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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 and the facility or facilities are actively engaged in | the business of salvaging, recycling, dismantling, processing, | repairing or rebuilding junk or vehicles for the purpose of | sale or trade; |
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| | Sec. 59. 30-A MRSA §3755-A, sub-§3, ¶H, as amended by PL 2005, c. 247, | §5 and affected by §7, is further amended to read: |
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| H. Dismantling of a vehicle must be performed in accordance | with the following standards. |
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| (1) Batteries must be removed. |
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| (2) All fluids, including but not limited to engine | lubricant, transmission fluid, brake fluid, power | steering fluid, hydraulic fluid, engine coolant, | gasoline, diesel fuel and oil, must be drained into | watertight, covered containers and must be recycled or | disposed of in accordance with applicable federal and | state laws, rules and regulations. |
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| (3) Fluids from a vehicle may not be permitted to flow | or be discharged into or onto the ground. |
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| (4) Storage, recycling or disposal of all fluids, | refrigerant, batteries and mercury switches must comply | with all applicable federal and state laws, rules and | regulations. |
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| (5) A log must be maintained of all motor vehicles | handled that includes the date each vehicle was | acquired, a copy of the vehicle's title or bill of sale | and the date or dates upon which all fluids, | refrigerant, batteries and mercury switches were | removed. |
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| (6) 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 within 180 days of acquisition. | Motor vehicles acquired by and on the premises of an automobile | recycling business prior to October 1, 2005 must have all fluids, | refrigerant, batteries and mercury switches removed by January 1, | 2007. Fluids |
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