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Section 3: State Action and Control Measures

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State Action

If the owner of a junkyard which was in lawful existence when the site became subject to control under the Highway Beautification law does not elect to bring the junkyard into compliance at the owner's expense, the State may do so as funds are available.

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Control Measures

The following control measures may be used to bring a nonconforming junkyard into conformance:

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  • Recycle or dispose of junk that is not usable as stock-in-trade in the owner's ongoing business. Recycling should be considered in conjunction with other control measures. Junk or scrap should be moved to a scrap processor or put to some other useful purpose when feasible.
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  • Every effort should be made to screen when the junkyard is to continue as an ongoing business. When not otherwise feasible, screening may be accomplished by relocating inventory on the site to utilize an existing natural screen or a screenable portion of the site.
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  • The State may acquire the inventory and dispose of it by selling it to the highest bidder, provided it is to be removed from the junkyard site and the site is to be restored to a condition as though no junkyard had ever existed there.
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  • The junkyard may be relocated to a site at a conforming location in an industrial area or out of sight from a controlled highway.
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