Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 426 - RESPONSIBILITIES UNDER THE RETURNABLE BEVERAGE CONTAINER LAW
Section 096-426-3 - Licensing of Redemption Centers

A. All Redemption Centers within the State of Maine shall be licensed with the Department prior to beginning operation. Applicants for approval of a Redemption Center shall file an application and a $50.00 license fee with the Department annually. Redemption centers shall allow the Department to conduct a facility in spection and meet all applicable requirements prior to licensure.

B. Applicants shall utilize forms provided by the Department and shall supply the information requested thereon.

C. The Commissioner may approve an application for a Redemption Center if the Commissioner finds that the facility will provide a convenient service for the return of empty beverage containers, has agreements with local Retailers (Dealers), and meets all other licensing requirements enumerated in this chapter and 38 M.R.S. §3109. In making this determination with respect to an existing Redemption Center, the Commissioner may consider its compliance with the requirements of this chapter and the quality of the service provided.

D. After a license has been issued to a Redemption Center, the owner shall apply to the Department for approval of any additional Dealers obtained after the then-current annual license has been issued. The Department's decision as to whether such Dealers may be Member Dealers must be made according to the criteria set forth in Subsection C above.

E. All licenses are subject to suspension or non-renewal for good cause shown, including but not limited to unsafe practices, falsification of reports, or serious or continued violation of this chapter.

Note: Along with the right to file an appeal in accordance with the Maine Administrative Procedure Act, 38 M.R.S. §344(2-A) provides for appeal of a Department licensing decision to the Board of Environmental Protection: "Any person aggrieved by a final license or permit decision of the Commissioner may appeal that decision to the board. The filing of an appeal with the board is not a prerequisite for the filing of a judicial appeal."

F. The Commissioner may approve only one application for a Redemption Center license in a municipality with a population of 5,000 or less.

G. Any operating Redemption Center destroyed as a result of a catastrophic event, such as a fire, flood or other natural disaster, may rebuild and obtain a license to operate a Redemption Center on the same property or open a Redemption Center in an already existing structure within the same municipality as the original Redemption Center. The replacement Redemption Center need not comply with 38 M.R.S. §3113(3), as long as it is in operation within six (6) months of the catastrophic event.

H. Agreements to serve Dealers must be in writing and must state the name and address of the Dealer to be served and the distance from the Dealer to the Redemption Center. The agreements must be signed by both parties. For purposes of compliance with Subsection 3(C) of this chapter, only Dealers with a permanent presence in a "brick and mortar" retail Food Establishment (as defined in 22 M.R.S. §2152(7-A) ) or Eating Establishment (as defined in 22 M.R.S. §2491(7) ) will be considered for an approved agreement.