[HISTORY: Adopted by the Town of Cumberland as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-8-1985]
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."
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.
For the purposes of this article, the following definitions
shall be observed in the construction of this article:
The residue from the burning of wood, coal, coke or other
combustible material.[1]
The discharge, deposit, dumping or placing of any solid waste
into or on any land.
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]
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.
The Town of Cumberland.
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.
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.
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.
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.
A.Â
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.Â
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.Â
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.
A.Â
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.Â
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.Â
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]
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.
It shall be the duty of the Town Council or its designee to
enforce the provisions of this article.
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.
[Adopted 10-1-1988; amended 6-26-1989]
A.Â
ACCEPTABLE WASTE
(1)Â
(a)Â
(b)Â
(c)Â
(2)Â
AUTHORIZED COMMERCIAL HAULER
COMBUSTIBLE REFUSE
COMMERCIAL HAULER
COMMERCIAL OR INDUSTRIAL SOLID WASTE AND RECYCLABLE MATERIALS
CONSTRUCTION DEBRIS
DAY OF SCHEDULED TOWN COLLECTION
FACILITY
GARBAGE
HAZARDOUS WASTE
INCOMBUSTIBLE REFUSE
INERT FILL
OCCUPANT
PERSON
PROCESSED WASTE
RECYCLABLE MATERIALS
REFUSE
RESIDENCE
RESOURCE RECOVERY
RUBBISH
SOLID WASTE
SOLID WASTE DISPOSAL FACILITY (DISPOSAL FACILITY)
SUITABLE CONTAINERS
TOWN
UNACCEPTABLE WASTE
WASTE
The following words and terms as used in this article shall have
the meaning ascribed thereto, unless the context indicates a different
meaning:
Ordinary household, municipal, institutional, commercial and
industrial solid waste, including but not limited to the following:
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]
Processible portions of commercial and industrial solid waste;
and
Wood and lumber, tree limbs, branches, ties, logs and trees, if no more than 4Â 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.
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]
A commercial hauler who has a contract with the Town to collect
and transport solid waste and/or recyclable materials.
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.
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.
Solid waste and recyclable materials generated by a commercial
or industrial use or activity.
Waste building materials resulting from construction, remodeling,
repair or demolition operations.
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.
The facility described in the waste handling agreement between
the Town of Cumberland and EcoMaine and subsequent amendments thereto.[3]
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.
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]
All discarded articles or materials except sewage, liquid
waste, garbage, and combustible refuse.
That material which does not chemically or biologically decompose,
i.e., sand, gravel, bricks, rocks, etc.
The person who has use or occupancy of any building or a
portion thereof, whether the actual owner or the tenant.
Any individual, firm, corporation, partnership, association,
municipality, quasi-municipal corporation, state agency, or any other
legal entity.
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.
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.
All combustible refuse and incombustible refuse referred
to collectively.
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.
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]
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.
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.
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]
The Town of Cumberland, Cumberland County, State of Maine.
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.
Items, materials or substances delivered to the facility
by the Town, its employees, agents or contractors.[7]
B.Â
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.
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.
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.
A.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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.Â
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]
D.Â
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]
E.Â
Regulation of commercial haulers. All commercial haulers shall comply
with the following regulations:
(1)Â
Commercial haulers must furnish the Town or its appointee with a
collection and route schedule.
(2)Â
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)Â
Trucks must be cleaned before handling recyclable materials.
F.Â
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.
A.Â
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.Â
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.
A.Â
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.Â
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]
A.Â
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.Â
Disposal regulations.
(1)Â
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)Â
Every Town employee or agent who supervises the disposal of wood
products at the Town facilities is authorized and directed to:
(a)Â
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)Â
Collect the fee described hereinafter.
(c)Â
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.Â
Identification required.
(1)Â
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)Â
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.Â
Fees. The Town Council shall from time to time set reasonable fees
for use of the Town facilities in Cumberland.
E.Â
Penalties for violations. Any person who shall violate or fail to
comply with any of the provisions of this section:
(1)Â
Shall
pay a civil penalty of up to $200 for each violation;
(2)Â
Shall
pay the reasonable costs of the Town's efforts in establishing
such violation(s);
(3)Â
Shall
pay the actual costs of removal of any waste deposited in the Town-owned
facilities in violation of this section; and
(4)Â
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.
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.
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.
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.
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.