§1306. Prohibition

1.  General prohibition.  It is unlawful for any person to establish, construct, alter or operate any waste facility without a permit issued by the department.

[PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §232 (AMD).]

2.  On-site disposal of domestic septage; penalty.  A homeowner may arrange for a septage pumper to dispose of septage from a residence on property of the owner of the residence at the request of the property owner, a maximum of 2 times a year, provided that the septage is placed at least 300 feet from property boundaries, fresh surface waters, tidal waters, water supplies, streets, highways and permanently or seasonally inhabited residential structures. Any homeowner or septage pumper who violates the provisions of this subsection shall be subject to a civil penalty, payable to the municipality, of not more than $1,000 for each day of violation.

[PL 1985, c. 612, §19 (AMD).]

3.  Discharge of hazardous waste.  The discharge of hazardous waste into or upon any waters of the State, or into or upon any land within the State's territorial boundaries or into the ambient air, is prohibited unless licensed or authorized under state or federal law.

[PL 1985, c. 481, Pt. A, §98 (NEW).]

4.  Cathode ray tube disposal.  Beginning 9 months after the department adopts rules pursuant to section 1610, subsection 5, paragraph D, subparagraph (1), a person may not dispose of a cathode ray tube in a solid waste disposal facility. This subsection may not be construed to affect existing laws, rules or regulations governing disposal of cathode ray tubes in effect prior to the adoption of rules pursuant to section 1610, subsection 5, paragraph D, subparagraph (1).

[PL 2005, c. 330, §28 (AMD).]

5.  Control of fluids from motor vehicles at junkyards, automobile graveyards and automobile recycling businesses.  Fluids must be controlled in accordance with the following.

A. All fluids, including but not limited to engine lubricant, transmission fluid, brake fluid, power steering fluid, hydraulic fluid, engine coolant, gasoline, diesel fuel, oil and refrigerant, batteries and mercury switches must be properly handled by junkyards, automobile graveyards and automobile recycling businesses in such a manner that they do not leak, flow or discharge into or onto the ground, into a body of water or into the air.   [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]

B. All fluids, refrigerant, batteries and mercury switches must be removed from motor vehicles that lack engines or other parts that render the vehicles incapable of being driven under their own motor power or that are otherwise incapable of being driven under their own motor power, appliances and other items within 180 days of acquisition by a junkyard, automobile graveyard or automobile recycling business. Motor vehicles, appliances and other items acquired by and on the premises of a junkyard, automobile graveyard or automobile recycling business prior to October 1, 2005 must have all fluids, refrigerant, batteries and mercury switches removed by January 1, 2007. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable.   [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]

C. A person may not crush, shred or otherwise process, or cause to be crushed, shredded or otherwise processed, motor vehicles, appliances or other items before removal of all fluids, refrigerant, batteries and mercury switches. Fluids required to be removed under this paragraph must be removed to the greatest extent practicable.   [PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]

[PL 2005, c. 247, §6 (NEW); PL 2005, c. 247, §7 (AFF).]

6.  Construction and demolition debris.  The substitution of wood from construction and demolition debris for conventional fuels used in a boiler may not exceed 50% of total fuel by weight combusted on an average annual basis.

[PL 2005, c. 617, §1 (NEW).]

SECTION HISTORY

PL 1973, c. 387 (NEW). PL 1979, c. 383, §10 (RPR). PL 1979, c. 663, §237 (AMD). PL 1979, c. 699, §13 (RP). PL 1981, c. 430, §12 (RPR). PL 1983, c. 726, §3 (RPR). PL 1985, c. 481, §A98 (AMD). PL 1985, c. 612, §19 (AMD). PL 1989, c. 890, §§A40,B232 (AMD). PL 2003, c. 150, §1 (AMD). PL 2005, c. 247, §6 (AMD). PL 2005, c. 247, §7 (AFF). PL 2005, c. 330, §28 (AMD). PL 2005, c. 617, §1 (AMD).