An Act To Amend the Laws Regarding Junkyards, Automobile Graveyards and Automobile Recycling Businesses
Maine Legislature, Session 121, LD 1367
Committee: State and Local Government
Sponsors: HUTTON, TURNER, BUNKER, COWGER, PINEAU, TOBIN, TWOMEY, EDMONDS, SAWYER, STANLEY
Amends: 30-A MRSA §3752, 30-A MRSA §3755, 30-A MRSA §3759

Legislative Document 
No. 1367 
H.P.1002 
House of Representatives, March 18,2003 
An Act To Amend the Laws Regarding Junkyards, Automobile 
Graveyards and Automobile Recycling Businesses 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative HUTTON of Bowdoinham. 
Cosponsored by Senator TURNER of Cumberland and 
-m~ 
/J1.1JJtU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BUNKER of Kossuth Township, COWGER of Hallowell, PINEAU of Jay, 
TOBIN of Windham, TWOMEY of Biddeford, Senators: EDMONDS of Cumberland, 
SAWYER of Penobscot, STANLEY of Penobscot. 
Print~d on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 29·A MRSA §1106.A is enacted to read: 
§1106-A. 
Municipal notification 
The Secretary of State shall provide written notice of all 
license decisions under section 1106 to the code enforcement 
officer or municipal designee of the municipality in which the 
applicant for a recycler license proposed its facilities to be 
located. 
If any proposed location is not within an organized 
municipality, the Secretary of State shall provide written notice 
to the county commissioners for that location. 
Sec. 2. 30·A MRSA §3751, as amended by PL 1993, c. 173, §1, 
is further amended by adding at the end a new paragraph to read: 
Junkyards, 
automobile graveyards and automobile recycling 
businesses pose potential risks to the environment, particularly 
to groundwater and surface water quality if gasoline, oil or 
other fluids are not managed and disposed of properly. 
Proper 
location and operation of these facilities are critical to ensure 
protection 
of 
groundwater 
and 
surface 
water 
quality, 
other 
natural resources and the health and welfare of Maine citizens. 
These 
facilities 
may 
create 
nuisance 
conditions 
potentially 
affecting abutting landowners 
and others if not 
located and 
operated properly. 
For these reasons, it is declared that these 
facilities are appropriately subject to certain environmental and 
operational standards 
and to appropriate municipal 
and state 
regulation. 
Sec. 3. 30·A MRSA §3752, sub·§ 1, as amended by PL 1995, c. 65, 
Pt. A, §130 and affected by §153 and Pt. C, §15, is repealed and 
the following enacted in its place: 
1. 
Automobile graveyard. 
"Automobile graveyard" means 
a 
yard, 
field or other outdoor area used to store 
or more 
unregistered or uninspected motor vehicles, as defined in Title 
29-A, 
section 101, 
subsection 42, 
or parts of the vehicles. 
"Automobile 
graveyard" 
includes 
an 
area 
used 
for 
automobile 
dismantling, salvage and recycling operations. 
A. 
"Automobile graveyard" does not include: 
(1) 
An 
area 
used 
for 
temporary 
storage 
by 
an 
establishment or place of business that is primarily 
engaged in doing auto body repair work to make repairs 
to render a motor vehicle serviceable. 
In order for a 
vehicle I s storage to be considered temporary, it must 
be removed from the site within 180 calendar days of 
receipt: 
(2) 
An 
area used 
to 
store, 
organize, 
restore 
or 
display a motor vehicle or parts of vehicles that are 
collected 
by 
an 
automobile 
hobbyist 
and 
that 
are 
antigue autos, antigue motorcycles, classic vehicles, 
horseless 
carriages, 
reconstructed 
vehicles, 
street 
rods or parts of these vehicles as these vehicles are 
defined in Title 29 A, 
section 101 as 
long as the 
hobbyist's 
activities 
comply 
with 
all 
applicable 
federal 
and state statutes and rules 
and municipal 
ordinances. 
For the purposes of this subparagraph, an 
automobile hobbyist is a person who is not primarily 
engaged in the business of selling any of the above 
vehicle or parts from those vehicles: 
(3) 
An area used for the parking or temporary storage 
of 
vehicles 
or 
eguipment 
by 
a 
municipality, 
guasi-municipal entity or state or federal agency or by 
a dealer, eguipment dealer, trailer dealer or vehicle 
auction business as defined in Title 29 A, section 851; 
Q.!: 
(4) 
An 
area 
used 
for 
the 
temporary 
storage 
of 
operational farm tractors and related farm eguipmenL 
log 
skidders, 
logging 
tractors 
or 
other 
vehicles 
exempted from registration under Title 29-A, chapter 5. 
Sec. 4. 30-A MRSA §3752, sub-§l-A, as enacted by PL 1993, c. 
173, §2, is amended to read: 
I-A. 
Automobile recycling business. 
"Automobile recycling 
business" means the business premises of a 
~el'SeB dealer or a 
recycler licensed under Title 29-A, 
sections 851 to 1112 who 
purchases 
or 
acquires 
salvage 
vehicles 
for 
the 
purpose 
of 
reselling the vehicles or component parts of the vehicles or 
rebuilding or 
repairing salvage vehicles 
for 
the purpose of 
resale 
or 
for 
selling 
the 
basic 
materials 
in 
the 
salvage 
vehicles, !?l'e .. iEle-G-tbat as long as 80% of the business premises 
specified in the site plan in section 3755-A, 
subsection 1, 
paragraph C is used for automobile recycling operations. 
Sec. 5. 30-A MRSA §3752, sub-§4, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 
9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read: 
4. 
Junkyard. 
"Junkyard" 
means 
a 
yard, 
field or other 
outside area used to store, dismantle or otherwise handle: 
A. 
Discarded, 
worn-out 
or 
junked 
plumbing, 
supplies, 
electronic 
or 
industrial 
eguipment, 
appliances aBe ~ furniture; 
B. 
Discarded, scrap and junked lumber; and 
heating 
household 
c. 
Old or scrap copper, brass, rope, rags, batteries, paper 
trash, rubber debris, waste and all scrap iron, steel and 
other scrap ferrous or nonferrous materialt-aBe~ 
Sec. 6. 30·A MRSA §3752, sub·§6, as enacted by PL 1993, c. 
173, §3, is repealed. 
Sec. 7. 30·A MRSA §3754, as amended by PL 1999, c. 761, §5, 
is further amended to read: 
§3754. Hearings 
Municipal officers or county commissioners, as provided for 
in section 3753, shall hold a public hearing before granting a 
permit to 
establishT-~~&&-~--maiR~ai£--aB a 
new automobile 
graveyard, automobile recycling business or junkyard and may hold 
public hearings 
annually 
regarding 
the 
relicensing of 
these 
facilities. 
~A.ey----sHall 
Municipal 
officers 
or 
county 
commissioners shall reguire an applicant to provide proof of 
mailing 
the 
notice 
to 
abutting 
property 
owners 
of 
an 
application. 
Municipal officers or county commissioners shall 
also post a notice of the hearing at least 7 and not more than 14 
days before the hearing in at least 2 public places in the 
municipality or unorganized territory and publish a notice in one 
newspaper 
having general 
circulation in the municipality or 
unorganized 
territory 
in 
which 
the 
automobile 
graveyard, 
automobile recycling business or junkyard is to be located. 
The 
municipal officers or county commissioners shall give written 
notice of the application to 
tA.e--Depa-F-t-men-t;.--e-f--~FaBSFeFtatieB 
establish a 
new 
automobile graveyard or 
automobile recycling 
business 
to 
the 
automobile 
dealer 
licensing section of 
the 
Department of the Secretary of State, Bureau of Motor Vehicles by 
mailing a copy of the application at least 7 and not more than 14 
days 
before 
the 
hearing. 
The 
municipal 
officers or 
county 
commissioners shall give written notice of the application to a 
public water supplier for any automobile graveyard, automobile 
recycling business or junkyard located within its source water 
supply area. 
The notice may be given by mailing a copy of the 
application at least 7 and not more than 14 days before the 
hearing. 
Sec. 8. 30·A MRSA §3754.A is enacted to read: 
§3754 A. 
Limitations on graveyard. automobile 
rec,ycling business and jnpmrd permits 
1. 
HighwAYs: 
Interstate 
~stem and 
Primary 
System. 
A 
permit may not be granted for an automobile graveyard or junkyard 
within 1,000 feet of the right of way of any highway incorporated 
in both the Interstate System and Primary System or within 600 
feet of the right of way of any other highway, except for: 
A. 
Those automobile graveyards or junkyards that are kept 
entirely screened from ordinary view from the highway at all 
times by natural objects, plantings or fences. 
Screening 
required by this paragraph must be: 
(1) 
At 
a 
height, 
density and depth sufficient to 
accomplish complete screening from ordinary view: 
(2) 
Well 
constructed and properly maintained at 
a 
minimum height of 6 feet: 
(3) 
Placed outside of the highway right-of-way: and 
(4) 
Acceptable to the municipal officers or county 
commissioners: and 
B. 
Those automobile graveyards or junkyards located within 
areas that have been zoned for industrial use and located 
more 
than 
feet but less than 
1,000 feet 
from 
the 
right of way 
of 
any 
highway 
incorporated 
in 
both 
the 
Interstate System and Primary System. 
2. 
Limitation on new permits. 
A permit may not be granted 
for an automobile graveyard or junkyard established after October 
3, 1973 and located within 100 feet of any highway. 
3. 
Public facilities. 
A new permit may not be granted for 
an automobile graveyard or junkyard that is: 
A. 
Located within 300 feet of a public facility, including, 
but not limited to, a public park, public playground, public 
bathing beach, school, church or cemetery: and 
B. 
Within 
ordinary 
view 
from 
a 
public facility 
under 
paragraph A. 
4. 
Public and private water supplies. 
A permit may not be 
granted 
for 
an 
automobile 
graveyard, 
junkyard 
or 
automobile 
recycling business that handles junk, scrap metal, vehicles or 
other solid waste within 300 feet of a well that serves as a 
public 
or private water 
supply. 
This 
prohibition does 
not 
include a private well that serves only the automobile graveyar~ 
junkyard, 
automobile 
recycling 
business 
or 
the 
owner's 
or 
operator's abutting residence. 
This prohibition does not apply 
to wells installed after an automobile graveyard, 
junkyard or 
automobile recycling business has already received a permit under 
section 3753. 
Automobile 
graveyards, 
junkyards 
and 
automobile 
recycling 
businesses operating under the terms of permits issued prior to 
the effective date of this subsection and handling junk, scrap 
metaL vehicles or other solid waste within 300 feet of wells 
that serve as public or private water supplies may continue to 
operate in those locations under the terms of those permits. 
Municipal officers or county commissioners may 
renew a permit 
allowing the continued handling of junk, scrap metal, vehicles or 
other solid waste within 300 feet of a well serving as a public 
or private water supply as long as no further encroachment toward 
the well occurs and there is no evidence of contamination of the 
well. 
5. 
Operating 
standards. 
All 
automobile 
graveyards 
and 
junkyards permitted pursuant to section 3753 
are required to 
comply with the following standards: 
A. 
All 
fluids, 
including, 
but 
not 
limited to, 
engine 
lubricant, transmission fluid, brake fluid, battery acid, 
engine coolant, gasoline and oiL must be properly handled 
in such a manner that they do not leak, flow or discharge 
into or onto the ground or into a body of water; 
B. 
A vehicle 
containing fluids 
may 
not 
be 
stored or 
dismantled: 
(1) 
Within 100 feet of any body of water or freshwater 
wetland, 
as 
defined 
by 
Title 
38, 
section 
436-A, 
subsection 5; 
(2) 
Within the 100-year floodplain; or 
(3) 
Over a mapped sand and gravel aquifer; 
C. 
Junk, scrap metaL vehicles or other solid wastes may 
not be placed or deposited, directly or indirectly, into the 
inland waters or tidal waters of the State or on the ice of 
inland waters or tidal waters or on the banks of inland 
waters or tidal waters in such a manner that they may fall 
or be washed into these waters; and 
D. 
Junkyard 
and 
automobile 
graveyard 
owners 
must 
demonstrate at the time of licensing that the facility or 
facilities for which they seek permits are, or are part of, 
a 
viable 
business 
entity 
engaged 
in 
the 
business 
of 
salvaging, recycling, dismantling, processing, repairing or 
rebuilding junk or vehicles for the purpose of sale, trade 
or personal use. 
6. 
Rules. 
A permit, other than a limited-term permit as 
described in this section, 
may not be granted for an automobile 
graveyard 
or 
automobile 
recycling 
business 
that 
is 
not 
in 
compliance 
with all applicable provisions 
of 
the 
automobile 
dealer or recycler licensing provisions of Title 29-A, chapter 
9. 
Municipal 
officers or 
county 
commissioners 
may 
award 
a 
limited-term permit conditioned upon an automobile graveyard's or 
automobile recycling business's demonstrating compliance with the 
provisions of Title 29-A, chapter 9 within 90 calendar days of 
the issuance of the municipal or county limited-term permit. 
7. 
Local ordinances. 
This subchapter may not be construed 
to limit a municipality's home rule authority to enact ordinances 
with 
respect 
to 
automobile 
graveyards, 
automobile 
recycling 
businesses 
and 
junkyards 
that 
the 
municipality 
determines 
reasonable, including, but not limited to, ordinances concerning: 
A. 
Compliance 
with state 
and 
federal 
solid waste 
and 
hazardous waste regulations; 
B. 
Fire and traffic safety; 
C. 
Levels of noise that can be heard outside the premises; 
D. 
Distance from existing residential or institutional uses; 
E. 
The effect on groundwater and surface water, as long as 
municipal ordinances on groundwater are no less stringent 
than or inconsistent with rules adopted by the Department of 
Environmental Protection; and 
F. 
Best management practices for 
automobile graveyards, 
junkyards and automobile recycling businesses developed by 
the Department of Environmental Protection. 
Municipal 
officers 
or 
county 
commissioners 
shall 
consider 
compliance with these local ordinances in deciding whether to 
grant or deny a permit for any automobile graveyard, automobile 
recycling business or junkyard and in attaching conditions of 
approval to a permit. 
8. 
Aeplicability. 
Municipalities 
may 
apply 
local 
ordinances adopted previously under subsection 7 pertaining to 
automobile graveyards and junkyards to an automobile recycling 
business without amending those ordinances to include automobile 
recycling businesses. 
A municipality must provide notice of its 
intent to apply these ordinances at the time an application for 
an automobile recycling business permit is filed. 
9. 
Right of entry. 
Municipal officers or their designees 
may, 
to carry out the 
prov~s~ons of this 
subchapter or 
to 
determine compliance with any laws, ordinances, license or permit 
approvals, decisions or conditions: 
A. 
Enter any automobile graveyard, junkyard or automobile 
recycling business property and inspect all outside areas, 
equipment and activities at reasonable hours for compliance 
with the laws or ordinances set forth in accordance with 
this subchapter; and 
B. 
Enter any building on the property with the consent of 
the owner, occupant or agent to inspect the building and 
activities within the building for compliance with the laws 
or ordinances set forth in accordance with this subchapter. 
A municipal officer's or designee's entry onto property under 
this subsection is not a trespass. 
Sec. 9. 30-A MRSA §3755, as amended by PL 1993, c. 173, §s, 
is repealed. 
Sec. 10. 30·A MRSA §3755-A, sub-§3, "A, Band F, as enacted by 
PL 1993, c. 173, §6, are amended to read: 
A. 
The site of the yard must be enclosed by a visual screen 
at-~-~--~&-~~-aRa-~~~-4~--~~a»~-~~~-Fales 
aaeptea-ay-~~~~~-~--~~~~~&~~-paFSaaR&-te that 
complies with the screening requirements of section 
~199 
3754-A. 
B. 
A vehicle 
with--an--4£~-a-e-t.--e-aqi-:ae---{)-C--meteF containing 
fluids may not be stored within 100 feet of any body of 
water or freshwater wetland, as defined by Title 38, section 
436-A, subsection 5. 
F. 
-A-
Except as provided in subsection 3754-A, subsection 
~ 
vehicle may not be dismantled or stored within 199 300 
feet of a well that serves as 
a public or private water 
supply, 
excluding 
a 
private well 
that 
serves 
only 
the 
automobile recycling business or the owner or operator's 
abutting residence. 
Sec. 11. 30·A MRSA §3756, as amended by PL 1993, c. 173, §7, 
is further amended to read: 
§3756. Permit fees 
The 
municipal 
officers 
or 
county 
collect, in advance from the applicant for 
accordance with the following schedule: 
commissioners 
shall 
a permit, a fee in 
1. 
Graveyard or junkyard. 
Fifty dollars for each l"eHflit; 
application for an automobile graveyard or junkyard ±eeat;ee-meFe 
t;Raa--~-feet;--~~-aRy-~~awcrYr-~~--~ae-~--e€-~~~-aaa 
l"~e±i6Ria~-t;Re-aet;iee-~aaeF-6eet;iea-~194; 
~T--G£a¥eya£~~--junkyar~~~~-~-~~-fFem-hiqhwaYT--~we 
R~aaFea-~~~~-~F-€a£~-~~~~-fe£-~-a~t;emeeile-~~~-eF 
j~a*yaFa-~e€a~e6-~~~~-~-~~-€Fem-aRy-~~-~~-~ae-ee6t; 
e€-l"e6t;ia~-aaa-l"~e±i6Ria~-t;Re-aet;iee-~aaeF-6eet;iea-~194f-aaa 
3. 
Recycling business. 
Two hundred fifty dollars for 
a 
5-year permit for an automobile recycling business plus the cost 
of posting and publishing the notice under section 3754TL-Q£ 
4. 
Fee. 
A 
fee 
as 
otherwise 
established 
by 
municipal 
ordinance or rule. 
Sec. 12. 30·A MRSA §3758, as amended by PL 1993, c. 173, §8, 
is repealed. 
Sec. 13. 30·A MRSA §3758·A is enacted to read: 
§3758-A. Violations 
1. 
Enforcement. 
All 
state, 
county 
and 
local 
law 
enforcement 
officers 
shall 
enforce 
the 
provisions 
of 
this 
subchapter. 
2. 
Municipal 
authority. 
Municipal 
officers 
or 
their 
designees may enforce the provisions of this subchapter pursuant 
to: 
A. 
The enforcement of land use laws and ordinances under 
section 4452; 
B. 
The litter control provisions of Title 17, chapter 80; or 
C. 
The 
abatement 
of 
nuisance 
provisions 
of Title 
17, 
chapter 91. 
3. 
Penalties. 
Violations of this subchapter are subject to 
the penalty provisions of section 4452; Title 17, sections 2264-A 
and 2264-B; or Title 17, chapter 91. 
Each day that the violation 
continues constitutes a separate offense. 
4. 
Abatement. 
If the municipality is the prevailing party 
in an action taken pursuant to the provisions of this Title or 
Title 17 as outlined in subsection 2 and the violator does not 
complete any ordered correction or abatement in accordance wi th 
the ordered schedule, the municipal officers or designated agent 
may 
enter 
the property 
and 
may 
act to 
abate 
the site in 
compliance with the order. 
To 
recover any actual and direct 
expenses incurred by the municipality in the abatement of the 
nuisance, the municipality may; 
A. 
File a civil action against the owner to recover the 
cost of abatement, including the expense of court costs and 
reasonable attorney's fees necessary to file and conduct the 
action; 
B. 
File 
a 
lien 
on 
real 
estate 
where 
the 
junkyard, 
automobile graveyard or automobile recycling business is 
located; or 
C. 
Assess a special tax on real estate where the junkyard, 
automobile graveyard or automobile recycling business is 
located. 
This amount must be included in the next annual 
warrant 
to 
the 
tax 
collector of 
the municipality, 
for 
collection in the same manner as other state, county and 
municipal taxes are collected. 
Interest as determined by 
the municipality pursuant to Title 36, section 505 in the 
year in which the special tax is assessed accrues on all 
unpaid balances of the special tax beginning on the 60th day 
after the day of 
commitment of the special tax to the 
collector. 
The interest must be added to and becomes a part 
of the tax. 
5. 
Revocation or suspension of permit. 
Violation of any 
condition, restriction or limitation inserted in a permit by the 
municipal 
officers 
or 
county 
commissioners 
is 
cause 
for 
revocation or suspension of the permit by the same authority that 
issued the permit. 
A permit may not be revoked or suspended 
without a hearing and notice to the owner or the operator of the 
automobile graveyard, automobile recycling business or junkyard. 
Notice of hearing must be sent to the owner or operator by 
registered mail at least 7 but not more than 14 days before the 
hearing. 
The notice must state the time and the place of hearing 
and contain a statement describing the alleged violation of any 
conditions, restrictions or limitations inserted in the permit. 
6. 
Removal 
of 
all materials 
after 
permit 
denial 
or 
revocation. 
The 
owner or operator of a 
junkyard, 
automobile 
graveyard or automobile recycling business for which a permit has 
been denied or revoked shall, not later than 90 days after all 
appeals have been denied, begin the removal of all vehicles, 
vehicle parts and materials associated with the operation of that 
junkyard, automobile graveyard or automobile recycling business. 
The property must be free of all scrapped or junked vehicles and 
materials not later than 180 days after denial of all appeals. 
An alternative schedule for removal of junk or vehicles may be 
employed if specifically approved by the municipal officers or 
county commissioners. 
Sec. 14. 30-A MRSA §3759, as enacted by PL 1987, c. 737, Pt. 
A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 9, §2 and 
c. 104, Pt. C, §§8 and 10, is repealed. 
Sec. 15. 30-A MRS A §3760, sub-§I, as enacted by PL 1987, c. 
737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6, c. 
9, §2 and c. 104, Pt. C, §§8 and 10, is further amended to read: 
1. 
Acquisition 
of 
land. 
If 
the 
Department 
of 
Transportation 
determines 
that 
the 
topography 
of 
the 
land 
adjacent 
to 
any 
portion 
of 
a 
highway 
incorporated 
in 
the 
Interstate or 
Primary 
Systems 
w~±± does 
not permit adequate 
6 
screeningT--a&--~,*i-H!-d--iTl--~\:-iG-a-s--J1.al--t.-o-- 6+eGT under section 
3754-A, subsection 1 or that adequate screening wea±6 is not -ae-
economically 
feasible, 
it may 
acquire 
by gift, 
purchase 
or 
condemnation any interests in property that are necessary to 
secure the relocation, 
removal or disposal of the automobile 
graveyards or junkyards. 
SUMMARY 
This bill amends the State's junkyard statutes in several 
ways for the purpose of improving the ability of municipalities 
to 
appropriately .... 
license 
junkyards, 
automobile 
recycling 
businesses and automobile grav~yards. 
~ 
The bill changes the standard that defines an automobile 
graveyard from 3 or more "unserviceable" motor vehicles to 3 or 
more 
uninspected or unregistered motor vehicles 
and provides 
exemptions from regulation for automobile hobbyists, areas used 
for temporary storage and areas used for temporary storage of 
operational farm tractors. 
The bill also establishes basic operational standards for 
all 
junkyards, 
automobile graveyards 
and automobile 
recycling 
businesses to provide minimal environmental protection. 
The bill 
creates a lOO-foot setback from bodies of water for the placement 
of junked automobiles that contain fluids and increases from 100 
feet to 300 feet the setback of newly licensed facilities from 
public or private drinking water supplies. 
The bill also establishes a process 
the 
public hearing held prior 
to 
the 
junkyard's, 
automobile 
graveyard's 
or 
business's first license and incorporates 
and screening standards previously located 
Transportation regulations. 
to notify abutters of 
issuance 
of 
any 
new 
automobile 
recycling 
into statute fencing 
in the Department of 
The bill also clarifies the ability of municipalities to 
enforce the provisions of the State's junkyard law and effect the 
abatement of 
junkyard nuisances. 
The bill specifies that 
a 
municipality has 
available methods to recover the costs of 
prosecuting a junkyard violation: a civil action, a lien on the 
real estate or a special tax assessment as municipalities are 
currently authorized to recover the costs of abating a failed 
septic system. 
Page ll-LR1388(1)