1. New facilities. Notwithstanding Title 1, section 302, the department may not approve an application for a new commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, including any applications pending before the department on or after September 30, 1989. [PL 1993, c. 355, §52 (AMD).] 2. Relicense or transfer of license. The department may relicense or approve a transfer of license for a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989, if the facility had been previously licensed by the department as a commercial solid waste disposal or biomedical waste disposal or treatment facility prior to October 6, 1989, and all other provisions of law have been satisfied. [PL 1995, c. 465, Pt. A, §20 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] 3. Expansion of facilities. The department may license an expansion of a commercial solid waste disposal or biomedical waste disposal or treatment facility after September 30, 1989 if: A. The department has previously licensed the facility prior to October 6, 1989; [PL 1991, c. 297, §1 (RPR).] B. The department determines that the proposed expansion is contiguous with the existing facility and: (1) Is located on property owned on December 31, 1989 by the licensee or by a corporation or other business entity under common ownership or control with the licensee; or (2) For a commercial solid waste disposal facility that is a commercial landfill facility that is not under order or agreement to close, is located on property owned by the licensee; and [PL 2011, c. 566, §1 (AMD).] C. For a commercial solid waste disposal facility the commissioner or the department determines as provided in section 1310-N, subsection 3-A that the facility provides a substantial public benefit. [PL 1995, c. 465, Pt. A, §21 (AMD); PL 1995, c. 465, Pt. C, §2 (AFF).] The department may not process or act upon any application or license an expansion of a commercial landfill facility pursuant to this subsection until the applicant demonstrates to the department that it is in full compliance with the host community agreement pursuant to section 1310-N, subsection 9, if any, on the existing facility and until a host community agreement amendment is executed to account for the proposed expansion. An expanded facility may not receive a property tax exemption on real or personal property. [PL 2011, c. 566, §1 (AMD).] 4. Exemption. The following are exempt from the provisions of this section: A. A commercial biomedical waste disposal or treatment facility, if at least 51% of the facility is owned by a licensed hospital or hospitals as defined in Title 22, section 328, subsection 14 or a group of hospitals that are licensed under Title 22 acting through a statewide association of Maine hospitals or a wholly owned affiliate of the association; and [PL 2003, c. 551, §17 (AMD).] B. Expansion of a commercial solid waste disposal facility, if the expansion will not result in an increase in the facility's disposal capacity and the expansion will not be used for solid waste disposal. [PL 1995, c. 588, §1 (NEW).] [PL 2003, c. 551, §17 (AMD).]
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