Maine Revised Statutes Title 38 Sec. 1310-U – Municipal ordinances
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Terms Used In Maine Revised Statutes Title 38 Sec. 1310-U
- 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
- 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
- Regional association: means 2 or more municipalities that have formed a relationship to manage the solid waste generated within the participating municipalities and for which those municipalities are responsible. 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
- Solid waste facility: means a waste facility used for the handling of solid waste, except that the following facilities are not included:
Municipalities are prohibited from enacting stricter standards than those contained in this chapter and in the solid waste management rules adopted pursuant to this chapter governing the hydrogeological criteria for siting or designing solid waste disposal facilities or governing the engineering criteria related to waste handling and disposal areas of a solid waste disposal facility. Except as provided in section 2173, municipalities are further prohibited from enacting or applying ordinances that regulate solid waste disposal facilities owned by the State or a state agency or a regional association. [PL 2011, c. 655, Pt. GG, §15 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
Under the municipal home rule authority granted by the Constitution of Maine, Article VIII, Part Second and Title 30?A, section 3001, municipalities, except as provided in this section, may enact ordinances with respect to solid waste facilities that contain standards the municipality finds reasonable, including, without limitation, conformance with federal and state solid waste rules; fire safety; traffic safety; levels of noise heard outside the facility; distance from existing residential, commercial or institutional uses; ground water protection; surface water protection; erosion and sedimentation control; and compatibility of the solid waste facility with local zoning and land use controls, provided that the standards are not more strict than those contained in this chapter and in chapter 3, subchapter I, articles 5?A and 6 and the rules adopted under these articles. Municipal ordinances must use definitions consistent with those adopted by the board. [PL 1995, c. 126, §2 (AMD).]
A municipality adopting an ordinance under this section shall forward a copy of the ordinance to the commissioner within 30 days of its adoption. [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §251 (AMD).]
SECTION HISTORY
PL 1987, c. 517, §25 (NEW). PL 1989, c. 585, §E33 (RPR). PL 1989, c. 869, §A8 (AMD). PL 1989, c. 890, §§A40,B251 (AMD). PL 1991, c. 66, §A38 (AMD). PL 1995, c. 126, §2 (AMD). PL 1995, c. 656, §A26 (AMD). PL 2011, c. 655, Pt. GG, §15 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).