Me. Stat. tit. 38 § 490-J

Current through 131st (2023-2024) Legislature Chapter 684
Section 490-J - Fees

The owner or operator of an excavation being operated under this article must pay the regulator: [1995, c. 700, §31(AMD).]

1.Initial fee. A fee of $250 upon filing a notice of intent to comply under section 484-A or 490-C;

[1993, c. 350, §5(NEW).]

2.Annual fee. By March 1st of each year, an annual fee of:
A. Four hundred dollars for an excavation from which 2,500 cubic yards or more of material will be extracted during that year; and [2005, c. 158, §7(AMD).]
B. One hundred dollars, for all other excavations. To be eligible for the annual fee under this paragraph, the owner or operator must include with the payment of this fee a signed statement certifying that less than 2,500 cubic yards of material will be extracted during that year; [2005, c. 158, §7(AMD).]

[2005, c. 158, §7(AMD).]

3.Variance fee. A fee of $250 for each variance requested under section 490-E, except for the following:
A. A fee of $500 for a variance to excavate below the seasonal high water table; [1995, c. 700, §31(NEW).]
B. A fee of $500 for a variance to create an externally drained pit; and [1995, c. 700, §31(NEW).]
C. A fee of $125 for a variance to waive the topsoil salvage requirement; and [1995, c. 700, §31(NEW).]

[1995, c. 700, §31(AMD).]

4.Notice of intent to expand. A fee of $250 upon filing a notice of intent to expand under section 490-F.

[1993, c. 350, §5(NEW).]

Notwithstanding any other provision of this section, the total for all fees paid under subsections 1 and 2 for one borrow, clay, topsoil or silt excavation in one calendar year may not exceed $350. [1995, c. 700, §31(AMD).]

Payment of the annual fee under subsection 2 is no longer required after reclamation is complete as determined by the department. The department shall inspect the site before making this determination. [1995, c. 700, §31(NEW).]

All fees received under this article must be deposited in the Maine Environmental Protection Fund consistent with section 353-C. [2003, c. 673, Pt. GG, §2(NEW).]

38 M.R.S. § 490-J

1993, c. 350, § 5 (NEW) . 1995, c. 700, § 31 (AMD) . 2003, c. 673, §GG2 (AMD) . 2005, c. 158, § 7 (AMD) .