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38 §1731. Powers

§1731. Powers Each disposal district formed under this chapter shall have the power, within the district and without the district, to provide for the planning, construction, equipping, operation and maintenance of facilities for the handling of solid waste, including resource recovery and resource conservation; to provide for refuse collection services; to provide for conversion of […]

38 §1732. Real and personal property and right of eminent domain

§1732. Real and personal property and right of eminent domain Each disposal district formed under this chapter may acquire and hold real and personal property which it deems necessary for its purposes, and is granted the right of eminent domain; and for those purposes may take and hold, either by exercising its right of eminent […]

38 §1733. Procedure in exercise of right of eminent domain

§1733. Procedure in exercise of right of eminent domain The right of eminent domain granted in section 1732 may only be exercised after complying with the following procedures.   [PL 1983, c. 820, §2 (NEW).] 1.  Notice to owner.  The district shall provide notice to the owner as follows.   A. The owner or owners […]

38 §1734. Condemnation proceedings

§1734. Condemnation proceedings Each disposal district formed under this chapter, in exercising from time to time the right of eminent domain conferred upon it by section 1732, shall file in the office of the county commissioners of the county in which the property to be taken is located and cause to be recorded in the […]

38 §1735. Appeal

§1735. Appeal If any person sustaining damages by any taking by a disposal district under section 1732 does not agree with the district upon the sum to be paid, either party, upon petition to the county commissioners of the county in which the property is located, may have the damages assessed by them. The procedure […]

38 §1736. Crossing other public utilities

§1736. Crossing other public utilities If any waste facility or portion of any waste facility of any disposal district formed under this chapter crosses the property or line of any public utility, unless consent is given by the public utility as to place, manner and conditions of the crossing within 30 days after consent is […]

38 §1737. Rules

§1737. Rules The directors may from time to time adopt rules to regulate the handling, collection, transportation, resource conservation, resource recovery and disposal of solid waste within the district.   [PL 1983, c. 820, §2 (NEW).] SECTION HISTORY PL 1983, c. 820, §2 (NEW).

38 §1738. Delivery of solid waste

§1738. Delivery of solid waste Prior to a municipality becoming a member of a district or contracting with a district for disposal services, where a district waste facility meets the requirements of section 1304-B, at the discretion of the board of directors of the district, a municipality may be required to enact an ordinance controlling […]

38 §1739. Setting fees and other charges

§1739. Setting fees and other charges The directors may from time to time establish and adjust a structure for fees, including penalty charges, for collection services and transportation and for disposal of solid waste in and upon facilities operated by, on behalf of or under contract with, the district, subject to section 1752.   [PL […]

38 §1740. Annual audit

§1740. Annual audit Each year an audit must be made of the accounts of the district, and for this purpose authorized agents of a certified public accounting firm appointed by the directors must have access to all necessary papers, books and records. Upon the completion of each audit, a report must be made to the […]

38 §1741. Surplus revenues

§1741. Surplus revenues If, at the end of any fiscal year, the district has realized a surplus from operations for the fiscal year, after payment of or provision for all current expenses, current maintenance, repairs and replacements, current debt service on all outstanding bonds and notes of the district, all reserves for debt service, repairs […]