Subchapter 1: GENERAL PROVISIONS HEADING: PL 1987, C. 517, §4 (RPR)
§1305. Municipalities; powers and duties
Each municipality shall provide solid waste disposal services for domestic and commercial
solid waste generated within the municipality and may provide these services for industrial
wastes and sewage treatment plant sludge.
1989, c. 585, Pt. E, §17 (RPR)
1983, c. 816, Pt. A, §43 (RP)
1983, c. 380, §3 (RP)
4.Municipal status reports.
1989, c. 585, Pt. E, §18 (RP)
All permits issued pursuant to Title 30-A, chapter 183, subchapter I, shall, in
addition to requirements imposed by those sections, be conditioned on compliance with
rules adopted by the board concerning the operation of solid waste disposal facilities.
Copies of permits issued by the municipality must be submitted to the commissioner
within 30 days of issue.
1989, c. 6, (AMD);
1989, c. 9, §2 (AMD);
1989, c. 104, Pt. C, §§8, 10 (AMD);
1989, c. 890, Pt. A, §40 (AFF);
1989, c. 890, Pt. B, §231 (AMD)
6.Municipal septage sites.
Each municipality shall provide for the disposal of all refuse, effluent, sludge
and any other materials from all septic tanks and cesspools located within the municipality.
In addition, any person may provide a site for disposal of septage. In addition to
making application to the Department of Environmental Protection for approval of any
site, that person shall have written approval for the site location from the municipality
in which it is located, unless the site is located in a Resource Protection District
under the jurisdiction of the Maine Land Use Planning Commission. A municipality
may determine whether approval of the site must be obtained first from the department
or the municipality. The municipal officers shall approve, after hearing, any such
private site if they find that the site complies with municipal ordinances and with
local zoning and land use controls. In the absence of applicable municipal ordinances
and local zoning and land use controls, the municipality shall base its approval of
the site on compliance with the siting and design standards in the department's rules
relating to septage management. For purposes of this subsection, "municipality" means
a city, town or plantation.
1997, c. 40, §1 (AMD);
2011, c. 682, §38 (REV)
7.On-site disposal of domestic septage; enforcement.
Municipalities shall enforce the provisions of section 1306, subsection 2. Municipalities
may recover all costs of enforcement, including attorneys' fees, from a septage pumper
who violates the provisions of that subsection.
1983, c. 726, §2 (NEW)
8.Septage and sludge permits; municipal enforcement.
Pursuant to Title 30-A, section 4452, subsection 6, a municipality, after notifying
the department, may enforce the terms and conditions of a septage land disposal or
storage site permit or a sludge land application or storage site permit issued by
the department under this subchapter.
1997, c. 38, §2 (AMD)
9.Coordination between municipality and department.
Coordination between the department and a municipality concerning applications and
modifications in the terms or conditions of a permit or license for a sludge land
application site or storage facility is governed by this subsection.
A. Within 14 working days of its receipt of a complete application for a sludge land
application site or storage facility, the department shall notify the municipal officers
or their designees from the municipality in which the site or facility would be located
of the application and the name and address of the applicant. The department shall
provide the municipal officers with copies of all test results performed on the sludge
material that is proposed to be spread in that municipality. Prior to approving
an application for a sludge land application site or storage facility, the department
shall consult with the municipal officers or their designees in the municipality in
which the site or facility is proposed and provide them with an opportunity to suggest
conditions, including additional setbacks, to be imposed on a permit or license. If
the department does not impose conditions on a permit or license that have been suggested
in writing by the municipal officers, the department shall provide a written explanation
to the municipal officers. [1999, c. 393, §3 (NEW).]
B. The department shall consult with the municipal officers within 10 days of receiving
a request by the sludge generator to change the terms or conditions of a permit or
license. The municipality may petition the commissioner to review a generating facility's
testing protocol for sludge. The commissioner shall respond to the municipality in
writing within 10 days of the municipality's petition. The commissioner may order
the applicant to conduct an additional test at the applicant's cost. A copy of the
additional test results must be provided to the municipal officers. [1999, c. 393, §3 (NEW).]
1999, c. 393, §3 (RPR)
1973, c. 387, (NEW).
1979, c. 383, §9 (AMD).
1979, c. 541, §A277 (AMD).
1983, c. 11, (AMD).
1983, c. 380, §§2,3 (AMD).
1983, c. 726, §2 (AMD).
1983, c. 816, §A43 (AMD).
1985, c. 27, (AMD).
1987, c. 737, §§C97,C106 (AMD).
1989, c. 6, (AMD).
1989, c. 9, §2 (AMD).
1989, c. 104, §§C8,C10 (AMD).
1989, c. 585, §§E17,E18 (AMD).
1989, c. 890, §§A40,B231 (AMD).
1991, c. 499, §21 (AMD).
1991, c. 732, §5 (AMD).
1997, c. 38, §§2-4 (AMD).
1997, c. 40, §1 (AMD).
1999, c. 393, §§3,4 (AMD).
2011, c. 682, §38 (REV).
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