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junkyard, automobile recycling business or the owner's or | | operator's abutting residence.__This prohibition does not apply to | | wells installed after an automobile graveyard, junkyard or | | automobile recycling business has already received a permit under | | section 3753. |
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| | | Automobile graveyards, junkyards and automobile recycling | | businesses operating under the terms of permits issued prior to | | the effective date of this subsection and handling junk, scrap | | metal, vehicles or other solid waste within 300 feet of wells | | that serve as public or private water supplies may continue to | | operate in those locations under the terms of those permits.__ | | Municipal officers or county commissioners may renew a permit | | allowing the continued handling of junk, scrap metal, vehicles or | | other solid waste within 300 feet of a well serving as a public | | or private water supply as long as no further encroachment toward | | the well occurs and there is no evidence of contamination of the | | well. |
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| | | 5.__Operating standards.__All automobile graveyards and | | junkyards permitted pursuant to section 3753 are required to | | comply with the following standards: |
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| | | A.__All fluids, including, but not limited to, engine | | lubricant, transmission fluid, brake fluid, battery acid, | | engine coolant, gasoline and oil, must be properly handled | | in such a manner that they do not leak, flow or discharge | | into or onto the ground or into a body of water; |
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| | | B.__A vehicle containing fluids may not be stored or | | dismantled: |
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| | | (1)__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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| | | (2)__Within the 100-year floodplain; or |
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| | | (3)__Over a mapped sand and gravel aquifer; |
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| | | C.__Junk, scrap metal, vehicles or other solid wastes may | | not be placed or deposited, directly or indirectly, into the | | inland waters or tidal waters of the State or on the ice of | | inland waters or tidal waters or on the banks of inland | | waters or tidal waters in such a manner that they may fall | | or be washed into these waters; and |
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| | | 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, |
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