reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2152-A. State-owned solid waste disposal facilities; purpose, management and operation; disposal of municipal solid waste

§2152-A. State-owned solid waste disposal facilities; purpose, management and operation; disposal of municipal solid waste
1.  Purpose of State-owned solid waste disposal facilities.
The Legislature finds that the purpose of State-owned solid waste disposal facilities is to ensure that adequate disposal capacity is available for the disposal of solid waste generated within the State through the development of new disposal capacity for anticipated state disposal capacity needs and the operation of existing facilities to address current state disposal capacity needs.
[PL 2019, c. 291, Pt. A, §2 (NEW).]
2.  Consistency with solid waste management hierarchy.
The Legislature intends that all aspects of the management and operation of State-owned solid waste disposal facilities be conducted in a manner that maximizes alignment with the solid waste management hierarchy under section 2101.
The bureau, the operators of State-owned solid waste disposal facilities and the department shall ensure that the acceptance of waste at State-owned solid waste disposal facilities is consistent with the hierarchy and that options for the management of such waste that represent a higher priority on the hierarchy are not otherwise reasonably available.
[PL 2019, c. 291, Pt. A, §2 (NEW).]
3.  Disposal of municipal solid waste at State-owned solid waste disposal facilities; department authorization criteria; department limitation of disposal.
The Legislature intends that the State prioritize the disposal at State-owned solid waste disposal facilities of special wastes for which there are limited disposal options in the State and minimize the disposal at State-owned solid waste disposal facilities of non-bypass, unprocessed municipal solid waste. In accordance with this intent and with the provisions of this chapter and chapter 13, the department may:
A. Authorize the land disposal of non-bypass, unprocessed municipal solid waste at a State-owned solid waste disposal facility only when:
(1) A specific need for the disposal has been identified by the bureau and the operator of the facility;
(2) The disposal is consistent with the solid waste management hierarchy under section 2101, as determined by the department; and
(3) Options for the management of the waste that represent a higher priority on the hierarchy are not otherwise reasonably available, as determined by the department; and   [PL 2019, c. 291, Pt. A, §2 (NEW).]
B. Limit the volume of municipal solid waste disposed of at a State-owned solid waste disposal facility and the duration of such disposal through the imposition of such limitations under the facility's license.   [PL 2019, c. 291, Pt. A, §2 (NEW).]
[PL 2019, c. 291, Pt. A, §2 (NEW).]
SECTION HISTORY
PL 2019, c. 291, Pt. A, §2 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2153. Siting criteria

§2153. Siting criteria
1.  Siting criteria.
With regard to state-owned facilities, the bureau shall administer rules adopted by the former Maine Waste Management Agency, Office of Siting and Disposal Operations and subsequently administered by the former State Planning Office pursuant to this subsection for siting criteria for solid waste disposal facilities. The bureau may revise rules as necessary based on the following factors.
A. A site may be located anywhere within the State and need not be in proximity to the site of waste generation.   [PL 1991, c. 794, §2 (AMD).]
A-1. Sites for the disposal of special waste may not be located within a 5-mile radius of an existing commercial special waste landfill or a commercial incineration facility.   [PL 1995, c. 465, Pt. A, §62 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
B. To the extent possible, a site must be located in proximity to the transportation systems, including existing or potential railroad systems, that are used to convey waste to the site or to convey residuals and materials to be recycled from the site.   [PL 1991, c. 794, §2 (AMD).]
C. The capacity or size of a site must be consistent with the projected demand as determined in the state plan.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
D. A site and its considered use must be consistent with, and actively support, other waste management objectives, including waste reduction and recycling.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
E. The projected price for site development, construction and operation must be fair and reasonable.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
F. A site must meet preliminary environmental standards developed jointly by the department and the Maine Land Use Planning Commission, including ground water standards, geological standards and standards to protect public drinking water supplies.   [PL 1991, c. 794, §2 (AMD); PL 2011, c. 682, §38 (REV).]
G. Existing uses on adjacent properties, including public or private schools, may not be in significant conflict with or significantly jeopardized by the use of a site.   [PL 1991, c. 794, §2 (AMD).]
[PL 2011, c. 655, Pt. GG, §40 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 794, §2 (AMD). PL 1995, c. 465, §A62 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2011, c. 655, Pt. GG, §40 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2154. Site selection

§2154. Site selection
1.  Initial site screening.
The bureau 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 bureau shall consider the need for geographic distribution of facilities to adequately serve all regions of the State. The bureau 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 bureau 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 bureau shall hold a public hearing within the vicinity of the proposed site. Prior to submitting a recommended site to the department for review, the bureau must find that the recommended site meets the standards adopted under section 2153.
[PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2.  Siting; general.
Subsequent to the siting process under subsection 1, the bureau shall identify additional sites as requested by the department and as capacity needs are identified in the state plan. The bureau shall employ the same criteria and considerations employed under subsection 1. The bureau shall hold a public hearing in each municipality within which the bureau may recommend the location of any solid waste disposal or refuse-derived fuel processing facility.
[PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
3.  Municipal reimbursement.
At the conclusion of proceedings before the bureau conducted pursuant to subsection 1, the bureau shall reimburse a municipality for eligible expenses incurred as a result of that municipality's direct, substantive participation in proceedings before the bureau. 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.
[PL 2011, c. 655, Pt. GG, §41 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 243, §1 (AMD). PL 1991, c. 794, §§3,4 (AMD). PL 1991, c. 794, §9 (AFF). PL 1995, c. 465, §A63 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 656, §§A44,45 (AMD). PL 2011, c. 655, Pt. GG, §41 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2155. Notification

§2155. Notification
The bureau shall notify the municipal officers of any municipality within which a waste disposal facility site is recommended under this subchapter of that recommendation. The bureau shall notify the municipal officers by certified mail within 30 days of making the recommendation. If the proposed site is located within the jurisdiction of the Maine Land Use Planning Commission, the bureau shall notify the Maine Land Use Planning Commission and the county commissioners in lieu of the municipal officers.   [PL 2011, c. 655, Pt. GG, §42 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF); PL 2011, c. 682, §38 (REV).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 2011, c. 655, Pt. GG, §42 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF). PL 2011, c. 682, §38 (REV).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2156. Facility development (REPEALED)

§2156. Facility development
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 243, §2 (AMD). PL 1991, c. 517, §C2 (AMD). PL 1991, c. 794, §5 (AMD). PL 1995, c. 465, §§A64,65 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 588, §5 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2157. Review of proposed waste facilities (REPEALED)

§2157. Review of proposed waste facilities
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1989, c. 869, §C11 (AMD). PL 1989, c. 890, §§A40,B289 (AMD). PL 1991, c. 66, §A41 (AMD). PL 1991, c. 517, §B12 (AMD). PL 1993, c. 732, §B3 (AMD). PL 1995, c. 465, §A66 (RP). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2158. Future commercial solid waste disposal facilities (REPEALED)

§2158. Future commercial solid waste disposal facilities
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1989, c. 890, §§A40,B290 (AMD). PL 1995, c. 465, §A67 (RP). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2159. Real and personal property; right of eminent domain

§2159. Real and personal property; right of eminent domain
The bureau may acquire and hold real and personal property that it considers necessary for its purposes, is granted the right of eminent domain and, for those purposes, may take and hold, either by exercising its right of eminent domain or by purchase, lease or otherwise, for public use, any land, real estate, easements or interest therein, necessary for constructing, establishing, maintaining, operating and the closure of solid waste disposal facilities.   [PL 2011, c. 655, Pt. GG, §44 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §A46 (AMD). PL 2011, c. 655, Pt. GG, §44 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2160. Procedure in exercise of right of eminent domain

§2160. Procedure in exercise of right of eminent domain
The right of eminent domain granted in section 2159 may only be exercised after complying with the following procedures.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
1.  Notice to owner.
The bureau shall provide to the owner or owners of record notice of the following:
A. The determination of the bureau that it proposes to exercise the right of eminent domain;   [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
B. A description and scale map of the land or easement to be taken;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
C. The final amount offered for the land or easement to be taken, based on the fair value as estimated by the bureau; and   [PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
D. Notice of the time and place of the hearing provided in subsection 4.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
Notice may be made by personal service in hand by an officer duly qualified to serve civil process in this State or by certified mail, return receipt requested, to the last known address of the owner or owners. If the owner or owners are not known or can not be notified by personal service or certified mail, notice may be given by publication in the manner provided in subsection 4.
[PL 2011, c. 655, Pt. GG, §45 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2.  Notice to tenant.
Notice shall be given to any tenant in the same manner notice is given to the owner of the property.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
3.  Notice to the affected municipality.
Notice shall be given to the municipality in which the property to be acquired is located in the same manner notice is given to the owner of the property and shall be addressed to the municipal officers.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
4.  Hearing.
The bureau shall hold a public hearing on the advisability of its proposed exercise of the right of eminent domain. Notice of the hearing must be made by publication in a newspaper of general circulation in the area of the taking and published once a week for 2 successive weeks, the last publication to be at least 2 weeks before the time appointed in the hearing. The hearing notice must include:
A. The time and place of the hearing;   [PL 1989, c. 585, Pt. A, §7 (NEW).]
B. A description of the land or easement to be taken; and   [PL 1989, c. 585, Pt. A, §7 (NEW).]
C. The name of the owners, if known.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
[PL 2011, c. 655, Pt. GG, §46 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §A47 (AMD). PL 2011, c. 655, Pt. GG, §§45, 46 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2161. Condemnation proceedings

§2161. Condemnation proceedings
At the time the bureau sends the notice in section 2160, the bureau shall file in the county commissioner's office in which the property to be taken is located and cause to be recorded in the registry of deeds in the county plans of the location of all lands, real estate, easements or interest therein, with an appropriate description and the names of the owners thereof, if known. When for any reason the bureau fails to acquire property that it is authorized to take, which is described in that location, or if the location so recorded is defective and uncertain, it may, at any time, correct and perfect the location and file a new description. In that case, the bureau is liable in damages only for property for which the owner had not previously been paid, to be assessed as of the time of the original taking, and the bureau is not liable for any acts that would have been justified if the original taking had been lawful. No entry may be made on any private lands, except to make surveys, until the expiration of 10 days from the filing, whereupon, possession may be had of all the lands, real estate, easements or interests therein and other property and rights as aforesaid to be taken, but title may not vest in the bureau until payment for the property is made.   [PL 2011, c. 655, Pt. GG, §47 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §A48 (AMD). PL 2011, c. 655, Pt. GG, §47 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2162. Assistance in regional association siting

§2162. Assistance in regional association siting
1.  Technical assistance.
Upon request by a regional association, the bureau may provide technical assistance to that regional association in the establishment of approved waste facilities, including assistance in planning, location, acquisition, development and operation of the site. The regional association shall describe fully the need and justification for the request. The bureau may request information from the regional association necessary to provide assistance.
[PL 2011, c. 655, Pt. GG, §48 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2.  Submission of report recommending construction of state-owned facility.
When the bureau, in consultation with a regional association, finds that disposal capacity is projected to be needed for bulky wastes, construction or demolition waste or land-clearing debris and that the regional association is not able to pursue the siting, establishment and operation of a waste facility, the bureau may submit a report recommending the construction and operation of a state-owned solid waste disposal facility that will fulfill the disposal need to the joint standing committee of the Legislature having jurisdiction over natural resources matters. The report must include a review of disposal options outside of the State; a review of existing efforts to reduce, reuse, recycle, compost and incinerate the affected waste streams and the impact of these efforts on capacity requirements; a thorough economic analysis of the facility's expected costs; and commitments from entities to utilize the facility and projected revenues. The joint standing committee of the Legislature having jurisdiction over natural resources matters may report out legislation authorizing the construction and operation of a state-owned solid waste disposal facility in response to a report submitted pursuant to this subsection.
[PL 2011, c. 655, Pt. GG, §48 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1999, c. 736, §2 (RPR). PL 2011, c. 655, Pt. GG, §48 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2163. Exempt facilities (REPEALED)

§2163. Exempt facilities
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 465, §A68 (RP). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2164. Household and small generator hazardous waste (REPEALED)

§2164. Household and small generator hazardous waste
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 517, §B13 (AMD). PL 1991, c. 808, §1 (AMD). PL 1995, c. 465, §A69 (RP). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 4: FACILITY SITING AND DEVELOPMENT › 38 §2166. Rechargeable consumer products

§2166. Rechargeable consumer products
1.  Nonremoveable battery requirements.
A person may not sell, distribute or offer for sale in this State any product powered by a rechargeable battery primarily used or purchased to be used for personal, family or household purposes unless:
A. The battery may be easily removed by the consumer or is contained in a battery pack that is separate from the product and may be easily removed; and   [PL 1991, c. 808, §2 (NEW).]
B. The product, the battery itself and the package containing the product are all labeled, in a manner that is clearly visible to the consumer, indicating that the battery must be recycled or disposed of properly and that the type of electrode used in the battery is clearly identifiable.   [PL 1991, c. 808, §2 (NEW).]
[PL 1991, c. 808, §2 (NEW).]
2.  Exemption.
[PL 1995, c. 656, Pt. A, §50 (RP).]
3.  Effective date.
Except as otherwise indicated, this section takes effect January 1, 1994.
[PL 1991, c. 808, §2 (NEW).]
4.  Penalty.
A violation of this section is a civil violation for which a forfeiture of not more than $100 per battery sold, distributed or offered for sale may be adjudged. Each day that a violation continues or exists constitutes a separate offense.
[PL 1991, c. 808, §2 (NEW).]
SECTION HISTORY
PL 1991, c. 808, §2 (NEW). PL 1995, c. 656, §A50 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2170. Host community benefits; application limited to facilities owned or operated by the bureau

§2170. Host community benefits; application limited to facilities owned or operated by the bureau
This subchapter applies only to solid waste disposal facilities owned or operated by the bureau. Wherever in this subchapter the term "solid waste disposal facility" or "facility" is used, those terms may be construed only to mean a solid waste disposal facility owned or operated by the bureau.   [PL 2011, c. 655, Pt. GG, §49 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1993, c. 310, §B2 (NEW). PL 1995, c. 656, §A51 (AMD). PL 2011, c. 655, Pt. GG, §49 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2170-A. Host community agreements

§2170-A. Host community agreements
The provisions of this section apply to a solid waste disposal facility owned or operated by the bureau.   [PL 2011, c. 655, Pt. GG, §50 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Issuance of license.
The department may not issue a license for a solid waste disposal facility unless a host community agreement is in place in accordance with this section.
[PL 2007, c. 406, §3 (NEW).]
2.  Agreement required.
A solid waste disposal facility must have in place a host community agreement with all applicable host communities during the development and operation and through closure of that facility. A host community agreement for the purposes of this section must, when applicable, include provisions relating to the impact payments set forth in section 2176.
[PL 2007, c. 406, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 406, §3 (NEW). PL 2011, c. 655, Pt. GG, §50 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2172. Dispute resolution

§2172. Dispute resolution
In the event that the bureau and a host community cannot agree on the terms of a host community agreement pursuant to section 2170‑A, the parties shall submit the dispute for resolution in accordance with this section.   [PL 2011, c. 655, Pt. GG, §52 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Mediation.
The parties shall submit the dispute for mediation. The commissioner shall present to the parties a list of 5 experienced and qualified mediators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the mediator assigned to mediate the dispute. In assembling the list of proposed mediators, the commissioner may consider the panel of mediators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18‑B.
[PL 2007, c. 406, §4 (NEW).]
2.  Arbitration.
If mediation fails to result in an agreement between the parties, the parties shall submit the dispute for arbitration. The commissioner shall present to the parties a list of 5 experienced and qualified arbitrators. Each party may strike 2 names from the list. After each party has been afforded 2 opportunities to strike, either the sole remaining person or the first unchallenged person on the list must be appointed by the commissioner as the arbitrator assigned to determine the dispute. In assembling the list of proposed arbitrators, the commissioner may consider the panels of arbitrators offered by the Office of Court Alternative Dispute Resolution Service created in Title 4, section 18‑B or by the American Arbitration Association or its successor organization.
A. Both the bureau and the host community will be bound by the decision of the arbitrator.   [PL 2011, c. 655, Pt. GG, §53 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
B. Unless otherwise provided for in this subsection, the arbitration must be conducted in accordance with the rules of the American Arbitration Association or its successor organization for the conduct of commercial arbitration proceedings.   [PL 2007, c. 406, §4 (NEW).]
C. Costs associated with the arbitration must be shared equally between the parties.   [PL 2007, c. 406, §4 (NEW).]
D. The arbitrator shall submit the decision to the commissioner.   [PL 2007, c. 406, §4 (NEW).]
E. Either party may appeal the decision of the arbitrator to the Superior Court.   [PL 2007, c. 406, §4 (NEW).]
[PL 2011, c. 655, Pt. GG, §53 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1993, c. 310, §B6 (AMD). PL 1995, c. 656, §A52 (AMD). PL 2007, c. 406, §4 (RPR). PL 2011, c. 655, Pt. GG, §§52, 53 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2173. Municipal jurisdiction over regional association disposal facilities

§2173. Municipal jurisdiction over regional association disposal facilities
A municipality may adopt a local ordinance authorizing the municipal officers to issue a local permit containing the same findings, conclusions and conditions contained in the license issued by the department for a solid waste disposal facility located within the municipality's jurisdiction. The municipal officers may also attach to the permit additional conditions for the operation of the solid waste disposal facility on any issues not specifically addressed in any condition of the department's license. These conditions may not unreasonably restrict the operation of the facility and must be attached to the local permit by the municipal officers within 90 days of issuance of the department's license or within 30 days of a final decision by the department to relicense the facility.   [PL 1993, c. 310, Pt. B, §7 (AMD).]
An enforcement action brought by the municipality to enforce local permit conditions does not preclude the State from bringing an action to enforce the conditions of any license issued by the State or any other provision of law. In addition, the State has a right to intervene in any enforcement action brought by a municipality under this section. A municipality that has adopted local permit conditions described in this section shall employ an inspector certified under section 2174 to enforce permit conditions.   [PL 2011, c. 655, Pt. GG, §54 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1993, c. 310, §B7 (AMD). PL 1995, c. 656, §A53 (AMD). PL 2011, c. 655, Pt. GG, §54 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2175. Property value offset (REPEALED)

§2175. Property value offset
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 794, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2175-A. Property value offset

§2175-A. Property value offset
Owners of property, the value of which has been affected by a solid waste disposal facility, are eligible for reimbursement from the bureau for loss in property value directly attributable to the construction and operation of the facility. The bureau shall adopt rules to establish the formula and procedure for reimbursement, including, without limitation, definition of the impact area, a process for establishing baseline real estate values, a time frame within which the property value offset program will be in effect and an accounting of real estate trends in the area.   [PL 2011, c. 655, Pt. GG, §56 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1991, c. 794, §7 (NEW). RR 1993, c. 1, §137 (COR). PL 1993, c. 310, §B9 (AMD). PL 1995, c. 656, §A55 (AMD). PL 2011, c. 655, Pt. GG, §56 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2175-B. Payment in lieu of taxes

§2175-B. Payment in lieu of taxes
The bureau shall annually pay a municipality an amount in lieu of taxes equal to the amount of property taxes on a solid waste disposal facility owned or operated by the bureau not paid to that municipality during the previous calendar year. In the case of an unorganized territory, the bureau shall annually pay the amount to the State Tax Assessor who shall deposit that amount in the Unorganized Territory Education and Services Fund established in Title 36, chapter 115. If the bureau disagrees with the amount determined to be due in lieu of taxes under this section, it may appeal to the State Board of Property Tax Review as provided in Title 36, section 271.   [PL 2011, c. 655, Pt. GG, §57 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1995, c. 465, §A70 (NEW). PL 1995, c. 465, §C2 (AFF). PL 2011, c. 655, Pt. GG, §57 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2176. Impact payments

§2176. Impact payments
In addition to payment in lieu of taxes provided in section 2175‑B, the bureau shall make impact payments to a municipality in which a solid waste disposal facility is located or, in the case of an unorganized territory, to the State Tax Assessor upon request by the community involved or by the State Tax Assessor. The bureau shall base its impact payments on measurable criteria including, without limitation:   [PL 2011, c. 655, Pt. GG, §58 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Roads.
Improvement, maintenance and repair of local roads directly affected by traffic to and from the facility;
[PL 1993, c. 310, Pt. B, §11 (AMD).]
2.  Emergency response.
Development and maintenance of adequate local emergency response capacity;
[PL 2007, c. 406, §5 (AMD).]
3.  Monitoring.
Financial support for on-site, municipally employed personnel or for other means determined necessary to enable the municipality to monitor the facility's compliance with state and local requirements; and
[PL 2007, c. 406, §6 (AMD).]
4.  Other issues.
Other issues determined on a case-specific basis by the applicant and bureau to be appropriate given the nature of the proposed facility.
[PL 2011, c. 655, Pt. GG, §59 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1993, c. 310, §§B10,11 (AMD). PL 1995, c. 465, §A71 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 656, §A56 (AMD). PL 2007, c. 406, §§5-7 (AMD). PL 2011, c. 655, Pt. GG, §§ 58, 59 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 5: HOST COMMUNITY COMPENSATION AND FACILITY OVERSIGHT › 38 §2177. Water supply monitoring and protection

§2177. Water supply monitoring and protection
Upon written request from persons owning land contiguous to a solid waste disposal facility, the bureau shall have quarterly sampling and analysis conducted of private water supplies used by the requestors for drinking water. The sampling and analysis must be conducted in a manner specified by and that meets criteria developed by the department.   [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
If a facility adversely affects a public or private water supply by pollution, degradation, diminution or other means that result in a violation of the state drinking water standards as determined by the commissioner, the bureau shall restore the affected supply at no cost to the consumer or replace the affected supply with an alternative source of water that is of like quantity and quality to the original supply at no cost to the consumer.   [PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Extent of analysis.
Water supplies must be analyzed for all parameters or chemical constituents determined by the commissioner to be indicative of typical contamination from solid waste disposal facilities. The laboratory performing the sampling and analysis shall provide written copies of sample results to the bureau, the landowner and to the commissioner.
[PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2.  Additional sampling required.
If the analysis indicates possible contamination from a solid waste disposal facility, the commissioner shall conduct, or require the bureau to conduct, additional sampling and analysis to determine more precisely the nature, extent and source of contamination. The commissioner shall, if necessary, require this sampling beyond the boundaries of the contiguous property.
[PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
3.  Written notice of rights.
On or before December 1, 1989, for permits issued under this chapter prior to October 1, 1989, and at or before the time of permit issuance for permits issued under this chapter after October 1, 1989, the bureau shall provide owners of contiguous land with written notice of their rights under this section on a form prepared by the commissioner.
[PL 2011, c. 655, Pt. GG, §60 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1989, c. 890, §§A40,B293 (AMD). PL 1991, c. 517, §B14 (AMD). PL 1993, c. 310, §B12 (AMD). PL 1995, c. 656, §A57 (AMD). PL 2011, c. 655, Pt. GG, §60 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 6: LIABILITY AND LIMITATIONS › 38 §2181. Effect on tort claims

§2181. Effect on tort claims
Nothing in this chapter may be construed or understood as in any way increasing any liability that may otherwise arise or be limited under Title 14, chapter 741.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 6: LIABILITY AND LIMITATIONS › 38 §2182. Ability to indemnify

§2182. Ability to indemnify
Nothing in this subchapter may be construed to prevent any host municipality, regional association or the State from obtaining or giving such indemnities as may be appropriate in connection with the ownership, operation or control of a municipal solid waste facility.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 6: LIABILITY AND LIMITATIONS › 38 §2183. Effect on existing contracts and facilities

§2183. Effect on existing contracts and facilities
Except as otherwise provided, nothing in this chapter may be construed to impair any contract in force upon the effective date of this chapter.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 6: LIABILITY AND LIMITATIONS › 38 §2184. Municipal contracts

§2184. Municipal contracts
A municipality may contract with any person to carry out its duties for the recycling, transportation, collection and storage of municipal waste and source-separated materials to be recycled, if the recycling, transportation, collection or storage activity or facility is conducted or operated in a manner that is consistent with the provisions of this chapter, the state plan and the rules promulgated pursuant to this chapter.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
1.  Existing contracts.
Except as otherwise provided in this chapter, nothing in this chapter may be construed to interfere with, or in any way modify, the provisions of any contract for municipal waste disposal, processing or collection with any regional association or municipality in force upon the effective date of this chapter or prior to the adoption of the state plan.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
2.  Renewals.
No renewal of any existing contract upon the expiration or termination of the original term of the contract, and no new contract for municipal waste disposal, processing or collection may be entered into after the effective date of this chapter, if the renewal or new contract fails to conform to the applicable provisions of this chapter or interferes with the implementation of the state plan.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
3.  Recycling activities; limited liability.
When the owner, lessee or occupant of premises as defined in Title 14, section 159‑B undertakes recycling activities, as defined in Title 14, section 159‑B on the premises, liability is limited as provided in Title 14, section 159‑B.
[PL 1991, c. 487, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1991, c. 487, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 1: FEES AND CONTRACTS › 38 §2191. Fees

§2191. Fees
The bureau shall establish reasonable fees for waste disposal services provided by the bureau.   [PL 2011, c. 655, Pt. GG, §61 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §A58 (AMD). PL 2011, c. 655, Pt. GG, §61 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 1: FEES AND CONTRACTS › 38 §2192. Purposes of the fees

§2192. Purposes of the fees
The fees charged to users of state-owned facilities and established by the bureau under this article, by rule, provide revenue for the following purposes:   [PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
1.  Current expenses.
To pay the current expenses, either incurred directly or through contractual agreements with another party or parties, for operating and maintaining a facility or delivering a service and to provide for normal maintenance and replacement of equipment. Current expenses also include costs incurred under subchapter 5;
[PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
2.  Interest.
To provide for the payment of interest on the indebtedness created or assumed by the bureau;
[PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
3.  Indebtedness.
To provide an annual sum equal to not less than 2% nor more than 10% of the term indebtedness represented by the issuance of bonds created or assumed by the bureau, which sum must be turned into a sinking fund and there maintained to provide for the extinguishment of term indebtedness. The money set aside in this sinking fund must be devoted to the retirement of the term obligations of the bureau and may be invested in such securities as savings banks in the State are allowed to hold;
[PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
4.  Principal payments.
To provide for annual principal payments on serial indebtedness created or assumed by the bureau;
[PL 2011, c. 655, Pt. GG, §62 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
5.  Contingency reserve fund allowance.
To provide for a contingency reserve fund allowance by providing rates to reflect up to a 5% addition to yearly revenues over that required to operate the facility;
[PL 1989, c. 585, Pt. A, §7 (NEW).]
6.  Closing reserve fund.
To provide for a closing and monitoring reserve fund by providing rates which, over the expected life span of the facility including the post-closure monitoring period, will generate the amount determined to be necessary by the department in its licensing process under chapter 13; and
[PL 1989, c. 585, Pt. A, §7 (NEW).]
7.  Compliance costs.
To provide for the costs associated with licensing, compliance and enforcement efforts of the department.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §§A59,60 (AMD). PL 2011, c. 655, Pt. GG, §62 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 1: FEES AND CONTRACTS › 38 §2193. Host municipality fees

§2193. Host municipality fees
The bureau may set fees under this article for the host municipality at a level lower than the fees charged to other municipalities or users, as long as the lower fees are set in a manner consistent with the rules adopted by the bureau.   [PL 2011, c. 655, Pt. GG, §63 (AMD); PL 2011, c. 655, Pt. GG, §70 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 656, §A61 (AMD). PL 2011, c. 655, Pt. GG, §63 (AMD). PL 2011, c. 655, Pt. GG, §70 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 2: MAINE SOLID WASTE MANAGEMENT FUND › 38 §2201-A. Sunset; legislative intent (REPEALED)

§2201-A. Sunset; legislative intent
(REPEALED)
SECTION HISTORY
PL 1989, c. 927, §8 (NEW). PL 1993, c. 410, §EE1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 2: MAINE SOLID WASTE MANAGEMENT FUND › 38 §2202. Fees

§2202. Fees
1.  Fees established.
The department shall establish procedures to charge fees specified in this article and pursuant to the requirements of this article. Except as provided in section 2203‑A, subsection 2‑A, all fees collected by the department under this article must be deposited into the Maine Solid Waste Management Fund.
[PL 2021, c. 664, §5 (AMD).]
2.  Application.
[PL 2011, c. 544, §2 (RP).]
3.  Payment.
A person who delivers solid waste to a solid waste disposal facility shall pay all fees established under this article to the operator of the solid waste disposal facility.
[PL 1993, c. 310, Pt. C, §2 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1993, c. 310, §C2 (AMD). PL 1995, c. 465, §A73 (AMD). PL 1995, c. 465, §C2 (AFF). PL 2011, c. 544, §2 (AMD). PL 2021, c. 664, §5 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 2: MAINE SOLID WASTE MANAGEMENT FUND › 38 §2203. Fee on special waste (REPEALED)

§2203. Fee on special waste
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1989, c. 869, §§A13,20 (RPR). PL 1991, c. 517, §B16 (AMD). PL 1995, c. 465, §A74 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1999, c. 385, §6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 2: MAINE SOLID WASTE MANAGEMENT FUND › 38 §2204. Municipal solid waste disposal surcharge (REPEALED)

§2204. Municipal solid waste disposal surcharge
(REPEALED)
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1989, c. 869, §§A14,20 (AMD). PL 1991, c. 517, §B17 (RPR). PL 1993, c. 85, §§1,2 (AMD). PL 1993, c. 310, §C3 (AMD). PL 1995, c. 465, §§A75,76 (AMD). PL 1995, c. 465, §C2 (AFF). PL 1995, c. 656, §A64 (AMD). PL 1999, c. 385, §8 (AMD). PL 2015, c. 461, §§10, 11 (AMD). PL 2021, c. 230, §3 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 2: MAINE SOLID WASTE MANAGEMENT FUND › 38 §2206. Hearings and appeals

§2206. Hearings and appeals
The department shall establish rules governing procedures for hearings and appeals under this article consistent with Title 5, chapter 375.   [PL 1995, c. 465, Pt. A, §77 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW). PL 1995, c. 465, §A77 (AMD). PL 1995, c. 465, §C2 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 24: SOLID WASTE MANAGEMENT AND RECYCLING › Subchapter 7: FINANCE, FEES AND CONTRACTS › Article 3: REVENUE OBLIGATION SECURITIES AND MORTGAGE LOANS › 38 §2215. Rentals and revenues

§2215. Rentals and revenues
1.  Provisions.
Before issuing revenue obligation securities, the agency shall determine that there shall at all times be revenues and funds sufficient to:
A. Pay the principal and interest of the securities as they become due and payable and, in its discretion, to create and maintain reserves for that purpose; and   [PL 1989, c. 585, Pt. A, §7 (NEW).]
B. Pay the cost of maintaining and, where applicable, repairing the project unless provision is made in the financial document or other contract for maintenance and, where applicable, repair.   [PL 1989, c. 585, Pt. A, §7 (NEW).]
[PL 1989, c. 585, Pt. A, §7 (NEW).]
2.  Sinking fund.
All project rentals and other revenues, except those required in subsection 1, paragraph B or to provide reserves for maintenance and, where applicable, repair, may be set aside at regular intervals as provided in the trust agreement or other document and deposited to the credit of a sinking fund charged with payment of the interest and principal of the securities as they fall due, any necessary charges of paying agents for paying principal and interest and the redemption price or the purchase price of securities retired by call or purchase. Use of money deposited to the credit of the sinking fund shall be subject to regulations prescribed in the trust agreement or other document. Except as may otherwise be provided in the trust agreement or other document, the sinking fund shall be a fund for the benefit of all securities issued for the project or projects without distinction or priority of one over another.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
3.  Trust funds.
All money received under this subchapter shall be deemed trust funds, to be held and applied solely as provided in this subchapter. Any officer to whom, or any bank, trust company or other fiscal agency or trustee to which, the money shall be paid shall act as trustees of the money and shall hold and apply it for the purposes of this subchapter, subject to the requirements of this subchapter, the trust agreement or other applicable document.
[PL 1989, c. 585, Pt. A, §7 (NEW).]
SECTION HISTORY
PL 1989, c. 585, §A7 (NEW).