LD 1626
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LR 2164
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by the office and that a baseline must be established by agreement
of the current owner of the disposal facility and the office for
determining the existing ground and surface water conditions
surrounding the disposal facility as of the date of acquisition.

 
3. Any agreement for the operation of the disposal facility
must be established by the office through a competitive bidding
process and must require the operator to indemnify the office for
liabilities and costs associated with the acquisition,
development and operation of the disposal facility. All persons
submitting proposals in response to the request for proposals to
operate the disposal facility are required to include with their
bids up to a $20,000 nonrefundable deposit, as determined by the
office, to offset the office's costs associated with the
transactions authorized under this resolve and the cost to the
City of Old Town and the Town of Alton to establish a joint
citizen advisory committee authorized under this resolve.

 
4. Nothing in this resolve permits the abrogation of,
abrogates or intends to abrogate the sovereign immunity of the
State with respect to the acquisition agreement authorized under
this resolve.

 
5. Notwithstanding the Maine Revised Statutes, Title 38,
section 1310-U, the municipality in which the disposal facility
is located may not regulate the operation or any other aspect of
the disposal facility as provided in Title 38, section 2173 or by
means of any municipal ordinances, regulations, licenses or
permits, except that the municipality may enact ordinances with
respect to the operation of any expansion of the disposal
facility, including any expansion of the type of waste the
facility is licensed to accept, that contain standards the
municipality finds reasonable, including, without limitation,
standards concerning conformance with federal and state solid
waste rules; fire safety; traffic safety; levels of noise heard
outside the facility; the distance from existing residential,
commercial or institutional uses; groundwater protection; surface
water protection; erosion and sedimentation control; and
compatibility of the disposal facility with local zoning and land
use controls, as long as the standards are not more strict than
those contained in Title 38, chapter 3, subchapter 1, articles 5-
A and 6 and Title 38, chapter 13 and the rules adopted under
those chapters. The municipality is prohibited from enacting
stricter standards than those contained in Title 38, chapter 13
governing the hydrogeological criteria for siting or designing
the expansion of or the governing of the engineering criteria
related to waste handling and disposal areas of the expanded
disposal facility. Such municipal ordinances must use
definitions consistent with those adopted by the Department of


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