LD 597
pg. 2
Page 1 of 3 PUBLIC Law Chapter 341 Page 3 of 3
Download Chapter Text
LR 1385
Item 1

 
department in processing an application must be paid for by the
applicant person applying for the license as provided in department
rules.

 
Sec. 2. Resolve 2003, c. 93, §1, sub-§5 is amended to read:

 
5. Notwithstanding the Maine Revised Statutes, Title 38,
section 1310-U, the municipality in which the disposal facility
is located may not regulate the operation or any other aspect of
the disposal facility as provided in Title 38, section 2173 or by
means of any municipal ordinances, regulations, licenses or
permits, except that the municipality may enact ordinances with
respect to the operation of any expansion of the disposal
facility, including any expansion of the type of waste the
facility is licensed to accept, that contain standards the
municipality finds reasonable, including, without limitation,
standards concerning conformance with federal and state solid
waste rules; fire safety; traffic safety; levels of noise heard
outside the facility; the distance from existing residential,
commercial or institutional uses; groundwater protection; surface
water protection; erosion and sedimentation control; and
compatibility of the disposal facility with local zoning and land
use controls, as long as the standards are not more strict than
those contained in Title 38, chapter 3, subchapter 1, articles 5-
A and 6 and Title 38, chapter 13 and the rules adopted under
those chapters. The municipality is prohibited from enacting
stricter standards than those contained in Title 38, chapter 13
governing the hydrogeological criteria for siting or designing
the expansion of or the governing of the engineering criteria
related to waste handling and disposal areas of the expanded
disposal facility. Such municipal ordinances must use
definitions consistent with those adopted by the Department of
Environmental Protection, Board of Environmental Protection. The
municipal officers of the City of Old Town and the Town of Alton
shall establish a joint citizen advisory committee consisting of
7 8 members, of which 5 must be from the City of Old Town and, 2
from the Town of Alton and one from the Penobscot Nation. In
appointing members to the committee, the municipal officers shall
use Title 38, section 2171, subsection 1 as guidance. The
Penobscot Nation shall appoint one member of the committee. 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. The committee may:

 
A. Review proposed contracts, site analyses, applications
and other documents relating to the construction, permitting
and operation of the disposal facility;

 
B. Hold periodic public meetings to solicit the opinions of


Page 1 of 3 Top of Page Page 3 of 3
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer