Maine Revised Statutes Title 38 Sec. 1310-X – Future commercial waste disposal facilities
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1. New facilities. Notwithstanding Title 1, section 302, the department may not approve an application for a new commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, including any applications pending before the department on or after September 30, 1989.
[PL 1993, c. 355, §52 (AMD).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1310-X
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Biomedical waste: means waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment. See Maine Revised Statutes Title 38 Sec. 1303-C
- Commercial landfill facility: means a commercial solid waste facility that is used for the burial of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C
- Commercial solid waste disposal facility: means a solid waste disposal facility except as follows:
A. See Maine Revised Statutes Title 38 Sec. 1303-CCorporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. 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 Host community: means any town, township or city that is the geographic site of a solid waste disposal facility or any immediately contiguous town, township or city if such town, township or city can demonstrate to the department that it incurs a direct financial impact related to any necessary development or maintenance of infrastructure or to any necessary provision of services as a result of the location or operation of that solid waste disposal facility. See Maine Revised Statutes Title 38 Sec. 1303-C Personal property: All property that is not real property. 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 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. Relicense or transfer of license. The department may relicense or approve a transfer of license for a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, if the facility had been previously licensed by the department as a commercial solid waste disposal or biomedical waste disposal or treatment facility prior to October 6, 1989, and all other provisions of law have been satisfied.
[PL 1995, c. 465, Pt. A, §20 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
3. Expansion of facilities. The department may license an expansion of a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989 if:
A. The department has previously licensed the facility prior to October 6, 1989; [PL 1991, c. 297, §1 (RPR).]
B. The department determines that the proposed expansion is contiguous with the existing facility and:
(1) Is located on property owned on December 31, 1989 by the licensee or by a corporation or other business entity under common ownership or control with the licensee; or
(2) For a commercial solid waste disposal facility that is a commercial landfill facility that is not under order or agreement to close, is located on property owned by the licensee; and [PL 2011, c. 566, §1 (AMD).]
C. For a commercial solid waste disposal facility the commissioner or the department determines as provided in section 1310?N, subsection 3?A that the facility provides a substantial public benefit. [PL 1995, c. 465, Pt. A, §21 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
The department may not process or act upon any application or license an expansion of a commercial landfill facility pursuant to this subsection until the applicant demonstrates to the department that it is in full compliance with the host community agreement pursuant to section 1310?N, subsection 9, if any, on the existing facility and until a host community agreement amendment is executed to account for the proposed expansion.
An expanded facility may not receive a property tax exemption on real or personal property.
[PL 2011, c. 566, §1 (AMD).]
4. Exemption. The following are exempt from the provisions of this section:
A. A commercial biomedical waste disposal or treatment facility, if at least 51% of the facility is owned by a licensed hospital or hospitals as defined in Title 22, section 328, subsection 14 or a group of hospitals that are licensed under Title 22 acting through a statewide association of Maine hospitals or a wholly owned affiliate of the association; and [PL 2003, c. 551, §17 (AMD).]
B. Expansion of a commercial solid waste disposal facility, if the expansion will not result in an increase in the facility’s disposal capacity and the expansion will not be used for solid waste disposal. [PL 1995, c. 588, §1 (NEW).]
[PL 2003, c. 551, §17 (AMD).]
SECTION HISTORY
PL 1989, c. 585, §E34 (NEW). PL 1989, c. 869, §A9 (RPR). PL 1989, c. 878, §H8 (RPR). PL 1991, c. 297, §1 (RPR). PL 1991, c. 382 (AMD). PL 1993, c. 355, §52 (AMD). PL 1995, c. 68, §1 (AMD). PL 1995, c. 465, §§A20,21 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 588, §1 (AMD). PL 2003, c. 551, §17 (AMD). PL 2011, c. 566, §1 (AMD).