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38 §1310-AA. Public benefit determination

§1310-AA. Public benefit determination 1.  Application for public benefit determination.  Prior to submitting an application under section 1310‑N for a license for a new or expanded solid waste disposal facility, a person must apply to the commissioner for a determination of whether the proposed facility provides a substantial public benefit.   [PL 1995, c. 465, […]

38 §1310-N. Solid waste facility licenses

§1310-N. Solid waste facility licenses No person may locate, establish, construct, expand the disposal capacity of or operate any solid waste facility unless approved by the department under the provisions of this chapter. When the proposed facility is located within the jurisdiction of the Maine Land Use Planning Commission, in addition to any other requirement, […]

38 §1310-Q. Transfer of license

§1310-Q. Transfer of license 1.  Transfer.  A person may not transfer a license issued pursuant to this Title without the transfer of the license being approved by the department prior to transfer of the ownership of the property, facility or structure that constitutes or is part of the solid waste disposal facility. The department, at […]

38 §1310-R. Transition provisions

§1310-R. Transition provisions 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).] 2.  Recycling.  The recycling requirements shall apply as follows.   A. The department […]

38 §1310-S. Public and local participation

§1310-S. Public and local participation In addition to provisions for public participation provided pursuant to Title 5, chapter 375, the following provisions apply to an application for a solid waste disposal facility.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §249 (AMD).] 1.  Notification.  A person applying for […]

38 §1310-T. Application fee

§1310-T. Application fee In addition to any fees imposed pursuant to section 352, the applicant shall pay a fee of $50,000 at the time of filing an application for a solid waste disposal facility. An application is considered incomplete and the department shall defer any review or processing of the application until the applicant has […]

38 §1310-U. Municipal ordinances

§1310-U. Municipal ordinances 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 […]

38 §1310-V. Moratorium

§1310-V. Moratorium Prior to 91 days after the First Regular Session of the 113th Legislature adjourns, the department may not process or act upon any application or issue a license for a new commercial landfill facility or the substantial expansion of a commercial landfill facility. In processing applications after the moratorium, priority must be given […]

38 §1310-X. Future commercial waste disposal facilities

§1310-X. Future commercial waste disposal facilities 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, […]

38 §1310-Y. Financial assurance

§1310-Y. Financial assurance An owner or operator of a solid waste disposal facility licensed under section 1310-N shall provide the department assurance of its financial ability to satisfy the estimated cost of corrective action for known releases from the facility and its financial capacity to satisfy the estimated cost of closure and postclosure care and […]

38 §1310-Z. Laboratory analyses

§1310-Z. Laboratory analyses Laboratory analyses required in support of the licensing, operation, closure or postclosure care of a solid waste facility must be performed by a qualified laboratory. Six months after the adoption of laboratory certification rules required by Title 22, section 567, all laboratories must be certified or exempted from certification pursuant to those […]