Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT HEADING:
PL 1995, C. 350, §5 (NEW); 1995, C. 700, §12 (RPR)
§490-H. Enforcement and penalties
Except as provided in section 490-I, the department shall administer and enforce the
provisions of this article. [1993, c. 350, §5 (NEW).]
The regulator may order the owner or operator that is not operating in compliance
with this article to cease operations until the noncompliance is corrected.
1995, c. 700, §28 (AMD)
A person who violates the provisions of this article commits a civil violation and
is subject to the penalties established under section 349. Penalties assessed for
enforcement actions taken by the State are payable to the State and penalties assessed
for enforcement actions taken by a municipality registered under section 490-I are
payable to that municipality. For any action brought by a municipality under this
article in which the municipality prevails, the court may require the owner or operator
to reimburse the municipality for costs associated with that enforcement action.
1993, c. 350, §5 (NEW)
If, after an opportunity for a hearing, the commissioner determines that the owner
of an excavation site or the person who was engaged in the excavation activity at
the excavation site has violated this article, the commissioner shall direct the department
staff or contractors under the supervision of the commissioner to enter on the property
and carry out the necessary reclamation. The person engaged in mining or any affiliated
person who guarantees performance at the excavation site is liable for the reasonable
expenses of the necessary reclamation. The commissioner may use the bond or other
security to meet the reasonable expenses of reclamation.
1995, c. 700, §29 (NEW)
1993, c. 350, §5 (NEW).
1995, c. 700, §§28,29 (AMD).
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