CHAPTER 40
H.P. 156 - L.D. 198
An Act to Amend the Permitting Laws for Septic Waste Disposal Sites
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1305, sub-§6, as amended by PL 1991, c. 499, §21, is further amended to read:
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. Before In addition to making application to the Department of Environmental Protection for approval of any site, that person shall first 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 Regulation 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 it finds 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.
Unless otherwise indicated, effective June 26, 1997.
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