LD 948
pg. 4
Page 3 of 6 An Act To Ensure Clean Air in Communities Affected by Privately Owned Incinerat... Page 5 of 6
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LR 1474
Item 1

 
Sec. 8. 38 MRSA §1303-C, first ¶, as enacted by PL 1989, c. 585, Pt. E,
§4 and amended by c. 878, Pt. H, §7, is further amended to read:

 
As used in this chapter, chapter 4 or in chapter 24, unless
the context otherwise indicates, the following terms have the
following meanings.

 
Sec. 9. 38 MRSA §1303-C, sub-§1-B is enacted to read:

 
1-B.__Affected community.__"Affected community" means a
town, township or city within a 10-mile radius of a privately
owned incineration facility burning municipal solid waste or
refuge-derived fuel, regardless of whether the community is
also a charter community or a host community.

 
Sec. 10. 38 MRSA §1303-C, sub-§2-C is enacted to read:

 
2-C.__Charter community.__"Charter community" means a town,
township or city presently delivering solid waste or municipal
solid waste to an incineration facility by virtue of a
contract or charter agreement dated prior to December 31,
2002.

 
Sec. 11. 38 MRSA §1303-C, sub-§§15-B and 15-C are enacted to read:

 
15-B.__Health and air quality assessment.__"Health and air
quality assessment" means a comprehensive analysis of the
effects of an incineration facility upon the soil, air, water
and population within an affected community as described in
section 590-F.

 
15-C.__Host community.__"Host community" means a town,
township or city presently delivering solid waste or municipal
solid waste to an incineration facility by virtue of a
contract or host community agreement dated prior to December
31, 2002.

 
Sec. 12. 38 MRSA §1304, sub-§1-D is enacted to read:

 
1-D.__Municipal powers.__Notwithstanding the other
provisions of this section, an affected community may
establish its own reasonable regulations on the transportation
of solid waste, municipal solid waste, special waste and
refuse-derived fuel through the community, including posting
certain roads with weight limitations, setting route
limitations or restrictions to minimize the disruption of
predominantly residential areas or areas of special
environmental concern or sensitivity, limiting hours for the
delivery of wastes and setting penalties for transporters who
leak, spill or discharge wastes onto public ways.


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