Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 378 - VARIANCE CRITERIA FOR THE EXCAVATION OF ROCK, BORROW, TOPSOIL, CLAY OR SILT AND PERFORMANCE STANDARDS FOR THE STORAGE OF PETROLEUM PRODUCTS
Section 096-378-4 - Terms and conditions

Universal Citation: 06 ME Code Rules § 096-378-4

Current through 2024-38, September 18, 2024

Unless otherwise stated in the variance approval, the operation and reclamation of a mining operation is subject to the following standard conditions.

A. Standard conditions

(1) Approval of variation from plans. The granting of this variance approval is dependent upon and limited to the proposals and plans contained in the variance application and supporting documents submitted and affirmed to by the applicant. Any variation from these plans, proposals, and supporting documents is subject to review and approval prior to implementation. Any such variation undertaken without approval of the department is in violation of 38 M.R.S.A. §483-A and is subject to penalties under 38 M.R.S.A. §349.

(2) Initiation of development within two (2) years. If the construction or operation of the activity is not begun within two years, this variance approval shall lapse and the applicant may reapply to the department. The applicant may not begin construction or operation of the development until a new variance approval is granted. Re-applications must state the reasons why the development was not begun within 2 years from the granting, and may include information submitted in the initial variance application by reference.

(3) Approval shown to contractors and agents. Work done by a contractor or agent of the applicant may not begin before the contractor or agent has been provided with a copy of this variance approval.

(4) Compliance with all terms and conditions of approval. The applicant shall submit all reports and information requested by the department to demonstrate compliance with the terms and conditions of this approval.

B. Special conditions. In addition to the standard conditions, the department may, as a term or condition of the variance approval, establish any reasonable requirement deemed necessary to ensure that the excavation or quarry operation meets the licensing criteria of 38 MRSA §§490-D and 490-Z. Such conditions must address themselves to specifying particular means of satisfying minor or easily corrected problems, or both, and may not substitute for or reduce the applicant's burden to show that each of the licensing criteria of the 38 MRSA §§490-D and 490-Z has been met.

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