1. Disposal services. Each municipality shall provide solid waste disposal services for domestic and commercial solid waste generated within the municipality and may provide these services for industrial wastes and sewage treatment plant sludge.

[PL 1989, c. 585, Pt. E, §17 (RPR).]

Terms Used In Maine Revised Statutes Title 38 Sec. 1305

  • Disposal: means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. See Maine Revised Statutes Title 38 Sec. 1303-C
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • Septage: means waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Sludge: means nonhazardous solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or wet process air pollution control facility or any other waste having similar characteristics and effect. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Solid waste: means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Storage: means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
  • Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
  • Treatment: means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. See Maine Revised Statutes Title 38 Sec. 1303-C
2. Ordinances.

[PL 1983, c. 816, Pt. A, §43 (RP).]

3.

[PL 1983, c. 380, §3 (RP).]

4. Municipal status reports.

[PL 1989, c. 585, Pt. E, §18 (RP).]

5. Municipal permits. All permits issued pursuant to Title 30?A, chapter 183, subchapter I, shall, in addition to requirements imposed by those sections, be conditioned on compliance with rules adopted by the board concerning the operation of solid waste disposal facilities. Copies of permits issued by the municipality must be submitted to the commissioner within 30 days of issue.

[PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §231 (AMD).]

6. Municipal septage sites. Each municipality shall provide for the disposal of all refuse, effluent, sludge and any other materials from all septic tanks and cesspools located within the municipality. In addition, any person may provide a site for disposal of septage. In addition to making application to the Department of Environmental Protection for approval of any site, that person shall have written approval for the site location from the municipality in which it is located, unless the site is located in a Resource Protection District under the jurisdiction of the Maine Land Use Planning Commission. A municipality may determine whether approval of the site must be obtained first from the department or the municipality. The municipal officers shall approve, after hearing, any such private site if they find that the site complies with municipal ordinances and with local zoning and land use controls. In the absence of applicable municipal ordinances and local zoning and land use controls, the municipality shall base its approval of the site on compliance with the siting and design standards in the department’s rules relating to septage management. For purposes of this subsection, “municipality” means a city, town or plantation.

[PL 1997, c. 40, §1 (AMD); PL 2011, c. 682, §38 (REV).]

7. On-site disposal of domestic septage; enforcement.

[PL 2021, c. 641, §3 (RP).]

8. Septage and sludge permits; municipal enforcement. Pursuant to Title 30?A, section 4452, subsection 6, a municipality, after notifying the department, may enforce the terms and conditions of a septage land disposal or storage site permit or a sludge land application or storage site permit issued by the department under this subchapter.

[PL 1997, c. 38, §2 (AMD).]

9. Coordination between municipality and department. Coordination between the department and a municipality concerning applications and modifications in the terms or conditions of a permit or license for a sludge land application site or storage facility is governed by this subsection.
A. Within 14 working days of its receipt of a complete application for a sludge land application site or storage facility, the department shall notify the municipal officers or their designees from the municipality in which the site or facility would be located of the application and the name and address of the applicant. The department shall provide the municipal officers with copies of all test results performed on the sludge material that is proposed to be spread in that municipality. Prior to approving an application for a sludge land application site or storage facility, the department shall consult with the municipal officers or their designees in the municipality in which the site or facility is proposed and provide them with an opportunity to suggest conditions, including additional setbacks, to be imposed on a permit or license. If the department does not impose conditions on a permit or license that have been suggested in writing by the municipal officers, the department shall provide a written explanation to the municipal officers. [PL 1999, c. 393, §3 (NEW).]
B. The department shall consult with the municipal officers within 10 days of receiving a request by the sludge generator to change the terms or conditions of a permit or license. The municipality may petition the commissioner to review a generating facility’s testing protocol for sludge. The commissioner shall respond to the municipality in writing within 10 days of the municipality’s petition. The commissioner may order the applicant to conduct an additional test at the applicant’s cost. A copy of the additional test results must be provided to the municipal officers. [PL 1999, c. 393, §3 (NEW).]

[PL 1999, c. 393, §3 (RPR).]

SECTION HISTORY

PL 1973, c. 387 (NEW). PL 1979, c. 383, §9 (AMD). PL 1979, c. 541, §A277 (AMD). PL 1983, c. 11 (AMD). PL 1983, c. 380, §§2,3 (AMD). PL 1983, c. 726, §2 (AMD). PL 1983, c. 816, §A43 (AMD). PL 1985, c. 27 (AMD). PL 1987, c. 737, §§C97,C106 (AMD). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,C10 (AMD). PL 1989, c. 585, §§E17,E18 (AMD). PL 1989, c. 890, §§A40,B231 (AMD). PL 1991, c. 499, §21 (AMD). PL 1991, c. 732, §5 (AMD). PL 1997, c. 38, §§2-4 (AMD). PL 1997, c. 40, §1 (AMD). PL 1999, c. 393, §§3,4 (AMD). PL 2011, c. 682, §38 (REV). PL 2021, c. 641, §3 (AMD).