A. All Redemption
Centers within the State of Maine shall be licensed with the Department prior
to beginning operation. Applicants for approval of a Redemption Center shall
file an application and a $50.00 license fee with the Department annually.
Redemption centers shall allow the Department to conduct a facility in spection
and meet all applicable requirements prior to licensure.
B. Applicants shall utilize forms provided by
the Department and shall supply the information requested thereon.
C. The Commissioner may approve an
application for a Redemption Center if the Commissioner finds that the facility
will provide a convenient service for the return of empty beverage containers,
has agreements with local Retailers (Dealers), and meets all other licensing
requirements enumerated in this chapter and
38 M.R.S.
§3109. In making this determination with
respect to an existing Redemption Center, the Commissioner may consider its
compliance with the requirements of this chapter and the quality of the service
provided.
D. After a license has
been issued to a Redemption Center, the owner shall apply to the Department for
approval of any additional Dealers obtained after the then-current annual
license has been issued. The Department's decision as to whether such Dealers
may be Member Dealers must be made according to the criteria set forth in
Subsection C above.
E. All licenses
are subject to suspension or non-renewal for good cause shown, including but
not limited to unsafe practices, falsification of reports, or serious or
continued violation of this chapter.
Note: Along with the right to file an appeal in
accordance with the Maine Administrative Procedure Act,
38 M.R.S.
§344(2-A) provides for
appeal of a Department licensing decision to the Board of Environmental
Protection: "Any person aggrieved by a final license or permit decision of the
Commissioner may appeal that decision to the board. The filing of an appeal
with the board is not a prerequisite for the filing of a judicial
appeal."
F. The
Commissioner may approve only one application for a Redemption Center license
in a municipality with a population of 5,000 or less.
G. Any operating Redemption Center destroyed
as a result of a catastrophic event, such as a fire, flood or other natural
disaster, may rebuild and obtain a license to operate a Redemption Center on
the same property or open a Redemption Center in an already existing structure
within the same municipality as the original Redemption Center. The replacement
Redemption Center need not comply with
38 M.R.S.
§3113(3), as long as it
is in operation within six (6) months of the catastrophic event.
H. Agreements to serve Dealers must be in
writing and must state the name and address of the Dealer to be served and the
distance from the Dealer to the Redemption Center. The agreements must be
signed by both parties. For purposes of compliance with Subsection 3(C) of this
chapter, only Dealers with a permanent presence in a "brick and mortar" retail
Food Establishment (as defined in
22 M.R.S.
§2152(7-A)) or Eating
Establishment (as defined in
22
M.R.S. §2491(7)) will
be considered for an approved agreement.
