Maine § 490-PP. - Mining permit; duration; termination; revocation; transfer; amendment
Full text of Maine Maine Revised Statutes § 490-PP. — Mining permit; duration; termination; revocation; transfer; amendment, with citation guidance and answers to common questions.
§ 490-PP.. Mining permit; duration; termination; revocation; transfer; amendment
1. Duration of permit. A mining permit issued by the department remains in effect until terminated or revoked by the department. The duration of other permits issued for the mining operation must be provided for in those permits. The department shall conduct annual reviews of the mining operations and assess compliance with the permit terms.
2. Termination of permit. After public notice, the department may terminate or request surrender of a mining permit if:
A. The permittee has not commenced construction of mining facilities or conducted mining activities covered by the mining permit within 4 years after the effective date of the mining permit; or [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. The permittee has satisfied the requirements of the environmental protection, reclamation and closure plan and completed final reclamation of the mining area and, if necessary, the affected area and requests the termination of the mining permit and the department determines all of the following:
(2) The permittee has otherwise fulfilled all conditions determined to be necessary by the department to protect the public health, safety and welfare and the environment; and
(3) The requirements for the post-closure monitoring period have been satisfied. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
3. Revocation of permit. The department may revoke a mining permit after public notice pursuant to section 490‑TT.
4. Transfer of permit. After public notice and unless otherwise provided in this article, a mining permit may be transferred with prior written approval of the department in accordance with the provisions of this subsection.
A. The person acquiring the mining permit shall submit to the department on forms provided by the department a request for transfer of the mining permit and shall provide the financial assurance required under section 490‑RR. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. A person acquiring a mining permit must accept the conditions of the existing mining permit and adhere to the requirements set forth in this article. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
C. If a permittee is determined by the department to be in violation of this article or the rules adopted under this article at the mining site that is the subject of the transfer, the mining permit may not be transferred until the permittee has completed the necessary corrective actions or the person acquiring the mining permit has entered into a written consent agreement to correct all of the violations. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
D. A transferee shall demonstrate to the department's satisfaction the technical and financial capacity and intent to:
(2) Satisfy all applicable statutory and regulatory criteria, including, but not limited to, providing adequate evidence of the financial assurance required by section 490‑RR. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
5. Amendment of permit. After public notice, a mining permit may be amended in accordance with this subsection.
A. A permittee may submit to the department a request to amend a mining permit to address anticipated changes in the mining operation, including, if applicable, amendments to the environmental impact assessment and to the environmental protection, reclamation and closure plan. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
B. The department may require a mining permit to be amended if the department determines that the terms and conditions of the mining permit are not providing reasonable protection of the environment, natural resources or public health and safety. [PL 2011, c. 653, §23 (NEW); PL 2011, c. 653, §33 (AFF).]
Frequently Asked Questions About Maine § 490-PP.
What does Maine Revised Statutes § 490-PP. cover?
Section 490-PP. ("Mining permit; duration; termination; revocation; transfer; amendment") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 490-PP.?
A common citation format is "Maine Revised Statutes § 490-PP." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 490-PP. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.