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| Sec. 6. 38 MRSA §1306, sub-§5 is enacted to read: |
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| | | 5.__Control of fluids from motor vehicles at junkyards, | | automobile graveyards and automobile recycling businesses.__ | | Fluids must be controlled in accordance with the following. |
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| | | A.__All fluids, including but not limited to engine | | lubricant, transmission fluid, brake fluid, power steering | | fluid, hydraulic fluid, engine coolant, gasoline, diesel | | fuel, oil and refrigerant, batteries and mercury switches | | must be properly handled by junkyards, automobile graveyards | | and automobile recycling businesses in such a manner that | | they do not leak, flow or discharge into or onto the ground, | | into a body of water or into the air. |
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| | | B.__All fluids, refrigerant, batteries and mercury switches | | must be removed from motor vehicles that lack engines or | | other parts that render the vehicles incapable of being | | driven under their own motor power or that are otherwise | | incapable of being driven under their own motor power, | | appliances and other items within 180 days of acquisition by | | a junkyard, automobile graveyard or automobile recycling | | business.__Motor vehicles, appliances and other items | | acquired by and on the premises of a junkyard, automobile | | graveyard or automobile recycling business prior to October | | 1, 2005 must have all fluids, refrigerant, batteries and | | mercury switches removed by January 1, 2007.__Fluids | | required to be removed under this paragraph must be removed | | to the greatest extent practicable. |
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| | | C.__A person may not crush, shred or otherwise process, or | | cause to be crushed, shredded or otherwise processed, motor | | vehicles, appliances or other items before removal of all | | fluids, refrigerant, batteries and mercury switches.__Fluids | | required to be removed under this paragraph must be removed | | to the greatest extent practicable. |
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| | | Sec. 7. Effective date. This Act takes effect October 15, 2005. |
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