Maine Revised Statutes > Title 8 > Chapter 31 > Subchapter 6 – Miscellaneous
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Terms Used In Maine Revised Statutes > Title 8 > Chapter 31 > Subchapter 6 - Miscellaneous
- Allegation: something that someone says happened.
- 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.
- 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.
- 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
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- 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 the Gambling Control Board established under section 1002. See Maine Revised Statutes Title 8 Sec. 1001
- 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
- Bypass: means any solid waste that is destined for disposal, processing or beneficial use at an operating solid waste facility but that cannot be disposed of, processed or beneficially used at that facility because of the facility's temporary malfunction, temporary insufficient capacity, temporary inability to process or burn or temporary downtime. See Maine Revised Statutes Title 38 Sec. 1303-C
- 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
- Class I liquid: means any liquid having a flash point below 100° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 1303-C
- Class II liquid: means any liquid having a flash point at or above 100° Fahrenheit and below 140° Fahrenheit. See Maine Revised Statutes Title 38 Sec. 1303-C
- Closing reserve fund: means a fund created for the purpose of financing the closing and maintenance after closing of a waste facility. See Maine Revised Statutes Title 38 Sec. 1303-C
- Commercial hazardous waste facility: means :
A. See Maine Revised Statutes Title 38 Sec. 1303-CCommercial 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 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Construction and demolition debris: means debris resulting from construction, remodeling, repair, and demolition of structures. See Maine Revised Statutes Title 38 Sec. 1303-C Contingency reserve fund: means a fund maintained for the purpose of meeting unexpected contingencies in the operation of a waste facility. See Maine Revised Statutes Title 38 Sec. 1303-C Contract: A legal written agreement that becomes binding when signed. Control: means the power to exercise authority over or direct the management or policies of a person. See Maine Revised Statutes Title 8 Sec. 1001 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 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. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. 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 Public Safety. See Maine Revised Statutes Title 8 Sec. 1001 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 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Gambling facility: means a race track, off-track betting facility, high-stakes beano or beano facility, game of chance facility, slot machine facility or casino. See Maine Revised Statutes Title 8 Sec. 1001 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 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. 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 Hazardous waste: means a waste substance or material, in any physical state, designated as hazardous by the board under section 1319?O. See Maine Revised Statutes Title 38 Sec. 1303-C Hazardous waste incinerator: means an enclosed device using controlled flame combustion to thermally break down hazardous waste. 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 integrated industrial processes: means manufacturing processes, equipment or components, including, but not limited to, energy generating facilities, that when used in combination produce one or more manufactured products for sale; or [PL 2011, c. See Maine Revised Statutes Title 38 Sec. 1303-C 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. 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 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 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 a person granted a license under this chapter. See Maine Revised Statutes Title 8 Sec. 1001 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 Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manifest: means the form used for identifying the quantity, composition and the origin, routing and destination of hazardous waste during its transport. See Maine Revised Statutes Title 38 Sec. 1303-C Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. 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 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 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC 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 operating solid waste facility: means a licensed solid waste facility that is fully operational at the time that the malfunction, insufficient capacity, inability to process or burn or downtime begins and that intends to resume full operation at the time that the malfunction, insufficient capacity, inability to process or burn or downtime ends. See Maine Revised Statutes Title 38 Sec. 1303-C Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. 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 Person: means an individual or a business organization. See Maine Revised Statutes Title 8 Sec. 1001 Personal property: All property that is not real property. Probable cause: A reasonable ground for belief that the offender violated a specific law. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recyclable: means possessing physical and economic characteristics that allow a material to be recycled. See Maine Revised Statutes Title 38 Sec. 1303-C 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 Refuse-derived fuel: means municipal solid waste which has been processed prior to combustion to increase the heat input value of the waste. 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 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 resource recovery: means the recovery of materials or substances that still have useful physical or chemical properties after serving a specific purpose and can be reused or recycled for the same or other purposes. See Maine Revised Statutes Title 38 Sec. 1303-C responsible party: means any or all of the following persons:
A. See Maine Revised Statutes Title 38 Sec. 1303-CSeptage: means waste, refuse, effluent, sludge and any other materials from septic tanks, cesspools or any other similar facilities. See Maine Revised Statutes Title 38 Sec. 1303-C Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. single entity: means an individual, partnership, corporation or limited liability corporation that is not engaged primarily in the business of treating or disposing of solid waste or special waste. See Maine Revised Statutes Title 38 Sec. 1303-C 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 Slot machine: means any mechanical, electrical or electronic device, contrivance or machine or other device, contrivance or machine that is available to play upon insertion of money or a token, credit or similar object or thing of value, the play of which by the element of chance may deliver or entitle the person playing the device, contrivance or machine to receive cash, tokens or credits to be exchanged for cash, merchandise or anything of value, whether the payoff is made automatically from the device, contrivance or machine or in any other manner, and includes progressive electronic gaming devices with a payoff that increases as the electronic gaming device is played. See Maine Revised Statutes Title 8 Sec. 1001 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 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 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 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 Source separation: means the preparation of materials for recycling by separation from wastes at the point of generation. 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 waste management and recycling plan: means the plan adopted by the former Maine Waste Management Agency pursuant to chapter 24, subchapter 2, subsequent plans developed by the former State Planning Office pursuant to Title 5, former section 3305, subsection 1, paragraph N and the department pursuant to section 2122 and may also be referred to as "state plan. See Maine Revised Statutes Title 38 Sec. 1303-C 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 Substantially expand: means the expansion of an existing licensed hazardous waste facility by more than 25%, as measured by volume of waste or affected land area, from the date of its initial licensed operation. See Maine Revised Statutes Title 38 Sec. 1303-C Summons: Another word for subpoena used by the criminal justice system. 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 Table game: means a card game, dice game or other game of chance, including, but not limited to, blackjack, poker, dice, craps, roulette, baccarat, money wheels, wheel of fortune or an electronic table game located in a casino. See Maine Revised Statutes Title 8 Sec. 1001 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transport: means the movement of hazardous or solid waste, waste oil, sludge or septage from the point of generation to any intermediate points and finally to the point of ultimate disposition. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. Uncontrolled tire stockpile: means an area or location, whether or not licensed, where used motor vehicle tires are or were handled, stored or disposed of in such a manner as to present a significant fire hazard or a threat to public health or to the quality of a classified body of surface water or a significant sand and gravel aquifer or fractured bedrock aquifer as defined in section 1310?N, subsection 2?A. See Maine Revised Statutes Title 38 Sec. 1303-C Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Used oil: means waste oil, as defined in subsection 42. See Maine Revised Statutes Title 38 Sec. 1303-C Used oil collection center: means a site or facility where used oil is accepted from the public and collected or stored in an aboveground tank for recycling. See Maine Revised Statutes Title 38 Sec. 1303-C 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 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 Waste reduction: means an action that reduces waste at the point of generation and may also be referred to as "source reduction. See Maine Revised Statutes Title 38 Sec. 1303-C Waste resulting from agricultural activities: means wastes that result from agricultural activities as defined in section 361?A, subsection 1?B and that are returned to the soils as fertilizers and includes waste pesticides when generated by a farmer in the farmer's own use, as long as the farmer triple rinses each emptied pesticide container in accordance with departmental rules and disposes of the pesticide residues in a manner consistent with the disposal instructions on the pesticide label. 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 Yard wastes: means grass clippings, leaves and other vegetal matter other than wood wastes and land clearing debris. 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