Section 096-200-1-4 - Relation to Other RulesThis section applies to all exploration, advanced exploration and mining activities. Compliance with the provisions of this Chapter, the mining permit, and the Act does not:
A. Relieve a Permittee of the obligation to comply with all other applicable state, federal, or local statutes, regulations, or ordinances, including but not limited to the regulations for air emissions, water discharges, hazardous waste management for wastes not exempted from the federal hazardous waste management requirements under 40 CFR § 261.4(b)(3) or (b)(7) (July 1, 2015), and underground storage tanks; permits required under 38 M.R.S. Chapter 3, Subchapter 1, Article 5-A (Natural Resources Protection Act), waste discharge licenses required under 38 M.R.S. §413 for discharges of pollutants to groundwater via an underground injection well or discharges of pollutants to surface waters of the State, including permits for construction and industrial discharge issued by the Department pursuant to 40 CFR § 122.26; licenses required under 38 M.R.S. Chapter 4 (Protection and Improvement of Air); hazardous waste management licenses and other permits or licenses issued pursuant to any United States Environmental Protection Agency federally delegated or authorized program. NOTE: Pursuant to 38 M.R.S. §490-NN(1)(A), the provisions of Chapter 3, Subchapter 1, Article 6 (Site Location of Development), Article 7 (Performance Standards for Excavations for Borrow, Clay, Topsoil or Silt), and Article 8-A (Performance Standards for Quarries); Chapter 13 (Waste Management); and 38 M.R.S. §420-D (Storm Water Management) do not apply to applications reviewed under the Act and this Chapter, except when permits or licenses are issued pursuant to any United States Environmental Protection Agency federally delegated or authorized program, as also set forth at 38 M.R.S. §490-NN(1)(A). In the case of waste management, the Department has interpreted the Act to exclude only those mine wastes that have been excluded by Subchapter 3 of the Resource Conservation and Recovery Act, 42 CFR §6901 et seq. and 40 CFR § 261.4(b) (3) and (b)(7) (July 1, 2015).
B. Prevent a municipality from regulating or controlling mining or reclamation activities; andC. Prevent a municipality from regulating the routes, hours, and weights of transportation of ore, rock, tailings, and other mining-related materials on public streets and roads in order to protect the public health, safety, and welfare.06-096 C.M.R. ch. 200, § 1-4