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| Sec. 6. 38 MRSA §1306, sub-§5 is enacted to read: |
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| | 5.__Control of fluids from motor vehicles at junkyards, | automobile graveyards and automobile recycling businesses.__ | Fluids must be controlled in accordance with the following. |
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| 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. |
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| 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. |
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| 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. |
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| | Sec. 7. Effective date. This Act takes effect October 15, 2005. |
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