06-096 C.M.R. ch. 400, § 6 - Recycling

Except as provided below, in order to receive a license for a new or expanded solid waste disposal facility a person must receive a determination by the Department that the volume of the waste and the risks related to its handling and disposal have been reduced to the maximum practical extent by recycling and source reduction prior to being landfilled or incinerated.

A. Applicability. This section applies to the licensing of any new or expanded solid waste disposal facility, except for the following:

(1) To the extent that solid waste disposal contracts in effect on June 29, 1987 are inconsistent with the provisions of 38 M. R. S. A. §1310- N(5-A)(A), those provisions apply at the expiration of the term of those contracts without consideration of any renewals or extensions of those contracts; or

(2) An expansion of a commercial solid waste disposal facility that accepts only special waste for landfilling is exempt from the requirements of this section.

B. Requirements. The recycling and source reduction requirements of this section are satisfied when an applicant demonstrates that all of the following requirements have been satisfied.

(1) Consistent with state recycling programs . The proposed solid waste disposal facility will only accept solid waste that is subject to recycling and source reduction programs, voluntary or otherwise, at least as effective as those imposed by provisions of state law; and

(2) State Plan . Except for solid waste disposal facilities established prior to October 3, 1973, an applicant shall demonstrate compliance with the recycling provisions of the State Plan.

Notes

06-096 C.M.R. ch. 400, § 6