a valid permit for a quarry under article 6  1 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.

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.