Section 096-200-1-3 - General ProhibitionsA. It shall be unlawful for any person to engage in any exploration, advanced exploration or mining activity, or initiate the construction of such, except as authorized pursuant to this Chapter. NOTE: Qualified exploration activities conducted pursuant to the standards established in section 7 of this Chapter do not require a mining permit.
B. The Department may not approve a mining permit in an unorganized or deorganized area of the State unless the Maine Land Use Planning Commission certifies to the Department that:(1) The proposed mine is an allowed use within the subdistrict or subdistricts in which the project is located; and(2) The proposed mine meets any land use standard established by the Maine Land Use Planning Commission applicable to the project that is not considered in the Department's review.C. The Department may not authorize a discharge of pollutants as defined at 38 M.R.S. §361-A(4-A) to waters of the State under this Chapter. NOTE: Discharges of pollutants to waters to the state require a waste discharge license pursuant to 38 M.R.S. §413, including permits for construction and industrial discharge issued by the Department pursuant to 40 CFR § 122.26.
D. No chemical or oil, products or waste, shall be discharged, mixed, or released onto, into, or under the ground or waters of the State. This prohibition includes, but is not limited to, discharges into or from onsite wastewater treatment plants, mine pits or tunnels, or beneficiation units. All chemicals and oils shall be managed so as to prevent their release and mishandling, including compliance with all applicable management rules and laws including 06-096 C.M.R. ch. 800, 801, 850 through 858, and 860. Chemicals or oils utilized for their intended purpose as a part of the wastewater treatment process, beneficiation process, or other mining activities may be utilized only when identified in the mining permit application or exploration work plan, documented as chemicals or oils that are the least toxic materials available for their intended purpose, being used in appropriate quantities, used solely for their intended purpose and not as a means of disposal, and as approved by the Department. The use of underground injection for disposal is prohibited.E. Waste rock shall not be used for roads or any other construction purpose, except for Group C waste.06-096 C.M.R. ch. 200, § 1-3