| | |
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. |
|
| | | 8.__Applicability.__Municipalities may apply local ordinances | | adopted previously under subsection 7 pertaining to automobile | | graveyards and junkyards to an automobile recycling business | | without amending those ordinances to include automobile |
|
|
