Town of Islesboro, ME
Waldo County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Islesboro 6-26-2010; amended 2-26-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Pollution control — See Ch. 167.
Septage disposal control — See Ch. 200.
221a Transfer Station Ops Manual 221c Appendix B
This chapter is titled and may be cited as the "Town of Islesboro Solid Waste Control and Mandatory Recycling Ordinance."
A. 
This chapter controls disposal of solid waste material in the Town of Islesboro, by providing for the institution and enforcement of rules and regulations, establishing materials limitations, prohibiting certain acts that would cause solid waste disposal problems and providing penalties for violations of the provisions of this chapter.
B. 
The implementation of this chapter supports the following desired outcomes: to preserve and protect environmental resources, to protect the health, safety and welfare of the citizens of Islesboro, and to maximize recovery and reuse of valuable resources.
C. 
This chapter is adopted pursuant to 30-A M.R.S.A. § 3001 et seq. and 38 M.R.S.A. § 1301 et seq.
[Amended 6-6-2012]
A. 
Town Manager ("Manager") is hereby authorized to administer this chapter and enforce it as indicated in Subsection B. This chapter shall be reviewed annually by the Board of Selectmen ("Board") and Manager and revised by Town Meeting as required to satisfy the needs of the municipality, changes in state and federal regulations and the economics of municipal solid waste disposal. This chapter shall be prominently displayed at the Transfer Station site, and an attested copy shall be on file at the Town of Islesboro Town Office.
[Amended 6-6-2012]
B. 
The use of the facility by any person shall be in compliance with this chapter. Any person who violates this chapter is subject to the fines in § 221-9B of this chapter and may be denied access to the facility by the Codes Enforcement Officer until the person complies with provisions of this chapter or until the Manager has had the opportunity to hear the complaint and rule on it. A person who is denied access to the facility may appeal the denial to the Islesboro Board of Appeals and Board of Assessment Review.
C. 
The document titled "Islesboro Transfer Station Operations Manual," dated November 2010 is hereby incorporated by reference into this chapter. Copies of the Operations Manual shall be available for public viewing at the Transfer Station and shall be available at the Islesboro Town Office.
A. 
Location and function.
(1) 
The Islesboro Transfer Station is located at 1299 Meadow Pond Road, Islesboro, ME 04848.
(2) 
The facility handles residential waste from year-round and seasonal residents. The Town of Islesboro ("Town") provides a means to reduce its waste stream through a program of mandatory zero-sort recycling.
B. 
Owner and responsibility.
(1) 
The facility is owned by and licensed to the Town of Islesboro.
(2) 
Final authority and control of the facility rests with the Board. Administrative duties and day-to-day supervision of the facility are the responsibility of the Manager.
(3) 
The Board is responsible for all contracts concerning the facility, including construction, maintenance, technical services, waste hauling and waste disposal. The Town shall retain a qualified facility attendant. The Board signs all contracts relevant to the facility and delegates to the Manager the responsibility for all record keeping.
C. 
Attendant.
(1) 
The attendant is responsible for the day-to-day operation of the facility in accordance with the provisions of the Operations Manual. Those responsibilities include but are not limited to:
[Amended 6-6-2012]
(a) 
Coordinating traffic movement in and out of the facility;
(b) 
Overseeing the unloading of waste and ensuring that the solid waste and recyclables are placed in their proper receptacles;
(c) 
Ensuring that mandatory recyclables are not contained in pay-as-you-throw (PAYT) bags.
(2) 
The attendant shall perform the following duties as well as those other duties described in the attendant's job description and as instructed by the Manager:
(a) 
Ensure the safety of the public both from traffic and mechanical operations;
(b) 
Maintain the facilities and surrounding areas in a clean and sanitary manner;
(c) 
Store materials and accept loads in a manner that will prevent fires;
(d) 
Report any fires to the Fire Department;
(e) 
Coordinate truck-load waste disposal;
(f) 
Operate recycling and solid waste disposal machinery; and
(g) 
Maintain all vehicles and equipment.
D. 
Operations.
(1) 
Access to the facility shall be controlled to ensure that the public is not exposed to potential health and safety hazards at the site. The entrance shall be gated and shall be open only when the attendant is on duty or other authorized persons are present. The gates shall be closed and locked at all other times.
(2) 
The Board, through the Manager, shall ensure that access to the facility and exit from the facility to and from the Meadow Pond Road is maintained for safe entry and exit under all weather conditions. Interior roads in the facility will be constructed and maintained to provide a safe smooth flow of traffic.
(3) 
The attendant shall ensure that ensure that a copy of this chapter and its Operations Manual are prominently displayed in the facility, together with the hours of operation for the facility.
A. 
The following types of wastes and refuse shall not be accepted as part of the household refuse stream. They may be accepted at different separation areas of the facility or on another site as indicated by the Operations Manual and DEP guidelines.
(1) 
Hazardous and special wastes as defined in § 221-10.
(2) 
Sewage treatment plant and septic tank sludge or residues.
(3) 
Animal and agricultural wastes such as manure and crop residues.
(4) 
Tanks, vehicle fuel tanks, heating oil tanks, propane tanks, pesticide containers, and hazardous material containers.
(5) 
Dead animals or animal parts, other than usual kitchen waste.
(6) 
Motor vehicles, auto body and truck parts.
(7) 
Hazardous substance containers unless adequately cleaned and approved by the attendant.
(8) 
Liquids or other free-flowing material.
(9) 
Friable asbestos.
(10) 
Biomedical wastes; may be red-bag waste from hospitals, laboratories, clinics, nursing homes and occasionally doctor's offices; includes blood, body parts, disposable instruments, linens and other soiled items.
(11) 
Caustic or acidic materials.
(12) 
Sandblast grit and nonliquid paint wastes.
(13) 
Debris or residuals from nonhazardous chemical spills or spill cleanup.
(14) 
Contaminated soils or dredged soils.
B. 
If any of these prohibited wastes are deposited within the household refuse stream, the cleanup and all costs associated with proper disposal shall be borne by the person(s) responsible for the deposition.
A. 
All solid waste shall be separated into household waste to be deposited in the designated household waste container and into recyclable materials to be deposited in the designated recyclable container as set forth in this chapter.
B. 
Recyclable materials need not be sorted, but all recyclable materials designated in this chapter shall be deposited into the appropriate recycling container located at the Transfer Station.
C. 
Recyclable materials include:
(1) 
Paper: Newsprint, corrugated cardboard, newspapers, magazines, catalogs, telephone books, soft- and hard-cover books; direct mail/envelopes (all types); paper, all colors (Staples and paperclips are acceptable.); paperboard (cereal/shoe boxes); and all corrugated cardboard; brown paper bags.
(2) 
Plastics: milk/juice cartons; plastic bottles and containers, types numbered 1 through 7; soda/juice/water bottles (glass or plastic); milk jugs, bleach, detergent, shampoo bottles; food containers (cottage cheese/margarine/yogurt).
(3) 
Rigid plastics: one- and five-gallon buckets with handle attached; milk/soda crates; laundry baskets; small plastic trash bins (up to five gallons); plastic toys; trays; plastic plant pots; kitty litter buckets, children's-size rigid pools; and the like.
Note: Any and all rigid plastics shall have some give when attempting to bend.
(4) 
Glass bottles: glass bottles/jars (any color).
(5) 
Metals: aluminum/steel/tin cans, aluminum (pie plates/trays/foil).
D. 
Materials not included as recyclable. Plastic bags/film, plastic grocery bags, stretch wrap, Styrofoam or foam packaging, ceramics, window glass, mirrors, light bulbs, dishes, hard brittle plastic with no give (i.e., monitors, keyboards, some children's toys).
A. 
Wastes will be deposited in appropriate areas as designated by the Operations Manual. The following areas will initially be provided for waste deposition. These areas may change as state regulations and market conditions dictate.
(1) 
Transfer station.
(2) 
Recycling area.
(3) 
White goods storage area.
(4) 
Demolition storage area.
(5) 
Tire storage area.
(6) 
Hot loads area.
B. 
Recyclables. Recyclables shall be separated from other waste and handled according to § 221-6 of this chapter.
C. 
Pay-as-you-throw (PAYT) program:
(1) 
All waste and refuse that is to be deposited at the Transfer Station shall be placed into officially designated bags (PAYT bags) provided by the Town. Any bags placed inside the PAYT bags shall be clear plastic only, except that trash compactor bags may be white plastic. Any refuse placed in opaque bags and inserted in the PAYT bags may be denied deposit at the Transfer Station.
(2) 
Any officially designated PAYT bags that contain more than 10% recyclable materials by volume shall be denied deposit at the Transfer Station.
(3) 
The cost for the officially designated bags shall be in such amount as specified in the Solid Waste Control and Mandatory Recycling Program Schedule of Fees established by the Board of Selectmen from time to time after a public hearing on the same.
[Amended 6-27-2018]
(4) 
All waste deposited at the Transfer Station shall be deposited in appropriate areas designated by the Operations Manual and as directed by the attendant. The areas within the Transfer Station shall be clearly marked to describe the types of waste that shall be deposited in each area. These areas may change from time to time and shall be designated in the Operations Manual and clearly marked at the Transfer Station.
D. 
Disposal of other items.
(1) 
Disposal of other items shall be as directed by the attendant, but is generally as follows:
(a) 
White goods/metals. White goods shall be placed in the appropriate roll-off container.
(b) 
Tires. Tires shall be piled neatly at the designated storage area. Wheel rims shall be removed from all tires prior to placement on site.
(c) 
Demolition waste. Building materials, excluding hazardous or special waste, shall be placed in the designated storage areas.
(d) 
Trees and brush. Trees and brush shall be disposed in the designated area.
(e) 
Alkaline, rechargeable, button-type, flashlight and UPS batteries.
(f) 
CFL bulbs; fluorescent lamps.
(g) 
Electronics, including computers, cell phones, PDAs and TVs.
(2) 
Application of items in Subsection D(1)(a) through (d) of this section is contingent upon the Maine Department of Environmental Protection licensing of the facility and approval of this chapter and Operations Manual.
E. 
Returnable containers.
(1) 
Funds received from the redemption of returnable containers may be donated by the Town to Islesboro charities.
(2) 
The Board shall designate what amounts or percentages and which charity or charities shall receive funds from the proceeds of returnable containers at the first meeting of the Board after the Annual Town Meeting.
(3) 
The Board may change the amounts or percentages beneficiary or beneficiaries of the proceeds of returnable container funds at any time during the year.
[Amended 6-27-2018]
The fees for the deposition of other materials, including, without limitation, white goods and/or appliances, furniture, televisions, and computer monitors; demolition debris; automobile/truck tires up to and including 16 inches; truck/tires over 16 inches; and batteries, shall be in such amount as specified in the Solid Waste Control and Mandatory Recycling Program Schedule of Fees established by the Board of Selectmen from time to time after a public hearing on the same.
A. 
Violations of this chapter shall be reported to and dealt with by the Codes Enforcement Officer.
B. 
Violations of this chapter shall subject an offender to a fine $100 for the first offense; $250 for the second offense within a twelve-month period; $500 for a third offense within a twelve-month period.
As used in this chapter, the following terms shall have the meanings indicated:
ATTENDANT
The person(s) employed by the municipality to supervise the solid waste facility and operate any necessary equipment.
FACILITY
The Town of Islesboro solid waste facility.
HAZARDOUS WASTE
A substance designated as hazardous by the Maine Department of Environmental Protection, also as defined by 38 M.R.S.A. § 1303-C, Subsection 15, that shall include, but not be limited to, all electronics and electronic components, batteries and items containing mercury, such as thermometers and thermostats.
[Amended 6-6-2012]
HOUSEHOLD REFUSE
Ordinary solid wastes generated by normal household operations except:
A. 
Wastes identified in this chapter; or
B. 
Other wastes identified by rules that include, but are not limited to, white goods, appliances, furniture, mattresses, tires, construction debris, stumps, brush, leaves and rock and masonry materials.
OFFICIALLY DESIGNATED BAGS
Bags approved by the Town for the deposit of household refuse, sold by the Town specifically for use in depositing household refuse at the facility
PAY-AS-YOU-THROW (PAYT) PROGRAM
A program that requires all household refuse to be placed in officially designated bags prior to deposit at the facility.
PERSON
Includes, but is not limited to, individuals, partnerships, corporations, organizations and their agents.
RETURNABLE CONTAINERS
Containers deposited at the Transfer Station that may be redeemed for cash under the provisions of 32 M.R.S.A. § 1863-A et seq.
SPECIAL WASTE
Waste designated by the State Department of Environmental Protection as special wastes.
TOWN
Town of Islesboro, Maine.
The provisions of this chapter shall supersede all other local laws, ordinances, resolutions, rules, or regulations contrary thereto, or in conflict therewith.
This chapter may be amended as provided in Title 30-A M.R.S.A. § 3002.