38 §2154. Site selection - Maine Statutes

Title 38: WATERS AND NAVIGATION

Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING HEADING: PL 1995, C. 465, PT. A, §26 (RPR

Subchapter 4: FACILITY SITING AND DEVELOPMENT HEADING: PL 1995, C. 465, PT. A, §58 (RPR)

§2154. Site selection

1. Initial site screening. The Facility Siting Board shall conduct a site screening and selection process to identify solid waste disposal capacity sufficient to meet the projected needs identified in the state planning process under section 2123-A, subsection 4. The Facility Siting Board shall consider the need for geographic distribution of facilities to adequately serve all regions of the State. The Facility Siting Board also shall consider in its site selection process the need for landfill capacity to dispose of incinerator ash resulting from the combustion of domestic and commercial solid waste generated within its jurisdiction. Prior to recommending a site, the Facility Siting Board shall hold a public hearing in every municipality or plantation identified in the screening process as a potential site. For potential sites within an unincorporated township, the Facility Siting Board shall hold a public hearing within the vicinity of the proposed site. Prior to submitting a recommended site to the department for review, the Facility Siting Board must find that the recommended site meets the standards adopted under section 2153.

[ 1995, c. 465, Pt. A, §63 (AMD); 1995, c. 465, Pt. C, §2 (AFF) .]

2. Siting; general. Subsequent to the siting process under subsection 1, the Facility Siting Board shall identify additional sites as requested by the office and as capacity needs are identified in the state plan. The Facility Siting Board shall employ the same criteria and considerations employed under subsection 1. The Facility Siting Board shall hold a public hearing in each municipality within which the office may recommend the location of any solid waste disposal or refuse-derived fuel processing facility.

[ 1995, c. 656, Pt. A, §44 (AMD) .]

3. Municipal reimbursement. At the conclusion of proceedings before the Facility Siting Board conducted pursuant to subsection 1, the office shall reimburse a municipality for eligible expenses incurred as a result of that municipality's direct, substantive participation in proceedings before the Facility Siting Board. The amount reimbursed under this subsection may not exceed $50,000 for any municipality. For the purposes of this subsection, "eligible expenses" has the same meaning as "expenses eligible for reimbursement" under section 1310-S, subsection 4, and any rules adopted by the Board of Environmental Protection pursuant to that section.

[ 1995, c. 656, Pt. A, §45 (AMD) .]

SECTION HISTORY

1989, c. 585, §A7 (NEW). 1991, c. 243, §1 (AMD). 1991, c. 794, §§3,4 (AMD). 1991, c. 794, §9 (AFF). 1995, c. 465, §A63 (AMD). 1995, c. 465, §C2 (AFF). 1995, c. 656, §§A44,45 (AMD).