The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
All waste as identified by the Public Works Director annually
in accordance with existing disposal agreements, disposal facility
acceptance requirements, and permit authorizations.
All acceptable recyclables as identified by the Public Works
Director annually in accordance with existing recycling agreements,
recycling facility acceptance requirements, and permit authorizations.
A sixty-five-gallon solid waste container available through
the alternate voluntary solid waste service established under Sec.
58-35(a)(1)a2.
[Added 7-7-2020 by Ord. No. 2020.51]
That residue from the burning of wood, coal, coke or other
combustible materials.
The City of Biddeford, Maine.
A City-owned building or container or designated area in
which acceptable waste is disposed of for transshipment to another
facility for disposal or material recovery.
Any solid waste originating and/or generated within the boundaries of the City by any business, firm or person identified as paying personal property taxes through the City Assessor's records or required to obtain a business license under the City's definitions of licensed activities, excepting licenses for waste hauling only. For the purpose of this chapter, this includes public organizations and facilities except for parish houses, parsonages and churches; parish halls; mobile home parks; and condominiums and multifamily dwellings of six units or more. This definition excludes "grandfathered facilities.” This definition excludes home occupations as defined and described in Article VI, Section 38, of the Biddeford Zoning Ordinance, being clearly secondary and incidental to the primary residential use.
[Amended 3-3-2015 by Ord.
No. 2015.10]
A portable container provided by the City for the sole purpose
of storing acceptable municipal waste prior to curbside collection.
Bags designated for overflow are also considered designated municipal
solid waste containers.
A portable container provided by the City for the sole purpose
of storage of acceptable recyclables prior to curbside collection.
The discharge, deposit, injection, dumping, leaking, spilling
or placing of any solid waste into or on any land or water.
The facility or facilities controlled or designated by the
City for the storage and/or disposal of wastes.
A facility which processes and recovers energy from acceptable
waste generated within the City.
Any property that would otherwise generate commercial garbage,
rubbish, or waste and both 1) currently receives curbside trash collection
services from the City and 2) the owner of the property has not changed,
as of July 1, 2002. The following condominium locations also shall
be grandfathered facilities: 1) 318 Alfred Street; 2) 100 Hills Beach
Road; 3) 9 Lester B. Orcutt Boulevard; 4) 55 West Street; and 5) 91-93
Western Avenue.
[Amended 3-3-2015 by Ord.
No. 2015.10]
The waste substance or material, in any physical state, designated
as hazardous by federal, state or local laws; waste material that
exhibits characteristics of hazardous waste, as defined in RCRA (ignitability,
corrosivity, reactivity, or toxicity), is listed specifically in RCRA
261.3 Subpart D, is a mixture of either, or is designated locally
or by the state as hazardous or undesirable for handling as part of
the municipal solid waste and would have to be treated as regulated
hazardous waste if not from a household.
Each residential unit regardless of whether the residential
unit is owned by an individual or business entity.
Any acceptable waste originating and/or generated within
the boundaries of the City, at the site of generation by a homeowner
or occupant. For the purpose of this chapter, this does not include
commercial garbage, rubbish, or waste except that waste generated
from a grandfathered facility.
That volume of acceptable municipal solid waste in excess
of the volume of the designated municipal solid waste container.
Placing uncontaminated recycling containers at the curb for
pickup shall serve as prima facie evidence that the facility has compliance
with its performance-based recycling plan. This determination may
be made each time a container is placed for collection.
[Added 3-5-2019 by Ord.
No. 2019.11]
A recycling management plan for each facility shall contain
a minimum of five elements, to include:
[Added 3-5-2019 by Ord.
No. 2019.11]
A written plan.
The facility owner's contact information.
A single point of contact for recycling matters.
The facility address.
A plan that includes a method or procedure to ensure only acceptable
recycling materials are placed in the recycling container for curbside
collection.
A privately owned building or container or designated area
in which waste is temporarily deposited and stored for transshipment
to a disposal facility.
Any street, lane, road or other roadway not considered a
public way.
Any street, lane, road, or other roadway accepted by the
City Council as a public way.
The recovery of materials or substances that still have useful
physical or chemical properties after serving a specific purpose and
can be reused or recycled for the same or other purposes.
Any person involved in the collection and transportation
of self-generated recyclable material or 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 septic
tank sludge or agricultural or hazardous wastes.
All solid waste of the type municipalities are required to
regulate by 38 M.R.S.A. § 1305, as amended, which specifically
excludes industrial and sewage treatment plant sludge, and not included
in the definition of "acceptable waste."
Any person, firm or corporation which collects residential,
institutional, commercial and/or industrial waste for a fee and transports
it to a central collection or disposal facility and any person, business
or institution which transports its own waste to the designated disposal
facility.
Major appliances, such as refrigerators, stoves, freezers,
washing machines and dryers, generally having a bulk in excess of
10 cubic feet or a single dimension exceeding five feet.
This chapter is enacted pursuant to the authority granted in
30-A M.R.S.A. §§ 2001, 2002 and 3001 and 38 M.R.S.A.
§ 1304-B.
(a)
The City has a statutory obligation to provide solid waste disposal
services for domestic and commercial waste generated within the City
and is authorized to provide such a facility for industrial waste
and sewage treatment plant sludge, pursuant to 38 M.R.S.A. § 1305(1).
Municipal solid waste contains valuable recoverable resources, including
energy, which if recovered reduce the cost of solid waste disposal.
(b)
The City must exercise its legal authority to control the collection,
transportation and disposal of solid waste generated within its borders.
(c)
The City shall establish a system of regular collection, subject
to the requirements of this chapter, for all household garbage and
rubbish and recyclables, all as defined herein. The City will not
collect commercial garbage and rubbish, and such commercial garbage
and rubbish shall be removed from the premises and disposed of at
the expense of the owner or occupant of such premises. The City shall
not collect otherwise eligible waste from residences located on private
ways unless it is brought to the intersection of the private way and
a public way and otherwise complies with all other requirements of
this article. The Director of Public Works is expressly granted the
authority to issue rules or regulations governing the collection of
containers on private ways, streets that are too narrow to allow for
routine collection, and for dead-end streets where it is impractical
for the collection trucks to service the containers.
The accumulation, collection, transportation and disposal of
the following materials generated within the City shall be regulated
in the following manner:
(1)
All acceptable solid waste generated within the City from eligible
residential customers and grandfathered facilities shall be placed
in a designated solid waste container and collected by the City at
curbside on a weekly basis.
[Amended 3-3-2015 by Ord.
No. 2015.10; 3-5-2019 by Ord. No. 2019.11]
(2)
All acceptable recyclable materials from eligible residential customers,
and grandfathered facilities if applicable, shall be placed in a designated
recycling container and collected by a City authorized commercial
hauler at curbside on a weekly basis.
[Amended 3-3-2015 by Ord.
No. 2015.10]
(3)
All recyclable materials designated as acceptable for delivery to
the Biddeford Recycling Center may be delivered to the facility by
any entity.
(4)
All unacceptable waste generated within the City shall be deposited
in a manner prescribed elsewhere in this chapter and or as specified
by the Director of Public Works.
(5)
All commercial waste shall be regulated in accordance with the most
recent version of the International Property Management Code adopted
by the City of Biddeford.
(a)
All solid waste collected by City vehicles or deposited at the City
transfer station or other designated area shall become the property
of the City or its assignee. No one may salvage, remove or carry off
any such waste without prior approval of the Director of Public Works
in accordance with a policy approved by the Biddeford City Council.
(b)
All recyclable materials collected by a City-authorized commercial
hauler shall become the property of the City-authorized commercial
hauler unless otherwise specified in a written contract.
This chapter shall be administered as described below:
(1)
City Council: Adopt reasonable rules and regulations as needed to
enforce this chapter and institute any necessary proceedings, either
legal or equitable, to enforce this article.
(2)
City Clerk: To consider all license applications and to grant or
deny each application within 10 days after receipt of a completed
application at the City offices or a later time as deemed reasonable
by the City Clerk and the applicant.
(4)
Director of Public Works:
a.
The collection, transportation and disposal of all waste generated
within the municipality shall be under the supervision and direction
of the Director of Public Works.
b.
The Director of Public Works shall establish a collection schedule
that will allow for the collection of acceptable municipal solid waste
and acceptable recyclable materials on a regular basis and may make
periodic changes to the schedule as may be needed to facilitate the
program in an efficient and effective manner.
c.
The Director of Public Works shall determine the manner in which
unacceptable waste shall be managed and deposited.
d.
The Director of Public Works or designee shall ensure that a reasonable
attempt is made to provide appropriate notice to affected parties
upon adoption of material changes to this chapter.
[Added 3-5-2019 by Ord.
No. 2019.11]
(5)
Solid Waste Management Commission.
a.
To review the City's waste collection and management policies and
propose revisions as may be needed to facilitate the City's comprehensive
solid waste management plan, and reduce costs to the taxpayers of
the City.
b.
Evaluate, propose, and conduct education and outreach to facilitate
the program in an efficient and effective manner.
The accumulation, collection, transportation and disposal of
solid waste, both acceptable and unacceptable, generated within the
City of Biddeford shall be regulated in the following manner:
(1)
Such City collection will be limited to properties whose primary
use is residential in nature.
(2)
The operating hours and general administration of the City transfer
station shall be set by the City Council, except for holidays or emergencies
where the Director of Public Works would have the authority to set
emergency hours.
(3)
When a holiday falls upon the day of collection, or severe weather
necessitates cancellation of collection services, recycling services
for the residents on that day's route will be collected on the following
Saturday. Collection of waste shall be on the next day following the
cancellation.
(4)
In the event of two or more collection service cancellations in one
week, the Public Works Director shall publish an emergency collection
schedule, which may include, but may not be limited to, no collection
for one or more routes with collection occurring on the next week's
regular schedule. The requirement that all acceptable municipal solid
waste fit in the designated municipal solid waste container shall
be waived during emergency collection events.
(5)
All grandfathered facilities shall submit a written performance-based
recycling plan to the Director of Public Works as identified by the
following schedule:
[Added 3-5-2019 by Ord.
No. 2019.11]
(1)
Grandfathered facilities shall submit a written performance-based
recycling plan within 30 days of the effective date of this subsection.
(2)
A written performance-based recycling plan shall be submitted to
the Code Enforcement Office. The method of delivery may include plans
submitted via email, fax, regular mail or hand delivery.
(3)
The Code Enforcement Office shall identify any deficiencies, in writing,
along with a due date for a response/corrective action and may request
a plan modification upon failure to provide a performance-based demonstration
of compliance.
(6)
Residential property owners shall be issued a recycling container and are responsible for compliance with the rules and restrictions for its use, including the separation of acceptable recyclable materials as defined in this Chapter 58 (the "Recycling Rules"). Violations are subject to the provisions of Section 58-9.
[Added 10-18-2022 by Ord. No. 2022.84]
(a)
Evaluation of private ways for municipal waste collection and curbside
collection of acceptable recyclables shall be reviewed through the
variance process. The Director of Public Works may, on written application,
grant a variance from a specific provision of this chapter in specific
cases, subject to appropriate conditions, where such variance is in
harmony with the general purpose and intent of this chapter. Such
variance, if granted, shall remain valid until such time as the condition
or conditions warranting the variance are no longer valid. As an example
and for the avoidance of doubt, the sale of property or the assignment
of a new tenant shall terminate the variance, at which time the new
property owner or tenant may apply for a variance.
(b)
A grandfathered facility, excluding grandfathered condominium facilities,
shall no longer be eligible to receive municipal curbside collection
services following the date upon which ownership of the property changes
or the property becomes otherwise ineligible for services.
[Amended 3-3-2015 by Ord.
No. 2015.10]
[Amended 3-5-2019 by Ord.
No. 2019.11; 10-18-2022 by Ord. No. 2022.84]
(1)
Any person who violates any portion of this chapter shall be subject to penalties and enforcement as authorized under the provisions of City of Biddeford Ordinance, Sec. 1-12, General penalty for violation of Code; continuing violations.
(2)
In no event does this section limit the City's ability to address
a nuisance or take other action for equitable relief.
(3)
Any grandfathered facility that generates two documented violations
of Sec. 58-32, Mandatory separation, within any twelve-month period,
shall result in the loss of City curbside trash collection and recycling
services.
[Amended 3-5-2019 by Ord.
No. 2019.11; 10-18-2022 by Ord. No. 2022.84]
This chapter shall be enforced by the Public Works Department,
authorized commercial hauler, and Code Enforcement Office as further
described below.
(1)
Any unacceptable material placed in the City-issued recycling bin
for curbside pickup as set forth in the Recycling Rules shall be subject
to the following cumulative enforcement provisions:
a.
Upon
the first offense within any twelve-consecutive-month period, the
issued recycling container will be removed from the curb and placed
on the offender's property. A notice will be placed on the container
that outlines the violation, along with a contact number of a Public
Works staff member. A member of the Department of Public Works will
attempt to contact the building owner to arrange for delivery of a
brochure that outlines and explains the proper recycling rules. Staff
will also advise the property owner of the consequences of further
violations.
b.
Upon
the second offense within 12 months of the first offense, the recycling
tote will be pulled away from the curb and placed back on the offender's
property. A tag will be placed on the container that outlines the
violation as a second offense. This will also serve as a warning of
the potential loss of curbside services if a third infraction occurs
within a period of one year.
c.
Upon the third offense within 12 months of the second offense, the resident shall lose recycling curbside service. The Codes Department will be notified to allow enforcement action. Contact will be made with the building owner explaining that they have lost all curbside recycling privileges. City staff will explain other options. If there is a loss of recycling service and privileges as a result of noncompliance with the Recycling Rules, the resident who has lost such privileges will be required to lease a larger solid waste bin as described in Section 58-35 to replace both the recycling and the solid waste receptacles and pay the fee set forth in Section 58-35. Such penalty shall be resident specific, and if the resident at said location changes either due to a change in the tenant or a change in the owner/resident of such property, the new resident shall return the larger solid waste receptacle and be provided with receptacles as set forth in Section 58-35.
(2)
Upon observation of failure to place only acceptable municipal solid
waste in the designated solid waste container, the receptacle will
not be collected and a warning notice shall be placed on the appropriate
designated container by the Public Works Department or City-authorized
commercial hauler.
a.
The address, date, and nature of the nonconformance shall be forwarded
to the Director of Public Works and the Code Enforcement Officer.
b.
The Director of Public Works and Code Enforcement Officer shall document
and review each nonconformance and determine the appropriate enforcement
action.
1.
Nonconformance notices corrected prior to the next scheduled collection
date shall be closed with no further action except as otherwise identified
in Sec. 58-9.
2.
Failure to correct a nonconformance notice prior to the next scheduled
collection date or two or more consecutive nonconformance events in
any twelve-month period shall warrant direct contact with the property
owner and responsible party to document education and outreach, except
as otherwise identified in Sec. 58-9.
3.
Nonconformance notices issued after contact and education shall be subject to penalties as per Section 58-9.
4.
Enforcement for the performance-based recycling plan requirement
and performance-based demonstration of compliances shall commence
relative to the applicable timelines specified in Sec. 58-7.
(3)
Upon determination by the Code Enforcement Officer that a violation
of this chapter exists or has occurred, the Code Enforcement Officer
shall give written notice of the violation to the violator, which
notice shall specify the section violated, the nature of the violation,
and a reasonable time period to cure the violation.
The provisions of this chapter shall supersede all other local
laws, ordinances, resolutions, rules or regulations contrary thereto
or in conflict therewith. If provisions of this chapter, or the applicability
thereof to any person or circumstance, shall be held invalid, the
remainder of this chapter and the application thereof shall not be
affected thereby.
