[Amended 10-20-2008]
The City has a statutory obligation to provide a solid waste disposal facility for domestic and commercial waste generated within the City and is authorized to provide such a facility for industrial waste and sewage treatment plant sludge pursuant to 38 M.R.S.A. § 1305, Subsection 1.
As used in this article, the following terms have the following meanings, unless the context indicates otherwise:
ACCEPTABLE WASTE 
Solid wastes of the type presently accepted at the landfill used by the municipality, including all ordinary household, municipal, institutional and industrial wastes, with the following exceptions:
A. 
Demolition or construction debris from building and roadway projects or locations.
B. 
Liquid wastes or sludges.
C. 
Abandoned or junk vehicles.
D. 
Hazardous waste; that is, waste with inherent properties that make it dangerous to manage by ordinary means, including but not limited to chemicals, explosives, pathological wastes, radioactive wastes, toxic wastes and other wastes defined as hazardous by the State of Maine or the Resource Conservation and Recovery Act of 1976, as amended, or other federal, state and local laws, regulations, orders or other actions promulgated or taken with respect thereto.
E. 
Dead animals or portions thereof or other pathological wastes.
F. 
Water treatment residues.
G. 
Tree stumps.
H. 
Tannery sludge.
I. 
Waste oil.
J. 
Discarded white goods, including but not limited to freezers, stoves, refrigerators and washing machines.
COLLECTION FACILITY
A building or container or designated area at which acceptable waste is disposed for transshipment to the energy recovery facility.
DISPOSAL FACILITY
One or more facilities designated by the municipality as the storage and/or disposal site for unacceptable wastes.
ENERGY RECOVERY FACILITY
The facility designated herein which processes and recovers energy and/or useful materials from acceptable waste generated in the City.
MIXED OR SPLIT LOAD
Municipal solid waste generated by two or more municipalities and transported by a single waste vehicle for disposal at a licensed waste handling facility and chargeable to respective municipalities.
[Amended 10-20-2008]
MUNICIPALITY
The City of Saco, Maine.
UNACCEPTABLE WASTE
All solid waste of the type municipalities are required to regulate by 38 M.R.S.A. § 1305, as amended, which specifically excludes industrial and sewage treatment plant sludge and is not included in the definition of acceptable waste.
[1]
Editor's Note: Former § 181-16, Energy recovery facility, was repealed 10-20-2008.
The accumulation, collection, transportation and disposal of acceptable waste and unacceptable waste generated within the City shall be regulated in the following manner:
A. 
All acceptable waste generated within the City shall be deposited at a collection facility or directly at the energy recovery facility.
B. 
All unacceptable waste generated within the City shall be deposited at a disposal facility.
C. 
Mixed or split loads are prohibited under this article.
The following categories of waste shall be exempted from regulation by this article:
A. 
Materials from manufacturing, processing or packaging operations which are segregated from solid waste and salvaged for alternate use or reuse by the generator or sold to third parties.
B. 
Glass, metal or other noncombustible materials which are separated from acceptable waste by the generator as part of a recycling program approved by the City Council.
C. 
Cardboard, paper or other combustible materials which are separated from acceptable waste by the generator as part of a recycling program approved by the City Council, provided that any such recycling program shall not reduce the British thermal unit (Btu) content of acceptable waste below the Btu level acceptable to the energy recovery facility.
All acceptable waste collected for transfer to the energy recovery facility or deposited at a disposal facility shall become the property of the City or its assignee. No one may salvage, remove or carry off any such waste without prior approval of the City Council.
This article shall be administered by the City Council. Its powers and duties are as follows:
A. 
To adopt reasonable rules and regulations as needed to enforce this article.
B. 
To consider all license applications and to grant or deny each application within 60 days after receipt of a completed application at the City offices or within such other time as the Council and the applicant shall agree is reasonable.
C. 
To review any alleged violation of this article and to impose appropriate penalties therefor after notice and hearing as required by this article.
D. 
To institute necessary proceedings, either legal or equitable, to enforce this article.
A. 
No person, firm or corporation shall accumulate, collect, store, transport or dispose of acceptable waste or unacceptable waste generated within the City without obtaining a license from the City Council.
B. 
Any person, firm or corporation required by this article to obtain a license shall make application to the City Council, providing the information required. The rate shall be established by the City Council after a public hearing.[1]
[Amended 5-15-2000]
[1]
Editor's Note: Copies of the current fee schedule are on file in the office of the City Clerk.
C. 
The application shall contain all information required by the City Council, including but not limited to a description of the activity, e.g., collection, transport or disposal of acceptable and/or unacceptable waste; current list of customers; the type and amount of waste handled in each service area; a description of the facility operated and used; and an equipment inventory, including, for vehicles, a description of the make, model and year of each vehicle used for the collection or transportation of solid waste, which information shall be revised annually upon license renewal. If the City Council determines the application to be incomplete, it shall notify the applicant, in writing, of the specific information necessary to complete it. The City Council shall be informed immediately of any changes in or additions to equipment, including vehicles.
[Amended 9-3-2002]
D. 
Licenses are not transferable.
E. 
All licenses shall expire one year from the date of issue, unless otherwise stated on the license or revoked or suspended sooner in accordance with the provisions of this article.
F. 
In the event that the City Council denies a license application, it shall notify the applicant, in writing, and shall state the reasons for the denial. The applicant may request a public hearing in accordance with the procedures in § 181-23.
G. 
In the event that the City Council grants a license application, the applicant shall pay the rate established by the City Council after a public hearing for each vehicle licensed or a rate to be established by the City Council after a public hearing for each applicant licensed for activities not involving the transport of solid waste.[2] This fee is in addition to the application fee. The Council may prorate this fee where appropriate. The Council may not refund any portion of this fee if the license is suspended or revoked.
[Amended 5-15-2000]
[2]
Editor's Note: Copies of the current fee schedule are on file in the office of the City Clerk.
H. 
The Council may grant a special license to a licensee, for a limited period and upon such terms and conditions as it deems appropriate using the procedure that it deems appropriate, for a replacement vehicle in the event of an emergency or a vehicle breakdown.
I. 
The Council may deny a license application upon a finding that the applicant:
(1) 
Does not have the financial capacity and technical ability to conduct the activity described in the application.
(2) 
Has not made adequate provision for the control of offensive odors or has not made adequate provision to prevent air and water pollution.
(3) 
Has not previously secured any necessary state or federal permits.
(4) 
Has failed to respond to inquiries relative to the source of waste or location of waste generators during periods of time when the City Administrator or his/her designee is monitoring tonnage being hauled by waste haulers. Failure to respond within 14 days of an inquiry shall be reason for denial.
(5) 
Has failed to transport waste loads in completely enclosed containers or vehicles. Such containers or vehicles shall be kept tightly covered and secured to prevent any spillage on public ways.
(6) 
Has failed to comply with any other provisions of this article.
J. 
As a general condition of all licenses, a licensee shall be billed monthly by the City of Saco for the tipping fees paid at MERC on the licensee's behalf by the City of Saco. In addition, the City shall establish a rate after a public hearing for an administrative surcharge to the monthly bill.[3] Allowing a balance to remain unpaid for longer than 30 days will constitute a violation of this article and is grounds for revocation of the license. (Within 30 days of the effective date of this amendment, all licenses issued under this article shall be reissued with this general condition. No additional application fee will be required and the existing expiration date will remain the same.) This provision will not pertain to any company operating under a City contract.
[Amended 5-15-2000]
[3]
Editor's Note: Copies of the current fee schedule are on file in the office of the City Clerk.
Any license issued may be suspended or revoked by order of the City Council after benefit of a hearing in accordance with the procedures in § 181-23 for the following causes:
A. 
Violation of this article.
B. 
Violation of any provision of any state or local law, ordinance, code or regulation which relates directly to the provisions of this article.
C. 
Violation of any license condition.
D. 
Falsehoods, misrepresentations or omissions in the license application.
A. 
Anyone denied a license or whose license is suspended or revoked pursuant to § 181-22 is entitled to a hearing before the City Council if such request is made, in writing, within 10 days of the denial, suspension or revocation.
B. 
Such hearings shall be held within 30 days after receipt of the written request for a hearing.
C. 
The licensee or applicant shall be notified, in writing, as to the time and place of the hearing at least 10 days prior to the hearing date. The applicant or licensee has the right to be represented by counsel, to offer evidence and to cross-examine witnesses, but the hearing is not subject to rules of evidence or formal rules for adjudicatory proceedings.
D. 
A determination shall be made by the City Council within 10 days after the conclusion of the hearing, and notice of the decision shall be served upon the applicant or licensee by registered mail, return receipt requested.
E. 
The City Council's final determination relative to the denial or suspension or revocation of a license and the period of suspension or revocation shall take effect as provided in the notice, unless, at the time of final determination, the City Council made it effective immediately. The City Council's determination is conclusive. Notice of the final determination shall set forth the reasons for the denial, suspension or revocation and the effective dates thereof, together with a statement that such decision may be appealed as provided in this article.
F. 
Any controversy or claim arising out of or relating to the municipal officers' determination may be appealed to the Superior Court pursuant to Maine Rules of Civil Procedure, Rule 80B, within 30 days after the City Council's final determination.
This article shall be enforced by the City Council or its designees. Any person violating any provision of this article commits a civil violation for which a forfeiture of not less than $500 nor more than $1,000 shall be adjudged. Each day of violation constitutes a separate offense. Any violation is deemed to be a nuisance, and the City Council may bring an action for equitable relief.
The City officers may, on written application, grant a variance from a specific provision of this article in a specific case, subject to appropriate conditions, where such variance is in harmony with the general purpose and intent of this article and the agreement between the City and the energy recovery facility.
This article shall become effective on the date that the energy recovery facility begins commercial operations, provided that the City provides notice of commencement in the manner required for publication of ordinances. Any person, firm or corporation required to obtain a license hereunder shall have 60 days from the date of adoption of this article to secure such license, which shall become effective on the date specified therein.