06-096-200 Me. Code R. § 8-30

Current through 2024-51, December 18, 2024

Section 096-200-8-30 - Permittee Required to Correct Violations and Deterioration in Site Conditions

The Commissioner may order a Permittee to correct a violation of the Act, this Chapter, an order of the Department, or a mining permit.

A.Corrective Action Plan. The Permittee shall develop and submit a corrective action plan on a schedule determined by the Department.

(1) This plan shall, at a minimum:

(a) Be protective of public health and environment;

(b) Propose a remedy to control the sources of releases and ensure compliance with the performance requirements throughout operation, reclamation, closure, and post-closure maintenance;

(c) Propose a schedule for implementing corrective action;

(d) Provide a detailed cost estimate for corrective action activities; and

(e) Provide financial assurance for corrective action costs pursuant to section 9(I) and 17 of this Chapter.

(2) In developing the corrective action plan, at a minimum, the following shall be considered:

(a) Extent, nature, and cause of contamination;

(b) Identification of remedies to achieve compliance with the performance requirements and to prevent future exceedances or deterioration of site conditions;

(c) Availability of alternative treatment or disposal measures during implementation of the corrective action;

(d) Evaluation of performance, reliability, timing and ease of implementation, and potential impacts (including safety and cross-media environmental impacts) of alternative corrective actions;

(e) Potential risk to public health and the environment prior to completion of corrective actions;

(f) Evaluation of requirements (e.g., federal, state and local permit requirements, environmental or public health requirements) that could substantially affect implementation of potential corrective actions; and

(g) Other relevant factors specified by the Department.

B. When the Permittee is aware of a violation of the Act, this Chapter, an order of the Department or a mining permit, the Permittee shall:

(1) Take immediate action to correct the violation; and

(2) Notify the Department of the violation and of the action being implemented to correct the violation.

D. The Permittee shall correct the violation as soon as practicable.

E. The Department may pursue enforcement action in accordance with 38 M.R.S. §§347-A, 348 and 349, or any other statutory authority and may require changes to the corrective action plan.

06-096 C.M.R. ch. 200, § 8-30