| | 8.__Applicability.__Municipalities may apply local ordinances | adopted previously under subsection 7 pertaining to automobile | graveyards and junkyards to an automobile recycling business | without amending those ordinances to include automobile recycling | businesses.__A municipality must provide notice of its intent to | apply these ordinances at the time an application for an | automobile recycling business permit is filed. |
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| | 9.__Right of entry.__Municipal officers or their designees | may, to carry out the provisions of this subchapter or to | determine compliance with any laws, ordinances, license or permit | approvals, decisions or conditions: |
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| A.__Enter any automobile graveyard, junkyard or automobile | recycling business property and inspect all outside areas, | equipment and activities at reasonable hours for compliance | with the laws or ordinances set forth in accordance with | this subchapter; and |
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| B.__Enter any building on the property with the consent of | the owner, occupant or agent to inspect the building and | activities within the building for compliance with the laws | or ordinances set forth in accordance with this subchapter. |
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| A municipal officer's or designee's entry onto property under | this subsection is not a trespass. |
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| | Sec. 9. 30-A MRSA §3755, as amended by PL 1993, c. 173, §5, is | repealed. |
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| | Sec. 10. 30-A MRSA §3755-A, sub-§3, ¶¶A, B and F, as enacted by PL 1993, | c. 173, §6, are amended to read: |
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| A. The site of the yard must be enclosed by a visual screen | at least 6 feet high and built in accordance with rules | adopted by the Department of Transportation pursuant to that | complies with the screening requirements of section 3759 | 3754-A. |
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| B. A vehicle with an intact engine or motor containing | fluids may not be stored within 100 feet of any body of | water or freshwater wetland, as defined by Title 38, section | 436-A, subsection 5. |
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| F. A Except as provided in subsection 3754-A, subsection | 4, a vehicle may not be dismantled or stored within 100 300 | feet of a well that serves as a public or private water | supply, excluding a private well that serves only the | automobile recycling business or the owner or operator's | abutting residence. |
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