Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW › Section 096-426-3 - Licensing of Redemption Centers

Current through 2024-29, July 17, 2024
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.