Maine Revised Statutes > Title 38 > Chapter 13 > Subchapter 1-A – Solid Waste
Current as of: 2023 | Check for updates
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| Article 1 | Remediation and Closure | 1310-C – 1310-H-1 |
| Article 3 | Solid Waste Facility Siting | 1310-N – 1310-AA |
Terms Used In Maine Revised Statutes > Title 38 > Chapter 13 > Subchapter 1-A - Solid Waste
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Aggregate student data: means data that is not personally identifiable and that is collected or reported at the group, cohort or institutional level. See Maine Revised Statutes Title 20-A Sec. 952
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Amortization: Paying off a loan by regular installments.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- 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
- Board: means a bureau, board or commission listed in Title 10, section 8001 or 8001?A, other licensor that is affiliated with or is a part of the Department of Professional and Financial Regulation, the Board of Overseers of the Bar or any other state agency or municipality that issues a license authorizing a person to engage in a business, occupation, profession or industry and any state agency, bureau, board, commission or municipality that issues a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity. See Maine Revised Statutes Title 19-A Sec. 2101
- Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1
- Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501
- Closure: means the completion of those activities specified in this article or in rules adopted pursuant to this article or a department closing order as appropriate, including, but not limited to, the placement of a cover or cap as a barrier over a landfill in order to minimize the infiltration of precipitation into the waste contained in the landfill. See Maine Revised Statutes Title 38 Sec. 1310-C
- Commercial landfill facility: means a commercial solid waste facility that is used for the burial of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C
- Commercial solid waste disposal facility: means a solid waste disposal facility except as follows:
A. See Maine Revised Statutes Title 38 Sec. 1303-CCommissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Community school district: means a state-approved unit of school administration composed of more than one municipality or school administrative district which may provide public education for any combination of kindergarten through grade 12. See Maine Revised Statutes Title 20-A Sec. 1 Concept approval: means the initial approval of a school construction project by the state board which indicates:
A. See Maine Revised Statutes Title 20-A Sec. 15901Construction and demolition debris: means debris resulting from construction, remodeling, repair, and demolition of structures. See Maine Revised Statutes Title 38 Sec. 1303-C Contract: A legal written agreement that becomes binding when signed. Contractor: means a business entity that engages in, or intends to engage in, landfill closure activities as a business service on property that it does not own. See Maine Revised Statutes Title 38 Sec. 1310-C Cooperative board: means the governing body with statutory powers and duties for a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Design and funding approval: means approval by the state board indicating that a school construction project's drawings and specifications have been developed to 100% completion, the project has gained the recommendations of the department and the school administrative unit is authorized to seek bids for the work. See Maine Revised Statutes Title 20-A Sec. 15901 Discharge: includes , but is not limited to, any spilling, leaking, pumping, pouring, emitting, disposing, emptying or dumping of pollutants onto the land or into the water or ambient air. See Maine Revised Statutes Title 38 Sec. 1310-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 District school committee: means the governing body with statutory powers and duties for a community school district. See Maine Revised Statutes Title 20-A Sec. 1 Eligible student: means a student who has reached 18 years of age or who is attending a postsecondary educational institution. See Maine Revised Statutes Title 20-A Sec. 952 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Generation: means the act or process of producing hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Handle: means to store, transfer, collect, separate, salvage, process, recycle, reduce, recover, incinerate, dispose of or treat. See Maine Revised Statutes Title 38 Sec. 1303-C Host community: means any town, township or city that is the geographic site of a solid waste disposal facility or any immediately contiguous town, township or city if such town, township or city can demonstrate to the department that it incurs a direct financial impact related to any necessary development or maintenance of infrastructure or to any necessary provision of services as a result of the location or operation of that solid waste disposal facility. See Maine Revised Statutes Title 38 Sec. 1303-C in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Incineration facility: means a facility where municipal solid waste or refuse-derived fuel is disposed of through combustion, including combustion for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Inert fill: means clean soil material, rocks, bricks, and cured concrete, which are not mixed with other waste, and which are not derived from an ore mining activity. See Maine Revised Statutes Title 38 Sec. 1303-C Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Kindergarten: means a one-year or 2-year childhood education program, for children at least 5 years of age, immediately prior to grade one. See Maine Revised Statutes Title 20-A Sec. 1 Land clearing debris: means solid wastes resulting from the clearing of land and consisting solely of brush, stumps, soil material and rocks. See Maine Revised Statutes Title 38 Sec. 1303-C Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry, and a license or permit to hunt, fish, operate a boat, operate a snowmobile, operate an ATV or engage in any other sporting or recreational activity, but does not mean a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101 Licensee: means an individual holding a license, certification, registration, permit, approval or other similar document evidencing admission to or granting authority to engage in a profession, occupation, business or industry except an individual holding a registration, permit, approval or similar document evidencing the granting of authority to engage in the business of banking pursuant to Title 9?B. See Maine Revised Statutes Title 19-A Sec. 2101 Maintenance of plant: means those activities concerned with keeping the grounds, buildings and equipment at their original condition of completeness or efficiency either through repairs or by replacement of property. See Maine Revised Statutes Title 20-A Sec. 15901 Major capital cost: means school construction projects and may include the cost for equipment approved under a school construction project. See Maine Revised Statutes Title 20-A Sec. 15901 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Membership: means active participation in the program of a school from the date of enrollment to the time the student withdraws or is absent from the school for 10 consecutive days for reasons other than illness. See Maine Revised Statutes Title 20-A Sec. 15001 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal school unit: means a state-approved unit of school administration composed of a single municipality. See Maine Revised Statutes Title 20-A Sec. 1 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 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Obligor: means any person owing a duty of support. See Maine Revised Statutes Title 19-A Sec. 101 Open-municipal solid waste landfill: means a solid waste landfill owned by a municipality or group of municipalities, the Passamaquoddy Tribe, the Penobscot Nation or a quasi-municipal entity, such as a county or legislatively chartered village corporation, handling solid waste on or after February 1, 1976. See Maine Revised Statutes Title 38 Sec. 1310-C Operator: means any entity other than the department, school administrative unit or school to the extent that the entity:
A. See Maine Revised Statutes Title 20-A Sec. 952Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Permanent space lease-purchase project: means the lease-purchase of permanent administrative space or permanent small nonadministrative or instructional space whose costs are wholly or partially eligible as debt service costs for subsidy purposes under section 15672, subsection 2?A, paragraph B, subparagraph (1) or subparagraph (3). See Maine Revised Statutes Title 20-A Sec. 15901 Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Principal: means the person who supervises the operation and management of a school and school property as determined necessary by the superintendent under policies established by the school board. See Maine Revised Statutes Title 20-A Sec. 1 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Quorum: The number of legislators that must be present to do business. Recycle: means to recover, separate, collect and reprocess waste materials for sale or reuse other than use as a fuel for the generation of heat, steam or electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Recycling: means the collection, separation, recovery and sale or reuse of materials that would otherwise be disposed of or processed as waste or the mechanized separation and treatment of waste, other than through combustion, and the creation and recovery of reusable materials other than as a fuel for the generation of electricity. See Maine Revised Statutes Title 38 Sec. 1303-C Recycling facility: means a facility engaged exclusively in the recycling of materials. See Maine Revised Statutes Title 38 Sec. 1303-C Regional association: means 2 or more municipalities that have formed a relationship to manage the solid waste generated within the participating municipalities and for which those municipalities are responsible. See Maine Revised Statutes Title 38 Sec. 1303-C Regional school unit: means the state-approved unit of school administration as established pursuant to chapter 103?A. See Maine Revised Statutes Title 20-A Sec. 1 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. remediation: includes but is not limited to installation of landfill leachate collection and treatment systems; vapor extraction systems; ground water collection and treatment; or slurry walls. See Maine Revised Statutes Title 38 Sec. 1310-C Residue: means waste remaining after the handling, processing, incineration or recycling of solid waste including, without limitation, front end waste and ash from incineration facilities. See Maine Revised Statutes Title 38 Sec. 1303-C School administrative district: means a state-approved unit of school administration, composed of one or more municipalities which must provide public education to all public school students in the district. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 School administrative unit: means a school administrative unit as defined by section 1, subsection 26 and a career and technical education region as defined by section 8301-A, subsection 6, except that in section 15907, the reference to "unit" or "school administrative unit" means a unit within a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 15901 School board: means the governing body with statutory powers and duties for a school administrative unit. See Maine Revised Statutes Title 20-A Sec. 1 School board: means a school board as defined in section 1, subsection 28 and the cooperative board of a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 15901 School committee: means the governing body with statutory powers and duties for a municipal school unit. See Maine Revised Statutes Title 20-A Sec. 1 School construction project: means :
A. See Maine Revised Statutes Title 20-A Sec. 15901School union: means a union composed of school administrative units joined for the purpose of providing joint administrative services, including a joint superintendent. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 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 Sludge: means nonhazardous solid, semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or wet process air pollution control facility or any other waste having similar characteristics and effect. See Maine Revised Statutes Title 38 Sec. 1303-C Small scale school construction project: means a project that will not be eligible for state subsidy and is limited to:
A. See Maine Revised Statutes Title 20-A Sec. 15901Solid 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 Solid waste disposal facility: means a solid waste facility for the incineration or landfilling of solid waste or refuse-derived fuel. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste facility: means a waste facility used for the handling of solid waste, except that the following facilities are not included:
A. See Maine Revised Statutes Title 38 Sec. 1303-CSolid waste landfill: means a waste disposal facility for the disposal of solid waste on or in land. See Maine Revised Statutes Title 38 Sec. 1303-C Solid waste landfill: means a waste facility for the permanent disposal of solid waste on or in land. See Maine Revised Statutes Title 38 Sec. 1310-C Solid waste processing facility: includes but is not limited to a facility that employs shredding, baling, mechanical and magnetic separation or composting or other stabilization technique to reduce or otherwise change the nature of solid waste. See Maine Revised Statutes Title 38 Sec. 1303-C Special waste: means any solid waste generated by sources other than domestic and typical commercial establishments that exists in such an unusual quantity or in such a chemical or physical state, or any combination thereof, that may disrupt or impair effective waste management or threaten the public health, human safety or the environment and requires special handling, transportation and disposal procedures. See Maine Revised Statutes Title 38 Sec. 1303-C state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1 State-assigned student identifier: means the unique student identifier assigned by the State to each student, which may not be and may not include the student's social security number in whole or in part. See Maine Revised Statutes Title 20-A Sec. 952 Statute: A law passed by a legislature. Storage: means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes. See Maine Revised Statutes Title 38 Sec. 1303-C Student data: means information that is collected and maintained at the individual student level in this State, including, but not limited to:
A. See Maine Revised Statutes Title 20-A Sec. 952Student personally identifiable information: means student data that, alone or in combination, is linked to a specific student and would allow a reasonable person who does not have knowledge of the relevant circumstances to identify the student. See Maine Revised Statutes Title 20-A Sec. 952 Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the person in a school administrative unit or school union appointed and having the authority and responsibility under this Title and other applicable statutes. See Maine Revised Statutes Title 20-A Sec. 1 Superintendent: means a superintendent as defined by section 1, subsection 39, and the director of a career and technical education region, if that person had been appointed to serve as administrative officer of the region, or the superintendent who has been appointed to serve as ex officio administrative officer. See Maine Revised Statutes Title 20-A Sec. 15901 Support order: means a judgment, decree or order, whether temporary, final or subject to modification, issued by a court or an administrative agency of competent jurisdiction for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, that provides for monetary support, health care, arrearages or reimbursement and may include related costs and fees, interest and penalties, income withholding, attorney's fees and other relief. See Maine Revised Statutes Title 19-A Sec. 2101 Targeted advertising: includes advertising to a student at an online location based upon a single search query without collection and retention of a student's online activities over time. See Maine Revised Statutes Title 20-A Sec. 952 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. 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 Trustee: A person or institution holding and administering property in trust. Union committee: means the governing body with statutory powers and duties for a school union. See Maine Revised Statutes Title 20-A Sec. 1 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Waste facility: means any land area, structure, location, equipment or combination of them, including dumps, used for handling hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Waste generated within the State: means :
A. See Maine Revised Statutes Title 38 Sec. 1303-CWaste management: means purposeful, systematic and unified control of the handling and transportation of hazardous, biomedical or solid waste, waste oil, sludge or septage. See Maine Revised Statutes Title 38 Sec. 1303-C Wood wastes: means brush, stumps, lumber, bark, woodchips, shavings, slabs, edgings, slash and sawdust, which are not mixed with other waste. See Maine Revised Statutes Title 38 Sec. 1303-C Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72