Maine Statute | Act | Code |Title 38. Waters And Navigation| US Code - US Statute | Chapter 24. Solid Waste Management And Recycling (heading. Pl 1995, C. 465, Pt. A, @26 (rpr)

USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 24. SOLID WASTE MANAGEMENT AND RECYCLING (HEADING. PL 1995, c. 465, Pt. A, @26 (rpr)

Title 38 - §2101-A. Definitions

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2101-A. Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1995, c. 465, Pt. A, §28 (new); Pt. C, §2 (aff).]

1. Agency. [1995, c. 656, Pt. A, §34 (rp).]

2. Office. "Office" means the State Planning Office. [1995, c. 465, Pt. A, §28 (new); Pt. C, §2 (aff).]

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Title 38 - §2101. Solid waste management hierarchy

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2101. Solid waste management hierarchy

1. Priorities. It is the policy of the State to plan for and implement an integrated approach to solid waste management, which shall be based on the following order of priority:

A. Reduction of waste generated at the source, including both amount and toxicity of the waste; [1989, c. 585, Pt. A, §7 (new).]

B. Reuse of waste; [1989, c. 585, Pt. A, §7 (new).]

C. Recycling of waste; [1989, c. 585, Pt. A, §7 (new).]

D. Composting of biodegradable waste; [1989, c. 585, Pt. A, §7 (new).]

E. Waste processing which reduces the volume of waste needing land disposal, including incineration; and [1989, c. 585, Pt. A, §7 (new).]

F. Land disposal of waste. [1989, c. 585, Pt. A, §7 (new).]

[1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2102. Establishment of the Maine Waste Management Agency (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2102. Establishment of the Maine Waste Management Agency (REPEALED)

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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2103. Powers and duties of the agency (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2103. Powers and duties of the agency (REPEALED)

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2104. Waste Management Advisory Council (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2104. Waste Management Advisory Council (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2105. Payment in lieu of taxes (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2105. Payment in lieu of taxes (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2106. Annual audit (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2106. Annual audit (REPEALED)

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2107. Staff employees; conflict of interest (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2107. Staff employees; conflict of interest (REPEALED)

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2108. Indemnification (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2108. Indemnification (REPEALED)

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2109. Sunset (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2109. Sunset (REPEALED)

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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2110. Confidential information (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2110. Confidential information (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2111. Acquisition of solid waste and residue hauling assets (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2111. Acquisition of solid waste and residue hauling assets (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2112. Small container contract restrictions

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1995, c. 465, Pt. A, @27 (rpr))

§2112. Small container contract restrictions

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Small container" means a 2- to 10-cubic-yard container or dumpster. [2003, c. 338, §1 (new).]

B. "Small containerized solid waste hauling service" means providing solid waste hauling service to customers by providing the customer with a small container or dumpster that is picked up and emptied mechanically using a front-loading or rear-loading truck. "Small containerized solid waste hauling service" does not include hand pickup service or service using a compactor that is attached to or part of a small container. [2003, c. 338, §1 (new).]

C. "Solid waste hauling service" means the collection, removal and transportation to a solid waste transfer station or disposal site of trash and garbage. As used in this paragraph, trash and garbage do not include construction and demolition debris, medical waste, hazardous waste, organic waste, special waste such as contaminated soil or sludge or recyclable materials. [2003, c. 338, §1 (new).]

[2003, c. 338, §1 (new).]

2. Contracts. Contracts for the provision of small containerized solid waste hauling service to customers located in this State are governed by the following provisions.

A. If a contract under this subsection contains an automatic renewal provision, the contractor shall notify the customer by mail between 60 and 90 days prior to the contract termination date that if the customer does not, within 60 days of receipt of the contractor's notification, notify the contractor of the customer's intention to terminate the contract, the contract will be automatically renewed. Notice of termination by the customer may be by any reasonable method, including mail, electronically transmitted facsimile and e-mail. A contract may not contain terms that require a customer to provide notice of termination prior to the time frames provided for in this paragraph. [2003, c. 338, §1 (new).]

B. The financial charge for early termination of a contract under this subsection may not exceed 3 times the current monthly charge. [2003, c. 338, §1 (new).]

C. A contract under this subsection may not require the customer to inform a contractor concerning prices or other terms offered by competitors or require the customer to afford the contractor an opportunity to match or respond to a competitor's offer. [2003, c. 338, §1 (new).]

[2005, c. 220, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2121. Office of Planning (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2121. Office of Planning (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2122. State waste management and recycling plan

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2122. State waste management and recycling plan

The office shall prepare an analysis of, and a plan for, the management, reduction and recycling of solid waste for the State. The plan must be based on the priorities and recycling goals established in sections 2101 and 2132. The plan must provide guidance and direction to municipalities in planning and implementing waste management and recycling programs at the state, regional and local levels. [1995, c. 465, Pt. A, §34 (rpr); Pt. C, §2 (aff).]

1. Consultation. In developing the state plan, the office shall consult with the department. The office shall solicit public input and may hold hearings in different regions of the State. [1995, c. 465, Pt. A, §34 (rpr); Pt. C, §2 (aff).]

2. Revisions. The office shall revise the analysis by January 1, 1998 and every 5 years after that time to incorporate changes in waste generation trends, changes in waste recycling and disposal technologies, development of new waste generating activities and other factors affecting solid waste management as the office finds appropriate. [1995, c. 588, §2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2123-A. State plan contents

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2123-A. State plan contents

The state plan includes the following elements. [1995, c. 465, Pt. A, §36 (new); Pt. C, §2 (aff).]

1. Waste characterization. The state plan must be based on a comprehensive analysis of solid waste generated, recycled and disposed of in the State. Data collected must include, but not be limited to, the source, type and amount of waste currently generated; and the costs and types of waste management employed including recycling, composting, landspreading, incineration or landfilling. [1995, c. 465, Pt. A, §36 (new); Pt. C, §2 (aff).]

2. Waste reduction and recycling assessment. The state plan must include an assessment of the extent to which waste generation could be reduced at the source and the extent to which recycling can be increased. [1995, c. 465, Pt. A, §36 (new); Pt. C, §2 (aff).]

3. Determination of existing and potential disposal capacity. The state plan must identify existing solid waste disposal and management capacity within the State and the potential for expansion of that capacity. [1995, c. 465, Pt. A, §36 (new); Pt. C, §2 (aff).]

4. Projected demand for capacity. The state plan must identify the need in the State for current and future solid waste disposal capacity by type of solid waste, including identification of need over the next 5-year, 10-year and 20-year periods. [1995, c. 465, Pt. A, §36 (new); Pt. C, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2123-B. Review of policy

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2123-B. Review of policy

In conjunction with revisions of the plan as determined appropriate by the office, but no less often than once every 5 years, the office shall establish a broad-based task force, including representatives of groups interested in solid waste management policy. During the course of its study, the task force shall consult with members of the joint standing committee of the Legislature having jurisdiction over natural resources matters. The task force shall review state solid waste management policy, including the timeline and establishment process for the development of a state-owned solid waste disposal facility; host community benefits; the development of commercial solid waste facilities and the economic competitiveness of commercial facilities; the appropriateness of developing regional disposal facilities to better serve municipalities and businesses; the continued development and expansion of beneficial reuse and recycling; and the proper role of municipal zoning and other local control in regard to siting, expansion and operation of solid waste disposal facilities and shall report its findings and recommendations to the Governor, the department and the joint standing committee of the Legislature having jurisdiction over natural resource matters. [1999, c. 527, §1 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2123. Plan contents (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2123. Plan contents (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2124-A. Solid waste generation and disposal capacity report

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2124-A. Solid waste generation and disposal capacity report

By January 1, 1997 and every 2 years thereafter, the office shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resource matters setting forth information on statewide generation of solid waste, statewide recycling rates and available disposal capacity for solid waste. [1995, c. 588, §4 (new).] div>
The report must include an analysis of how changes in available disposal capacity have affected or are likely to affect disposal prices. When the office determines that a decline in available landfill capacity has generated or has the potential to generate supracompetitive prices, it shall include this finding in its report and shall include recommendations for legislative or regulatory changes as necessary. [2003, c. 338, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2124. Reports

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2124. Reports

The office shall submit the plan and subsequent revisions to the Governor, the department and the joint standing committee of the Legislature having jurisdiction over natural resource matters. [1995, c. 465, Pt. A, §37 (amd); Pt. C, §2 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2125. Evaluation of municipal implementation of solid waste management hierarchy (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 2: SOLID WASTE PLANNING (HEADING: PL 1995, c. 465, Pt. A, @32 (rpr))

§2125. Evaluation of municipal implementation of solid waste management hierarchy (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2131. Office of Waste Reduction and Recycling; established (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2131. Office of Waste Reduction and Recycling; established (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2132. State goals

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2132. State goals

1. State recycling goal. It is the goal of the State to recycle or compost, by January 1, 2009, 50% of the municipal solid waste tonnage generated each year within the State. [2005, c. 220, §2 (amd).]

1-A. State waste reduction goal. It is the goal of the State to reduce the biennial generation of municipal solid waste tonnage by 5% by January 1, 2009 and by an additional 5% every subsequent 2 years. This reduction in solid waste tonnage, after January 1, 2009, is a biennial goal. The baseline for calculating this reduction is the 2003 solid waste generation data gathered by the office. [2005, c. 220, §3 (amd).]

2. Goal revision. The office shall recommend revisions, if appropriate, to the state recycling goal and waste reduction goal established in this section. The office shall submit its recommendations and any implementing legislation to the joint standing committee of the Legislature having jurisdiction over natural resource matters. [2005, c. 220, §4 (amd).]

3. Beneficial use of waste. The use of waste paper, waste plastics, waste wood, including wood from demolition debris, used motor vehicle tires or corrugated cardboard as a fuel in industrial boilers or waste-to-energy facilities for the generation of heat, steam or electricity constitutes recycling only for the purposes of determining whether the goals in subsection 1 are met and for determining municipal progress as provided in section 2133. In order for the use of waste under this subsection to constitute recycling, the office must determine that there is no reasonably available market in the State for recycling that waste and the wastes must be incinerated as a substitute for, or supplement to, fossil or biomass fuels incinerated in the industrial boiler or waste-to-energy facility. [1995, c. 552, §1 (amd).]

4. Reduction in dioxin. It is the policy of the State to reduce the total release of dioxin and mercury to the environment with the goal of its continued minimization and, where feasible, ultimate elimination. [2001, c. 277, §3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2133. Municipal recycling

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2133. Municipal recycling

1. Technical and financial assistance program. [1995, c. 465, Pt. A, §43 (rp); Pt. C, §2 (aff).]

1-A. Recycling progress. Municipalities are not required to meet the state recycling goal in section 2132, but they must demonstrate reasonable progress toward that goal. The office shall determine reasonable progress. [1995, c. 465, Pt. A, §44 (new); Pt. C, §2 (aff).]

2. Recycling feasibility studies. [1995, c. 465, Pt. A, §45 (rp); Pt. C, §2 (aff).]

2-A. Technical and financial assistance program. A program of technical and financial assistance for waste reduction and recycling is established in the office to assist municipalities with managing solid waste. The office may also provide planning assistance to municipalities and regional organizations for managing municipal solid waste. Planning assistance may include cost and capacity analysis and education and outreach activities. The director shall administer the program in accordance with the waste management hierarchy in section 2101. Preference in allocating resources under this section must be given to municipalities that take advantage of regional economies of scale. [2001, c. 626, §21 (amd).]

2-B. Household hazardous waste collection. The office may, within available resources, award grants to eligible municipalities, regional associations, sanitary districts and sewer districts for household hazardous waste collection and disposal programs. In implementing this program, the office shall attempt to:

A. Coordinate the household hazardous waste collection programs with overall recycling and waste management; [1995, c. 465, Pt. A, §46 (new); Pt. C, §2 (aff).]

B. Encourage regional economies of scale; [1995, c. 465, Pt. A, §46 (new); Pt. C, §2 (aff).]

C. Coordinate programs between private and public institutions; [1999, c. 779, §3 (amd).]

D. Maximize opportunities for federal grants and pilot programs; and [1999, c. 779, §3 (amd).]

E. By January 1, 2002 and as necessary thereafter, fund capital improvements and operating expenses to facilitate the development of collection programs throughout the State for hazardous waste that is universal waste, as identified in board rules, generated by households, small-quantity generators, public schools and municipalities. [1999, c. 779, §3 (new).]

Preference in allocating resources under this subsection must be given to municipalities that participate in a household hazardous waste collection region as defined in subsection 2-D. At a minimum, the office shall award grants to public schools and municipalities for reasonable costs incurred as a result of managing waste mercury-added products generated by those public schools and municipalities, in compliance with the requirements in sections 1663 and 1664, that would not otherwise be incurred by complying with existing laws, rules or regulations as of July 15, 2002. [2003, c. 567, §1 (amd).]

2-C. Business technical assistance program. The office may, as resources allow, assist the business community to develop state programs and services that are designed to promote the solid waste hierarchy and that are desired by and financially supported by the business community. The office shall coordinate these efforts in conjunction with the department. [1999, c. 385, §5 (new).]

2-D. Preference for other state grants and investments. When awarding grants or making a discretionary investment under any of the programs under paragraphs A and B, a state agency shall give preference to a municipality that is part of a household hazardous waste collection region. For purposes of this subsection, "household hazardous waste collection region" means a region made up of 2 or more municipalities that work together to establish a collection center to accept the household hazardous waste of residents of each municipality for disposal on a year-round basis. This subsection applies to:

A. Programs that assist in the acquisition of land for conservation, natural resource protection, open space or recreational facilities under Title 5, chapter 353; and [2003, c. 567, §2 (new).]

B. Programs intended to:

(1) Accommodate or encourage additional growth and development;

(2) Improve, expand or construct public facilities; or

(3) Acquire land for conservation or management of specific economic and natural resource concerns.
[2003, c. 567, §2 (new).]

This subsection does not apply to state grants or other assistance for sewage treatment facilities, public health programs or education. The office shall work with state agencies to prepare mechanisms for establishing preferences in specific investment and grant programs as described in paragraphs A and B. [2003, c. 567, §2 (new).]

3. Recycling capital investment grants. The office may make grants to eligible municipalities, regional associations, sanitary districts and sewer districts for the construction of public recycling and composting facilities and the purchase of recycling and composting equipment. The office may establish requirements for local cost sharing of up to 50% of the total grant amount. [1995, c. 656, Pt. A, §37 (amd).]

4. Recycling incentives. The office shall develop and implement a program of incentives to encourage public recycling programs to reach maximum feasible levels of recycling and to meet the recycling goal of section 2132.

A. [1993, c. 298, §2 (rp).]

B. [1995, c. 465, Pt. A, §48 (rp); Pt. C, §2 (aff).]

[1995, c. 465, Pt. A, §48 (amd); Pt. C, §2 (aff).]

5. Access to state waste disposal services. [1995, c. 465, Pt. A, §49 (rp); Pt. C, §2 (aff).]

6. Recycling demonstration grants. The office may make demonstration grants to eligible municipalities, regional associations or other public organizations to pilot waste reduction, recycling and composting programs and to test their effectiveness and feasibility. [1995, c. 465, Pt. A, §50 (new); Pt. C, §2 (aff).]

7. Recycling progress reports. Municipalities shall report annually, on forms provided by the office, on their solid waste management and recycling practices. The annual report must include how much of each type of solid waste is generated and how that solid waste is managed. The office shall assist municipal reporting by developing a municipal waste stream assessment model. The model must rely on actual waste data whenever possible, but incorporate default generation estimates when needed. Default generation estimates must incorporate factors such as commercial activity, geographical differences and municipal population. [1995, c. 656, Pt. A, §38 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2134. Marketing assistance

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2134. Marketing assistance

The office shall provide marketing assistance, which may include the following elements: [1995, c. 656, Pt. A, §39 (amd).]

1. Collection. [1995, c. 465, Pt. A, §51 (rp); Pt. C, §2 (aff).]

2. Incentive program. [1995, c. 465, Pt. A, §51 (rp); Pt. C, §2 (aff).]

3. Information clearinghouse. An information clearinghouse on recycling markets to improve the marketing of materials to be recycled. The office shall maintain a current list of municipal recycling programs, together with a description of the recyclable materials available through the programs. The office shall also maintain listings of brokers, handlers, processors, transporters and other persons providing services and potential markets for recyclable materials. The office shall actively promote the services of the clearinghouse and shall seek to match programs with appropriate recycling businesses. The office shall make its information on recycling services available to public and private solid waste generators seeking markets or services for recyclable materials. The office shall make its technical reports and planning documents available to municipalities and regional associations on a timely basis; and [1995, c. 656, Pt. A, §39 (amd).]

4. Brokering service. Provision for marketing and brokering services for materials when municipal and regional association efforts to market the material and the information clearinghouse are inadequate. [1995, c. 656, Pt. A, §39 (amd).]

5. Marketing development plan. [1995, c. 465, Pt. A, §51 (rp); Pt. C, §2 (aff).]

6. Reuse of waste. [1995, c. 656, Pt. A, §39 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2135-A. Tire management program (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2135-A. Tire management program (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2135. Special services (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2135. Special services (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2136. Scrap metal transportation cost subsidy (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2136. Scrap metal transportation cost subsidy (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2137. State Government recycling and waste reduction

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2137. State Government recycling and waste reduction

The Department of Administrative and Financial Services shall assess the status of recycling efforts undertaken directly by the State for its own solid waste and shall evaluate existing programs and develop necessary new programs for recycling to reduce the generation of solid waste by the State. [1995, c. 656, Pt. A, §40 (amd).]

1. Waste reduction and recycling plan. [1995, c. 465, Pt. A, §55 (rp); Pt. C, §2 (aff).]

2. Capitol complex recycling program. [1995, c. 465, Pt. A, §55 (rp); Pt. C, §2 (aff).]

3. Recycling. Each state agency shall establish and implement a source separation and collection program for recyclable materials produced as a result of agency operations, including, at a minimum, high grade paper and corrugated paper. The source separation and collection program must include, at a minimum, procedures for collecting and storing recyclable materials, bins or containers for storing materials, and contractual and other arrangements with buyers. Each agency shall appoint a recycling coordinator for every 50 employees at a minimum and shall conduct educational programs for its employees on the recycling program. [1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

4. Waste reduction. Each state agency shall establish and implement a waste reduction program for materials used in the course of agency operations. The program must be designed and implemented to achieve the maximum feasible reduction of waste generated as a result of agency operations. [1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

5. University of Maine System. The following provisions apply to the University of Maine System.

A. [1995, c. 465, Pt. A, §55 (rp); Pt. C, §2 (aff).]

B. Each campus of the University of Maine System shall establish and implement a source separation and collection program for recyclable materials, including at a minimum high grade paper, corrugated paper and glass. The source separation and collection program must include procedures for collecting and storing recyclable materials, bins or containers for storing materials and contractual and other arrangements with buyers. Each campus shall appoint a recycling coordinator and shall conduct educational programs for students and employees on the recycling program. [1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

C. Each campus of the University of Maine System shall establish and implement a waste reduction program for materials used in the course of its operations. The program must be designed and implemented to achieve the maximum feasible reduction of waste. [1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

D. Each campus of the University of Maine System shall establish a leaf composting program. [1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

E. Each campus of the University of Maine System shall assess the status of its recycling efforts, evaluate existing programs and, within available resources, develop necessary new programs for recycling to reduce the generation of solid waste by the campus. [1995, c. 465, Pt. A, §55 (new); Pt. C, §2 (aff).]

[1995, c. 465, Pt. A, §55 (amd); Pt. C, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2138. Office paper recycling program

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2138. Office paper recycling program

1. Office paper recycling mandated. Any person employing 15 or more people at a site within the State shall implement an office paper and corrugated cardboard recycling program.

A. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

B. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

C. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

The office may provide technical and marketing assistance and direction to entities within the State to assist with meeting this requirement. Municipalities and regional associations may assist employers in attaining the objectives of this section. [1995, c. 656, Pt. A, §41 (amd).]

2. Office paper. For the purposes of this section, "office paper" includes, but is not limited to, ledger, computer and bond paper. [1989, c. 585, Pt. A, §7 (new).]

3. Certification of tax credit. The office, in cooperation with the State Tax Assessor, shall assist in the administration of tax credits for the purchase of machinery and equipment used by businesses in new or expanded waste reduction, reuse or recycling programs pursuant to Title 36, section 5219-C by certifying that the machinery and equipment are eligible for the credit. [1989, c. 585, Pt. A, §7 (new).]

4. Technical and financial assistance programs. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

5. Industrial waste reduction. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

6. Beneficial use of office paper. [1995, c. 465, Pt. A, §56 (rp); Pt. C, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2139. Public education (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2139. Public education (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2140. Interstate and national initiatives

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2140. Interstate and national initiatives

The office may participate in interstate and national initiatives to adopt uniform state laws when practicable, and to enter compacts between the State and other states for the improved management, recycling and reduction of solid waste. [1995, c. 656, Pt. A, §43 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2141. Waste reduction and recycling labeling program (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2141. Waste reduction and recycling labeling program (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2142. Advertising and marketing claims; waste reduction and recycling

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 3: WASTE REDUCTION AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @39 (rpr))

§2142. Advertising and marketing claims; waste reduction and recycling

A person who labels, advertises or promotes a product in violation of guidelines for the use of environmental marketing claims published by the Federal Trade Commission in 16 Code of Federal Regulations, Part 260 (1993), as amended, commits a violation of the Maine Unfair Trade Practices Act. [1993, c. 310, Pt. A, §5 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2151-A. Indemnification

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2151-A. Indemnification

The office shall defend and indemnify any employee of the office, including the director, and any member of the Facility Siting Board against expenses actually and necessarily incurred by the person in connection with the defense of any action or proceeding in which the person is made party by reason of past or present association with the office with regard to the powers and duties set forth in this article. [1995, c. 465, Pt. A, §60 (new); Pt. C, §2 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2151. Office of Siting and Disposal Operations (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2151. Office of Siting and Disposal Operations (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2152. Facility Siting Board

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2152. Facility Siting Board

1. Board established. The Facility Siting Board, as established in Title 5, section 12004-D, subsection 4, is created to conduct a site screening and selection process for disposal facilities owned, operated or controlled by the office. The board shall undertake this process in a manner consistent with the state waste management and recycling plan and provisions of section 2154 and shall make all final decisions on the choice of specific sites for solid waste disposal facilities under the jurisdiction of the office. The office shall provide staff support to the Facility Siting Board. [1995, c. 465, Pt. A, §61 (amd); Pt. C, §2 (aff).]

2. Membership. The board consists of 5 members appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over natural resources and to confirmation by the Legislature.

A. One of the members shall initially be appointed to a term of 3 years, 2 members to terms of 4 years and 2 members to terms of 5 years. The successor of each appointed member shall be appointed for a term of 5 years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. Each board member shall serve until the appointment and qualification of a successor. [1989, c. 585, Pt. A, §7 (new).]

B. No appointed board member may be an officer or employee of the United States Government or this State. All members of the board shall be residents of the State. Appointed members may be removed from the board by the Governor for cause. [1989, c. 585, Pt. A, §7 (new).]

C. The Commissioner of Environmental Protection and the Director of the Bureau of Geology and Natural Areas shall serve as technical advisors to the board. [1999, c. 556, §41 (amd).]

[1999, c. 556, §41 (amd).]

3. Qualifications. The Governor shall select the membership of the board to include members of the general public and persons with expertise in engineering, hydrogeology, public health and government. The Governor shall also select the membership of the board to include broad geographic representation from all areas of the State. [1989, c. 585, Pt. A, §7 (new).]

4. Selection of officers; quorum. Annually, the board shall elect one of its appointed members as the chair of the board. Three members of the board shall constitute a quorum and the affirmative vote by 3 members shall be necessary for any action taken by vote of the board. [1989, c. 585, Pt. A, §7 (new).]

5. Compensation. The appointed board members shall be compensated as provided in Title 5, section 12004-D. [1989, c. 585, Pt. A, §7 (new).]

6. Meeting schedule. The board shall meet at least 4 times annually and at any time upon the call of its chair or upon the request in writing to the chair of 3 board members. [1989, c. 585, Pt. A, §7 (new).]

7. Reporting. Notwithstanding the provisions of Title 5, section 12005-A, the board is not required to file an annual report with the Secretary of State unless the board meets and exercises any of its powers and duties during a calendar year. In any calendar year in which the board meets and exercises any of its powers and duties, the board is subject to the provisions of Title 5, section 12005-A. [2001, c. 352, §16 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2153. Siting criteria

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2153. Siting criteria

1. Siting criteria. With regard to state-owned facilities, the office shall administer rules adopted by the former Maine Waste Management Agency, Office of Siting and Disposal Operations, for siting criteria for solid waste disposal facilities. The office may revise rules as necessary based on the following factors.

A. A site may be located anywhere within the State and need not be in proximity to the site of waste generation. [1991, c. 794, §2 (amd).]

A-1. Sites for the disposal of special waste may not be located within a 5-mile radius of an existing commercial special waste landfill or a commercial incineration facility. [1995, c. 465, Pt. A, §62 (amd); Pt. C, §2 (aff).]

B. To the extent possible, a site must be located in proximity to the transportation systems, including existing or potential railroad systems, that are used to convey waste to the site or to convey residuals and materials to be recycled from the site. [1991, c. 794, §2 (amd).]

C. The capacity or size of a site must be consistent with the projected demand as determined in the state plan. [1989, c. 585, Pt. A, §7 (new).]

D. A site and its considered use must be consistent with, and actively support, other waste management objectives, including waste reduction and recycling. [1989, c. 585, Pt. A, §7 (new).]

E. The projected price for site development, construction and operation must be fair and reasonable. [1989, c. 585, Pt. A, §7 (new).]

F. A site must meet preliminary environmental standards developed jointly by the department and the Maine Land Use Regulation Commission, including ground water standards, geological standards and standards to protect public drinking water supplies. [1991, c. 794, §2 (amd).]

G. Existing uses on adjacent properties, including public or private schools, may not be in significant conflict with or significantly jeopardized by the use of a site. [1991, c. 794, §2 (amd).]

[1995, c. 465, Pt. A, §62 (amd); Pt. C, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2154. Site selection

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2154. Site selection

1. Initial site screening. The Facility Siting Board shall conduct a site screening and selection process to identify solid waste disposal capacity sufficient to meet the projected needs identified in the state planning process under section 2123-A, subsection 4. The Facility Siting Board shall consider the need for geographic distribution of facilities to adequately serve all regions of the State. The Facility Siting Board also shall consider in its site selection process the need for landfill capacity to dispose of incinerator ash resulting from the combustion of domestic and commercial solid waste generated within its jurisdiction. Prior to recommending a site, the Facility Siting Board shall hold a public hearing in every municipality or plantation identified in the screening process as a potential site. For potential sites within an unincorporated township, the Facility Siting Board shall hold a public hearing within the vicinity of the proposed site. Prior to submitting a recommended site to the department for review, the Facility Siting Board must find that the recommended site meets the standards adopted under section 2153. [1995, c. 465, Pt. A, §63 (amd); Pt. C, §2 (aff).]

2. Siting; general. Subsequent to the siting process under subsection 1, the Facility Siting Board shall identify additional sites as requested by the office and as capacity needs are identified in the state plan. The Facility Siting Board shall employ the same criteria and considerations employed under subsection 1. The Facility Siting Board shall hold a public hearing in each municipality within which the office may recommend the location of any solid waste disposal or refuse-derived fuel processing facility. [1995, c. 656, Pt. A, §44 (amd).]

3. Municipal reimbursement. At the conclusion of proceedings before the Facility Siting Board conducted pursuant to subsection 1, the office shall reimburse a municipality for eligible expenses incurred as a result of that municipality's direct, substantive participation in proceedings before the Facility Siting Board. The amount reimbursed under this subsection may not exceed $50,000 for any municipality. For the purposes of this subsection, "eligible expenses" has the same meaning as "expenses eligible for reimbursement" under section 1310-S, subsection 4, and any rules adopted by the Board of Environmental Protection pursuant to that section. [1995, c. 656, Pt. A, §45 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2155. Notification

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2155. Notification

The office shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The office shall notify the municipal officers by certified mail within 30 days of making the recommendation. If the proposed site is located within the jurisdiction of the Maine Land Use Regulation Commission, the office shall notify the Maine Land Use Regulation Commission and the county commissioners in lieu of the municipal officers. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2156-A. Facility development

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2156-A. Facility development

1. Planning for development. The office shall plan for the development of facilities sufficient to meet needs for municipal solid waste identified in the state plan and any revisions to the plan and to serve all geographic areas of the State. The office may plan for the development of facilities sufficient to meet needs for special waste identified in the state plan and any revisions to the plan and to serve all geographic areas of the State. [1995, c. 588, §6 (new).]

2. Recommendation for development. When the office finds that 4 years or less of licensed and available disposal capacity for municipal solid waste or special waste remains within the State, it shall submit a report recommending the construction and operation of a state-owned solid waste disposal facility for the disposal of the type of waste for which capacity is needed to the joint standing committee of the Legislature having jurisdiction over natural resource matters. The report must recommend which state agency or department will own the facility and how it will be operated. The report must also include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected municipal solid waste and special waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. It is the intent of the Legislature that the facility be operated by a private contractor. A state-owned solid waste disposal facility may not be constructed or operated unless authorized by legislation pursuant to subsection 3. [1999, c. 736, §1 (amd).]

3. Authorization for development. The joint standing committee of the Legislature having jurisdiction over natural resource matters may report out legislation authorizing construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to subsection 2. [1995, c. 588, §6 (new).]

4. Ownership, construction and operation. The office shall maintain ownership of a site acquired for construction of a state-owned solid waste disposal facility until the Legislature authorizes transfer of the site to another state department or agency, except that this subsection does not prohibit any lease or transfer of the site pursuant to an agreement entered into before the effective date of this subsection or pursuant to any amendment to such an agreement entered into before or after the effective date of this subsection. [1995, c. 588, §6 (new).]

5. Development by others. This section does not preclude a municipality or regional association from developing and operating solid waste disposal facilities on its own initiative. [1995, c. 588, §6 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2156. Facility development (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2156. Facility development (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2157. Review of proposed waste facilities (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2157. Review of proposed waste facilities (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2158. Future commercial solid waste disposal facilities (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2158. Future commercial solid waste disposal facilities (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2159. Real and personal property; right of eminent domain

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2159. Real and personal property; right of eminent domain

The office may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for public use, any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining, operating and the closure of solid waste disposal facilities. [1995, c. 656, Pt. A, §46 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2160. Procedure in exercise of right of eminent domain

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2160. Procedure in exercise of right of eminent domain

The right of eminent domain granted in section 2159 may only be exercised after complying with the following procedures. [1989, c. 585, Pt. A, §7 (new).]

1. Notice to owner. The office shall provide to the owner or owners of record notice of the following:

A. The determination of the office that it proposes to exercise the right of eminent domain; [1995, c. 656, Pt. A, §47 (amd).]

B. A description and scale map of the land or easement to be taken; [1989, c. 585, Pt. A, §7 (new).]

C. The final amount offered for the land or easement to be taken, based on the fair value as estimated by the office; and [1995, c. 656, Pt. A, §47 (amd).]

D. Notice of the time and place of the hearing provided in subsection 4. [1989, c. 585, Pt. A, §7 (new).]

Notice may be made by personal service in hand by an officer duly qualified to serve civil process in this State or by certified mail, return receipt requested, to the last known address of the owner or owners. If the owner or owners are not known or can not be notified by personal service or certified mail, notice may be given by publication in the manner provided in subsection 4. [1995, c. 646, Pt. A, §47 (amd).]

2. Notice to tenant. Notice shall be given to any tenant in the same manner notice is given to the owner of the property. [1989, c. 585, Pt. A, §7 (new).]

3. Notice to the affected municipality. Notice shall be given to the municipality in which the property to be acquired is located in the same manner notice is given to the owner of the property and shall be addressed to the municipal officers. [1989, c. 585, Pt. A, §7 (new).]

4. Hearing. The office shall hold a public hearing on the advisability of its proposed exercise of the right of eminent domain. Notice of the hearing must be made by publication in a newspaper of general circulation in the area of the taking and published once a week for 2 successive weeks, the last publication to be at least 2 weeks before the time appointed in the hearing. The hearing notice must include:

A. The time and place of the hearing; [1989, c. 585, Pt. A, §7 (new).]

B. A description of the land or easement to be taken; and [1989, c. 585, Pt. A, §7 (new).]

C. The name of the owners, if known. [1989, c. 585, Pt. A, §7 (new).]

[1995, c. 656, Pt. A, §47 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2161. Condemnation proceedings

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2161. Condemnation proceedings

At the time the office sends the notice in section 2160, the office shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the office fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the office is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the office is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the office until payment for the property is made. [1995, c. 656, Pt. A, §48 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2162. Office assistance in regional association siting

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2162. Office assistance in regional association siting

1. Technical assistance. Upon request by a regional association, the office may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the site. The regional association shall describe fully the need and justification for the request. The office may request information from the regional association necessary to provide assistance. [1999, c. 736, §2 (new).]

2. Submission of report recommending construction of state-owned facility. When the office, in consultation with a regional association, finds that disposal capacity is projected to be needed for bulky wastes, construction or demolition waste or land-clearing debris and that the regional association is not able to pursue the siting, establishment and operation of a waste facility, the office may submit a report recommending the construction and operation of a state-owned solid waste disposal facility that will fulfill the disposal need to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation authorizing the construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to this subsection. [1999, c. 736, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2163. Exempt facilities (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2163. Exempt facilities (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2164. Household and small generator hazardous waste (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2164. Household and small generator hazardous waste (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2165. Regulation of certain dry cell batteries

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2165. Regulation of certain dry cell batteries

1. Definitions. As used in this section and section 2166, the following terms have the following meanings.

A. "Industrial, communications or medical facility" means a structure or site where 15 or more people are employed and:

(1) Where articles are assembled, manufactured or fabricated;

(2) Are included in major group 48 of the federal Office of Management and Budget, Standard Industrial Codes; or

(3) Where medical services are provided.
[1991, c. 808, §2 (new).]

B. "Rechargeable battery" means any nickel-cadmium or sealed lead-acid battery that is designed for reuse and is capable of being recharged after repeated use. [1991, c. 808, §2 (new).]

[1991, c. 808, §2 (new).]

2. Disposal ban. A person employed directly or indirectly by a government agency, or an industrial, communications or medical facility may not knowingly dispose of a dry cell mercuric oxide battery or a rechargeable battery in a manner that is not part of a collection system established under subsection 4. [1991, c. 808, §2 (new).]

3. User responsibility. A government agency or industrial, communications or medical facility shall collect and segregate, by chemical type, the batteries that are subject to the disposal prohibition under subsection 2 and return each segregated collection either to the supplier that provided the facility with that type of battery or to a collection facility designated by the manufacturer of that battery or battery-powered product. [1991, c. 808, §2 (new).]

4. Manufacturer responsibility. A manufacturer of dry cell mercuric oxide or rechargeable batteries that are subject to subsection 1 shall:

A. Establish and maintain a system for the proper collection, transportation and processing of waste dry cell mercuric oxide and rechargeable batteries for purchasers in this State; [1991, c. 808, §2 (new).]

B. Clearly inform each purchaser that intends to use these batteries of the prohibition on disposal of dry cell mercuric oxide and rechargeable batteries and of the available systems for proper collection, transportation and processing of these batteries; [1991, c. 808, §2 (new).]

C. Identify a collection system through which mercuric oxide and rechargeable batteries must be returned to the manufacturer or to a manufacturer-designated collection site; and [1991, c. 808, §2 (new).]

D. Include the cost of proper collection, transportation and processing of the waste batteries in the sales transaction or agreement between the manufacturer and any purchaser. [1991, c. 808, §2 (new).]

[1991, c. 808, §2 (new).]

5. Supplier responsibility. A final supplier of mercuric oxide and rechargeable batteries or battery-operated products is responsible for informing the purchasers that intend to use these batteries of the purchaser's responsibilities under this section. [1991, c. 808, §2 (new).]

6. Mercury content. A person may not sell, distribute or offer for sale in this State the following batteries:

A. An alkaline manganese battery that contains more than .025% mercury except that any alkaline manganese battery resembling a button or coin in size and shape may contain no more than 25 milligrams of mercury; [1991, c. 808, §2 (new).]

B. Effective January 1, 1993, a consumer mercuric oxide button cell; [1991, c. 808, §2 (new).]

C. A zinc carbon battery manufactured on or after January 1, 1993 that contains any added mercury; or [1991, c. 808, §2 (new).]

D. An alkaline manganese battery manufactured on or after January 1, 1996 that contains any added mercury except that any alkaline manganese battery resembling a button or coin in size and shape, may contain no more than 25 milligrams of mercury. [1991, c. 808, §2 (new).]

[1991, c. 808, §2 (new).]

7. Effective date. Except as otherwise indicated, this section takes effect January 1, 1994. [1991, c. 808, §2 (new).]

8. Penalty. A violation of subsection 2 is a civil violation for which a forfeiture of not more than $100 per battery disposed of improperly may be adjudged. A violation of subsection 4 is a civil violation for which a forfeiture of not more than $100 may be adjudged. A violation of subsection 6 is a civil violation for which a forfeiture of not more than $100 per battery sold, distributed or offered for sale may be adjudged. Each day that a violation continues or exists constitutes a separate offense. [RR 1991, c. 2, §150 (cor).]

9. Battery management plan. [1995, c. 656, Pt. A, §49 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2166. Rechargeable consumer products

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 4: FACILITY SITING AND DEVELOPMENT (HEADING: PL 1995, c. 465, Pt. A, @58 (rpr))

§2166. Rechargeable consumer products

1. Nonremoveable battery requirements. A person may not sell, distribute or offer for sale in this State any product powered by a rechargeable battery primarily used or purchased to be used for personal, family or household purposes unless:

A. The battery may be easily removed by the consumer or is contained in a battery pack that is separate from the product and may be easily removed; and [1991, c. 808, §2 (new).]

B. The product, the battery itself and the package containing the product are all labeled, in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable. [1991, c. 808, §2 (new).]

[1991, c. 808, §2 (new).]

2. Exemption. [1995, c. 656, Pt. A, §50 (rp).]

3. Effective date. Except as otherwise indicated, this section takes effect January 1, 1994. [1991, c. 808, §2 (new).]

4. Penalty. A violation of this section is a civil violation for which a forfeiture of not more than $100 per battery sold, distributed or offered for sale may be adjudged. Each day that a violation continues or exists constitutes a separate offense. [1991, c. 808, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2170. Host community benefits; application limited to facilities owned or operated by the office

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2170. Host community benefits; application limited to facilities owned or operated by the office

This subchapter applies only to solid waste disposal facilities owned or operated by the office. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated by the office. [1995, c. 656, Pt. A, §51 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2171. Citizen advisory committee

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2171. Citizen advisory committee

The municipal officers of each municipality identified by the Facility Siting Board as a potential site for a waste disposal facility and each contiguous municipality that may be affected by the construction or operation of that facility shall jointly establish a single citizen advisory committee within 60 days of notification pursuant to section 2155. [1993, c. 310, Pt. B, §3 (amd).]

1. Membership. The committee must be comprised of citizens from each affected municipality, appointed by the municipal officers, including, but not limited to: a municipal health officer; a municipal officer; and at least 3 additional residents of the municipality, including abutting property owners and residents potentially affected by pollution from the facility. In addition, each committee may include members representing any of the following interests: environmental and community groups; labor groups; professionals with expertise relating to landfills or incinerators; experts in the areas of chemistry, epidemiology, hydrogeology and biology; and legal experts. [1993, c. 310, Pt. B, §4 (amd).]

2. Meetings. The committee shall meet as soon as practical following appointment of its members and shall select a chair from among its members. The committee shall establish procedures for the conduct of meetings. [1989, c. 585, Pt. A, §7 (new).]

3. Responsibilities. Each committee established under this section may:

A. Review proposed contracts, site analyses, applications and other documents relating to the location, construction, permitting and operation of the facility; [1993, c. 310, Pt. B, §5 (amd).]

B. Hold periodic public meetings to solicit the opinions of residents concerning the facility and any permit applications, contracts or other provisions relating to the facility and the regional plan; [1993, c. 310, Pt. B, §5 (amd).]

C. Provide the project developer and department with any alternative contract provisions, permit conditions, plans or procedures it considers appropriate; and [1993, c. 310, Pt. B, §5 (amd).]

D. Serve as a liaison between the community and the project developer or the commissioner to facilitate communications during the development and operation of the facility, and provide residents with updated information about the project, including providing explanations of any technical terms. [1993, c. 310, Pt. B, §5 (amd).]

[1993, c. 310, Pt. B, §5 (amd).]

4. Unincorporated townships and plantations. For the purposes of this subchapter, county commissioners shall act as municipal officers for unincorporated townships and assessors of plantations shall act as municipal officers for plantations. [1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2172. Dispute resolution

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2172. Dispute resolution

A host municipality may establish a process, including, but not limited to, negotiation, mediation and arbitration to resolve disputes and to negotiate additional rights and benefits related to the siting and operation of a solid waste disposal facility within the municipality. The citizen advisory committee must be consulted and shall assist in the development and implementation of any process established under this section. At the option of the municipality, the Chair of the Board of Environmental Protection may appoint a neutral mediator to resolve disputes. The municipality is eligible for grants from the office to fund dispute resolution programs under this section related to the siting and operation of a solid waste disposal facility. [1995, c. 656, Pt. A, §52 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2173. Municipal jurisdiction over office and regional association disposal facilities

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2173. Municipal jurisdiction over office and regional association disposal facilities

A municipality may adopt a local ordinance authorizing the municipal officers to issue a local permit containing the same findings, conclusions and conditions contained in the license issued by the department for a solid waste disposal facility located within the municipality's jurisdiction. The municipal officers may also attach to the permit additional conditions for the operation of the solid waste disposal facility on any issues not specifically addressed in any condition of the department's license. These conditions may not unreasonably restrict the operation of the facility and must be attached to the local permit by the municipal officers within 90 days of issuance of the department's license or within 30 days of a final decision by the department to relicense the facility. [1993, c. 310, Pt. B, §7 (amd).] div>
An enforcement action brought by the municipality to enforce local permit conditions shall not preclude the State from bringing an action to enforce the conditions of any license issued by the State or any other provision of law. In addition, the State shall have a right to intervene in any enforcement action brought by a municipality under this section. A municipality that has adopted local permit conditions described in this section shall employ an inspector certified under section 2174 to enforce permit conditions. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2174. Local inspection and enforcement

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2174. Local inspection and enforcement

1. Certification. [1993, c. 355, §62 (rp).]

2. Information. The host municipality of a solid waste disposal facility has a right to all information from the department and the office, pursuant to Title 1, chapter 13, subchapter I. All information provided under this subsection must be made available to the citizen advisory committee and the public by the host municipality.

A. The commissioner shall provide all of the following information to the municipal officers of the host municipality:

(1) Copies of any inspection report of the facility within 5 working days of the preparation of the report;

(2) Prompt notification of all enforcement or emergency orders for those facilities, including, but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent orders and decrees and notices of violation;

(3) Copies of all air, soil and water quality monitoring data collected by the commissioner at such facilities, including leachate and ash testing results, within 5 working days after complete laboratory analysis becomes available to the commissioner; and

(4) Copies of all analyses of the data under subparagraph (3).
[1989, c. 585, Pt. A, §7 (new); c. 890, Pt. A, §40 (aff); Pt. B, §292 (amd).]

B. The operator of the facility shall provide the host municipality copies of all air, soil and water quality monitoring data, including leachate and ash testing results, conducted by or on behalf of the operator, within 5 days after that information becomes available to the operator. [1989, c. 585, Pt. A, §7 (new).]

C. The municipality shall provide all of the following information to the commissioner:

(1) Copies of any inspection report of the facility within 5 working days of the preparation of the report;

(2) Prompt notification of all enforcement or emergency orders for those facilities, including, but not limited to, abatement orders, cessation orders, final civil penalty assessments, consent orders and decrees and notices of violation;

(3) Copies of all air, soil and water quality monitoring data collected by the municipality at such facilities, including leachate and ash testing results, within 5 working days after complete laboratory analysis becomes available to the municipality; and

(4) Copies of all analyses of the data under subparagraph (3).
[1989, c. 585, Pt. A, §7 (new); c. 890, Pt. A, §40 (aff); Pt. B, §292 (amd).]

[1995, c. 656, Pt. A, §54 (amd).]

3. Inspection; emergency orders. [1993, c. 680, Pt. A, §38 (rp).]

4. Commissioner inspections. Whenever any host municipality notifies the commissioner of an order issued pursuant to a local permit requirement under section 2173 and gives the commissioner reason to believe that any solid waste disposal facility is in violation of any law or regulation administered by the department, or any order or the condition of any permit issued pursuant to any law or rule administered by the department, the commissioner shall promptly conduct an inspection of the facility. If the commissioner finds that there is insufficient information to believe that there is a violation, the commissioner shall, within 10 working days of a municipality's request for an inspection, provide to the municipality a written explanation of the commissioner's decision not to conduct an inspection. [1993, c. 310, Pt. B, §8 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2175-A. Property value offset

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2175-A. Property value offset

Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the office for loss in property value directly attributable to the construction and operation of the facility. The office shall adopt rules to establish the formula and procedure for reimbursement, including, without limitation, definition of the impact area, a process for establishing baseline real estate values, a time frame within which the property value offset program will be in effect and an accounting of real estate trends in the area. [1995, c. 656, Pt. A, §55 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2175-B. Payment in lieu of taxes

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2175-B. Payment in lieu of taxes

The office shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the office not paid to that municipality during the previous calendar year. In the case of an unorganized territory, the office shall annually pay the amount to the State Tax Assessor who shall deposit that amount in the Unorganized Territory Education and Services Fund established in Title 36, chapter 115. If the office disagrees with the amount determined to be due in lieu of taxes under this section, it may appeal to the State Board of Property Tax Review as provided in Title 36, section 271. [1995, c. 465, Pt. A, §70 (new); Pt. C, §2 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2175. Property value offset (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2175. Property value offset (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2176. Impact payments

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2176. Impact payments

In addition to payment in lieu of taxes provided in section 2175-B, the office shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community involved or by the State Tax Assessor. The office shall base its impact payments on measurable criteria including, without limitation: [1995, c. 656, Pt. A, §56 (amd).]

1. Roads. Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility; [1993, c. 310, Pt. B, §11 (amd).]

2. Emergency response. Development and maintenance of adequate local emergency response capacity; and [1989, c. 585, Pt. A, §7 (new).]

3. Monitoring. Financial support for on-site, municipally employed personnel or for other means determined necessary to enable the municipality to monitor the facility's compliance with state and local requirements. [1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2177. Water supply monitoring and protection

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT (HEADING: PL 1993, c. 310, Pt. B, @1 (rpr))

§2177. Water supply monitoring and protection

Upon written request from persons owning land contiguous to a solid waste disposal facility, the office shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manner specified by and that meets criteria developed by the department. [1995, c. 656, Pt. A, §57 (amd).] div>
If a facility adversely affects a public or private water supply by pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the office shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer. [1995, c. 656, Pt. A, §57 (amd).]

1. Extent of analysis. Water supplies must be analyzed for all parameters or chemical constituents determined by the commissioner to be indicative of typical contamination from solid waste disposal facilities. The laboratory performing the sampling and analysis shall provide written copies of sample results to the office, the landowner and to the commissioner. [1995, c. 656, Pt. A, §57 (amd).]

2. Additional sampling required. If the analysis indicates possible contamination from a solid waste disposal facility, the commissioner shall conduct, or require the office to conduct, additional sampling and analysis to determine more precisely the nature, extent and source of contamination. The commissioner shall, if necessary, require this sampling beyond the boundaries of the contiguous property. [1995, c. 656, Pt. A, §57 (amd).]

3. Written notice of rights. On or before December 1, 1989, for permits issued under this chapter prior to October 1, 1989, and at or before the time of permit issuance for permits issued under this chapter after October 1, 1989, the office shall provide owners of contiguous land with written notice of their rights under this section on a form prepared by the commissioner. [1995, c. 656, Pt. A, §57 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2181. Effect on tort claims

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 6: LIABILITY AND LIMITATIONS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2181. Effect on tort claims

Nothing in this chapter may be construed or understood as in any way increasing any liability that may otherwise arise or be limited under Title 14, chapter 741. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2182. Ability to indemnify

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 6: LIABILITY AND LIMITATIONS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2182. Ability to indemnify

Nothing in this subchapter may be construed to prevent any host municipality, regional association or the State from obtaining or giving such indemnities as may be appropriate in connection with the ownership, operation or control of a municipal solid waste facility. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2183. Effect on existing contracts and facilities

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 6: LIABILITY AND LIMITATIONS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2183. Effect on existing contracts and facilities

Except as otherwise provided, nothing in this chapter may be construed to impair any contract in force upon the effective date of this chapter. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2184. Municipal contracts

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 6: LIABILITY AND LIMITATIONS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2184. Municipal contracts

A municipality may contract with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated materials to be recycled, if the recycling, transportation, collection or storage activity or facility is conducted or operated in a manner that is consistent with the provisions of this chapter, the state plan and the rules promulgated pursuant to this chapter. [1989, c. 585, Pt. A, §7 (new).]

1. Existing contracts. Except as otherwise provided in this chapter, nothing in this chapter may be construed to interfere with, or in any way modify, the provisions of any contract for municipal waste disposal, processing or collection with any regional association or municipality in force upon the effective date of this chapter or prior to the adoption of the state plan. [1989, c. 585, Pt. A, §7 (new).]

2. Renewals. No renewal of any existing contract upon the expiration or termination of the original term of the contract, and no new contract for municipal waste disposal, processing or collection may be entered into after the effective date of this chapter, if the renewal or new contract fails to conform to the applicable provisions of this chapter or interferes with the implementation of the state plan. [1989, c. 585, Pt. A, §7 (new).]

3. Recycling activities; limited liability. When the owner, lessee or occupant of premises as defined in Title 14, section 159-B undertakes recycling activities, as defined in Title 14, section 159-B on the premises, liability is limited as provided in Title 14, section 159-B. [1991, c. 487, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2191. Fees

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 1: Fees and Contracts (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2191. Fees

The office shall establish reasonable fees for waste disposal services provided by the office. [1995, c. 656, Pt. A, §58 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2192. Purposes of the fees

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 1: Fees and Contracts (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2192. Purposes of the fees

The fees charged to users of office-owned facilities and established by the office under this article, by rule, provide revenue for the following purposes: [1995, c. 656, Pt. A, §59 (amd).]

1. Current expenses. To pay the current expenses, either incurred directly or through contractual agreements with another party or parties, for operating and maintaining a facility or delivering a service and to provide for normal maintenance and replacement of equipment. Current expenses also include costs incurred under subchapter V; [1989, c. 585, Pt. A, §7 (new).]

2. Interest. To provide for the payment of interest on the indebtedness created or assumed by the office; [1995, c. 656, Pt. A, §60 (amd).]

3. Indebtedness. To provide an annual sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the office, which sum must be turned into a sinking fund and there maintained to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund must be devoted to the retirement of the term obligations of the office and may be invested in such securities as savings banks in the State are allowed to hold; [1995, c. 656, Pt. A, §60 (amd).]

4. Principal payments. To provide for annual principal payments on serial indebtedness created or assumed by the office; [1995, c. 656, Pt. A, §60 (amd).]

5. Contingency reserve fund allowance. To provide for a contingency reserve fund allowance by providing rates to reflect up to a 5% addition to yearly revenues over that required to operate the facility; [1989, c. 585, Pt. A, §7 (new).]

6. Closing reserve fund. To provide for a closing and monitoring reserve fund by providing rates which, over the expected life span of the facility including the post-closure monitoring period, will generate the amount determined to be necessary by the department in its licensing process under chapter 13; and [1989, c. 585, Pt. A, §7 (new).]

7. Compliance costs. To provide for the costs associated with licensing, compliance and enforcement efforts of the department. [1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2193. Host municipality fees

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 1: Fees and Contracts (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2193. Host municipality fees

The office may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, provided that the lower fees are set in a manner consistent with the rules promulgated by the office. [1995, c. 656, Pt. A, §61 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2201-A. Sunset; legislative intent (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2201-A. Sunset; legislative intent (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2201. Maine Solid Waste Management Fund established

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2201. Maine Solid Waste Management Fund established

The Maine Solid Waste Management Fund, referred to in this section as the "fund," is established as a nonlapsing fund to support programs administered by the State Planning Office and the Department of Environmental Protection. The fund must be segregated into 2 subsidiary accounts. The first subsidiary account, called operations, receives all fees established and received under article 1. The 2nd subsidiary account, called administration, receives all fees established under this article and under Title 36, chapter 719, all funds recovered by the department as reimbursement for departmental expenses incurred to abate imminent threats to public health, safety and welfare posed by the illegal disposal of solid waste and all unclaimed deposits returned to the State under Title 32, chapter 28. [1995, c. 465, Pt. A, §72 (amd); Pt. C, §2 (aff).] div>
Money in the fund not currently needed to meet the obligations of the office must be deposited with the Treasurer of State to the credit of the fund and may be invested as provided by law. Interest on these investments must be credited to the fund. [1995, c. 656, Pt. A, §62 (amd).] div>
Funds related to administration may be expended only in accordance with allocations approved by the Legislature for administrative expenses directly related to the office's and the department's programs, including actions by the department necessary to abate threats to public health, safety and welfare posed by the disposal of solid waste. Funds related to operations may be expended only in accordance with allocations approved by the Legislature and solely for the development and operation of publicly owned facilities owned or approved by the office and for the repayment of any obligations of the office incurred under article 3. These allocations must be based on estimates of the actual costs necessary for the office and the department to administer their programs, to provide financial assistance to regional associations and to provide other financial assistance necessary to accomplish the purposes of this chapter. Beginning in the fiscal year ending on June 30, 1991 and thereafter, the fund must annually transfer to the General Fund an amount necessary to reimburse the costs of the Bureau of Taxation incurred in the administration of Title 36, section 5219-D and Title 36, chapter 719. Allowable expenditures include "Personal Services," "All Other" and "Capital Expenditures" associated with all office activities other than those included in the operations account. [2001, c. 315, §5 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2202. Fees

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2202. Fees

1. Fees established. The department shall establish procedures to charge fees specified in this article and pursuant to the requirements of this article. All fees collected by the department under this article must be deposited into the Maine Solid Waste Management Fund. [1995, c. 465, Pt. A, §73 (amd); Pt. C, §2 (aff).]

2. Application. Fees established under this article become effective upon the effective date of this chapter, with the first payment due on January 20, 1990. [1989, c. 585, Pt. A, §7 (new).]

3. Payment. A person who delivers solid waste to a solid waste disposal facility shall pay all fees established under this article to the operator of the solid waste disposal facility. [1993, c. 310, Pt. C, §2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2203-A. Waste handling fees

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2203-A. Waste handling fees

1. Fees. Fees are imposed in the following amounts to be levied for solid waste that is disposed of at commercial, municipal and regional association landfills.
p align="center">Asbestos $5 per cubic yard p align="center">Oil-contaminated soil, $25 per ton p align="center">gravel, brick, concrete p align="center">and other aggregate p align="center">Waste water facility sludge $5 per ton p align="center">Ash, coal and oil $5 per ton p align="center">Paper mill sludge $5 per ton p align="center">Industrial waste $5 per ton p align="center">Sandblast grit $5 per ton p align="center">All other special waste $5 per ton p align="center">Municipal solid waste ash $1 per ton p align="center">Front end process residue (FEPR) $1 per ton [1999, c. 385, §7 (new).]

2. Exceptions. Notwithstanding subsection 1:

A. A municipal or regional association landfill that has accepted 12,000 tons or more of special waste, other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate, in calendar year 1998 shall continue to pay $2 per ton to the department for those categories of waste accepted in that calendar year; [1999, c. 385, §7 (new).]

B. A municipal or regional association landfill shall continue to pay $2 per ton to the department on all categories of special waste other than municipal solid waste ash, asbestos and oil-contaminated soil, gravel, brick, concrete and other aggregate that was generated by the municipality or regional association and accepted for disposal in its landfill in calendar year 1998; and [1999, c. 385, §7 (new).]

C. A municipal or regional association landfill that has accepted 550 tons or more of oil-contaminated soil, gravel, brick, concrete and other aggregate in calendar year 1998 shall pay $5 per ton for that category of waste. [1999, c. 564, §1 (amd).]

[1999, c. 564, §1 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2203. Fee on special waste (REPEALED)

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2203. Fee on special waste (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2204. Municipal solid waste disposal surcharge

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2204. Municipal solid waste disposal surcharge

The department shall impose a fee of $2 per ton on any municipal solid waste disposed of at a commercial, municipal or regional association landfill, except that there is no fee on municipal solid waste generated by a municipality that owns the landfill accepting it or that has entered into a contract with a term longer than 9 months for disposal of municipal solid waste in that landfill facility. [1999, c. 385, §8 (amd).]

1. Landfill surcharge. [1999, c. 385, §8 (rp).]

2. Recycling progress. [1995, c. 465, Pt. A, §75 (rp); Pt. C, §2 (aff).]

3. Imported municipal solid waste. [1999, c. 385, §8 (rp).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2205. Fee payments

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2205. Fee payments

Each operator of a solid waste disposal facility shall make the fee payment quarterly. The fee must be paid to the department on or before the 20th day of April, July, October and January for the 3 months ending the last day of March, June, September and December. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

1. Quarterly reports. Each fee payment must be accompanied by a form prepared and furnished by the department and completed by the operator. The form must state the total weight or volume of solid waste disposed of at the facility during the payment period and provide any other aggregate information determined necessary by the department to carry out the purposes of this chapter. The form must be signed by the operator. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

2. Timeliness of payment. The operator is deemed to have made a timely payment of the fee if the operator complies with all of the following:

A. The enclosed payment is for the full amount owed pursuant to this section and no further department action is required for collection; [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

B. The payment is accompanied by the required form and the form is complete and accurate; and [1989, c. 585, Pt. A, §7 (new).]

C. The letter transmitting the payment that is received by the department is postmarked by the United States Postal Service on or prior to the final day on which the payment is to be received, unless an alternative date is agreed upon in writing by the operator and the department. [1999, c. 385, §9 (amd).]

[1999, c. 385, §9 (amd).]

3. Discount. Any operator that makes a timely payment of the fee as provided in this section is entitled to apply against the fee payable a discount of 1% of the amount of the fee collected. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

4. Refunds. Any operator who believes the fee was overpaid by the operator may file a petition for refund to the department. If the department determines that the operator has overpaid the fee, the department shall refund to the operator the amount due the operator, together with interest at a rate established by the department. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

5. Alternative proof of payment. For purposes of this section, presentation of a receipt indicating that the payment was mailed by registered or certified mail on or before the due date is evidence of timely payment. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

6. Interest. If an operator fails to make a timely payment of the fee, the operator shall pay interest on the unpaid amount due at the rate established by the department from the last day for timely payment to the date paid. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

7. Additional penalty. In addition to the interest provided in subsection 6, if an operator fails to make timely payment of the fee, 5% of the amount of the fee must be added to the amount actually due if the failure to file a timely payment is for not more than one month, with an additional 5% for each additional month, or fraction of a month, during which the failure continues, not exceeding 25% in the aggregate. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

8. Assessment notice. If the department determines that any operator has not made a timely payment of the fee, the department shall send the operator a written notice of the amount of the deficiency, within 30 days of determining the deficiency. When the operator has not provided a complete and accurate statement of the weight or volume of waste received at the facility for the payment period, the department may estimate the weight or volume in the notice. The operator charged with the deficiency has 30 days to pay the deficiency in full or, if the operator wishes to contest the deficiency, forward the amount of the deficiency to the department for placement in an escrow account with the Treasurer of State or any bank in the State, or post an appeal bond in the amount of the deficiency. The bond must be executed by a surety licensed to do business in the State and be satisfactory to the department. Failure to forward the money or appeal bond to the department within 30 days results in a waiver of all legal rights to contest the deficiency. If, through the administrative or judicial review of the deficiency, it is determined that the amount of deficiency must be reduced, the department shall within 30 days remit the appropriate amount to the operator, with any interest accumulated by the escrow deposit. The amount determined after administrative hearing or after waiver of administrative hearing is payable to the department and is collectible. If any amount due under this subsection remains unpaid 30 days after receipt of notice of the deficiency, the department may order the operator of the facility to cease receiving any solid waste until the amount of the deficiency is completely paid. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

9. Filing of appeals. Notwithstanding any other provision of law, all appeals of final department actions concerning the fee must be filed with the department pursuant to section 2206. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2206. Hearings and appeals

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 2: Maine Solid Waste Management Fund (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2206. Hearings and appeals

The department shall establish rules governing procedures for hearings and appeals under this article consistent with Title 5, chapter 375. [1995, c. 465, Pt. A, §77 (amd); Pt. C, §2 (aff).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2212. General powers

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2212. General powers

The agency may, in addition to its other powers and in furtherance of the purposes of this chapter, assist itself or applicants, who shall be limited to municipalities and regional associations, in the financing of eligible projects by issuing revenue obligation securities; by issuing or providing securities for mortgage loans; drafting financial documents, trust agreements and other contracts; and arranging the financing and negotiating for the sale of the securities. The agency may contract with the Finance Authority of Maine to administer the provisions of this article. [1989, c. 585, Pt. A, §7 (new).] div>
The agency may also: [1989, c. 585, Pt. A, §7 (new).]

1. Kinds of projects. Acquire, construct, reconstruct, maintain, renew, replace or provide financing assistance for eligible waste facilities, waste disposal services or recycling projects; [1989, c. 585, Pt. A, §7 (new).]

2. Securities for projects. Issue revenue obligation securities to pay the cost of or to provide financial assistance for acquisition, construction, reconstruction, renewal or replacement of eligible projects. Any single issue of securities may provide for the cost of, or for financial assistance for, acquisition, construction, reconstruction, renewal or replacement of any one or more eligible projects which may be separate, unconnected and distinct. Any issue, the proceeds of any issue, or any revenue obligation securities shall, except as specifically authorized by the Legislature, meet the requirements of the Internal Revenue Code of 1986, as amended, relating to exempt facility bonds; [1989, c. 585, Pt. A, §7 (new).]

3. Acquire securities. Issue revenue obligation securities to acquire one or more issues of revenue obligation securities issued by municipalities or to acquire any other bond not eligible for purchase pursuant to Title 30-A, chapter 225. Any single issue of securities may provide funds for the acquisition of revenue obligation securities of one or more municipalities or of bonds for one or more eligible projects which may be separate, unconnected and distinct; [1989, c. 585, Pt. A, §7 (new).]

4. Refunding securities. Issue revenue refunding obligation securities as provided to refund any outstanding revenue obligation securities issued under this article; [1989, c. 585, Pt. A, §7 (new).]

5. Serve as broker or agent. Serve as a broker, agent or other financial intermediary for the secondary marketing of obligations issued or incurred in connection with the financing of eligible projects and for the encouragement of the flow of private funds for capital investment; [1989, c. 585, Pt. A, §7 (new).]

6. Facilities. Plan, carry out, acquire, lease and operate facilities and provide for the construction, reconstruction, improvement, alteration or repair of any facility or any part of a facility; [1989, c. 585, Pt. A, §7 (new).]

7. Acquisition and disposal of property. Acquire or enable an applicant to acquire, upon reasonable terms from funds provided under this article, the lands, structures, property, rights, rights-of-way, franchises, easements and other interests in lands, including lands under water and riparian rights, that are located within the State and considered necessary or convenient for the construction or operation of any eligible waste project, and dispose of them; [1989, c. 585, Pt. A, §7 (new); c. 869, Pt. A, §15 (amd).]

8. Contracts. Make and enter into all financial documents and other contracts and trust agreements securing revenue obligation securities issued under this article, provided all expenses are payable solely from funds made available under this article; [1989, c. 585, Pt. A, §7 (new).]

9. Consent to modification of contracts, lease or agreement. To the extent not forbidden under its contract with the holders of bonds, consent to any modification of any contract, lease or agreement of any kind to which the agency is a party; [1989, c. 585, Pt. A, §7 (new).]

10. Employment of specialists. Employ consulting and other engineers, attorneys, accountants, construction and financial experts, superintendents, managers and other necessary employees and agents and fix their compensation, provided all expenses are payable solely from funds made available under this subchapter; [1989, c. 585, Pt. A, §7 (new).]

11. Government contracts. Enter into contracts with regional associations, municipalities, the State or a federal agency relating to any eligible solid waste project; [1989, c. 585, Pt. A, §7 (new).]

12. Government aid. Accept loans or grants for the planning, construction or acquisition of any eligible solid waste project from a municipality, an authorized agency of the State or a federal agency and enter into agreements with the agency respecting the loans or grants. In the case of all loans, grants or other aid involving pollution-control facilities, the consent of the commissioner must first be obtained, notwithstanding section 362; [1989, c. 585, Pt. A, §7 (new); c. 890, Pt. A, §40 (aff); Pt. B, §294 (amd).]

13. Private aid. Receive and accept aid and contributions from any source of money, property, labor or other things of value, to be held, used and applied only for the purposes for which these loans, grants and contributions may be made; [1989, c. 585, Pt. A, §7 (new).]

14. Applicability. Provide financial assistance by means of leases that are not subject to Title 14, section 6010. Leases made under this section may provide that obligations of the lessees are unconditional; and [1989, c. 585, Pt. A, §7 (new).]

15. Application. Provide financial assistance by means of revenue obligation securities which are not subject to Title 32, chapter 135, relating to dealers in securities. [2005, c. 65, Pt. C, §20 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2213. Issuance of revenue obligation securities

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2213. Issuance of revenue obligation securities

1. Notice of intent to issue bonds; actions to contest validity. The agency may provide, at one time or from time to time, for the issuance of revenue obligation securities of the agency for the purposes authorized in this chapter. No revenue obligation securities of the agency may be issued until:

A. The project has been determined to be consistent with the state plan pursuant to section 1310-AA, if applicable, and the necessary permits have been obtained from the department; [1995, c. 465, Pt. A, §78 (amd); Pt. C, §2 (aff).]

B. A notice of the intent of the agency to issue the securities is published at least once in a newspaper of general circulation in the region in which the project is to be located:

(1) No later than 14 days after the date on which the agency decides to issue revenue obligation securities under this subchapter;

(2) Describing the general purpose or purposes for which the securities are to be issued;

(3) Stating the maximum principal amount of the proposed securities; and

(4) Including a statement as to the time within which any petition to contest the issuance of the securities must be commenced.
[1989, c. 585, Pt. A, §7 (new); c. 869, Pt. A, §16 (amd).]

Any action or proceeding in any court to contest the issuance of the securities must be started within 30 days after the date of the publication required by paragraph B and otherwise shall be governed by Title 5, chapter 375, subchapter VII. For the purposes of this subchapter and the Maine Administrative Procedure Act, Title 5, chapter 375, the later date of newspaper publication required by paragraph B shall constitute the final agency action with respect to the issuance of the securities. After the expiration of the 30-day period of limitation, no right of action or defense founded upon the invalidity of the issuance of the securities may be opened to question in any court upon any grounds. [1995, c. 465, Pt. A, §78 (amd); Pt. C, §2 (aff).]

2. Treasurer of State as agent. The Treasurer of State shall, at the direction of the agency, act as the agency's agent for the sale and delivery of revenue obligation securities and anticipatory notes. The Treasurer of State shall assist the agency in the preparation, issuance, negotiation and sale of the securities and notes and provide reasonable advice and management assistance. The agency may employ further counsel or assistants or act in its own behalf, provided that the sale and delivery of revenue obligation securities and anticipatory notes shall be carried out at the agency's direction with and through the Treasurer of State. [1989, c. 585, Pt. A, §7 (new).]

3. Conclusive authorization. All revenue obligation securities of the agency shall be conclusively presumed to be fully authorized and issued under the laws of the State, and any person or governmental unit shall be estopped from questioning their authorization, sale, issuance, execution or delivery by the agency. [1989, c. 585, Pt. A, §7 (new).]

4. Maturity; interest. The securities of each issue of revenue obligation securities shall be dated, mature at a time or times not exceeding 20 years from the date of the securities and bear interest at a rate or rates determined by the agency. At the option of the agency, the securities may be made redeemable before maturity at a price or prices and under terms and conditions fixed prior to issuance. [1989, c. 585, Pt. A, §7 (new).]

5. Form. The agency shall determine the form of the securities, including any attached interest coupons, the manner of execution of the securities, the denomination or denominations of the securities and the place or places for payment of principal and interest, which may be at any financial institution within or without the State. Revenue obligation securities shall be executed in the name of the agency by the manual or facsimile signature of the authorized official or officials. Any attached coupons shall be executed with the manual or facsimile signature of the authorized official or officials. Signatures and facsimiles of signatures on securities and coupons are valid for all purposes even if the authorized official ceases to hold office before delivery of the securities. The securities may be issued in coupon or registered form or both as the agency may determine. Provision may be made for the registration of any coupon securities to principal alone and to both principal and interest, and for the reconversion into coupon securities of any securities registered to both principal and interest. In addition to this subsection, the agency may provide for transfer of registration of the agency's registered revenue obligation securities by book entry on the records of the entity designated for that purpose and may enter into such contractual arrangements as may be necessary to accomplish these purposes. In the event a book entry method of transfer is used, principal of and interest on those registered securities shall be payable to the registered owner shown in the book entry, the owner's legal representatives, successors or transferees. [1989, c. 585, Pt. A, §7 (new).]

6. Sale. The agency may sell the securities at a public or private sale, in a manner and at a price the agency determines to be in the best interest of the agency. The agency shall not sell the securities to any firm, partnership, corporation or association, including an affiliate or subsidiary, which is a party to any contract pertaining to the financed project or which is to rent, purchase, lease or otherwise occupy premises constituting part of the project. The agency may sell the securities to a seller of the project if the project is to be used and operated by a 3rd party. [1989, c. 585, Pt. A, §7 (new).]

7. Proceeds. The proceeds of each issue shall be used solely for the authorized purposes and shall be disbursed as provided in the securing trust agreement or other document. Administration costs incurred by the agency under this program may be drawn from those proceeds. If the proceeds are less than the cost of the project, by error in the estimate or otherwise, additional securities may be issued in a like manner to provide the amount of the deficit and, unless otherwise provided in the securing trust agreement or other document, the additional securities are deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the securities first issued for the same purpose. The agency may place limits or restrictions on the issuance of additional revenue obligation securities through the securing trust agreement or other document. The agency may provide for the replacement of mutilated, destroyed or lost securities. Revenue obligation securities may be issued under this subchapter without obtaining the consent of any department, division, commission, board, bureau or agency of the State and without any other proceedings or the occurrence of any conditions or things other than those proceedings, conditions or things which are specifically required by this subchapter. Notwithstanding any of the other provisions of this subchapter, or of any recitals in any securities issued under this subchapter, all such securities are deemed to be negotiable instruments issued under the laws of this State. [1989, c. 585, Pt. A, §7 (new).]

8. Credit not pledged. Except as provided in this subsection, securities issued under this subchapter shall not constitute any debt or liability of the State or of any municipality in the State or any political subdivision of the State, or of the agency or a pledge of the faith and credit of the State or of any such municipality or political subdivision, but shall be payable solely from the revenues of the project or projects for which the securities are issued or from other eligible collateral or the revenues or proceeds of other eligible collateral pledged to the payment of the revenue obligation securities and all such securities shall contain on the securities' face a statement to that effect. The issuance of securities under this subchapter shall not directly or indirectly or contingently obligate the State or any municipality or political subdivision to levy or to pledge any form of taxation whatever or to make any appropriation for payment. [1989, c. 585, Pt. A, §7 (new).]

9. Anticipatory borrowing. In anticipation of the sale of securities under this article, the agency may issue temporary notes and renewal notes, the total face amount of which does not exceed at any one time outstanding the authorized amount of the securities. The period of anticipatory borrowing shall not exceed 3 years and the time within which the securities are to become due shall not be extended by the anticipatory borrowing beyond the term permitted by law. [1989, c. 585, Pt. A, §7 (new).]

10. Environmental protection. Revenue obligation securities of the agency may not be issued for a project until the commissioner certifies to the agency that all licenses required by the department with respect to the project are issued or that none are required. Any subsequent enlargement or addition to the project for which approval is sought from the agency requires certification by the commissioner. [1989, c. 585, Pt. A, §7 (new); c. 890, Pt. A, §40 (aff); Pt. B, §295 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2214. Trust agreements or other documents

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2214. Trust agreements or other documents

1. Trust agreements or other documents. At the discretion of the agency, revenue obligation securities may be issued under this subchapter pursuant to a trust agreement or other document. The trust agreement or other document may:

A. Pledge or assign the revenues or proceeds of the project or projects or other eligible collateral; [1989, c. 585, Pt. A, §7 (new).]

B. Set forth the rights and remedies of the security holders and other persons and contain any reasonable and legal provisions for protecting the rights and remedies of the security holders; [1989, c. 585, Pt. A, §7 (new).]

C. Restrict the individual right of action by security holders; and [1989, c. 585, Pt. A, §7 (new).]

D. Include covenants setting forth the duties of the agency and user in relation to:

(1) Acquisition of property or eligible collateral;

(2) Construction, reconstruction, renewal, replacement and insurance of the project or eligible collateral;

(3) Rents to be charged or other payments to be made for use;

(4) Payment for the project or eligible collateral; and

(5) Custody, safeguarding and application of all money.
[1989, c. 585, Pt. A, §7 (new).]

Any financial institution may furnish indemnifying bonds or pledge the securities as may be required by the agency. [1989, c. 585, Pt. A, §7 (new).]

2. Mortgages. To further secure the payment of the revenue obligation securities, the trust agreement or other document may mortgage or assign the mortgage of the project, or any part of the project, and create a lien on or security interest in any or all of the project. In the event of a default with respect to the revenue obligation securities, the trustee, mortgagee or other person may be authorized by the trust agreement or other document containing a mortgage or assignment of a mortgage to take possession of, hold, manage and operate all or any part of the mortgaged property and, with or without taking possession, to sell or from time to time lease the property in accordance with law. Any security interest granted by the authority under this chapter may be created and perfected in accordance with the Uniform Commercial Code, Title 11, Article 9-A. [1999, c. 699, Pt. D, §29 (amd); §30 (aff).]

3. Additional provisions. Any trust agreement or other document may contain provisions which shall be a part of the contract with holders of revenue obligation securities as to:

A. Pledging any specified revenues or assets of the agency to secure the payment of the securities, subject to agreements with existing holders of securities; [1989, c. 585, Pt. A, §7 (new).]

B. Pledging all or any part of the unencumbered revenues or assets of the agency to secure the payment of securities, subject to agreements with existing holders of securities; [1989, c. 585, Pt. A, §7 (new).]

C. Setting aside, regulating and disposing of reserves or sinking funds; [1989, c. 585, Pt. A, §7 (new).]

D. Limitations on the purpose to which the proceeds of sale of securities may be applied and the pledge of the proceeds to secure the payment of the securities or of any issue of securities; [1989, c. 585, Pt. A, §7 (new).]

E. Limitations on the issuance of additional securities; [1989, c. 585, Pt. A, §7 (new).]

F. The terms on which additional securities may be issued and secured and the refunding of outstanding or other securities; [1989, c. 585, Pt. A, §7 (new).]

G. The procedure, if any, by which the terms of any contract with holders of securities may be amended or abrogated, including the proportion of the holders which must consent and the manner in which the consent may be given; [1989, c. 585, Pt. A, §7 (new).]

H. Limitations on the amount of money to be expended by the agency for operating expenses of the agency; [1989, c. 585, Pt. A, §7 (new).]

I. Vesting in a trustee or trustees such property, rights, powers and duties in trust as the agency may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the holders of the securities under this subchapter, and limiting or abrogating the right of the holders of the securities to appoint a trustee under this chapter or limiting the rights, powers and duties of the trustee; [1989, c. 585, Pt. A, §7 (new).]

J. Defining the acts or omissions to act which will constitute a default in the obligations and duties of the agency to the holders of the securities and providing for the rights and remedies of the holders of the securities in the event of default, including, as a matter of right, the appointment of a receiver, but only if the rights and remedies are not inconsistent with the laws of the State and other provisions of this subchapter; and [1989, c. 585, Pt. A, §7 (new).]

K. Any other matters, of like or different character, which in any way affect the security or protection of the holders of the securities. [1989, c. 585, Pt. A, §7 (new).]

[1989, c. 585, Pt. A, §7 (new).]

4. Expenses; pledges. All expenses incurred in carrying out a trust agreement or financial document may be treated as a part of the cost of the operation of the project. All pledges of revenue or eligible collateral under this subchapter shall be valid and binding from the time when the pledge is made. All the revenues or eligible collateral pledged and later received by the agency shall immediately be subject to the lien of the pledges without any physical delivery or further action under the Uniform Commercial Code or otherwise. The lien of the pledges shall be valid and binding against all parties having claims of any kind in tort, contract or otherwise, against the agency, irrespective of whether the parties have notice thereof. [1989, c. 585, Pt. A, §7 (new).]

5. Other provisions. A trust agreement or financial document may contain other provisions the agency deems reasonable and proper for the security of the security holders. [1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2215. Rentals and revenues

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2215. Rentals and revenues

1. Provisions. Before issuing revenue obligation securities, the agency shall determine that there shall at all times be revenues and funds sufficient to:

A. Pay the principal and interest of the securities as they become due and payable and, in its discretion, to create and maintain reserves for that purpose; and [1989, c. 585, Pt. A, §7 (new).]

B. Pay the cost of maintaining and, where applicable, repairing the project unless provision is made in the financial document or other contract for maintenance and, where applicable, repair. [1989, c. 585, Pt. A, §7 (new).]

[1989, c. 585, Pt. A, §7 (new).]

2. Sinking fund. All project rentals and other revenues, except those required in subsection 1, paragraph B or to provide reserves for maintenance and, where applicable, repair, may be set aside at regular intervals as provided in the trust agreement or other document and deposited to the credit of a sinking fund charged with payment of the interest and principal of the securities as they fall due, any necessary charges of paying agents for paying principal and interest and the redemption price or the purchase price of securities retired by call or purchase. Use of money deposited to the credit of the sinking fund shall be subject to regulations prescribed in the trust agreement or other document. Except as may otherwise be provided in the trust agreement or other document, the sinking fund shall be a fund for the benefit of all securities issued for the project or projects without distinction or priority of one over another. [1989, c. 585, Pt. A, §7 (new).]

3. Trust funds. All money received under this subchapter shall be deemed trust funds, to be held and applied solely as provided in this subchapter. Any officer to whom, or any bank, trust company or other fiscal agency or trustee to which, the money shall be paid shall act as trustees of the money and shall hold and apply it for the purposes of this subchapter, subject to the requirements of this subchapter, the trust agreement or other applicable document. [1989, c. 585, Pt. A, §7 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2216. Remedies

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2216. Remedies

Any holder of revenue obligation securities or coupons issued under this subchapter and the trustee under any trust agreement, except as restricted by the trust agreement or applicable document, may, by appropriate legal action, protect and enforce any and all rights under the laws of this State or granted under this subchapter, the trust agreement or other document, including the appointment of a receiver, and may enforce and compel the performance of all duties required by this subchapter, the trust agreement or other document to be performed by the agency, including the collecting of rates, fees and charges for the use of the project. Any proceeding shall be brought for the benefit of all holders of the securities and any coupons. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2217. Revenue refunding securities

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2217. Revenue refunding securities

The agency may provide for the issuance of revenue refunding securities of the agency to refund any outstanding revenue securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of any redemption premiums and any interest accrued or to accrue to the date of redemption, and, if deemed advisable for the agency, to construct or enable the construction of improvements, extensions, enlargements or additions of the original project. The agency may provide for the issuance of revenue obligation securities of the agency for the combined purpose of refunding any outstanding revenue obligation securities or revenue refunding securities issued under this subchapter or to refund any obligations or securities of any municipality, including the payment of redemption premiums and interest accrued or to accrue and paying all or any part of the cost of acquiring or constructing or enabling the acquisition or construction of any additional project or part of any improvements, extensions, enlargements or additions of any project. The issuance of the securities, the maturities and other details, the rights and remedies of the holders and the rights, powers, privileges, duties and obligations of the agency shall be governed by the provisions of this subchapter insofar as they are applicable. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2218. Tax exemption

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2218. Tax exemption

Revenue obligation securities issued under this article shall constitute a proper public purpose and the securities, their transfer and the income from them, including any profits made on their sale, shall at all times be exempt from taxation within the State, whether or not those securities, their transfer or the income from them, including any profits on their sale, are subject to taxation under the United States Internal Revenue Code. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2219. Leasehold or other interests of lessee taxable

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2219. Leasehold or other interests of lessee taxable

The interest of the user of any project is subject to taxation in the manner provided for similar interests in Title 36, section 551, subject to Title 36, sections 655 and 656. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2220. Bonds as legal investments

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2220. Bonds as legal investments

The revenue obligation securities of the agency and any loan or extension of credit issued under this article shall be legal investments in which all public officers and public bodies of the State, its political subdivisions, all regional associations and municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries and all other persons who are now or may later be authorized to invest bonds or other obligations of the State, may properly and legally invest funds, including capital, in their control or belonging to them. The revenue obligation securities and any loan or extension of credit which is issued under this subchapter are also made securities, which may properly and legally be deposited with all public officers and bodies of the State or any agency or political subdivisions and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be authorized by law. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2221. Capital reserve funds; obligation of State

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2221. Capital reserve funds; obligation of State

1. Capital reserve fund. The agency may create and establish one or more capital reserve funds and may pay into any such capital reserve fund any money appropriated and made available by the State for the purposes of any such fund, any proceeds of sale by the agency of revenue obligation securities to the extent determined by the agency and any other money available to the agency. For purposes of this section, the amount of any letter of credit, insurance contract, surety bond, indemnification agreement or similar financial undertaking available to be drawn on and applied to obligations to which money in any such fund may be applied shall be deemed to be and counted as money in the capital reserve fund. [1989, c. 585, Pt. A, §7 (new).]

2. Application. Money in any capital reserve fund created pursuant to subsection 1, except as provided in this section, shall be used solely with respect to revenue obligation securities or mortgage loans, repayment of which is secured by any such fund and solely for the payment of principal, accrued interest and costs and expenses chargeable to the mortgage loan or securities, the purchase or redemption of the securities, including any fees or premiums or the payment of interest on the securities. Money in excess of the reserve requirement set forth in subsection 3 may be transferred to other funds and accounts of the agency. [1989, c. 585, Pt. A, §7 (new).]

3. Reserve requirement. The agency may provide that money in any such fund shall not be withdrawn at any time in an amount which would reduce the amount of any such fund to less than the maximum amount of principal and interest becoming due and payable under any applicable trust agreement or other agreement in the next succeeding 12-month period, the amount being referred to as the capital reserve requirement, except for the purpose of paying the amount due and payable with respect to revenue obligation securities or mortgage loans, repayment of which is secured by any such fund. [1989, c. 585, Pt. A, §7 (new).]

4. Issuance limit. The agency may provide that it shall not issue revenue obligation securities if the capital reserve requirement with respect to securities outstanding and then to be issued and secured by any such fund will exceed the amount of any such fund, including the amount available to be drawn on any letter of credit given to secure the capital reserve requirement, at the time of issuance, unless the agency, at the time of issuance of the securities, shall deposit in any such fund from proceeds of the securities to be issued, or from other sources, an amount which, together with the amounts then in any such fund and amounts available to be drawn under any letter of credit, will not be less than the capital reserve requirement. [1989, c. 585, Pt. A, §7 (new).]

5. Security for mortgage loans. With respect to any mortgage loans which may be secured under this article, the agency may provide that such mortgage loans shall be secured by one or more capital reserve funds established pursuant to subsection 1. Any commitment with respect to a mortgage loan executed and delivered pursuant to this section shall be conclusive evidence of the eligibility of the mortgage loan for capital reserve fund security and the validity of any such commitment or contract shall be incontestable in the hands of a mortgage lender except for fraud or misrepresentation on the part of the mortgage lender. Mortgages secured by capital reserve funds under this section are made legal investments for all insurance companies, trust companies, banks, investment companies, savings banks, savings and loan associations, executors, trustees and other fiduciaries, public and private pension or retirement funds and other persons. [1989, c. 585, Pt. A, §7 (new).]

6. Appropriation. On or before December 1st, annually, the agency shall certify to the Governor the amount, if any, necessary to restore the amount in any capital reserve fund, to which this subsection is stated in any written agreement, the trust agreement or other document to apply, to the capital reserve requirement. The Governor shall pay directly from the State Contingent Account to any such fund as much of the amount as is available in that account, as determined by the Governor, and shall transmit directly to the Legislature certification and a statement of the amount, if any, remaining to be paid. The certified amount shall be appropriated and paid to the agency during the current state fiscal year. [1989, c. 585, Pt. A, §7 (new).]

7. Obligations and securities outstanding. The agency may not have at any one time outstanding obligations or revenue obligation securities to which subsection 6 is stated in any agreement or the trust agreement or other document to apply in principal amount exceeding an amount equal to $50,000,000. This subsection constitutes specific legislative approval to issue up to $50,000,000 in tax-exempt revenue obligation securities. The amount of revenue obligation securities issued to refund securities previously issued may not be taken into account in determining the principal amount of securities outstanding, provided that proceeds of the refunding securities are applied as promptly as possible to the refunding of the previously issued securities. In computing the total amount of revenue obligation securities of the agency that may at any time be outstanding for any purpose, the amount of the outstanding revenue obligation securities that have been issued as capital appreciation bonds or as similar instruments shall be valued as of any date of calculation at their then current accreted value rather than their face value. [1989, c. 585, Pt. A, §7 (new); c. 869, Pt. A, §17 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2222. Taxable bond option

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 7: FINANCE, FEES AND CONTRACTS (HEADING: PL 1989, c. 585, Pt. A, @7 (new))
Article 3: Revenue obligation securities and mortgage loans (HEADING: PL 1989, c. 585, Pt. A, @7 (new))

§2222. Taxable bond option

With respect to all or any portion of any issue of any bonds or any series of bonds which the agency may issue in accordance with the limitations and restrictions of this subchapter, the agency may covenant and consent that the interest on the bonds shall be includable, under the United States Internal Revenue Code of 1986, as amended, or any subsequent corresponding internal revenue law of the United States, in the gross income of the holders of the bonds to the same extent and in the same manner that the interest on bills, bonds, notes or other obligations of the United States is includable in the gross income of the holders under the United States Internal Revenue Code or any subsequent law. The foregoing grant of power shall not be construed as limiting the inherent power of the State or its agencies under any other provision of law to issue debt, the interest on which is includable in the gross income of the holders of the interest under the United States Internal Revenue Code or any subsequent law. [1989, c. 585, Pt. A, §7 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2231. Definitions

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2231. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 676, §1 (new).]

1. Incineration facility. "Incineration facility" means a facility that accepts municipal solid waste for consideration and disposes of the waste through combustion, including combustion for the generation of heat, steam or electricity. A facility that incinerates municipal solid waste in amounts that constitute less than 2% by weight of its fuel is not an incineration facility. [1991, c. 676, §1 (new).]

2. Solid waste. "Solid waste" means useless, unwanted or discarded solid material 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. "Solid waste" includes fuel, whether solid, liquid or gas, derived from materials such as those listed. [1991, c. 676, §1 (new).]

3. Tipping fee. "Tipping fee" means any fee, rate, toll or other charge that an incineration facility charges for disposal of solid waste from the facility's customers. [1991, c. 676, §1 (new).]

4. Waste source. "Waste source" means any entity that pays a tipping fee to an incineration facility. [1991, c. 676, §1 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2232. Reporting

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2232. Reporting

An incineration facility shall submit an annual report to the office no later than 90 days after the end of the incineration facility's fiscal year. For reasonable cause shown and upon written application by an incineration facility, the office may grant an extension of the 90-day period. The report must be certified by an appropriate executive officer of the incineration facility as being complete and accurate. The office may prescribe the form of the annual report and the number of copies that must be submitted. The report must include the following information: [1995, c. 656, Pt. A, §65 (amd).]

1. Waste. The total weight in tons of all solid waste received by the incineration facility in the last completed fiscal year and each month of that year and a breakdown of these totals according to the waste sources; [1991, c. 676, §1 (new).]

2. Tipping fee. A schedule of various tipping fees imposed by the incineration facility on the incineration facility's municipal and commercial customers over the last completed fiscal year including an identification of all changes in those fees and a similar schedule of fees to be imposed on municipal and commercial customers for the next fiscal year. The tipping fees for commercial customers must be set out separately by each rate charged to each category of commercial customer; [1991, c. 676, §1 (new).]

3. Revenue. The total revenue of the incineration facility from all sources for the last completed fiscal year and each month of that year. Revenue figures must identify revenues from each revenue source, including, but not limited to, tipping fees and any revenue from sales of electricity to transmission and distribution utilities; [1999, c. 657, §27 (amd).]

4. Expenditures. The total expenditures of the incineration facility during the last completed fiscal year including details of those expenditures as required by the office; and [1995, c. 656, Pt. A, §66 (amd).]

5. Other information. Any other information required by the office. [1995, c. 656, Pt. A, §66 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2233. Civil violation

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2233. Civil violation

A person that violates any requirement of section 2232 commits a civil violation for which a forfeiture not to exceed $200 may be adjudged. Each day of a violation is considered a separate offense. [1991, c. 676, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2234. Civil penalty

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2234. Civil penalty

A person that certifies a report under section 2232 as being complete and accurate and who knows that the report is either incomplete or inaccurate is subject to a civil penalty not to exceed $500, payable to the State. This penalty is recoverable in a civil action. [1991, c. 676, §1 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2235. Use of files

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2235. Use of files

The office shall keep on file for public inspection and use all reports submitted under this subchapter. [1995, c. 656, Pt. A, §67 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 38 - §2236. Limitation

Title 38: WATERS AND NAVIGATION
Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING (HEADING: PL 1995, c. 465, Pt. A, @26 (rpr)
Subchapter 8: INCINERATION PLANT FINANCIAL STATEMENTS (HEADING: PL 1991, c. 676, @1 (new))

§2236. Limitation

Nothing in this subchapter may be construed to create or expand any office authority over financial, organizational or rate regulation of incineration facilities. [1995, c. 656, Pt. A, §68 (amd).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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