Maine Revised Statutes Title 38 Sec. 1319-X – Criteria for development of waste oil facilities and biomedical waste facilities
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The following criteria for facility development apply to an application for a waste oil facility or a new or substantially modified biomedical waste treatment or disposal facility in addition to other criteria established by law or rule for those facilities. [PL 2021, c. 186, §16 (AMD).]
1. Financial capacity. The applicant has the financial capacity and technical ability to develop the project in a manner consistent with state environmental standards.
[PL 1993, c. 383, §38 (NEW).]
Terms Used In Maine Revised Statutes Title 38 Sec. 1319-X
- Biomedical waste: means waste that may contain human pathogens of sufficient virulence and in sufficient concentrations that exposure to it by a susceptible human host could result in disease or that may contain cytotoxic chemicals used in medical treatment. See Maine Revised Statutes Title 38 Sec. 1303-C
- Conveyance: means any aircraft, watercraft, vehicle or other machine used for transportation on land, water or in the air. See Maine Revised Statutes Title 38 Sec. 1303-C
- Disposal: means the discharge, deposit, dumping, spilling, leaking or placing of hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage into or on land, air or water and the incineration of solid waste, refuse-derived fuel, sludge or septage so that the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage or a constituent of the hazardous, biomedical or solid waste, waste oil, refuse-derived fuel, sludge or septage may enter the environment or be emitted into the air, or discharged into waters, including ground waters. See Maine Revised Statutes Title 38 Sec. 1303-C
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Site: means the same or geographically contiguous property which may be divided by a public or private right-of-way, as long as the entrance and exit between the properties is at a crossroads intersection and access is by crossing as opposed to going along the right-of-way. See Maine Revised Statutes Title 38 Sec. 1303-C
- Solid waste: means useless, unwanted or discarded solid material with insufficient liquid content to be free-flowing, including, but not limited to, rubbish, garbage, refuse-derived fuel, scrap materials, junk, refuse, inert fill material and landscape refuse, but does not include hazardous waste, biomedical waste, septage or agricultural wastes. See Maine Revised Statutes Title 38 Sec. 1303-C
- Treatment: means any process, including but not limited to incineration, designed to change the character or composition of any hazardous waste, waste oil or biomedical waste so as to render the waste less hazardous or infectious. See Maine Revised Statutes Title 38 Sec. 1303-C
- Waste oil: means a petroleum-based or synthetic oil that, through use or handling, has become unsuitable for its original purpose due to the presence of impurities or loss of original properties. See Maine Revised Statutes Title 38 Sec. 1303-C
2. No adverse effect on the natural environment. The applicant has provided adequately for fitting the project harmoniously into the existing natural environment and the project will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.
[PL 1993, c. 383, §38 (NEW).]
3. Ground water. The proposed project does not pose an unreasonable risk that a discharge to a significant ground water aquifer will occur.
[PL 1993, c. 383, §38 (NEW).]
4. Soil types and erosion. The project will be built on soil types suitable to the nature of the undertaking and will not cause unreasonable erosion of soil or sediment.
[PL 1993, c. 383, §38 (NEW).]
5. Traffic movement. The applicant has provided adequately for traffic movement of all types into, out of or within the project area. The department shall consider traffic movement both on site and off site, including safety and congestion along waste conveyance transportation routes. The Department of Transportation shall provide the department with an analysis of traffic movement of all types into, out of or within the project area.
[PL 1993, c. 383, §38 (NEW).]
6. Infrastructure. The applicant has provided adequately for utilities including water supplies, sewerage facilities, solid waste disposal and roadways required for the project and the project will not have an unreasonable adverse effect on the existing or proposed utilities and roadways in the municipality or area served by those services.
[PL 1993, c. 383, §38 (NEW).]
7. Flooding. The project will not unreasonably cause or increase the flooding of the alteration area or adjacent properties nor create an unreasonable flood hazard to a structure.
[PL 1993, c. 383, §38 (NEW).]
The department may not issue a license for a waste oil facility if the proposed facility overlies a significant ground water aquifer or a primary sand and gravel recharge area. [PL 2021, c. 186, §17 (AMD).]
SECTION HISTORY
PL 1993, c. 383, §38 (NEW). PL 2021, c. 186, §§15-17 (AMD).