The following words and terms as used in this article shall have
the meaning ascribed thereto, unless the context indicates a different
meaning:
ACCEPTABLE WASTE
(1)
Ordinary household, municipal, institutional, commercial and
industrial solid waste, including but not limited to the following:
(a)
Garbage, trash, rubbish, paper and cardboard, plastics, refuse,
beds, mattresses, sofas, refrigerators, washing machines, bicycles,
baby carriages and automobile or small vehicle tires, to the extent
that EcoMaine determines that the air emission criteria and standards
applicable at the facility are not violated;
(b)
Processible portions of commercial and industrial solid waste;
and
(c)
Wood and lumber, tree limbs, branches, ties, logs and trees, if no more than 4 1/2 feet long and eight inches in diameter, and leaves, twigs, grass and plant cuttings, provided that the Town shall not be obligated to deliver or cause to be delivered any items listed in this Subsection
(1)(c) to the facility, and further provided that such items may be delivered to the facility by or on behalf of the Town on an irregular basis only and shall represent an insignificant portion of the total waste delivered to the facility by or on behalf of the Town within any calendar year.
(2)
Notwithstanding any provisions to the contrary, unacceptable
waste, including hazardous waste, shall not be acceptable waste and
is explicitly excluded therefrom. Furthermore, any substances which
are included as acceptable waste but which are later determined to
be harmful, toxic, dangerous or hazardous by any governmental agency
or unit having appropriate jurisdiction shall not be acceptable waste
under the terms of this article. However, any substances which are
not included within the definition of "acceptable waste" because they
are considered harmful, toxic, dangerous or hazardous and which are
later determined not to be harmful, toxic, dangerous or hazardous
by any governmental agency or unit having appropriate jurisdiction
shall be considered acceptable waste unless a contrary determination
has been or is made by any other governmental agency or unit having
appropriate jurisdiction or unless such substances are otherwise considered
unacceptable waste or hazardous waste.
AUTHORIZED COMMERCIAL HAULER
A commercial hauler who has a contract with the Town to collect
and transport solid waste and/or recyclable materials.
COMBUSTIBLE REFUSE
All paper, straw, excelsior, rags, rubber, shoes, and such
other refuse as may result from ordinary housekeeping or commercial
pursuits and which may be burned by fire.
COMMERCIAL HAULER
Any person, firm, partnership, association, municipality,
corporation, or other legal entity who or which has been licensed
by the Town to collect, transport, and dispose of solid waste for
a fee as herein prescribed.
CONSTRUCTION DEBRIS
Waste building materials resulting from construction, remodeling,
repair or demolition operations.
DAY OF SCHEDULED TOWN COLLECTION
The day for Town-wide collection of solid waste and/or recyclable
materials as established by the Town Manager and the authorized commercial
hauler(s) by contract.
FACILITY
The facility described in the waste handling agreement between
the Town of Cumberland and EcoMaine and subsequent amendments thereto.
GARBAGE
All table refuse, animal and vegetable matter, offal from
meat, fish, and fowls, vegetables and fruits and parts thereof, and
other articles and materials ordinarily used for food and which have
become unfit for such use for which reason they are discarded.
HAZARDOUS WASTE
Waste which by reason of its composition, characteristics or other inherent properties is dangerous to handle by ordinary means, or which may present a substantial endangerment to health or safety, or which presents a reasonable possibility of adversely affecting the operation of the facility. "Hazardous waste" shall also mean waste which is defined as harmful, toxic, dangerous or hazardous at any time during the term of the waste handling agreement between the Town of Cumberland and EcoMaine pursuant to (1) the Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq., as amended; (2) the Maine Hazardous Waste, Septage and Solid Waste Act, 38 M.R.S.A. § 1301 et seq., as amended; (3) any other federal, state, county or local codes, statutes or laws; and (4) any regulations, orders or other actions promulgated or taken with respect to the items listed in Subsections
(1) through
(3) above; provided, however, that any such materials which are later determined not to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction shall not be considered hazardous waste unless a contrary determination has been or is made by any other governmental agency or unit having appropriate jurisdiction.
INCOMBUSTIBLE REFUSE
All discarded articles or materials except sewage, liquid
waste, garbage, and combustible refuse.
INERT FILL
That material which does not chemically or biologically decompose,
i.e., sand, gravel, bricks, rocks, etc.
OCCUPANT
The person who has use or occupancy of any building or a
portion thereof, whether the actual owner or the tenant.
PERSON
Any individual, firm, corporation, partnership, association,
municipality, quasi-municipal corporation, state agency, or any other
legal entity.
PROCESSED WASTE
Waste that is actually delivered to the facility by or on
behalf of the Town and which is removed from the delivery vehicle
or container or which is otherwise accepted for handling at the facility.
RECYCLABLE MATERIALS
Newsprint and glass and metal cans and bottles which are
acceptable waste and from which resources other than energy may be
recovered by the Town.
REFUSE
All combustible refuse and incombustible refuse referred
to collectively.
RESIDENCE
A building or structure used for residential purposes and containing one or more dwelling units as that term is defined in Chapter
315, Zoning, §
315-4.
RESOURCE RECOVERY
The recovery of materials that still have useful physical
or chemical properties after serving a specific purpose and that can
be reused or recycled for the same or other purposes.
RUBBISH
All miscellaneous waste material not otherwise included herein,
such as ashes, tin cans, pottery, prunings from trees and vines and
materials of all kinds resulting from the ordinary conduct of business
or housekeeping.
SOLID WASTE
Useless, unwanted or discarded solid material with insufficient
liquid content to be free flowing, including, by way of example and
not by limitation, rubbish, garbage, scrap materials, junk, refuse,
inert fill material and landscape refuse. "Solid waste" shall in no
case include sludges from air or water pollution control facilities,
septic tank sludge or agricultural wastes.
SUITABLE CONTAINERS
Metal or plastic watertight containers covered by a tight-fitting
cover free from sharp edges. The maximum capacity of any such container
which must be dumped manually shall not exceed 30 gallons and the
combined weight of such manually dumped container and its contents
shall not exceed 50 pounds. Plastic liners, as used in metal or plastic
solid waste containers for storage, when of suitable durability and
strength and when tied securely, may be set out and accepted for collection
only.
TOWN
The Town of Cumberland, Cumberland County, State of Maine.
UNACCEPTABLE WASTE
That portion of solid waste which is not acceptable waste
and includes, but is not limited to, sewage and its derivatives, construction
and demolition debris, special nuclear or by-product materials within
the meaning of the Atomic Energy Act of 1954, as amended, and hazardous
waste.
WASTE
Items, materials or substances delivered to the facility
by the Town, its employees, agents or contractors.