| D.__Junkyard and automobile graveyard owners must | demonstrate at the time of licensing that the facility or | facilities for which they seek permits are, or are part of, | a viable business entity engaged in the business of | salvaging, recycling, dismantling, processing, repairing or | rebuilding junk or vehicles for the purpose of sale, trade | or personal use. |
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| | 6.__Rules.__A permit, other than a limited-term permit as | described in this section,__may not be granted for an automobile | graveyard or automobile recycling business that is not in | compliance with all applicable provisions of the automobile | dealer or recycler licensing provisions of Title 29-A, chapter 9.__ | Municipal officers or county commissioners may award a limited- | term permit conditioned upon an automobile graveyard's or | automobile recycling business's demonstrating compliance with the | provisions of Title 29-A, chapter 9 within 90 calendar days of | the issuance of the municipal or county limited-term permit. |
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| | 7.__Local ordinances.__This subchapter may not be construed to | limit a municipality's home rule authority to enact ordinances | with respect to automobile graveyards, automobile recycling | businesses and junkyards that the municipality determines | reasonable, including, but not limited to, ordinances concerning: |
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| A.__Compliance with state and federal solid waste and | hazardous waste regulations; |
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| B.__Fire and traffic safety; |
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| C.__Levels of noise that can be heard outside the premises; |
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| D.__Distance from existing residential or institutional | uses; |
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| E.__The effect on groundwater and surface water, as long as | municipal ordinances on groundwater are no less stringent | than or inconsistent with rules adopted by the Department of | Environmental Protection; and |
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| F.__Best management practices for automobile graveyards, | junkyards and automobile recycling businesses developed by | the Department of Environmental Protection. |
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| Municipal officers or county commissioners shall consider | compliance with these local ordinances in deciding whether to | grant or deny a permit for any automobile graveyard, automobile | recycling business or junkyard and in attaching conditions of | approval to a permit. |
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