Section 1310-X - Future commercial waste disposal facilities1.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. [1993, c. 355, §52(AMD).]
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. [1995, c. 465, Pt. A, §20(AMD); 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; [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 [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. [1995, c. 465, Pt. A, §21(AMD); 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.
[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 [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. [1995, c. 588, §1(NEW).] [2003, c. 551, §17(AMD).]
Amended by 2012, c. 566,§ 1, eff. 8/30/2012.1989, c. 585, §E34 (NEW) . 1989, c. 869, §A9 (RPR) . 1989, c. 878, §H8 (RPR) . 1991, c. 297, § 1 (RPR) . 1991, c. 382, (AMD) . 1993, c. 355, § 52 (AMD) . 1995, c. 68, § 1 (AMD) . 1995, c. 465, §§A20,21 (AMD) . 1995, c. 465, §C2 (AFF) . 1995, c. 588, § 1 (AMD) . 2003, c. 551, § 17 (AMD) .