[HISTORY: Adopted by the Town of Islesboro 7-29-2002. Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Septage
Disposal Control Ordinance for the Town Of Islesboro."
A.Â
Declaration of purpose.
(1)Â
This chapter is designed to control septage disposal in the Town
of Islesboro by providing for the establishment and enforcement of
rules and regulations, establishing limitations, prohibiting certain
acts causing septage disposal problems and providing for fines for
violations of the provision of this chapter.
(2)Â
The implementation of this chapter supports the following desired
outcomes: to preserve and protect environmental resources and to protect
the health, safety and welfare of the citizens of Islesboro.
B.Â
Statement of authority. This chapter is adopted pursuant to 30-A
M.R.S.A § 3001 et seq.
[Amended 6-6-2012]
A.Â
The Board of Selectmen is hereby authorized to establish detailed
operating rules and regulations for all septage disposal and holding
facilities. The rules and regulations shall be reviewed and revised
as required to satisfy the needs of the municipality and with changes
in state and federal regulations. These rules and regulations will
become effective upon enactment at a Special Town Meeting, July 2002.
These rules and regulations shall be prominently displayed at the
septage disposal field and Transfer Station and be on file at the
Town Office.
B.Â
The use of the disposal facilities by any person shall be in compliance
with these rules and regulations. Any person who violates any of these
rules and regulations set forth by the Board of Selectmen shall be
denied access to the facilities until the person complies with the
rules and regulations and/or until the Board of Selectmen has had
the opportunity to hear the complaint.
The Board of Selectmen has the right to set standards on the
acceptance of septage and to refuse to accept sludge which comes from
any commercial, industrial, or any unidentified sources.
Included in the Attachment: Deposition Procedures[1] are the deposition procedures at the time of ordinance
adoption. They have been written to protect the environment and the
users and to meet current (at the time of adoption) state and federal
regulations.
[1]
Editor's Note: The attachment is included at the end of this
chapter.
The Board of Selectmen shall establish appropriate fees.[1] Fees are effective with adoption of this chapter.
[1]
Editor's Note: See the attachment at the end of this chapter.
A.Â
The Public Works Foreman and Codes Enforcement Officer shall enforce
this chapter and shall inform the Town Manager of any violations of
this chapter. The Town Manager shall take any action necessary to
enforce the chapter and, upon authorization of the Board of Selectmen,
may institute legal or equitable proceedings to enforce this chapter.
B.Â
At the discretion of the Board of Selectmen, any person violating
any provision of this chapter shall commit a civil violation, punishable
by a fine of not less than $50 and not more than $500. Each day a
violation continues shall constitute a separate violation. Any fines
collected shall accrue to the Town of Islesboro.
As used in this chapter, the following terms shall have the
meanings indicated:
The Town of Islesboro septage disposal field and holding
tanks; currently under DEP-approved license.
Any solid waste, special waste or septage that is not regulated
as a hazardous waste under Chapters 850 to 857 of the DEP rules.
Waste, refuse, effluent, sludge and any other materials from
septic tanks, cesspools or any other similar facilities. It can further
be defined as a mixture of liquids and solids derived from residential
sanitary wastewater, and includes sanitary wastewater from tanks connected
to commercial and institutional establishments which have inputs similar
to residential wastewater. Septage also includes wastes derived from
portable toilets and wastes derived from municipal primary treatment
facilities that use a sand filtering system.
Nonhazardous solid, semisolid or liquid waste generated from
a municipal, commercial or industrial wastewater treatment plant,
water supply treatment plant or wet-process air pollution control
facility or any other waste having similar characteristics and effect.
The term does not include industrial discharges that are point sources
subject to permits under the Federal Water Pollution Control Act,
33 U.S.C. § 1342 (1999), as amended. It does not include
wastes derived from municipal primary treatment facilities that use
a sand filtering system.
The provisions of this chapter shall supersede all other local
laws, ordinances, resolutions, rules, or regulations contrary thereto
or in conflict therewith.
[Amended 6-6-2012]
This chapter and its attachments may be amended by the Board
of Selectmen after notice and public hearing and approval at a Town
Meeting.