The City shall provide a disposal facility (also referred to
in this article as "transfer station") for the receipt of unacceptable
waste other than hazardous waste. This article sets out the procedure
for the operation of the transfer station, to be operated by the City
of Biddeford Public Works Department.
[Amended 7-18-2017 by Ord. No. 2017.73]
Any resident, taxpayer, commercial entity, or property owner of the City of Biddeford may dispose of any material as listed in Section 58-64 by disposing of it at the transfer station. Materials identified in Section 58-64(a)(1) and (11) and (b) shall only be acceptable if the materials have come from a property located within the limits of the City of Biddeford.
[Added 4-1-2014 by Ord. No. 2014.25; amended 12-20-2022 by Ord. No.
2022.107]
The transfer station shall be open Wednesday through Saturday
and closed on Sundays, Mondays and Tuesdays. The hours of operations
shall be set by the Public Works Director but shall not exceed 40
hours per week. The Director may modify this schedule to accommodate
special circumstances.
(a)
Free disposal:
(1)
Residents may dispose of up to one yard of household items in
any one day for free (furniture, stereos, lamps, fixtures, etc.).
Any additional loads of household items may be disposed of for a fee
of $20 per yard.
[Amended 3-19-2019 by Ord. No. 2019.12]
(2)
Up to four tires per year from Biddeford residents.
(3)
Twice a year, for two-week intervals, residents will be allowed
to deliver up to one cubic yard per delivery of construction materials
and/or wood debris.
(4)
Wet cell and dry cell batteries.
[Added 4-1-2014 by Ord. No. 2014.25]
(5)
Metals (items that have had the Freon removed by licensed vendors
must show a certificate of proper removal for free disposal of the
item at this facility).
[Added 4-1-2014 by Ord. No. 2014.25]
(6)
Cardboard.
[Added 4-1-2014 by Ord. No. 2014.25]
(7)
Plastic Nos. 1 and 2.
[Added 4-1-2014 by Ord. No. 2014.25]
(8)
Paper/magazines.
[Added 4-1-2014 by Ord. No. 2014.25]
(9)
Glass (jars and bottles).
[Added 4-1-2014 by Ord. No. 2014.25]
(10)
Tin cans.
[Added 4-1-2014 by Ord. No. 2014.25]
(11)
Grass clippings, leaves, brush and branches.
[Added 4-1-2014 by Ord. No. 2014.25]
(12)
Waste motor oil.
[Added 4-1-2014 by Ord. No. 2014.25]
(13)
Telephone books.
[Added 4-1-2014 by Ord. No. 2014.25]
(b)
Fees.
[Amended 4-1-2014 by Ord. No. 2014.25][1]
(1)
Fees for the disposal of the following acceptable items will
be charged at cost. Note: "At cost" means that the charges for the
disposal of the following items will be based upon the previous quarter's
actual disposal costs incurred by the City for the particular item.
Any person required to obtain a license under this chapter and
not in possession of such a license as of the effective date of this
chapter shall have 60 days from the date of adoption of the ordinance
from which this chapter derives to secure such license, which shall
become effective on the date specified therein.
(1)
No person, business, firm, corporation, institution or industry shall
transport solid waste, swill, offal, garbage or other like waste substances
over public ways within the City except in completely enclosed containers
or vehicles. Such containers or vehicles shall be kept tightly covered
and secured to prevent any spillage on the public ways. No such container
or vehicle shall be permitted to become foul or offensive.
(2)
Any person, firm, corporation, institution, industry or business
that collects, transports or disposes of acceptable waste or unacceptable
waste (i.e., solid waste, garbage, swill, offal, rubbish, scrap metals,
junk, refuse, inert fill material, landscape refuse or other like
waste substances) generated within City limits, other than a self-hauler
handling only materials generated by the hauler, must first obtain
a waste hauler license on an annual calendar-year basis being in effect
from January 1 through December 31, from the City Clerk, in accordance
with this section.
(3)
Any person or other entity required by this chapter to obtain a waste hauler license shall make application to the City Clerk on an annual basis, providing the information required on the proper form approved by the City Clerk. Each application shall be accompanied by a nonrefundable application and vehicle fee as listed in Chapter 22, Section 22-11.
(4)
The application for a waste hauler license under this section shall
contain all information required by the City Clerk, including, but
not limited to:
a.
A description of the activity, e.g., collection, transport or disposal
of acceptable and/or unacceptable waste,
b.
The type and amount of waste handled in each service area,
c.
A description of the facility operated and used, and an equipment
inventory, including, for vehicles, a description of the make, model
and year of each vehicle used for the collection or transportation
of solid waste,
d.
Proof of insurance for each vehicle,
e.
A list of customer names and addresses,
f.
A signature by the applicant as verification that he/she has read,
understands and will abide by all provisions of this chapter.
(5)
If the City Clerk, in consultation with the Code Enforcement Office,
determines the application to be incomplete, the Code Enforcement
Office shall notify the applicant, in writing, of the specific information
necessary to complete the application.
(6)
Each waste hauler license shall obtain a permit for each vehicle
used to haul such trash or waste covered by this chapter by affixing
a stamp or decal to each vehicle licensed, such stamp or decal to
be obtained from the City and affixed as instructed.
(7)
The Code Enforcement Office and the Department of Public Works shall
be informed immediately of any changes in, or additions to, equipment,
including vehicles.
(8)
If a new customer is acquired or an existing customer is lost during
the course of the year, the licensee will notify the Code Enforcement
Office and the Department of Public Works of such customer's name
and address. The notices required by this section shall be submitted
within 30 days of such change in customer accounts of the licensee.
(9)
Regular employees of the Public Works Department and authorized commercial
hauler vehicles performing municipal collection duties are exempt
from the requirements of this section.
(a)
Licenses issued under this article are not transferable.
(b)
All licenses issued under this article shall expire each December
31, unless otherwise stated on the license or revoked or suspended
sooner in accordance with the provisions of this article. Licenses
granted after July 1, 2013, and prior to December 31, 2013 shall expire
December 31, 2014.
The City Clerk may deny a license application under this article,
in consultation with the Code Enforcement Office, upon a finding that
the applicant:
(1)
Has not made adequate provision for the control of offensive odors
or has not made adequate provision to prevent air and water pollution.
(2)
Has not previously secured any necessary state or federal permits.
(3)
Has failed to respond to inquiries relative to the source of waste
or the location of waste generators during periods of time when the
Director of Public Works or his designee is monitoring or verifying
eligible curbside collection locations for residential collection.
Failure to respond within 14 days of an inquiry shall be reason for
denial.
(4)
Has failed to transport waste loads in completely enclosed containers
or vehicles; such containers or vehicles shall be kept tightly covered
and secured to prevent any spillage on public ways.
(5)
Has failed to comply with any other provisions of this article.
(a)
The City Clerk may not refund any portion of the fee if the license
is suspended or revoked.
Any license issued under this article may be suspended or revoked by order of the City Council after benefit of a hearing in accordance with the procedures in Section 58-81, for the following causes:
(b)
Such hearings shall be held within 30 days after receipt of the written
request for a hearing.
(c)
The licensee or applicant shall be notified, in writing, as to the
time and place of the hearing at least 10 days prior to the hearing
date. The applicant or licensee has the right to be represented by
counsel, to offer evidence and to cross-examine witnesses, but the
hearing is not subject to rules of evidence or formal rules for adjudicatory
proceedings.
(d)
A determination shall be made by the City Council within 10 days
after the conclusion of the hearing, and notice of the decision shall
be served upon the applicant or licensee by registered mail, return
receipt requested.
(e)
The City Council's final determination relative to the denial, suspension
or revocation of a license and the period of suspension or revocation
shall take effect as provided in the notice unless, at the time of
final determination, the City Council made it effective immediately.
The City Council's determination is conclusive. Notice of the final
determination shall set forth the reasons for the denial, suspension
or revocation and the effective dates thereof together with a statement
that such decision may be appealed as provided in this article.
(f)
Any controversy or claim arising out of or relating to the City Council's
determination may be appealed to the superior court pursuant to Maine
Rules of Civil Procedure, Rule 80B, within 30 days after the City
Council's final determination.
(a)
The City Clerk may grant a special license to a licensee for a limited
period and upon such terms and conditions as deemed appropriate, using
procedures deemed appropriate by the City Clerk.
(b)
In the event of a vehicle breakdown or emergency, upon furnishing
the same information required for a licensed vehicle, the licensee
may be issued a special temporary license for the replacement vehicle
at no charge.
(c)
The City Clerk shall be notified immediately, by the licensee, of
any changes in or additions to equipment, including vehicles.
