Town of Cumberland, ME Chapter 235 Solid Waste

[HISTORY: Adopted by the Town of Cumberland as indicated in article histories. Amendments noted where applicable.]

Article I Flow Control

[Adopted 7-8-1985]

§ 235-1 Short title.

This article shall be known as and may be cited as the "Ordinance Relating to the Disposal of Solid Waste Within the Town of Cumberland, Maine; Prescribing Rules and Regulations Therefor; Providing Penalties for Violation Thereof" and shall be referred to herein as "this article."

§ 235-2 Purpose.

The purpose of this article is to protect the health, safety and general well-being of the citizens of Cumberland, enhance and maintain the quality of the environment, conserve natural resources and prevent water and air pollution by providing for a comprehensive, rational and effective means of regulating the disposal of solid waste in the Town of Cumberland in accordance with the provisions of 38 M.R.S.A. § 1305, as amended.

§ 235-3 Definitions.

For the purposes of this article, the following definitions shall be observed in the construction of this article:

ASHES

The residue from the burning of wood, coal, coke or other combustible material.[1]

DISPOSAL

The discharge, deposit, dumping or placing of any solid waste into or on any land.

HAZARDOUS WASTE

A waste substance or material in any physical state designated as hazardous by the terms of a certain waste handling agreement between the municipality and EcoMaine.[2]

INFECTIOUS WASTE

Includes those wastes so defined by the solid waste management regulations promulgated by the Department of Environmental Protection pursuant to 38 M.R.S.A. § 1304.

MUNICIPALITY

The Town of Cumberland.

RESOURCE RECOVERY

The recovery of materials or substances 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.

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, but shall not include septage tank sludge or agricultural or hazardous wastes.

SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)

Any land or structure or combination of land area and structures, including dumps and transfer stations, used for storing, salvaging, reducing, incinerating or disposing of solid waste.

[1] Editor's Note: The definition of "Board" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-4 Solid waste disposal facility. [1]

In accordance with the provisions of 38 M.R.S.A. § 1305, the Town hereby designates the EcoMaine facility, 64 Blueberry Road, Portland, Maine, as its solid waste disposal facility for the purposes cited in the definition of "solid waste disposal facility" in § 235-3 of this article. Subsequent to completion of the disposal facility or such other date as may be established by the Town Council, the dumping or depositing of any solid waste generated within the municipality by any person at any place other than at this designated disposal facility or approved transfer station is prohibited; provided, however, that the owner of any lot, or any other person with the permission of the lot owner, may deposit or dump inert substances such as earth, rocks, concrete or similar material for fill purposes only, subject to state or local land use regulations.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-5 Administration.

A. The Town Council shall establish the rules and regulations governing the availability and use of the disposal facility.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. The operation of the disposal facility shall conform to all pertinent regulations or directives of all local, county, state or federal agencies which may have jurisdiction.

§ 235-6 Restrictions.

A. No person, firm or corporation shall permanently dispose of waste or refuse of any kind upon any land within the corporate limits of the Town of Cumberland, unless such land has been designated by the Town Council as a solid waste disposal facility.

B. Certain materials may be excluded by regulation from those refuse materials which may be deposited at a solid waste disposal facility. These excluded materials may include junk automobile bodies and similar bulky waste which may require special processing prior to disposal, trees and tree trunks and limbs, burning materials or materials containing hot or live coals, hazardous wastes, and other materials which the Town deems necessary to exclude. Hazardous wastes shall be handled in accordance with Title 38 of the Maine Revised Statutes Annotated.

C. Except for licensed disposal of hazardous or infectious wastes, it shall be unlawful for any person, firm or corporation to burn or incinerate any solid waste within the Town other than trees, tree limbs, leaves and other wood waste.

§ 235-7 Rules and regulations.

A. Authorized disposal facility users. The availability and use of the disposal facility shall be limited to residents of the municipality and to those residents of any other municipality which may, by mutual agreement, be authorized to use the disposal facility. As a means of user control, the municipality shall distribute vehicle permits to authorized users which shall be affixed to user vehicles. Failure to exhibit such permit shall result in denial of use of the facility.

B. Resource recovery. The municipality may require solid waste to be separated into such categories as may be established by Town regulation and disposed of only in such manner and at such sites and locations as designated.

C. Property rights. Any solid waste deposited within the disposal facility shall become the property of the municipality or EcoMaine, pursuant to the terms of said waste handling agreement. No one shall salvage, remove, or carry off any such deposited solid waste without prior approval of the municipality.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-8 License fees. [1]

The Town Council may establish by order a schedule of license fees to be charged to commercial refuse collectors for the use of the disposal facility, which schedule shall be posted and published. All fees collected shall be for the use of the Town of Cumberland. Any license granted hereunder may be revoked upon any violation of this article.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-9 Enforcement. [1]

It shall be the duty of the Town Council or its designee to enforce the provisions of this article.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-10 Violations and penalties.

Whoever violates any of the provisions of this article shall be punished by a fine of not more than $100 plus costs, which fine shall be recovered on complaint to the use of the Town.

Article II Collection and Recycling

[Adopted 10-1-1988; amended 6-26-1989]

§ 235-11 Definitions and word usage.

A. 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;[1]

(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.[2]

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.

COMMERCIAL OR INDUSTRIAL SOLID WASTE AND RECYCLABLE MATERIALS

Solid waste and recyclable materials generated by a commercial or industrial use or activity.

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.[3]

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.[4]

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.[5]

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.

SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)

Any land area or structure or combination of land area and structures, including dumps, used for storing, salvaging, processing, reducing, incinerating or disposing of solid waste.

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.[6]

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.[7]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: The definition of "RWS" (Regional Waste Systems, Inc.) which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[7] Editor's Note: The definition of "white goods" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. In this article, the singular shall include the plural, and the masculine shall include the feminine and the neuter, except where the context indicates differently.

§ 235-12 Unlawful accumulation of solid waste.

From and after the effective date of this article and for reasons of health and sanitation, it shall be unlawful, except as provided for under § 235-20, for any person to accumulate or permit to accumulate upon private property in the Town garbage, rubbish, combustible or incombustible refuse, white goods, or other solid waste generated within said Town, excepting inert fill material.

§ 235-13 Unlawful disposal of solid waste.

It shall also be unlawful for any person to dispose of within the limits of the Town any refuse, garbage, recyclable materials, rubbish, white goods, or other solid waste generated within said Town except in accordance with the terms of this article and Article I, Flow Control, of this chapter.

§ 235-14 Curbside collection from residences. [1]

A. The Town shall collect acceptable waste and recyclable materials from all residences in the Town as provided in this article; the Town shall not collect commercial or industrial solid waste and recyclable materials.

B. The Town may enter into a contract or contracts with one or more commercial haulers, which shall be known as "authorized commercial haulers," for the collection and transport of acceptable waste and recyclable materials from residences in the Town as provided for in this section. Any such contract shall require the authorized commercial hauler to transport recyclable materials directly to the party or parties as designated by the Town Council. In addition to any requirement that may be imposed by state law, rules and regulations, any such contract shall require a commercial hauler to post a performance bond in the amount of $50,000 to secure its performance of said contract for the collection of acceptable solid waste and shall require a commercial hauler to post a performance bond in the amount of $25,000 to secure its performance of said contract for the collection of recyclable materials.

C. Occupants of residences within the Town shall place acceptable waste and recyclable materials in suitable containers at curbside no later than 7:00 a.m. of the day of the scheduled Town collection. Town-designated trash bags shall be used for the disposal of all acceptable trash herein defined. Suitable containers placed at curbside after such time shall be considered as being intended for collection and as such shall be collected by none other than an authorized commercial hauler. All suitable containers shall be covered or securely tied so as to prevent spillage, windblown littering, or the ingress or egress of flies, rats or vermin.

D. For purposes of this article, "curbside" refers to that portion of a right-of-way adjacent to paved or travelled Town ways and private roads, provided that the owner or owners of each residence abutting such private road have given the Town permission to enter upon the road for the purpose of the collection of acceptable waste and recyclable material and have agreed to release the Town from liability and to defend, indemnify and hold harmless the Town against any and all claims, damages, actions, causes of action, judgments and costs, including attorney fees, for any personal injury (including death) or property damage arising out of or resulting from said collection to the extent such personal injury or property damage is caused by the failure of the private road to be kept in repair so as to be safe and convenient for travelers with motor vehicles.

E. Care shall be taken in the loading or unloading of acceptable waste and recyclable material so that none is scattered or spilled during its collection, transport and disposal; any acceptable waste or recyclable material so spilled shall be immediately cleaned up and removed by the Town or, if it has contracted with a commercial hauler, by the authorized commercial hauler.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-15 Commercial haulers.

A. Commercial hauler's license required. It shall be unlawful for any person to haul, transport, collect, remove and dispose of garbage, refuse, recyclable materials, rubbish, white goods or other solid waste generated within the Town for a fee without first securing a commercial hauler's license. The Town, upon application and after investigation, may issue a commercial hauler's license for a period of one year.

B. Annual commercial hauler's license; fee. The fee for an annual commercial hauler's license shall be established by order of the Town Council. Any person desiring to secure such a license shall present a written application accompanied by the fee to the Town Clerk; such license shall be issued only after due and proper investigation and recommendation of the Chief of Police and after approval by the Town Council.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See Ch. 84, Fees and Fines.

C. Application. An application for an annual or a limited commercial hauler's license shall contain the following information:

(1) The name of the applicant;

(2) The applicant's residence;

(3) The address of the applicant's place of business; and

(4) A description of equipment to be used.

D. Place of deposit of solid waste and recyclable materials. The commercial hauler shall deposit acceptable solid waste and recyclable materials at the EcoMaine facility or at any other solid waste disposal facility or facilities as may be designated by the Town Council and shall deposit recyclable materials at a location designated by the Town Council.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. Regulation of commercial haulers. All commercial haulers shall comply with the following regulations:

(1) Commercial haulers must furnish the Town or its appointee with a collection and route schedule.

(2) Trucks or other vehicles used for the transportation of garbage or other garbage mixed with refuse shall be of the compactor type, watertight, with an enclosed cargo space. Collection of dry refuse, rubbish, recyclables, and other solid waste materials is permitted in open trucks that can be covered. No trucks or other vehicles shall be permitted to scatter any of the contents on any of the streets, highways, or roads of the Town. Trucks used to haul garbage, refuse, recyclables, materials, rubbish, or other solid waste materials over the streets of the Town must be maintained in a clean and sanitary condition and shall meet all of the requirements of the Town or appropriate state agency where applicable. The trucks may be inspected at any time during normal collection hours by the Public Services Director or his designee. Any deficiencies must be corrected within 48 hours by the commercial hauler.

(3) Trucks must be cleaned before handling recyclable materials.

F. License denial and revocation. Licenses and renewals of licenses shall be denied and any license issued pursuant to the provisions of this article shall be revoked by the Town Council upon failure of the licensee to comply with any of the provisions of this article or with any of the regulations of the State of Maine Department of Environmental Protection relating to the collection and disposal of garbage, refuse, recyclable materials, rubbish, white goods, and any other solid waste materials.

§ 235-16 Agreements.

A. Any agreement for the collection, transportation and disposal of commercial or industrial solid waste and recyclable materials shall be by private contract between the person and the commercial hauler licensed for the purpose of collecting, removing, hauling and disposal of such garbage, recyclable materials, refuse, rubbish, white goods and other solid waste materials.

B. Any agreements for the removal and collection of recyclable materials must provide that materials will be received by the Town or its designee in marketable condition.

§ 235-17 Use of designated solid waste disposal facility required. [1]

A. In order to end the objectionable practice of littering the countryside with rubbish and in order to eliminate unhealthy and unsanitary conditions due to improper dumping and disposition of garbage, rubbish, refuse, and other solid waste materials, except as provided in § 235-20 hereof, it shall be unlawful to dispose of garbage, rubbish, refuse, and other solid waste materials generated within the Town at any solid waste disposal facility other than one which has been approved and designated by the Town Council.

B. The Town shall inform all persons of the location of the solid waste disposal facility or facilities and of residential curbside collection of acceptable waste and recyclables by adequate public notice in writing or print. Improper disposition of the components of waste shall constitute failure to comply with this article. It shall also be unlawful, within the intended effect of this section, for any person to place, leave, or deposit at the entrance of, or along the perimeter fence of, the Town's solid waste facility or facilities any garbage during or outside of the hours of the day and the days of the week which the Town Council has determined those facilities open for the disposal of solid waste materials.[2]

[2] Editor's Note: Original Sec. 8, which immediately followed this section and dealt with the Chebeague Island municipal solid waste disposal facility, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-18 Disposal of wood products. [1]

A. Limits on use of Town wood products area. Only residents of the Town, owners of property located within the Town and the owners and operators of commercial and industrial uses or activities located within the Town may dispose of wood products in the Town wood products area located at Drowne Road.

B. Disposal regulations.

(1) Disposal shall occur only during those times determined from time to time by vote of the Town Council and only in the presence of a Town employee or agent.

(2) Every Town employee or agent who supervises the disposal of wood products at the Town facilities is authorized and directed to:

(a) Inspect the materials to be disposed of and require such evidence as is necessary to ensure that the materials being disposed of are wood products.

(b) Collect the fee described hereinafter.

(c) Turn away or refuse entry to any person who does not meet the requirements of this article and any material which does not meet the requirements of this article.

C. Identification required.

(1) In addition to the requirements set forth above, no person shall be permitted to dispose of wood products in the Town facilities unless the vehicle in which the waste materials are transported displays a current sticker permanently affixed to the vehicle in a prominent location on the vehicle.

(2) Identification stickers for the use of the Town wood products area and Town garage may be obtained from the Town Clerk at a cost established by order of the Town Council. Stickers shall be good for the calendar year only.

D. Fees. The Town Council shall from time to time set reasonable fees for use of the Town facilities in Cumberland.

E. Penalties for violations. Any person who shall violate or fail to comply with any of the provisions of this section:

(1) Shall pay a civil penalty of up to $200 for each violation;

(2) Shall pay the reasonable costs of the Town's efforts in establishing such violation(s);

(3) Shall pay the actual costs of removal of any waste deposited in the Town-owned facilities in violation of this section; and

(4) May by order of the Town Council, after notice and hearing, be prohibited from using the wood products area for a period of up to two years.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 235-19 Dumps prohibited.

No person shall use or permit to be used any spot or place within the Town as a public or private dump for garbage, refuse, rubbish, or other solid waste materials generated within the Town.

§ 235-20 Accumulation of solid waste materials.

No persons shall accumulate garbage, refuse, recyclable materials, rubbish, or other solid waste materials generated within the Town upon private property in the Town except in such limited quantities and for such limited periods of time as shall ensure that no annoyance, nuisance, or health or fire hazard shall be created thereby. Compost piles or covered subsurface packaged garbage decomposing units such as a "Bardmatic" are permitted as long as no annoyance, nuisance, or health hazard is created by the presence of the same. Any unauthorized accumulation of garbage, refuse, recyclable materials, rubbish, or other solid waste materials generated within the Town on any premises in the Town for any reason whatsoever is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of garbage, refuse, recyclable materials, rubbish, or other solid waste materials within 30 days after the effective date of this article shall be deemed a violation of this section of this article.

§ 235-21 Rules and regulations.

The collection of garbage, refuse, recyclable materials, rubbish, or other solid waste materials generated within the Town and the disposal thereof shall be subject to such reasonable rules and regulations as may from time to time be promulgated by the Maine Department of Environmental Protection and/or the Town Council.

§ 235-22 Violations and penalties. [1]

Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 and costs of prosecution. Each day's continuance of a violation of this article shall constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).