Maine Revised Statutes Title 38 Sec. 1702 – Declaration of policy
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1. Policy. It is the policy of the State to encourage the development of refuse disposal districts consisting of:
A. A municipality; or [PL 1983, c. 820, §2 (NEW).]
B. Two or more municipalities, so that those districts may economically construct and operate refuse disposal systems to assist in the abatement of pollution and to enhance the public health, safety and welfare of the citizens of the State. For purposes of this chapter, a village corporation created by a private and special Act of the Legislature shall be considered a municipality, except that this Act shall not be construed as granting authority to any village corporation to enact ordinances. [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1702
- Corporation: 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, injection, dumping, spilling, leaking or placing of any solid waste into or on any land or water in a manner such that the solid waste, or any constituent of the solid waste, may enter the environment or be emitted into the air or discharged into any water, including ground waters. See Maine Revised Statutes Title 38 Sec. 1705
- disposal district: means any district formed under this chapter. See Maine Revised Statutes Title 38 Sec. 1705
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Municipality: means municipality as defined in Title 30?A, section 2001, and includes plantations and unorganized territories. See Maine Revised Statutes Title 38 Sec. 1705
- Solid waste: means useless, unwanted or discarded, nonhazardous solid materials with insufficient liquid content to be free flowing, including, but not limited to, rubbish, garbage, scrap materials, junk, refuse, inert fill material and landscape refuse. See Maine Revised Statutes Title 38 Sec. 1705
- Waste management: means purposeful, systematic and unified control of the handling, transportation and disposal of solid waste. See Maine Revised Statutes Title 38 Sec. 1705
2. Formation of district. A refuse disposal district may be formed where:
A. There is a need throughout a part or all of the territory embraced within the proposed district for the accomplishment of the purpose of providing an adequate, efficient system and means of collection, transporting and disposing of domestic, commercial and industrial solid wastes within the proposed district; [PL 1983, c. 820, §2 (NEW).]
B. These purposes can be effectively accomplished therein on an equitable basis by a refuse disposal district if created; and [PL 1983, c. 820, §2 (NEW).]
C. The creation and maintenance of such a district will be administratively feasible and in furtherance of the public health, safety and welfare. [PL 1983, c. 820, §2 (NEW).]
[PL 1983, c. 820, §2 (NEW).]
3. Furtherance of Maine Hazardous Waste, Septage and Solid Waste Management Act. It is the policy of the State to encourage the development of refuse disposal districts that further the policy of the Maine Hazardous Waste, Septage and Solid Waste Management Act as it pertains to nonhazardous solid waste programs.
[RR 1993, c. 1, §134 (COR).]
SECTION HISTORY
PL 1983, c. 820, §2 (NEW). RR 1993, c. 1, §134 (COR).