LD 1367
pg. 6
Page 5 of 11 An Act To Amend the Laws Regarding Junkyards, Automobile Graveyards and Automob... Page 7 of 11
Download Bill Text
LR 1388
Item 1

 
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.


Page 5 of 11 Top of Page Page 7 of 11