§490-J. Fees

The owner or operator of an excavation being operated under this article must pay the regulator:   [PL 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;

[PL 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   [PL 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;   [PL 2005, c. 158, §7 (AMD).]

[PL 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;   [PL 1995, c. 700, §31 (NEW).]

B. A fee of $500 for a variance to create an externally drained pit; and   [PL 1995, c. 700, §31 (NEW).]

C. A fee of $125 for a variance to waive the topsoil salvage requirement; and   [PL 1995, c. 700, §31 (NEW).]

[PL 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.

[PL 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.   [PL 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.   [PL 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.   [PL 2003, c. 673, Pt. GG, §2 (NEW).]

SECTION HISTORY

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