Maine Revised Statutes Title 38 Sec. 1310-R – Transition provisions
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1. General. Except as otherwise provided, the provisions of this article apply to any new, expanded or existing solid waste disposal facility licensed or relicensed after the effective date of this article.
[PL 1987, c. 517, §25 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1310-R
- 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
- Recycling: means the collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation and treatment of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for the generation of electricity. 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
- Solid waste disposal facility: means a solid waste facility for the incineration or landfilling of solid waste or refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 1303-C
2. Recycling. The recycling requirements shall apply as follows.
A. The department shall apply the provisions of section 1310?N, subsection 5?A, paragraph A, subparagraph (1) when relicensing any solid waste disposal facility, except that, to the extent that waste disposal contracts in effect on June 29, 1987 are inconsistent with section 1310?N, subsection 5?A, paragraph A, subparagraph (1), those provisions apply at the expiration of the term of those contracts without consideration of any renewals or extensions of those contracts. [PL 2007, c. 583, §5 (AMD).]
B. The department shall require an applicant for a new or expanded solid waste disposal facility or for a license renewal submitting a complete application prior to the adoption of the state plan to demonstrate that the facility furthers the purposes of section 2101 and satisfies the regulations under section 1310?N. [PL 1989, c. 585, Pt. E, §30 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §246 (AMD).]
C. The provisions of section 1310?N, subsection 5?A, paragraph A, subparagraph (2) do not apply to the relicensing of any solid waste disposal facility licensed prior to June 29, 1987. [PL 2007, c. 583, §6 (AMD).]
[PL 2007, c. 583, §§5, 6 (AMD).]
3. Public benefit. The public benefit requirements shall apply as follows.
A. [PL 1989, c. 585, Pt. E, §30 (RP).]
A-1. The department shall require an applicant for a new or expanded solid waste disposal facility submitting a complete application prior to the initial adoption of the state plan to submit such information as the department requires to demonstrate that the proposed facility provides a substantial public benefit, including the information described in former section 1310?O. [PL 1989, c. 585, Pt. E, §30 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §247 (AMD).]
B. The provisions of section 1310?N, subsection 1, paragraph B, and section 1310?N, subsection 3, do not apply to the relicensing of a solid waste disposal facility licensed prior to June 29, 1987. [PL 1989, c. 585, Pt. E, §30 (AMD).]
C. [PL 1995, c. 465, Pt. A, §17 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
[PL 1995, c. 465, Pt. A, §17 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
4. Incineration facilities.
[PL 1995, c. 465, Pt. A, §18 (RP); PL 1995, c. 465, Pt. C, §2 (AFF).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §§E30,E31 (AMD). PL 1989, c. 890, §§A40,B246- 248 (AMD). PL 1995, c. 465, §§A17,18 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2007, c. 583, §§5, 6 (AMD).