Article 7: PERFORMANCE STANDARDS FOR EXCAVATIONS FOR BORROW, CLAY, TOPSOIL OR SILT HEADING: PL 1995, C. 350, §5 (NEW); 1995, C. 700,
§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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