An Act To Amend the Law on Junkyards, Automobile Graveyards and Automobile Recycling Businesses
Maine Legislature, Session 122, LD 1268
Committee: Natural Resources
Sponsors: COWGER, TWOMEY
Amends: 30-A MRSA §3752, 30-A MRSA §3754-A, 30-A MRSA §37

Legislative Document 
No. 1268 
S.P.448 
In Senate, March 15, 2005 
An Act To Amend the Law on Junkyards, Automobile Graveyards 
and Automobile Recycling Businesses 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative: TWOMEY of Biddeford. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 30-A MRSA §3752, sub-§I, ,A, as repealed and replaced 
by PL 2003, c. 312, §3, is amended to read: 
A. 
"Automobile graveyard" does not include: 
(1) 
An area used for temporary storage of vehicles or 
vehicle parts by an establishment or place of business 
that is primarily engaged in doing vehicle repair work 
to make repairs to render a motor vehicle serviceable. 
In order 
for 
a 
vehicle's 
storage 
to 
be 
considered 
temporary, it must be removed from the site within 180 
calendar days of its receipt; 
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(3) 
An 
area 
used 
for 
the 
parking 
or 
storage 
of 
vehicles, vehicle parts or equipment intended for use 
by a municipality, quasi-municipal entity or state or 
federal agency; 
(4) 
An area used for the storage of operational farm 
tractors 
and 
related 
farm 
equipment, 
log 
skidders, 
logging 
tractors 
or 
other 
vehicles 
exempted 
from 
registration under Title 29-A, chapter 5; 
( 5) 
An 
area 
used 
for 
the 
parking 
or 
storage 
of 
vehicles 
or 
equipment 
being offered for 
sale 
by 
a 
dealer, 
equipment dealer, 
trailer dealer 
or vehicle 
auction business as defined in Title 2Cl-A, section 851; 
(6) 
An area used for the storage of vehicles by an 
establishment or place of business that is primarily 
engaged in business as a new vehicle dealer as defined 
in Title 29-A, section 851; 
Page l-LR0381(1) 
(7) 
An area used for temporary storage of vehicles by 
an establishment or place of business that is primarily 
engaged in business as an insurance salvage pool. 
In 
order 
for 
a 
vehicle's 
storage 
to 
be 
considered 
temporary under this subparagraph, the vehicle must be 
removed from the site within 180 days of receipt of 
title by the business; or 
(8) 
An 
area 
used 
for 
the 
parking or 
storage 
of 
operational 
commercial 
motor 
vehicles, 
special 
equipment or special mobile equipment as defined in 
Title 29-A, 
section 101 that is temporarily out of 
service but is expected to be used by the vehicle or 
equipment owner or by an operator designated by the 
owner. 
This subsection does not exempt an area used 
for the parking or storage of equipment or vehicles 
that are not operational while stored or parked in the 
area. 
Sec. 2. 30-A MRS A §."54, as amended by PL 2003, c. 312, §8, 
is further amended to read: 
§3154. Hearings 
Municipal officers or county commissioners, as provided for 
in section 3753, shall hold a public hearing before granting 
C\ 
permit 
to 
establish 
a 
new 
automobile 
graveyard, 
automobile 
recycling business 
or 
junkyard and 
may 
hold public hearings 
annually 
regarding 
the 
relicensing 
of 
these 
facilities. 
Municipal 
officers 
or 
county 
commissioners 
shall 
require 
an 
applicant 
to 
provide 
proof 
of 
mailing 
the 
notice 
of 
the 
application to 
~-1. abutting property owners e;l;--an--appHeaden. 
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 or electronic notice of 
the 
application 
to 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-
l~ days before the hearing. 
The municipal 
officers or county commissioners shall give written notice of the 
application to a tng public water supplier if the applicati~n __ i~ 
for any ~ automobile graveyard, automobile recycling business or 
junkyard located within its .tile supplier's source water supply 
area. 
The 
application 
hearing. 
notice 
may 
be 
given 
by 
at least 7 
and not more 
mailing 
than 14 
a 
copy 
of 
days before 
the 
the 
Sec. 3. 30-A MRSA §3754-A, sub-§4. as enacted by PL 2003, c. 
312, §9, is amended to read: 
4. 
Public and private water supplies. 
A permit may not be 
granted 
for 
an 
automobile 
graveyard, 
junkyard 
or 
automobile 
recycling business that handles junk, 
SCI"ap 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 graveyard, 
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 h'3.ndling 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 
penni t 
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 aRQ-~Re~e-~~-~~~H~~~~-~R&~~iR~&~&-e~-~Re 
we;!,;!,. 
The municipal officers or county commissioners may not 
renew a permit if there is substantial. credible evidence that 
the permitted activities have caused contamination of the well. 
Sec. 4. 30-A MRSA §37~4-A, sub-§5, 10, as enacted by PL 2003, 
c. 312, §9, is amended to read: 
D. 
Junkyard 
and 
automobile 
graveyard 
owners 
must 
demonstrate at the time of licensing that the faciU ty or 
facilities for which they seek permits are. or are part of. 
a viable business entity .aJ~e facility or 
faciliti~s--..a_I,:~ 
actively engaged in the business of salvaging. recycling. 
dismantling, 
processing. 
repa1r1ng or 
rebuilding 
junk or 
vehicles for the purpose of saler ~ trade e~-pe~seRa±-~se. 
Sec. 5. 30-A MRSA §3754-A, sub-§lO is enacted to read: 
10. 
Standar~I-~it. The 
~mmissioners may issue 
a 
permit 
automobile 
recycling business or 
municipal officers or coMnty 
to an 
automobil~raveyar~ 
junkyard if that 
automobile 
graveyard, 
aJ!t.Q[!lJL~ile_r~cyclin9:.-.J;!JJ.sj .. _illt~S or junkyard meets the 
operating standards set forth in subsection 5. 
Sec. 6. 30-A MRSA §3754-A. as amended by PL 2003, c. 312, 
§12, is further amended by adding a new last paragraph to read: 
f'.QL-l2JJX-POS~!L~~.eY.Q.cj~.t,LQn or 
suspension 
of 
a 
permi,t. 
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.... h...,e<-..Js",-,t....,anQ...a.uls 
set forth in this section is a condition of a permit. 
Sec. 7. 30·A MRSA §3756. sub·~l, as amended by PL 2003, c. 
312, §12, is further amended to read: 
1. 
Graveyard 
or 
junkyard. 
Fifty 
dollars 
for 
each 
application for an automobile graveyard or junkyard plus the cost 
of posting and publishing the notice under section 3754: 
Sec. 8. 30·A MRSA §3758-A, sub-§5, as enacted by PL 2003, c. 
312, §14, is amended to read: 
5. 
Revocation or suspension of permit. 
Violation of any 
condition, I'estriction 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 descr ibing the alleged violation of any 
conditions, restrictions or limitations inserted in the permit. 
The 
municipal 
Q'uiGers or 
couIltL-.c_orom!.s.sioners 
shall 
p.I.Q.yi,qe 
written or 
el.~trQ1l.i~Qtice of the hearing to the au.t..oIll.Qbile 
Qe.aler licensing section of the Department of the Secretary of 
State, 
Bureau of Motor Vehicles at least 
days before the 
Maring. 
SUMMARY 
This 
bill 
clarifies 
municipally 
administered 
junkyard, 
automobile graveyard and automobile recycling business 
law under 
the Maine Revised Statutes, Title 30-A, chapt?r 183, subchapter 1 
in follow-up to the comprehensive changes enact8d by Public Law 
2003, chapter 312.