[Ord. No. 25-1991, § 1-101, 9-10-1991]
(a)
The purpose of this chapter is to regulate the use of the City's
municipal solid waste (MSW) facility, municipal solid waste collection
and recycling in the City.
(b)
Solid waste processing and disposal in the City shall include source
separation. The separation and recycling of materials saves in disposal
costs, conserves materials, energy, and natural resources, and has
a longterm desirable effect on the environment. In order to increase
participation in recycling, and thereby make solid waste handling,
processing, and disposal more effective and less costly, this chapter
makes source separation mandatory. This chapter applies to all waste
generators who are served by the City's solid waste facility,
including residents of the City and owners and occupants of commercial,
industrial and public facilities located in the City and waste generators
in other municipalities which use the municipal solid waste facility
through an interlocal agreement.
(c)
Processing and disposal of waste not generated in the City is not
permissible at the City's waste disposal facility except through
an interlocal agreement with another municipality approved by the
City council. It is the waste generator's responsibility to separate
refuse, use proper on-site storage at the home, commercial, industrial
or public generation site, deliver refuse to the solid waste facility,
and properly dispose of refuse at the solid waste facility.
[Ord. No. 25-1991, § 1-102, 9-10-1991]
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 municipal solid waste generated within the City and listed in section 46-36 and such other wastes specifically approved by the state department of environmental protection for disposal at the City's facility.
The individual, generally an employee of the City, who is
the on-site supervisor of the day-to-day operations at a waste facility.
A person engaged in the commercial enterprise of transporting
waste from any source to the City's municipal solid waste facility.
Solid waste generated by stores, offices, restaurants, warehouses,
and other nonmanufacturing, nonprocessing activities, but it does
not include household, process, industrial or special wastes.
The biological decomposition and stabilization of organic
matter under controlled aerobic conditions of high temperature.
Debris resulting from construction, remodeling, repair, and
demolition of structures. It includes, but is not limited to, building
materials, asphalt, wall-board, pipes, metal conduits, mattresses,
household furniture, fish nets, rope, hose, wire and cable, fencing,
carpeting and underlay; it excludes asbestos and other special wastes.
See the Construction/Demolition Debris Law (38 M.R.S.A. § 421),
the Waste Discharge Law (38 M.R.S.A. § 413 et seq); and
38 M.R.S.A. § 591.
As defined in 38 M.R.S.A. § 1303-C(12), means the
discharge, deposit, injection, dumping, spilling, leaking or placing
of any hazardous or solid waste, sludge or septage into or on any
land or water so that the hazardous or solid waste, sludge or septage
or any constituent thereof may enter the environment or be emitted
into the air, or discharge into any waters, including groundwater.
Solid waste emanating from domestic and normal commercial
sources. Municipal solid waste does not include wastes removed from,
or not introduced to, these waste streams and which are regulated
as a "residual" under chapter 567 of the regulations of the state
department of environmental protection.
Any solid waste, sludge or septage that is not a hazardous
waste.
Any individual, association, partnership, firm, corporation
or other organization.
Any structure, machine, device, system or combination thereof,
other than collection or transfer vehicles and incinerators, designed
and operated to reduce the volume or change the chemical or physical
characteristics of solid waste. Processing facilities may employ shredding,
baling, mechanical and magnetic separation, composting or other techniques
to reduce or otherwise change the nature of solid waste requiring
ultimate disposal. Processing facilities may also recover reusable
or recyclable materials.
The separating, collecting and/or reprocessing of manufactured
materials or residues for reuse either in the same form or as part
of a different product.
Any solid, semisolid or liquid waste generated from a municipal,
commercial or industrial wastewater treatment plant, water supply
treatment plant, or wet process air pollution control facility, or
any other such waste having similar characteristics and effect, but
does not include industrial discharges that are point sources subject
to permits under section 402 of the Federal Water Pollution Control
Act, as amended (86 Stat. 880).
As defined in 38 M.R.S.A. § 1303-C(29), means 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, refuse-derived fuel, scrap materials, junk, refuse,
inert fill material, and landscape refuse, but not including hazardous
waste, biomedical waste, septic tank sludge, or agricultural wastes.
The fact that a solid waste or constituent of the waste may have value
or other use or may be sold or exchanged does not exclude it from
this definition.
Any solid waste facility used for the incineration, landfilling
or other final placement of solid waste.
A waste facility used by the City for the handling of solid
waste. It includes any land area, structure, container, or combination
of land area, structures or containers owned, leased, or used by the
City, or operated for the City, and used for storing, salvaging, processing,
reducing, composting, incinerating, and disposing of wastes.
As defined in 38 M.R.S.A. § 1301-C(34) means any
nonhazardous waste generated by sources other than domestic and typical
commercial establishments that exists in such an unusual quantity
or in such a chemical or physical state, or any combination thereof,
which may disrupt or impair effective waste management or threaten
the public health, human safety or the environment and requires special
handling, including the following:
Oil, coal, wood and multi-fuel boiler and incinerator ash;
Industrial and industrial process waste;
Wastewater treatment plant sludge, paper mill sludge and other
sludge waste;
Debris and residuals from nonhazardous chemical spills and cleanup
of those spills;
Contaminated soils and dredge spoils;
Asbestos and asbestos-containing waste;
Sand blast grit and nonliquid paint waste;
High and low pH waste;
Spent filter media residue;
Shredder residue; and
Other waste designated by the board by rule.
The placement or containment of solid waste on a temporary
basis in such a manner as not to constitute disposal of such wastes.
Any waste facility constructed and managed for storage and/or
processing and placement of municipal solid waste in large containers
or vehicles for movement to another waste facility.
As defined in 38 M.R.S.A. § 1303-C(40), means any
land area, structure, location, equipment or combination of them,
including dumps, used for handling hazardous, biomedical, or solid
waste, sludge or septage. A land area or structure shall not become
a waste facility solely because:
It is used by the owner for disposing of septage from his residence;
It is used to store, for 90 days or less, hazardous waste generated
on the same premises;
It is used by individual homeowners or lessees to openly burn
leaves, brush, dead-wood and tree cuttings accrued from normal maintenance
of their residential property, when such burning is permitted under
state law;
It is used by its residential owner to burn highly combustible
domestic household trash such as paper, cardboard cartons or wood
boxes, when such burning is permitted under state law.
Large appliances, including, but not limited to, stoves,
refrigerators, freezers, washing machines, clothes dryers, dishwashers
and air conditioners.
Brush, lumber, bark, wood chips, shavings, slabs, edgings,
slash, and sawdust which are not mixed with other solid or liquid
waste.
[Ord. No. 25-1991, § 1-113, 9-10-1991]
(a)
The penalty for non-separation of recyclables from unrecyclable goods
shall be $10 per bag. The fine shall be charged to and payable by
the person or business which brings the unrecycled waste to the facility
to be disposed of.
(b)
Any person who violates any other provision of this chapter shall
be penalized in accordance with the provisions of 30-A M.R.S.A. § 4452.
(c)
In addition, the City shall be entitled to all of the relief, including
its costs and legal fees, as allowed by 30-A M.R.S.A. § 4452.
Notwithstanding any provision to the contrary, including the provisions
of 30-A M.R.S.A. § 4452, the City shall be entitled to judgment
against any violator for its costs, expert witness fees, code enforcement
expenses and attorneys' fees incurred in enforcing this chapter.
(d)
The City shall also have the right to enforce this chapter through
civil action, either at law or equity. The enforcement provisions
contained in this section shall exist in addition to those which may
exist under state statutory law or Rule 80K of the Maine Rules of
Civil Procedure, or any other court rule or statutory provision.
(e)
Each and every day of violation shall constitute a new and separate
offense for which a minimum penalty of $100 shall be assessed.
[Ord. No. 25-1991, § 1-114, 9-10-1991]
This chapter is adopted pursuant to home rule powers as granted
in the state constitution, 30-A M.R.S.A. §§ 3351, 3352
and 3007, and 38 M.R.S.A. § 1305.
[Ord. No. 25-1991, § 1-111, 9-10-1991]
It shall be unlawful, and a violation of this chapter, for any
person to deposit any wastes, refuse, debris, or similar matter within
the City at any site other than the City's solid waste facility
or other designated municipal waste site. Wastes that cannot be deposited
at a municipal site may only be deposited at private sites which have
been approved by the state department of environmental protection
pursuant to 38 M.R.S.A.
[Ord. No. 25-1991, § 1-108, 9-10-1991]
No person shall operate a vehicle upon any City public way or
street in such a manner that material, rubbish, refuse, junk or litter
of any kind drips, sifts, leaks, drops or otherwise escapes therefrom
or drops upon the surface of such street or public way.
