Town of Casco, ME
Cumberland County
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[HISTORY: Adopted by the Town of Casco as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 62.
[Adopted by Town Meeting 9-5-1989 by Art. 3]
This article shall be known as and may be cited as the "Ordinance Relating to the Disposal of Solid Waste Within the Town of Casco, 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 the Town, 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 in accordance with the provisions of 38 M.R.S.A. §§ 1304-B and 1305, as amended.
For the purposes of this article, the following definitions shall be observed in the construction of this article:
A. 
Ordinary household, municipal, institutional, commercial and industrial solid waste, including but not limited to the following:
(1) 
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 to and at the ecomaine disposal facility are not violated;
(2) 
Processible portions of commercial and industrial solid waste; and
(3) 
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 municipality shall not be obligated to deliver or cause to be delivered any items listed in this Subsection A(3) to the ecomaine disposal facility, and further provided that such items may be delivered to the ecomaine disposal facility by or on behalf of the municipality on an irregular basis only and shall represent an insignificant portion of the total waste delivered to the ecomaine disposal facility by or on behalf of the municipality within any calendar year.
B. 
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 as of the date of a certain waste handling agreement between the municipality and ecomaine 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 as of the date of said waste handling agreement 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.
ASHES
That residue from the burning of wood, coal, coke or other combustible material.
BOARD
The Casco Selectboard.
[Amended 6-14-2017 by Art. 27]
COMMERCIAL REFUSE COLLECTOR
A person, firm, corporation or other entity that collects and hauls the solid waste of another person, firm, corporation or other entity for a fee.
CONSTRUCTION AND DEMOLITION DEBRIS
Construction/demolition debris, inert fill, land clearing debris and wood waste all as defined in Chapter 400 of the Maine Department of Environmental Protection regulations, but excluding acceptable waste and hazardous waste.
DISPOSAL
The discharge, deposit, dumping or placing of any solid waste into or on any land.
ECOMAINE
Ecomaine, a non-capital stock, nonprofit corporation created pursuant to Title 30-A, Chapter 115, and Title 13, Chapter 81, of the Maine Revised Statutes, or any successor thereto or assignee thereof.[1]
[Amended 6-14-2017 by Art. 27]
ECOMAINE CONSTRUCTION AND DEMOLITION DEBRIS DISPOSAL FACILITY
Any land or structure or combination of land area and structures, including dumps and transfer stations, owned or operated by or under a contract with ecomaine and/or any other site designated by ecomaine or its assignee used for storing, salvaging, incinerating, reclaiming or disposing of construction and demolition debris pursuant to the waste handling agreement and amendments thereto entered into between the Town and ecomaine.
ECOMAINE DISPOSAL FACILITY
Any land or structure or combination of land area and structures, including dumps and transfer stations, owned or operated by or under a contract with ecomaine and/or any other site designated by ecomaine or its assignee used for storing, salvaging, reducing, incinerating, reclaiming or disposing of acceptable waste pursuant to the waste handling agreement and amendments thereto entered into between the Town and ecomaine.
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.
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.
PERSON
Any natural person, corporation, partnership, sole proprietorship, association or other legal entity.
PUBLIC 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, reclaiming or disposing of solid wastes; this term shall include the ecomaine and Town disposal facilities and ecomaine construction and demolition debris facilities.
RESOURCE RECOVERY
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.
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 nor agricultural or hazardous wastes; it shall include acceptable waste, unacceptable waste and construction and demolition debris as defined herein.
TOWN
The Town of Casco.
TOWN DISPOSAL FACILITIES
Any land or structure or combination of land area and structures owned or operated by, or under a contract with, the Town, including a transfer station or similar facility used in connection with the disposal of acceptable waste, whether such facilities are constructed before or after the completion of the ecomaine disposal facilities.
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.
[1]
Editor's Note: Throughout this article, references to Regional Waste Systems, Inc. (RWS) were updated to ecomaine 6-14-2017 by Art. 27.
[Amended 6-14-2017 by Art. 27]
In accordance with the provisions of 38 M.R.S.A. § 1304-B, as amended from time to time, the Town hereby designates ecomaine and the Town disposal facilities as its public solid waste disposal facilities for the purposes cited in this article and designates ecomaine as its public solid waste disposal facility for construction and demolition debris. The dumping or depositing by any person at any place other than at the Town disposal facilities or ecomaine of any acceptable waste generated within the municipality is prohibited, and subsequent to receipt by the Town of notice from ecomaine of commencement of operations, the dumping or depositing by any person at any place other than ecomaine of any construction and demolition debris generated within the municipality 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. 
The Board shall establish the rules and regulations governing the availability and use of the designated public solid waste disposal facilities.
B. 
The operation of the designated public solid waste disposal facilities shall conform to all pertinent regulations or directives of all local, county, state or federal agencies which may have jurisdiction.
A. 
No person, firm or corporation shall permanently dispose upon any land within the corporate limits of the Town solid waste of any kind generated within the municipality, unless such land has been designated by the Board as a public solid waste disposal facility.
[Amended 6-14-2017 by Art. 27]
B. 
Certain materials may be excluded by regulation from that solid waste which may be deposited at a public solid waste disposal facility. These excluded materials may include junk automobile bodies and similar bulky waste which may require special processing prior to disposal; burning materials or materials containing hot or live coals; hazardous wastes; and other materials which the municipality deems necessary to exclude. Hazardous wastes shall be handled in accordance with 38 M.R.S.A. § 1319-O as amended from time to time.
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 municipality other than leaves.
A. 
Authorized disposal facility users. The availability and use of the designated public solid waste disposal facilities 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 designated public solid waste disposal facilities. As a means of user control, the municipality shall distribute vehicle permits to authorized users which shall be affixed to the user's vehicle(s). 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 municipal 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 designated public solid waste disposal facilities 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.
The Board may establish by order a schedule of license fees to be charged to commercial refuse collectors for the use of the designated public solid waste disposal facilities, which schedule shall be posted and published. All fees collected shall be for the use of the Town. Any license granted hereunder may be revoked upon any violation of this article.
It shall be the duty of the Board or its designee to enforce the provisions of this article.
All ordinances or parts of ordinances in conflict with this article are hereby repealed.
If any section, subsection, sentence or part of this article is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions 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 municipality. In addition, the municipality may seek injunctive relief, including attorney's fees, to ensure compliance with the terms of this article.
[Adopted by Town Meeting 6-18-1994 by Art. 62]
The purposes of this article are several:
A. 
Cost effective. This will be accomplished by prohibiting the disposal of solid waste not originating or generated in Casco-Naples at the Towns' facilities, by recycling as many materials as possible and, eventually, by reducing the volume of nonrecyclable materials through composting.
B. 
Protect the environment. As current methods of solid waste disposal may harm the air and water we breath and drink, it is necessary to minimize the volume of waste burned at waste-to-energy plants. This will be accomplished by recycling as many materials as feasible.
C. 
Reduce cost of solid waste disposal. As solid waste disposal costs have continually increased, it is necessary to exercise local control of as many cost factors as possible. This will be accomplished by separating wastes, by recycling as many materials as feasible, and by reducing the volume of waste hauled away for remote disposal.
D. 
Specify solid waste separation. In order to maximize savings of recycled material, to minimize the volume of waste hauled away for remote disposal, and to adhere to state and federal environmental regulations, it is necessary to require separation of wastes by residents.
E. 
Regulate waste disposition. In order to ensure that waste originating outside Casco-Naples is not handled by the facility, to ensure that wastes are properly separated and to enable effective management of the waste facility, it is necessary to regulate the disposition of wastes within the Towns of Casco-Naples.
F. 
Govern waste disposal. In order to ensure that the Town adheres to state and federal environmental statutes and regulations and to maximize savings to the Towns from recycling, it is necessary to govern waste disposal.
A. 
This article is adopted pursuant to home rule powers as granted in Article VIII of the Maine Constitution, 30-A M.R.S.A. §§ 2108 and 3001 and 38 M.R.S.A. § 1305.
[Amended 6-14-2017 by Art. 27]
B. 
The Selectboards of the Towns of Casco-Naples will administer and enforce the provisions of this article.
C. 
The Selectboard may hire a Solid Waste Manager to administer the Town's waste facility in compliance with this article.
As used in this article, the following terms shall have the meanings indicated:
CONSTRUCTION/DEMOLITION DEBRIS and HOUSEHOLD FURNISHINGS
All scrap and remnants which are the by-product of normal residential construction and demolition, including by example, and not by limitation, wood products, plywood, particle board, small metal scraps, insulation, wire clippings, empty containers, other inorganic debris, furniture and mattresses.
HAZARDOUS MATERIALS
All wastes and used containers which are subject to special handling by such state and federal environmental and safety laws and regulations as may exist from time to time.
HOUSEHOLD TOXIC WASTE
All empty, full or partially full containers of toxic materials sold for household use, including by example, and not by limitation, pesticides, fertilizers, paints, solvents, oils, and aerosol propellants.
INERT FILL
All material which does not chemically or biologically decompose, including by way of example, and not by limitation, sand, gravel, bricks, rocks, etc.
LIQUID WASTE
All unwanted or discarded material with sufficient liquid content to be free flowing, including by way of example, and not by limitation, waste motor oil, antifreeze, paints, motor fuels, solvents, rinse water and septic tank sludge.
PERSON
Any individual, firm, corporation, partnership, association, municipality, quasi-municipal corporation, state agency or any other legal entity.
RECYCLABLE MATERIALS
All materials that the Selectboard has determined can reasonably be separated from household, business, municipal or school refuse and be processed, including by way of example, and not by limitation, containers of glass, metal and plastic, magazines, newspapers, rags, and waste motor oil.
RUBBISH
All solid materials, not specified in other categories, resulting from the ordinary conduct of business or housekeeping, excluding recyclable materials and including by example, and not by limitation, bottle tops, paper cans, writing instruments, pottery and light construction debris.
SOLID WASTE
All unwanted or discarded material without sufficient liquid content to be free flowing, including by way of example, and not by limitation, compostable garbage, construction and demolition debris, recyclable materials, rubbish, tires, white goods and wood products.
TIRES and LEAD ACID BATTERIES
All tires and lead acid batteries.
TOWN
The Towns of Casco and Naples, Cumberland County, Maine.
WASTE FACILITY
Any land area or structure or combination of land area and structures owned or leased by the Towns, and operated by or for the Towns, used for storing, salvaging, processing, reducing, composting, incinerating or disposing of wastes, including by way of example, and not by limitation, collection trailers, landfills, dumps, recycling facilities, transfer stations and composting facilities.
WASTE FACILITY REGISTER
Book of accounts available at the waste facility maintained for the purpose of recording transactions, disbursements and receipts for collection and disposition of recyclables and other wastes.
A. 
All large appliances, including by way of example, and not by limitation, stoves, refrigerators, freezers, washing machines, clothes dryers, dishwashers and air conditioners.
B. 
All scrap metals, including by way of example, and not by limitation, wire, metal fencing, sheet metals, clean metal barrels, and bar stock.
WOOD PRODUCTS
Brush, lumber, leaves, trees, limbs and stumps.
A. 
This article shall apply to all persons using the waste facility of the Towns of Casco-Naples, including residents, commercial and industrial establishments, and commercial haulers.
B. 
This article shall be effective as soon as the Selectboard determines that the Town is prepared to provide recycling sources. The date that this article takes effect shall be publicly announced to provide at least 30 days' notice to residents.
It shall be the responsibility of each person to provide proper separation and disposition of all solid waste generated on his premises in accordance with the provisions of this article.
A. 
General provisions.
(1) 
Weight and volume restriction. Volumes of any waste exceeding that normally generated by a household may be delivered directly to the appropriate waste facility by appointment with the Solid Waste Manager or Selectboard and shall be placed as directed by the attendant.
(2) 
Separation. The Towns recognize that markets for recyclable materials will change, the technology of solid waste disposal will change, and federal and state solid waste and environmental regulations will change. Therefore, the Selectboard, with the advice of the Casco-Naples Transfer Council and the Solid Waste Manager, shall periodically define categories of solid waste, how those categories shall be separated and packaged prior to processing by the Town and how those materials shall be processed by the Towns. Administrative definitions and instructions shall be publicly posted to provide at least 30 days' notice to residents of the Towns. Materials shall be separated into the broad categories listed below:
(a) 
Recyclable materials. Recyclable materials constitute most of the Town's solid waste stream and, when properly handled, can defray the Town's costs and endeavor to minimize the degree of separation to be achieved prior to processing by the Town. Categories of recyclable materials include by way of example, and not by limitation, thoroughly clean materials such as:
[1] 
Magazines and glossy paper;
[2] 
Newspaper and advertising inserts;
[3] 
Waste motor oil;
[4] 
Metal cans;
[5] 
Plastic milk jugs; and
[6] 
Others as determined from time to time.
(b) 
Compostable garbage and rubbish. Compostable garbage and rubbish are accepted for disposal at landfills and waste-to-energy facilities at a higher net cost to the Town than recycling. Compostable garbage and rubbish may be intermixed and shall be placed in approved containers. The Town will process improperly separated recyclable materials as rubbish. The Town will process compostable garbage and rubbish generated within the Town for a processing fee. Notice: Residents of the Town are encouraged to compost organic wastes, such as kitchen and table scraps, animal and vegetable matter, and small brush at home.
(c) 
Other acceptable solid waste. Other acceptable solid wastes are bulky, require special handling, cannot be placed on a landfill or cannot be incinerated. The Town will process other acceptable solid wastes for a processing fee. Other acceptable solid wastes include by way of example, and not by limitation:
[1] 
Construction/demolition debris and household furnishings.
[2] 
Inert fill.
[3] 
Tires and lead acid batteries.
[4] 
White goods and scrap metals.
[5] 
Used motor oils.
[6] 
Wood products.
[7] 
Brush/stumps.
(3) 
Collection. Persons generating waste within the Town may contract with commercial haulers for collection of wastes, including recyclable materials, compostable waste and rubbish, and other acceptable solid waste. Recyclables must be separated from the waste stream by the producer at its source.
B. 
Acceptable wastes. Separated materials may be delivered to the waste facility during published operating hours. Materials shall be properly placed in the designated areas, as directed by the waste facility attendant. Materials may be delivered only by residents who display valid permits or by commercial haulers who display valid permits.
(1) 
Wastes to be delivered include:
(a) 
Recyclable materials; shall be properly separated and packaged.
(b) 
Compostable waste and rubbish; shall be placed in approved containers.
(c) 
Construction/demolition debris and household furnishings; shall be free of toxic and recyclable materials.
(d) 
Inert fill.
(e) 
Tires and lead acid batteries.
(f) 
White goods and scrap metals; shall be delivered with doors removed.
(g) 
Wood products.
(2) 
All of the above are to be deposited at the direction of the facility attendant.
C. 
Unacceptable wastes. The following categories of wastes are not acceptable by the waste facility. They shall not be mixed with other categories or delivered to the waste facility.
(1) 
Outside wastes. Any wastes generated outside the Town not accepted except by contract.
(2) 
Drums. A drum larger than five gallons shall not be accepted unless one end is opened and the drum has been cleaned.
(3) 
Hazardous materials. Hazardous materials and other residues and substances associated with commercial and industrial processes and operations are the responsibility of the person generating such wastes, unless otherwise approved for disposal in the waste facility by vote of the Council.
(4) 
Liquid waste. Liquid wastes shall not be accepted for disposal at the waste facility, except for waste motor oil [see Subsection A(2)(a), Recyclable materials].
(5) 
Motor vehicles shall not be accepted for disposal at the waste facility; they shall be disposed of via licensed mechanics or licensed junkyards.
A. 
Resident disposal permit. All residents who wish to deliver separated acceptable materials directly to the waste facility must display a free resident disposal permit issued by the Towns on their vehicle. No more than two permits will be issued to each household, and permits shall not be loaned, sold, or otherwise transferred to any other person not residing in the household.
B. 
Commercial hauler permit.
(1) 
Any person who seeks to serve the Towns as a commercial hauler, to collect and deliver separated acceptable materials to the waste facility, must have a valid commercial hauler permit issued by the Towns.
(2) 
Said hauler musts comply with rules applicable to commercial haulers. Special notice should be made that waste is to be sorted for recyclables by the generator at its source.
C. 
Material separation, delivery and placement. The Solid Waste Manager and waste facility attendants shall enforce the provisions of this article by inspecting materials received at the waste facility, ensuring processing and by directing the handling and placement of all materials.
D. 
Accounting.
(1) 
The Selectboard through the Casco-Naples Transfer Station Council shall establish procedures which reduce the need for the Solid Waste Manager and waste facility attendants to handle cash and which simplify administration of this article. Written descriptions of the procedures shall be posed in public places in the Towns.
(2) 
The Selectboard shall ensure that all transactions affecting expense of or income from the operation of the waste facility are recorded in the waste facility register. The waste facility register shall be available for inspection by residents of the Towns.
A. 
Fees. Fees shall be determined by the Casco-Naples Transfer Station Council on advice of the advisory committee based upon the Selectboard's recommendation and the Towns' experiences with solid waste management under this article.
(1) 
Commercial hauler. The Casco-Naples Transfer Station Council may set the annual fee to permit a commercial hauler to operate within the Towns.
(2) 
Processing.
(a) 
The Casco-Naples Transfer Station Council shall establish processing fees which provide incentives for recycling and offset increased handling costs resulting from disposal of nonrecyclable acceptable solid wastes. Fees shall be recommended based upon such considerations as volume, type of material, and frequency of delivery.
(b) 
Volumetric fees shall be assessed upon the amount of waste delivered each trip. If an enclosed vehicle cannot be inspected, a full load, based upon vehicle capacity, shall be assumed.
B. 
Penalties. Any person convicted of violating the provisions of this article which govern source of wastes, unacceptable wastes, and placement of materials shall be punished by a fine not to exceed $1,000 for each violation.
Should any section or provision of this article be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this article.
Whenever the requirements of this article are inconsistent with the requirement of any other article, code or statute, the more restrictive requirements shall apply.