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accepted on an annual basis. For purposes of this paragraph, | | "single entity" means an individual, partnership, corporation | | or limited liability company that is not engaged primarily in | | the business of treating or disposing of solid waste or | | special waste. This paragraph does not apply if an individual | | partner, shareholder, member or other ownership interest in | | the single entity disposes of waste in the solid waste | | facility. A waste facility receiving ash resulting from the | | combustion of municipal solid waste or refuse-derived fuel is | | not exempt from this subsection solely by operation of this | | paragraph; or |
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| | | F. A private corporation that accepts material-separated, | | refuse-derived fuel as a supplemental fuel and does not burn | | waste other than its own. |
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| | | Until January 1,__2007, for purposes of this subsection, "waste | | that is generated within the State" includes residue and bypass | | generated by incineration, processing and recycling facilities | | within the State. |
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| | | Sec. 3. 38 MRSA §1310-Q, as amended by PL 1989, c. 890, Pt. A, §40 | | and Pt. B, §245, is further amended to read: |
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| | | §1310-Q. Transfer of license |
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| | | 1. Transfer. No person may transfer a license issued | | pursuant to this Title without the transfer of the license being | | approved by the department prior to transfer of the ownership of | the property, facility or structure which | | part of the solid waste disposal facility. The department, at | | its discretion, may require that the proposed new owner of the | | facility apply for a new license or may approve the transfer of | | the existing license upon a satisfactory showing that the new | | owner can abide its terms and conditions and will be able to | | comply with the provisions of this Title, except that the | | department may not approve the transfer of an existing license of | | a municipal solid waste disposal facility to a private entity. | | The department shall consider the extent to which the disposal | | facility was sited and developed and is currently operated to | | meet the capacity needs of municipalities within a specific | | geographic region. The department shall approve the transfer of | | license when, in addition to all other requirements of this | | Title, the applicant has demonstrated that: |
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| | | A. The facility will continue to be operated to meet the | | municipal disposal capacity needs for which the facility was | | sited and developed and for which it is currently operated; |
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