| 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: |